HomeMy WebLinkAbout05-3613
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
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INe.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. OS- --a 1.3
C~~l '-&'1.
v.
STEPHEN e. SHILEY
308 DEERFIELD ROAD
CAMPHILL,PA 17011
CUMBERLAND COUNTY
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 INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(800)990-9] 08
File #: ] 19508
File #: 119508
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
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
2. The name(s) and last known addressees) of the Defendant(s) are:
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 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: 3788.
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 03/01/2005 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 tJ: 119508
6. The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2005 through 07/14/2005
(Per Diem $11.23)
Attorney's Fees
Cumulative Late Charges
08/20/2004 to 07/14/2005
Cost of Suit and Title Search
Subtotal
$68,344.74
1,841.72
1,225.00
99.00
$ 550.00
$ 72,060.46
Escrow
Credit
Deficit
Subtotal
0.00
0.00
$ 0.00
TOTAL
$ 72,060.46
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 Sheriff's 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 I 974, 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
daters) 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 9] 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 $
72,060.46, together with interest from 07/1 4/2005 at the rate of $11.23 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;;:~C'~
By: Is/Francis S. Hallinan
LA RENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 119508
<fJ
19 ~
J;1J ft>
\ C\Q.!
":'.,-"\:1./,;
! ,....iA;,~.;,:.
-~_., ,.....
. '
ROBERT P. ZIEGLER'
RECORDER OF DEEDS
CUMBERl.AND COUNTY- P.\
RECORD AND RETURN TO:
Appalachian Sa:Uement Agency, LLC
1229 East Chocolate Avenue
Hershey, PA 17033
200~ RUG 27 Prl 2 26
When recorded mail tOI
ABR AMRO MORTGAGE GROUP, IRC.
P.O. BOX 5064
TROY, MICHIGAN 48084
ATTB:FIRAL/TRAILIRG DOCUHEBTS
LOAII
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated AUGUST 20, 2004,
together with all Riders to this document.
(B) "Borrower" is STEPHER C SHILEY.
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is ABR AMRO MORTGAGE GROUP, IRC.
PENNSYLVANIA-.Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
~ 1999-2004 Online Documents, Inc. Page 1 of 16
InitialS:~
Form30391/7~
PAUDEED PAUOEOL 0404
08-17-2004 14.40
BK 1878PG3788
Lender is a CORPORATION
laws 01 DELAWARE.
2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084.
LOAR I, 645907889
organized and existing under the
Lender's address is
"
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated AUGUST 20, 2004.
The Note states that Borrower owes Lender ......SIXTY NIRE THOUSARD ORE HUNDRED ARD
NO/100********************************.******* Dollars (U.S. $69,100.00)
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in lull not later than SEP'l'EMBER 1, 2024.
(E) "Property" means the propertythatis described below under the heading "Transler 01 Rights in the
Property. ..
(F) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus Interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The lollowing
Riders are to be executed by Borrower [check box as applicable];
o Adjustable Rate Rider DCondominlum Rider
o Balloon Rider 0 Planned Unit Deveiopment Rider
W 1-4 Family Rider 0 Biweekly Payment Rider
CJVA Rider
o Second Home Rider
Dother(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect 01 law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, lees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Electronic Funds Transler"meansanytranSferollunds, otherthan atransaction originated by check,
drall. or similar paper instrument, which is initialed through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debil or credil an
account. Such term includes, but is not limited to, point-ol-sale translers, automated telier machine
transactions, translers initiated by telephone, w~e transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation. settJement, award 01 damages, or pro-
ceeds paid by any third party (other than insurance proceeds paid under the coverages described in
Section 5) lor; (Q damage to, or destruction 01, the Property; (ill condemnation or other taking 01 all or
any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations 01, or
omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defautt
on, the Loan.
(N) "Periodic PaymenY' means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
InitialSl~
PENNSYLVANIA-Single Famlly--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30391/01 '
@ 1999.2004 Online Documents, Inc. Page 2 of 16 PAUDEOL 0404
08-17-2004 14,40
BK I 8 7 8 PG 3 7 8 9
LOAB I: 645907889
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed
in regard to a '1ederally related mortgage loan" even if the Loan does not qualify as a "federally related
mortgage loan" under RESPA.
(P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (Q the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and ~Q the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY
(Type of Recording Jurisdiction] of CUMBER.LABD (Name of AecOlding JurlsdicUon):
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 430 RENO AVE, NEil CUMBERLlIHD,
[SUeet] [City)
Pennsylvania 17070 ("Property Address"):
IZip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
add~ions shall also be covered by this Secur~y Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title tothe Property against
all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property. ~
Initials:
PENNSVLVANIA-Single Family-Fannie MaG/freddlo Mac UNIFORM INSmUMENT Form 30391/01 /"
@1999.2004 Online Documents, Inc. Page 3 of 16 PAUDEDL 0404
08-17-2004 14.40
BK 1878PG3790
._,~ "f'l"r~I'lp -, "
>,-.,.
,e-,',
LOAN I, 645907889
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow
Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made
in U.S. currency. However, n any check or other instrument received by Lender as payment under the
Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all
subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) certnied check, bank check.
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or
at such other location as may be designated by Lender in accordance with the notice provisions in
Section 15. Lender may retum any payment or partial payment n the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but Lender is not obligated to apply such payments at the
time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument,
and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment
and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments n, and to the extent that, each payment
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment
of one or more Periodic Payments. such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date. or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note. until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this secu~' !rumen
Initials:
PENNSYlVANIA-Single Family-Fannie MaelFreddle Mac UNiFORM INSTRUMENT Form 30391101
@ 1999-2004 Online Document5. Inc. Pag9 4 of 16 PAUDEDL 0404
08-17-2004 14:40
BK I 8 7 8 PG 3 7 9 I
,,-;".;
LOAR t. 645907889
as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. n
any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage
Insurance premiums, n any, or any sums payable by Borrower to Lender in lieu of the payment of
Mortgage Insurance premiums in accordance WITh the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that
Community Association Dues, Fees, and Assessments, n any, be escrowed by Borrower, and such
dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this Section. Borrower shall pay Lenderthe Funds for Escrow Items
unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. n Borrower is obligated to pay Escrow
Items directly. pursuantto a waiver, and Borrowerfails to pay the amount due for an Escrow Item, Lender
may exercise ITS rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items atany time by a notice given in accordancewith Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sulfjcienllo permit Lender to apply
the Funds atthe time specified under RESPA, and (b) nollo exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, n Lender is an inslttution whose deposits are so insured) or
in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds.
annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing, however, thatinterestshall be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. IIthere is a shortage of Funds held in escrow,
as defined under RESPA, Lender shaU notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA. but in no more than 12
monthly payments. nthere is a deficiency of Funds held in escrow, as defined under RESPA, Lendershall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly paYm~nts.
Initialsl
PENNSYLVANIA..Single Family-~Fannte MaelFreddie Mac UNIFORM INSTRUMENT Form 30391/01
@ 1999.2004 Online Documents, Inc. Page 5 of 16 PAUDEDL 0404
08-17-2004 14.40
BK I 8 7 8 PG 3 7 9 2
!EXJfFr,.'"
LOAD .. 645907889
Upon payment in lull 01 all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Uens. Borrower shall pay all taxes, assessments, charges. fines, and impositions
attributable to the Property which can altain priority over this Security Instrument, leasehold payments
or ground rents on the Property. ff any, and Community Association Dues, Fees, and Assessments, ff
any. To the extent that these ttems are Escrow Items, Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promplly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good fatth by, or defends against enforcement of the lien in, legal proceedings which in Lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Property is subject to a lien which can altain priority over this Security Instrument, Lender may
give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the acllons set forth above in this Section 4.
Lender may require Borrower to pay a one-lime charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage," and
any other hazards including. but not limited to, earthquakes and floods, for which Lender requires
insurance. This insurance shall be maintained in the amounts Oncluding deductible levels) and for the
periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice. which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge lor flood zone determinallon, certification and tracking services; or (b) a one-time charge for
flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resuliing from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents olthe Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
01 insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section
5 shall become additional debt 01 Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date 01 disbursement and shall be payable, with such interest,
upon notice Irom Lender to Borrower requesting payment. ~
Initials~ ~
PENNSYLVANIA-Single Family-Fanni& Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/0
~ 1999.2004 Online Documents, Inc. Page 6 of 16 PAUDEDL 0404
08-17-2004 14.40
BK 1878PG3793
r-" "
,.., "Mi i'TA
""/,, '101, ""
LOAR " 645907889
All insurance policies required by lender and renewals of such policies shall be subjecllo Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name lender as
mortgagee and/or as an additional loss payee. lender shall have the right to hold the policies and
renewal certificates. n lender requires, Borrower shall prompUy give to lender all receipts of paid
premiums and renewal notices. n Borrower obtains any form of insurance coverage, not otherwise
required by lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. lender may
make proof of loss II not made promptly by Borrower. Unless lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, 11 the restoration Dr repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
wor\< has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as thewor\< is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, lendershall not be required to pay Borrower any
interest or eamings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower
shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. nthe restoration
or repair is not economically feasible Dr Lender's security would be lessened, the insurance proceeds shall
be applied to the sums secured by this Security Instrument, whether ornot then due, with the excess, II any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has ollered to settle a claim, then lender may negotiate and settle the claim. The 30-
day period will begin when the notice is given. In either event, or II Lender acquires the Property under
Section 22 Dr otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,
and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable
to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether Dr not then due.
6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, Dr unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and ProtllCtion of the Property; InspecUons. Borrower shall not
destroy, damage or impair the Property, aUow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless n is determined pursuant
to Section 5 that repair or restoration is noteconomicallyfeasible, Borrower shall promptly repair the Property
II damaged to avoid further deterioration or damage. If insurance or condemnation proc~n
Initials:
PENNSYlVANIA..Single Family-Fannlo Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01
e 1999-2004 Online Documents, Inc. Pag9 7 of 16 PAUDEDL 0404
08-17-2004 14.40
BK I 8 7 8 PG 3 7 9 4,
LOAN If 645901889
connection with damage to. or the taking of. the Property, Borrower shall be responsible for repairing or
restoring the Property only ~ lender has released proceeds for such purposes. lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
is completed. ij the insurance or condemnation proceeds are not su1ficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
lender or its agent may make reasonable entries upon and inspections of the Property. ij it has
reasonable cause, lender may inspect the interior of the improvements on the Property. lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's loan Application. Borrower shall be in defaull ij, during the loan application
process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to
lender (or failed to provide lender with material information) in connection with the loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of lender's Interest In the Property and Rights Under this Security Instrument
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)
there is a legal proceeding that might signijicantiy affect lender's interest in the Property and/or rights
under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce
laws or regulations), or (c) Borrower has abandoned the Property, then lender may do and pay for
whatever is reasonable or appropriate to protect lender's interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the value ofthe Property, and securing and/
or repairing the Property. lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying
reasonable attomeys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,
but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,
and have utilities turned on or off. Allhough lender may take action under this Section 9, lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that lender incurs no
liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from lender to Borrower
requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shall not, without the express written consent of lender. alter or
amend the ground lease. ij Borrower acquires fee title to the Property, the leasehold and the fee Utie
shall not merge unless lender agrees to the merger in writing.
10. Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the
loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by lender ceases to be available tro~e
Initials
PENNSYLVANIA-Single Family-Fannte MaelFreddl. Mac UNIFORM INSTRUMENT Form 30391/0
@ 1999.2004 Online Documents, Inc. Page 8 of 16 PAUDEDL 0404
08-11-2004 14.40
r'
_'t\
~,'
LOAR t. 645907669
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at
a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,
!rom an alternate mortgage insurer selected by Lender. II substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ullimately paid in
full, and lender shall not be required to pay Borrower any interest or eamings on such loss reserve.
lender can no longer require loss reserve payments II Mortgage Insurance coverage (in the amount and
for the period that lender requires) provided byan insurer selected by lender again becomes available,
is obtained, and lender requires separately designated payments toward the premiums for Mortgage
Insurance. II lender required Mortgage Insurance as a condition 01 making the loan and Borrower was
required to make separately designated payments toward the premiums lor Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in ellect, orlo provide a non-
refundable loss reserve, until lender's requirement for Mortgage Insurance ends in accordance with
any written agreement between Borrower and lender providing lor such termination or until termination
is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur II Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in lorce !rom time 10 time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These
agreements are on terms and conditions that are satislactory to the mortgage insurer and the other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained !rom Mortgage Insurance premiums).
As a result of these agreements, lender, any purchaser ofthe Note, another insurer, any reinsurer,
any other entity. or any affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that
derive !rom (or might be characterized as) a portion 01 Borrower's payments for Mortgage Insurance,
in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. IIsuch agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share 01 the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements wDl not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or eny other tenns of the Loan. Such agreements will not Increase the amount
Borrower will OWe for Mortgage Insurance_ and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has -If any - with respect to the
Mortgagelnsurence under the Homeowners Protection Act of 1998 or eny other law. These rights
may Include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive
a refund of any Mortgage Insurance premiums that were unearned althe time of such cancellation
or termination. .. ~:x
In~t1als ~
PENNSYLVANIA-Single FamilynFaMto Mae/Freddie Mac UNIFORM INSTRUMENT form 30391/01
@ 1999-2004 Online Documents, Inc. Page 9 of 16 PAUDEDL 0404
06-17-2004 14.40
BK I 8 7 8 PG 3 7 9 6
,.\
LOAH I: 645907889
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, nthe restoration or repair is economically feasible and lender's security is notlessened.
During such repair and restoration period, lender shall have the right to hold such Miscellaneous
Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been
completed to lender's satisfaction, provided that such inspection shall be undertaken promptly. lender
may pay for the repairs and restoration in a single disbursement or in a series of progress payments
as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest
or eamings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, n any. paid to Borrower. Such
Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the eventofa totaltaking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due. with the
excess, n any. paid to Borrower,
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount ofthe sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or n, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to lenderwithin 30 days after the date the notice is given, lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument. whether or not then due, "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action
in regard to Miscellaneous Proceeds.
Borrower shall be in default n any action or proceeding, whether civil or criminal, is begun that, in
lender's judgment, could result in forfeiture of the Property or other material impairment of lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,
iI acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
to be dismissed with a ruling that, in lender's judgment, precludes forfeiture of the Property or other
material impairment of lender's interest in the Property or rights under this security~e
Initials.
PENNSYLVANtA..Single Famity-Fannle MaelFreddie Mac UNIFORM LNSTRUMENT Form 30391/
C!:> 1999-2004 Online Documents, Inc. Page 10 of 16 PAUDEDL 04C4
08-17-2004 14:40
BK 1878PG3797
LOAH I. 645907889
proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time lor
payment or modification 01 amortization of the sums secured by this Security Instrument granted by
lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower. lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization 01 the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender
in exercising any right or remedy including, without limitation, lender's acceptance of payments Irom
third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Uabillty; Co-slgners; Successors and Assigns Bound. Borrower cov-
enants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-
signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to
extend, modify, lorbear or make any accommodations with regard to the terms of this Security
Instrument or the Note w~hout the co-signer's consent.
Subject to the provisions of Section t 8, any Successor in Interest 01 Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by lender, shall obtain
all 01 Borrower's rights and benefits under this Security Instrument. Borrower shall not be released Irom
Borrower's obligations and liability under this Security Instrument unless lender agrees to such release
in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns 01 lender.
14. loan Charges. lender may charge Borrower lees lor services performed in connection with
Borrower's defaun, for the purpose 01 protecting lender's interest in the Property and rights under this
Security Instrument, including, but notlimited to, attorneys'fees, property inspection and valuation fees,
In regard to any other lees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging 01 such lee. lender may
not charge fees that are expressly prohibited by this Security Instrument or by Applicable law,
II the loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the loan exceed the
permitted limits, then: (a} any such loan charge shall be reduced by the amount necessal)' to reduce the
charge to the permitted Iim~; and (b} any sums already collected Irom Borrower which exceeded permitted
limits wiR be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge
is provided lor under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of S~Ch. .
Initials:
PENNSYLVANIA-Single Family-Fannie Mae!Freddio Mac UNIFORM INSTRUMENT Form 30391/01
@ 1999.2004 Online Documents. Inc. Page 11 of 16 PAUDEDL 0404
08-17-2004 14.40
LOAN t, 645907889
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shaH prompUy
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
to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein
unless Lender has designated another address by notice to Borrower. Any notice in connection with this
Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Sevllrabillty; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might expliciUy or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract.
In the event that any provision or clause oflhis Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation
to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and oflhis Security Instrument.
18. Transfer of Ihe Property or a Beneficlallnlerest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract
or escrow agreement, the intent of which is the transfer oftille by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or it Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice 01 acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument. If Borrowerfails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right 10 Reinstate After Acceleration. If Borrower meets certain conditions.
Borrower shall have the right to have enforcement 01 this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power o~~
Initials,
PENNSYLVANIA-Single Family-Fannie Mae/Froddle Mac UNIFORM INSTRUMENT Form 3039 1/01
@ 1999.2004 Online Documents, Inc. Page 12 of 16 PAUD DL 0404
08-17-2004 14.40
LOAN I: 645901889
in this Security Instrument; (b) such other period as Applicable Law might specify for the termination
of Borrower's right to reinslate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred
for the purpose of protecting Lender's intereslin the Property and rights under this Security Instrument;
and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured
by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an instilutionwhose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,
this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servlcor; Notice of Grievance. The Note or a partial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrowerwill be given written notice ofthe change which will state the name and address
of the new Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice oflransfer of servicing. lithe Nole is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
obligations to Borrowerwill remain with the Loan Serviceror be transferred to a successor Loan Servicer
and are not assumed by the Nole purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join. or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable Law provides a time period which must elapse before certain action can be laken,
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by EnvironmenlalLaw and the
following subslances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, vo/atilesofvents, materials containing asbestos or formaldehyde, and radioac . a a
Initials:
PENNSVLVANIA-Single Family-Fannie Mae/Fr9ddie Mac UNIFORM INSTRUMENT Form 30391/01
@ 1999.2004 Online Documents. Inc. Page 13 of 16
LOAH I: 645901889
(b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to. or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not
do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law. (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of
a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property Oncluding, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and
any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release
of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
notified by any governmental or regulatory authority. or any private party. that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
take all necessary remedial actions in 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 follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
thedefaultmuat be cured; and (d) thatfallure to cure the defaultas specified may result In acceleration
of the sums secured by this Security Instrument, foreclosure by jucflClal procoeding and sale of the
Property. lender shall further infonn Borrower of the right to reinstate after acceleration and the right
to assert In the foreclosure proceeding the non...xistence of a dafault or any other defense of
Borrowar to acceleration and foreclosure. If the default is not cured as specified, Lender at Its option
may require Immediate payment in full of all sums secured by this Security Instrument withoutfurther
demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be enUtted
to collect all expenses Incurred In pursuing tha remedies provided In this Section 22, Including, but
not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security
Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender
shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender
may charge Borrowera fee forreleasing this Security Instrument, but only itthefee is paid to a third party
for services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error
or defects in proceedings to enforce this Security Instrument, and hereby waives th~be 't of
Initials:
PENNSYLVANIA-Single Famlly-Fannlo Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
C' 1999.2004 Online Documents. lnc. Page 14 of 16 PAUDEDL 0404
08-17-2004 14:40
BK 1878PG380 I
LOAR " 645907889
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 toone hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Monay Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
. ~~eal)
/PH SHILEY
PENNSYLVANIA-Single Family-FannkJ MaelFroddto Mac UNIFORM INSTRUMENT
It> 1999-2004 Online Documents. Inc. Page 15 of 16
Form 3039 1/01
PAUDEDL 0404
08-17-2004 14.40
LOAN I, 645907889
CertificateofR~ /. /7 0./,
I, VOU} <$ c.. .L~
do hereby certify that the correct address of the within-named Mortgagee is 2600 W. BIG
BEAVER RD.. TROY , MICHIGIlH 48084
Witness my hand this
day of
COMMONWEALlH OF PENNSYLVANIA
NOTARIAL SEAL
DOUGlAS C. RAUCHlIT, NoIIIy PWIc
Palmyra IlaR>, LeIlenon 00aI1Iy
My Commission E>cpjrea OCt. ~. 2IX17
My commission expires I
PENNSYLVANIA-Single Famity-Fannie Mae/Freddie Mac UNIfORM INSTRUMENT
@1999-20040nlineDocuments.lnc. Page 16 of 16
InitialS:~~
Form 3039 1/01
PAUDEOL 0404
08-17-2004 14,40
aK I 678PG3603
LEGAL DESCRIPTION
. ALL THA T CERTAIN piece or parcel onand, Hereditaments and Appnrtenances, Situate, lying and
being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more
. particularly bounded and described as foDows, to wit:
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet South of the Southerly side of
5th Street; thence in a Southerly direction along the said Reno Street, a distance of 27 ~ feet to property
of James A. Green; thence Westerly by tbe same, through the center of partition wall of a double frame
dwelling house, a distance of 75 feet to line of Lot No. 31; thence Northerly by the same, a distance of 27 ~
feet to a point; thence Easterly a distance of75 feet to the Westerly side of Reno Street, aforesaid, the
point or place of Beginning.
HAVING thereon erected a 2-J.\-story frame dwelling House No. 430 Reno Street, New Cumberland,
Pennsylvania.
BEING THE SAME PREMISES which Sarah L. Brickey, Executrix of the Estate of Marian A.
Kochenour, Deceased, by Deed dated April 27, 2000 and recorded May 3, 2000 in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 220, page 659, granted
and conveyed unto Stephen C. Shiley.
Parcel No.: 25-24-0811-251
'~b to be recorded
. ., " :c.l1d County P A
'~./~.J1 ~nL.L..
-."~ 7 / --j/'--
:.\
.,
I
/
Recorder of Deeds
SK H318fG380~
, .
RECORD AND RETURN TO:
Appalachian Settlement Agency, LLC
1229 East Chocolate Avenue
Hershey, PA 17033
LOAN ., 645907889
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 20TH day of AUGUST, 2004
and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed !the "Security Instrument") of the same date given by
the undersigned (the "Borrower) to secure Borrower's Note to ABR AMRO MORTGAGE
GROUP, IRC., A DELAliARE CORPOIlM'IOR
(the "Lender")
of the same date and covering the Property described in the Security Instrument and
located at 430 REHO AVE, HEW ClIMBERLAHD, PA 17070.
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.
In addition to the Property described in Security Instrument, the following items now
or hereafter attached to the Property to the extent they are fixtures are added to the
Property description, and shall also constitute the Property covered by the Security
Instrument: building materials, appliances and goods of every nature whatsoever
now or hereafter located in, on, or used, or intended to be used in connection with
the Property, including, but not limited to, those for the purposes of supplying or
distributinll neating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security and access control apparatus, plumbing, bath
tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds,
shades, curtains and curtain rods, attached mirrors, cabinets, paneling and
attached floor coverings, all of which, including replacements and additions thereto,
shall be deemed to be and remain a part of the Property covered by the Security
Instrument. All of the foregoing together with the Property described in the Security
Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are
referred to in this 1-4 Family Rider and the Security Instrument as the .Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek,
agree to or make a change in the use of the Property or its zoning classification,
unless Lender has agreed in writing to the change. Borrower shall comply with all
laws, ordinances, regulations and requirements of any governmental body applicable
to the Property.
C. SUBOADINATE LIENS. Except as permitted by federal law, Borrower shall
not allow any lien inferior to the Security Instrument to be perfected against the
Property without Lender's prior written permission. . A d
InJ.tialsl --;2C)
MULTISTATE 1-4 FAMilY AIDER-Fannie Mao/Freddlo Mac UNIFORM INSTRUMENT Form 3170 1/01 """"
e 1999-2002 Online Documents, Inc. Page 1 of 3 F3170RDU F317DALU 0205
08-17-2004 14.40
BK 1878PG380S
LOAH I. 645907889
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent
loss in addition to the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHTTO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless lender and Borrower otherwise agree in
writing, Section 6 conceming Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF lEASES. Upon lender's request after default, Borrower
shall assign to lender all leases of the Property and all security deposits made in
connection with leases of the Property. Upon the assignment, lender shall have the
right to modify, extend or terminate the existing leases and to execute new leases,
in lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to
lender all the rents and revenues ("Rents.) of the Property, regardless of to whom
the Rents of the Property are payable. Borrower authOrizes lender or lender's
agents to collect the Rents, and agrees that each tenant oflhe Property shall pay the
Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until
(i) lender has given Borrower notice of default pursuanlto Section 22 oflhe Security
Instrument and (Ii) lender has given notice to the tenant(s) that the Rents are to be
paid to lender or Lender's agent. This assignment of Rents constitutes an absolute
assignment and not an assignment for additional security only.
If lender gives notice of aefault to Borrower: (i) all Rents received by Borrower
shall be held by Borrower as trustee for the benefit of lender only, to be applied to
the sums secured by the Security Instrument; (ii) lender shall be entitled to collect
and receive all of the Rents of the Property; (iii) 'Borrower agrees that each tenant of
the Prof'erty shall pay all Rents due and unpaid to Lender or Lender's agents upon
Lender s wTltten demand to the tenant; (iv) unless applicable law provides othelWise,
all Rents collected by Lender or Lender's agents shall be applied first to the costs
of taking control of and managing the Property and collecting the Rents, including,
but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds,
repair and maintenance costs, insurance premiums, taxes, assessments and other
charges on the Proflerty, and then to the sums secured by the Security Instrument;
(v) lender, lender s agents or any judicially appointed receiver shall be liable to
account for only those Rents actually received; and (vi) Lender shall be entitled to
have a receiver appointed to take possession of and manage the Property and
collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control
of and managing the Property and of collecting the Rents any funds expended by
Lender for such purposes shall become indebtedness of Borrower to lender
secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not performed, and will not perform, any act that
would prevent lender from exercising its rights under this paragraph. ~
Initials:
MULTlSTATE 1-4 FAMILY RIDER-FannIe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1/01 /
C 1999~2002 Online Documents, Inc. Page 2 of 3 F3170RLU
08-17-2004 14.40
. .
BK 1878PG3806
~~~Seal)
~HEB C LEY
. .
LOAR .. 645907889
Lender, or Lender's agents or a judicially appointed receiver, shall not be
required to enter upon, take control of or maintain the Property before or after giving
notice of default to Borrower. However, Lender, or Lender's agents or a judicially
appointed receiver, may do so at any time when a default occurs. Any application
of Rents shall not cure or waive any default or invalidate any other right or remedy
of Lender. This assignment of Rents of the Property shall terminate when all the sums
secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any
note or agreement in which Lender has an interest shall be a breach under the
Security Instrument and Lender may invoke any of the remedies permitted by the
Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this 1-4 Family Rider.
MUL TISTA TE 1-4 FAMilY RIDER-Fannie Mae!freddle Mac UNIFORM INSTRUMENT Form 3170 1/01
@ 1999-2002 Online Documents, Inc. Page 3 of 3 F3170RLU
08-17 -2004 14.40
BK I 8 7 8 PG 3 8 0 7
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel ofland, Hereditaments and Appurtenances, SITUATE, lying and being in the
Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet South of the Southerly side of 5th Street;
thence in a Southerly direction along the said Reno Street, a distance of 27 1/2 feet to property of James A. Green; thence
Westerly by the same, through the center of partition wall of a double frame dwelling house, a distance of 75 feet to line
of Lot No. 31; thence Northerly by the same, a distance of27 1/2 feet to a point; thence Easterly a distance of75 feet to
the Westerly side of Reno Street, aforesaid, the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
BEING the same premises which Gordon H. Winter and Lillian V. Winter, husband and wife, by Indenture bearing date
the 5th day of April, AD. 1946 and recorded in the Office for the Recording of Deeds, in and for the County of
Cumberland, aforesaid, in Record Book E-13 page 179 &c., granted and conveyed unto Edward W. Kochenour and
Marian A. Kochenour, husband and wife. in fee.
Filc#: 11950&
VRRIFWATlON
Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN
AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that
he/she is authorized to take this Veritication, and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information
and belief. The undersigned understands that this statement is made subject to the penalties of I 8
Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
DATE:
7/~
p()~
fL 1- 0
........ -<: 1I1
~ w (7
~~~
--- ~ ~
~
-.
-:: -
CC:.'
,.....'
, (-,
eJI -"'i'l
L ~1J.
8
I'U
-.-
en
-n
G.1
.
ABN AMRO Mortgage Group, Ine.
715l) Corklau Drive
Jacksouville, FL 32258-4455
No. 05-3613 Civil Term
Plaintiff
v.
Stepheu C. Shiley
308 Deerfield Road
Camp Hill PA 17011
Defeudant
DEBTORS ANSWER TO A COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW come the Defendant, by his Attorney James M. Bach and files within Answer to a
Complaint in Mortgage Foreclosure:
1.-2. Admitted.
3. Denied.
The allegation that a mortgage has been recorded io Cumberland County is denied. This mortgage
was not attached to the complaiot as an exhibit. It appears that in order to establish the
truthfulness of this allegation at a minimum, the plaintiff must attach to the complaiot the
mortgage under which they advance this complaint.
4, Admitted.
5. Denied.
This item is denied. The mortgage company is suggesting a total failure to make monthly
payments. This is not true. The defendant admits that he may have missed a payment or several
payments, but it is denied that the defendant received notice that he must pay the entire priocipal
balance and all ioterest. It is further denied that the mortgage is io default and strict proof of this
allegation is demanded at time of trial.
6, Denied.
Although the complaiot contaios allegations of a payment and request for ioterest, attorney fees,
late charges and other items, the complaint does not contain a payment history to indicate what
payments, if any the defendant has made toward this account. The defendant can not ascertaio
whether or not it is accurate as to the allegation contaioed io this paragraph therefore strict proof
of this allegation is demanded at time of trial hereof.
7. Denied.
It is believed that the attorney fees requested should not be assessed against the defendant. It is
believed that there is no written document which gives permission to the plaiotiff to collect these
additional fees, especially sioce there is no attachment as to what work if any to justify this
amount. Strict proof of this allegation is demanded at time of trial hereof.
'.
8. Denied
The defendant did not receive written notice in advance of this complaint as required by law. It is
suggested that the plaintiff has 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 had not
received actual written notice of an intended mortgage foreclosure.
9. Denied
This is a legal conclusion for which generally a response is not 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.Denied
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 Court dismiss the Complaint
in Mortgage Foreclosure filed against him.
RESPECTFULLY SUBMITTED
Date: Julv 29. 2005
h1~
M. Bach
J M. BACH
Alto yI.D.No.18727
352 . Sporting Hill Road
Mechanicsburg, P A 17055
(717) 737-2033
2
Q
,..,
<~:~.l
0:";:;)
..::....1
o
.,
--,
:L
fI1
~;._;"
c=
C"J
,
r'J
.."
r0
C1"~
PRAF:c:JPF FOR USTTNG CASF FOR ARGTJMFNT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
ABN AMRO Mortgage Group, Inc.
7159 Corklan Drive
Jacksonville, FL 32258-4455
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
Defendant
: No. 05-3613 Civil Term
I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
2. Identify counsel who will argue case:
(a)
for plaintiff:
Address:
Robert Lieberman, Esquire
500 North 3rd Street, 12'h Floor
P.O. Box 1004
Harrisburg, P A 17108-100
(b) for defendant: James M. Bach, Esquire
Address: 352 S. Sporting Hill Road
Mechanicsburg, P A 17050
3. I will notify all parties in writing within two days that this case has been listed for argument.
4.
Argument Court Date:
(
Date GJI1/0)
p'.") (J
{'",.;:\ -n
,::.::J
.;:',)"1 ?- ~
i'~!;l?~
j.,.
~,;
('},,::
c.,
cO)
-------
PHELAN HALLINAN & SCHMIEG, LLP
By: JENINE R. DAVEY, ESQIDRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(21 '" <;6~_7nnn
Attorney for Plaintiff
ABN AMRO Mortgage Group, Inc.
7159 Corklan Drive
Jacksonville, FL 32258-4455
Plaintiff
: Court of Common Pleas
: Civil Divisiou
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, P A 17011
Defendant
: No. 05-3613 Civil Term
f:ERTTFTCATTON OF SFRVTCF
I hereby certifY that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof, Praecipe for Argument, Order, Certification of Service and attached
Exhibits 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:
q\q\t'S
\ \
Jenine . Davey, Esquire
Attorney for Plaintiff
.
C}
.['1
"'-'
(,.,.)
(..J
CO
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ABN AMRO Mortgage Group, Inc.
7159 Corklan Drive
Jacksonville, FL 32258-4455
Plaintiff
Court of Common Pleas
Civil Divisiou
vs.
Cumberland Couuty
Stepheu C. Shiley
308 Deerfield Road
Camp Hill, P A 17011
Defeudant
: No. 05-3613 Civil Term
ORORR
AND NOW, this
day of
, 2005 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 of law, and it is hereby:
ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against
Defendant, Stephen C. Shiley, for $72,060.46 plus interest from July 14,2005 at the rate of$l 1.23 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: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(21 ~) ~1"-7000
Attorney for Plaintiff
ABN AMRO Mortgage Group, Inc.
7159 Corklan Drive
Jacksonville, FL 32258-4455
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill. PA 17011
Defendant
: No. 05-3613 Civil Term
MOTION FOR STTMM ARV .mnr.MFNT
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;
1. There are no material issues off act in dispute.
2. Plaintiff is seeking only an in = judgment in this mortgage foreclosure action.
3. Defendant has admitted that he missed several payments. therefore summary judgment is
appropriate is as more fully addressed in Plaintiffs 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 improperly denies paragraphs five and six of the Complaint,
which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiff'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 Plaintiff's Complaint.
7. Defendant has alleged that the mortgage was not attached to the Complaint. This is not a
defense to the foreclosure action. Nevertheless, a true and correct copy of the Mortgage was attached to the
Complaint. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as
Exhibit C.
8. 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 ofthe Recorder of Cumberland County
in Mortgage Book No. 1878, Page 3788, 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.
9. The Mortgage is due for the March 1,2005 payment, a period in excess of six months. An
Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by
reference, and marked as Exhibit B.
10. Defendant default is also evidenced by Plaintiff's loan history, a true and correct copy of
which is attached hereto, made part hereof, and marked Exhibit F.
II. 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 Plaintiff's attached Brief. Nevertheless,
Plaintiff sent Defendant a letter notifying him of his default and of Plaintiff's intent to foreclose. A true and
correct copy of the letter and envelope returned as unclaimed is attached hereto, made part hereof, and
marked Exhibit E.
12. Defendant is not eligiblefor Act 91 of 1983 because the mortgaged premises is not the
principal residence of the Defendant. 35 P.S. ~1680.40Ic(a)(1). Nevertheless, Plaintiff sent Defendant
notice pursuant to Act 91 of 1983. A true and correct copy of the Notice of Homeowner's Emergency
Mortgage Assistance Program along with the envelope returned as unclaimed is attached hereto, made part
hereof, and marked as Exhibit E.
13. 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 sheriff's sale, and ensuring
the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief
14. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriff's
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,
PI-p2LAN HALLINAN & SCHMIEG, LLP
\ ~
.':;",:...;';',: . .
-
EXHIBIT A
()
,
J5B f?>
\ lAx q/
I.~'~ .i~J1~".f1f'f
~l."" __
....."''-_0:-
, '
ROBERT P. ZIEGLER'
RECOROER Of OEEOS
CUMBERL^NDCOUNTY-P~
RECORD AND RETIJRN TO:
Appalachian S,,:tlament Agency, LLC
1229 East Chocolale Avenue
Hershey, PA 17033
200~ ~UG 27 Prl 2 26
When recorded mail tOt
ASR AMRO MORTGAGE GROUP, IRe.
P.O. BOX 5064
TROY, MICHIGAN 48084
ATTR I FIHAL/TRAI LIIIG DOCU!lERTS
LOAII
(Space Above Tbts Une For Recording Data)
MORTGAGE
DEFINmONS
Words used in muKiple sections of this document are defined below and other words are defined in
Sections 3, 11.13. 18, 20 and 21. Cerlain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Securtty Instrument" means this document, which is dated AUGUST 20, 2004,
together with all Riders to lIlis document.
(B) "Borrower" is STEPHEB C SaILBY.
Borrower is the mortgagor under Ihis Security Instrument.
(C) "lender" is ABH AMRO MORTGAGE GROUP, IRe.
PENNSYLVANIA-Single Family-Fannl& MaelFteddlo Uac UNIFORM INSTRUMENT
(Q f999-.2004 Online Documents. loc. Page 1 of 16
Initials:~
Form303917~
PAUDEED PAUOEOL 0404
08-11-2004 14140
BK 1878PG3788
"
':-~-,~-J~pf:~rr ,,~
lender is a eORPORATIOR
laws of DELAWARE.
2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084.
LOAB tl 645907889
organized and existing under lIle
lender's address is
lender is the mor1gagee under this Security Instrument.
(0) "NoIe" means the promissory note signed by Borrower and dated AUGUST 20, 2004.
The Note states that Borrower owes lender ......SIXTy RINE THOUSAIID 01lE HUHDRED ABD
110/100""*****.******************************** Dollars (U.S. $69,.100.00)
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full notlater than SEPTEMBER 1, 2024.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in lIle
Property. "
(F) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Inslrumentlllat are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
OAdjustable Rate Rider OCondominium Rider o Second Home Rider
OBaHoon Rider o Planned Unit Development Rider OOlher(s) [specify]
[i] 1-4 Family Rider 0 Biweekly Payment Rider
OVA Rider
(H) "Applicable law" means all controlling applicable lederal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non.appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments
and olller charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Bectronlc Funds Transfer" means anytransferoffunds, olllerthan a transaction originated by check,
draft, or sim~ar paper instrument, which is initiated IIlrough an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, inslrucl, or authorize a financial institution 10 debit or credit an
account. Such term includes, but is nollimited to, point-of-sale transfers, automated telJec machine
transactions, transfers initiated by telephone, wire transfurs, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(l) "Miscellaneous Proceeds" means any compensation, selllement, award of damages, or pro-
ceeds paid by any lIlird party (other than insurance proceeds paid under the coverages described in
Section 5) for: (Q damage to, or destruction of. the Property; fa) condemnation or other taking of all or
any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or
omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting lender againslthe nonpayment of, or defauK
on, the Loan.
(N) "Periodic Paymenf' means the regularly scheduled amount due for (i) principal arrd interest under
the Nole, plus (ii) any amounts under Section 3 of this Security Instrument.
Initia1S1~
PENNSYLVANlA-Single F8mity~-Fannie MaeJFreddie Mac UNIFORM INSTRUMENT Form 30391/01 -
@ 1999-+2004 Online Documents, Inc. Page 2 of 16 PAUOEDL 0404
08-17-2004 14140
BK 1878PG3789
;;-~~. iloti u 1'11" "
.. '. .."ff-'... '" ,):.f
..~.--.:,;.: S ,,-fL'
LOAR t. 645907889
(0) nRESPAn means lIle Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation thatgovems the same subject mailer. As
used in this Security Instrument, "RESPA" refers to an requirements and restrictions that are imposed
in regard to a "federally related mortgage loan" even tt the loan does not qualify as a "federally related
mortgage loan" under RESPA.
(P) "Successor In Interest of Borrower" means any party lIlat has taken title to lIle Property, whether
or notlllat party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to lender: (i) lIle repayment of the loan, and aU renewals, extensions and
mocIificalions of lIle Note; and eu) lIle pertorrnance of Borrower's covenants and agreements under lIlis
Security Instrument and lIle Note. For lIlis purpose, Borrower does hereby mortgage, grant and convey 10
lender the following descnbec/ property located in the COURTr
[Type of Recording JurisdictionJ of CUMBER.LABD (Name of Recording Jurisdiction):
SIlE LEGAL DESCRIPTIOR ATTACHED HERETO AIID MADE A PART HEREOF.
which currently has the address of 430 RENO AVE, RElf CUMBERLARD,
(SU"" [Cityl
Pennsylvania 17070 ("Property Address");
(Z;p Code'
TOGETHER WITH all the improvements now or hereafter erected on lIle property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by lIlis Security Instrument. All of the foregoing is referred to in lIlis
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right 10 mortgage, grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the tiUe to the Property against
all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines unttorm covenants for national use and non-uniforrn
covenants with Iimiled variations by jurisdiction to constitute a uniform secunty instrument covering real
property. ftfzb
Init.ials:
PENNSYLVANIA....singlo Famifv-Fannie Ma9/Freddle Mac UN1FORM INSTRUMENT Form 30391/01 ..
01999-2004 Dorine Documents, Inc. Page 3 of 16 PAUOEDl 0404
08-17-2004 14.40
BK 1878PG3790
-~=.;"'''',El ~~:!8S t} !?i~-
I~<'
{'!-\1I"HiH"
~~-':"'J:"-'_..>-'
LOAH .: 645901889
UNifORM COVENANTS. Borrower and lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Item$, Prepayment Charges, and late Charges.
Borrower shaM pay when due the principal of, and interest on, !he debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow
Items pursuant to Section 3. Payments due under the Note and this Security tnstrument shaH be made
in U.S. currency. However, if any check or other instrument received by lender as payment under the
Note or this Security Instrument is returned to lender unpaid. lender may require that any or aU
subsequent payments due under the Hote and !his Security Instrument be made in one or more of !he
following forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) 8ectronic Funds Transfer.
Payments are deemed received by lender when received at !he location designated in the Note or
at such other location as may be designated by lender in accordance with the notice provisions in
Section 15. lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the loan current lender may accept any payment or partial payment insufficient
to bring the Loan current. without waiv<>r of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future. but lender is not obHgated to apply such payments at the
time such payments are accepted. I! each Periodic Payment is appHed as of its scheduled due date,
then lender need not pay interest on unapplied funds. lender may hold such unapplied funds until
Borrower makes payment to bring !he Loan current I! Borrower does not do so within a reasonable
period of time, lender shaH eilher apply such funds or return them to Borrower. I! not applied earlier,
such funds will be appHed to !he outstanding principal balance under the Note immediately prior to
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 this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceods. Except as o!hecwise described in this Section 2, aU
payments accepted and app6ed by lender shall be app6ed in the following order of priority: (a) interest
due under !he Note; (hI principal due under !he Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shaH be applied first to late charges, second to any other amounts due under this Security Instrument,
and !hen to reduce !he principal balance of the Note.
I! lender receives a payment from Borrower for a deHnquent Periodic Payment which includes a
sufficient amount to pay any late charge due, !he payment may be applied to !he delinquent payment
and the late charge. I! more than one Periodic Payment is outstanding, lendec may apply any payment
received !rom Borrower to !he repayment of the Periodic Payments if, and 10 the extent that each payment
can be paid in fuD. To the extent that any excess exists after the payment is apprl9d to the full payment
of one or more Periodic Payments. such excess may be appHed to any late charges due. Voluntary
prepayments shalf be apprl9d first to any prepayment charges and !hen as descnbed in Ihe Note.
Any application of payments, insurance proceeds. or MisceDaneous Proceeds to principal due under
the Note shalt not extend or postpone the due dale, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due
under !he Note, until the Note is paid in full, a sum (the "Funds"J to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over ~his secu~.0
Inl.t1als:
PENNSYlVANfA-Singl8 fllmity-FannJG MaeIFroddie Mac UNIFORM INSTRUMENT Form 30391/01
€,l1999-2004 OnlineOocuments. IDe. Page 4 of 16 PAUDEDL 0404
08-11-2004 14,40
BK 1878PG3191
c' A iMl ,/", ,<,<"
'-"'. .,. - ,JdF ff .!l
~ii......;lgji"_~u~, /]; - -, "',
LOAD .: 645907889
as a lien or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, if
any; (c) premiums for any and aU insurance required by lender under Section 5; and (d) Mortgage
Insurance premiums. if any, or any sums payable by Borrower to lender in lieu of the payment of
Mortgage Insurance premiums in accordance with the provisions of Section 10. These nems are called
"Escrow Items." At origination or at any time during the term of !he loan, lender may require that
Community Association Dues, Fees, and Assessmeflts, if any, be escrowed by Borrower, and such
dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to lender all
notices of amounts to be paid under !his Section. Borrower shaU pay lender the Funds for Escrow Items
unless lender waives Borrower's obUgation to pay the Funds for any or all Escrow Items. lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, !he amounts due for any Escrow Items forwhich payment of Funds has been waived by lender
and, if lender requires. shan furnish to lender receipts evidencing such payment within such time
period as lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase 'covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow
Itemsdireclly, pursuanllo awaiver, and Borrowerfails to pay the amounl due for an Escrow Ilem, lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 910 repay to lender any such amount. lender may revoke thewaiver as loany or an Escrow
Items atany time by a notice given in accordancewilh Section 15and' upon such revocation, Borrower shall
pay to lender aU Funds, and in such amounts, lhat are then required under !his Section 3.
lender may, at any lime. collect and hold Funds in an amount (a) sufficienllo permit lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. lender shall...stimate the amount of Funds due on the basis of current data and
reasonable estimates of expendifures of future Escrow Items or otherwise in accordance with
Applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if lender is an inslilution whose deposits are so insured) or
in any Federal Home loan Bank. lender shall apply !he Funds to pay the Escrow Items no later than
the time specified under RESPA. lender shaH not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying !he Escrow Items. unless lender pays Borrower
interest on the Funds and Applicable law permits lender to make such a charge. Unless an agreement
is made in writing or Applicable law requires interest to be paid on the Funds, lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and lender can agree in
writing, however, that interest shan be paid on the Funds. lender shall give 10 Borrower, without charge,
"an annual accounting of !he Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA. lender shall account to
Borrower for !he excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shal notify Borrower as required by RESPA, and Borrower shal pay to
lender !he amount necessary to make up the shortage in aocordancewith RESPA, but in no more than 12
mon!hly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, lender shall
notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly paYme~ts.
Initials&
PENNSYlVANIA-Single Famiy-Fannkt MaeJfreddi& Mac UN(FORM (NSTRUMENT form 3039 1/01
@ 1999-2004 Online Documents, foe. Page 5 of 16 PAUDEOL 0404
08-17-2004 14:40
OK I 678PG3792
exHIBIT
LOAB " 645901889
Upon payment in lull of all sums secured by !his Security Instrumen~ lender shall prompUy refund
to Borrower any Funds held by lender.
4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to !he Property which can attain priority over !his Security Instrument, leasehold payments
or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if
any. To the extent !hat !hese items are Escrow lIems, Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promplly discharge any lien which has priority over this Security Instrument unless
Borrower: (al agrees in writing to the payment of the obfigation secured by !he fien in a manner
acceptable to lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good faith by, or delends against enforcement of the lien in, legal proceedings which in lender's
opinion operate to prevent the enforcement of the lien while !hose proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory 10 Lender subordinating the lien to this Security Instrument. II lender determines !hat any
part of the Property is subjecllo a tien which can attain priority over !his Security Instrumen~ lender may
give Borrower a notice identifying the rl<!n. Within 10 days of the dale on which that notice is given,
Borrower shall satisfy !he lien or take one or more of !he actions set forth above in !his Section 4.
lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by lender in connection wi!h !his Loan.
5. Property Insurance. Borrower shall keep !he improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage,. and
any other hazards including, but not limited to, earthquakes and floods, for which Lender requires
insurance. This insurance shall be maintained in the amounts Oncluding deductible levels) and for the
periods that Lender requires. What lender requires pursuant to the preceding sentences can change
during !he term of the loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. lender may require Borrower to pay, in connection with this loan, either: (a) a one-time
charge for fiood zone determination, certification and tracking services; or (bl a one-lime charge lor
flood zone determination and ceclification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an objection by
Borrower.
II Borrower fails to maintain any of the coverages described above, lender may obtain insurance
coverage, at Lender's option and Borrower's expense. lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover lender, but might or might
not protect Borrower, Borrower's equity in !he Property, or the contents of !he Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower
acknowledges that the cost of the insurance coverage so obtained might significanllY exceed the cost
01 insurance !hat Borrower could have obtained. Any amounts disbursed by lender under !his Section
5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, wi!h such interest,
upon notice from lender to Borrower requesting payment. ~
Initials: _~__
PENNSYlVANtA--Single Famfly-Fannie Mae/Freddio Mac UNIfORM INSTRUMENT Form 30391/0
f;) 1999-2004 Online Documents, Inc. Page 6 of 16 PAUOEOl 0404
08-17-2004 14140
BK 1878PG3793
EXHiBIT A
LOAR t. 645907889
All insurance policies required by lender and renewals 01 such porlCies shall be subject to lender's
righllo disapprove such porocies, shall include a standard mortgage clause, and shall name lender as
mortgagee and/or as an addilionalloss payee. lender shall have the right to hold !he policies and
renewal certificates. If lender requires, Borrower shall prompUy give to lender all receipts of paid
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not o!herwise
required by lender, for damage to, or destruction 01, the Property, such policy shall include a standard
mortgage clause and shall name lender as mortgagee and/or as an additional loss payee.
In the everrtofloss, Borrower shall give prornptnolice 10 !he insurance carrier and lender. lender may
make prool of loss if not made promptly by Borrower. Unless lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by lender, shall be
appl..d 10 restoration or repair of !he Property, if !he resloration or repair is ecooomicaly feaSIble and
lender's security is ootlessened. During such repair and restoration period, lender shall have the right 10
hold such insurance proceeds unfillender has had an opportunity to inspect such Property to ensure the
WO"' has been completed 10 lender's satisfaction, provided !hat such inspection shaD be undertaken
promptly. lender may disburse proceeds lor the repairs and restoration in a single payment or in a series
of progress payments as the WO"' is completed. Unless an agreement is made in writing or Applicable law
requires inlerestlo be paid on such insurance proceeds, lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or oIherthird parties, retained by Borrower
shal not be paid outoftheinsurance proceeds and shall be the sole obligation 01 Borrower. II!he restoration
or repair is not economicallyleasible or lender's security would be lessened, the insurance proceeds shal
be applied to !he sums secured by !hisSecurily Instrument, whe!her ornotthen due, with !he excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided lor in Section 2.
If Borrower abandons the Property, lender may file, negotiate and selUe any avaaable insurance
claim and related mailers. II Borrower does not respond within 30 days to a notice from lender !hat the
insurance carrier has offered to sellle a claim, !hen lender may negotiate and sellle the claim. The 30.
day period will begin when file notice is given. In either event, or if lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed !he amounts unpaid under the Note or this Security Instrument,
and (b) any o!her of Borrower's rights (o!her than the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable
to !he coverage 01 the Property. lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whe!her or not then due.
6. Occupancy. Borrower shall occupy, estabfish, and use the Property as Borrower's principal
residence wi!hin 60 days after the execution of fIlis Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date 01 occupancy, unless
lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, aUow the Property to deteriorate or commit waste on !he Property.
Whelher ornot Borrower is residing in !he Property, Borrower shall maintain the Property in orderto prevent
!he Property from deterioralilg or decreasing in value due to its condition. Unless it is determined pursuant
to Section 5!hatrepairorrestoration is noteconomicallyfeasible, Borrowershall promptly repair the Property
if damaged to avoid further deterioration or damage. II insurance or condemnation p~
Initials:
PENNSYlVANlA-Single- Family-FannlG MaelFreddie Mac UNtFORM INSmUMENT Form 30391/01
o 1999-2004 Online Documents. Inc. pag9 7 of 16 PAUDEDl 0404
08-17-2004 14.40
BK 1678PG3794
1--"1
LIt Wit:if"" "
~~E iillii-,-'l.,., P _~
LOAD " 645907889
connection with damage to, or !he taking of, !he Property, Borrower shall be responsible for repairing or
restoring !he Property only ~ lender has released proceeds for such purposes. lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the WOIl<
is completed. II the insurance or condemnation proceeds are notsulficientto repair or restore !he Property,
Borrower is not refleved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. II ~ has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shaH give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's loan Application. Borrower shall be in defau~ ~, during the loan application
process. Borrower or any persons or entities acting at !he direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to
lender (or faaed to provide lender with material information) in connection with the loan. Material
representations include, but are not limited to. representations concerning Borrower's occupancy of !he
Property as Borrower's principal residence.
9. Protection of lender's Interest In the Properly and Rights Under this Security Instrument
If (a) Borrower fails to perform the covenants and agreements contained in !his Security Instrument, (b)
there is a legal proceeding !hat might significantly allectlender's interest in the Property and/or rights
under !his Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce
laws or regulations), or (c) Borrower has abandoned the Property, then lender may do and pay for
whatever is reasonable or appropriate to protect lender's interest in !he Property and rights under this
Security Instrument, including protecting and/or assessing the value of the Property, and securing and/
or repairing the Property. lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over !his Security Instrument; (b) appearing in court; and (c) paying
reasonable attomeys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing !he Property includes,
but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or o!her code violations or dangerous conditions,
and have utilities turned on or 011. Although lender may take action under this Section 9, lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that lender incurs no
liability for not taking any or aU actions authorized under this Section 9.
Any amounts disbursed by lender under this Section 9 shaH become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from lender to Borrower
requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply wi!h all the provisions of the
lease. Borrower shaH not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shall not, without the express written consent of lender, alter or
amend !he ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title
shall nol merge unless lender agrees to the merger in writing.
10. Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the
loan, Borrower shaH pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, !he Mor1gage Insurance coverage required by lender ceases to be available fro~e
Initials
PENNSYLVANIA-Single Family-Fannie Ma$/Freddl. Mac UNIFORM INSTRUMENT Form 3039110
(j} 1999-2004 Online Documents. Inc. Page 8 of 16 PAUDEDl 0404
08-17-2004 14.40
BK 1878PG3795
EXHiBiT A
LOAD " 645901889
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shaH pay the premiums
required to obtain coverage substantiaUy equivalent to the Mortgage Insurance previously in effect, at
a cost substanliaHy equivalent to the cast to Borrower of the Mortgage Insurance previously in effect,
from an aHemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not avaffable, Borrower shall continue to pay to Lender the amount of the separately
designated payments !hat were due when !he insurance coverage ceased to be in effect. lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non.refundable, notwithstanding the fact that !he loan is uUimately paid in
lull, and lender shall not be required to pay Borrower any interest or eamings on such loss reserve.
lender can no longer require loss reserve payments II Mortgage Insurancecovecage (in the amount and
forthe period !hat lender requires) provided by an insurer selected by lender again becomes available,
is obtained, and lender requires separately designated payments toward !he premiums for Mortgage
Insurance. If lender required Mortgage Insurance as a condition of making the loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shaH pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-
refundable loss reserve, until lender's requirement for Mortgage Insurance ends in accordance with
any written agreement between Borrower and Lender providing for such termination or untiltecmination
is required by Applicable law. No!hing in this Section to affects Borrower's obrlQation to pay interest
at the rate provided in !he NoIe.
Mortgage Insurance reimburses Lender (or any entity that purchases !he Note) for certain losses i1may
incur if Borrower does not repay the loan as agreed. Borrower is not a party to !he Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time 10 time, and may
enter into agreements with other parties !hat share or modify their risk, or reduce losses. These
agreements are on terms and conditions that are satisfactory to the mortgage insurer and !he other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, ano!her insurer, any reinsurer,
any other entity, or any affifiate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,
in exchange for sharing or modifying !he mortgage insurer's risk, or reducing losses. II such agreement
provides !hat an affiliate of lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements wUI not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the loan. Such agreements will not Increase the amount
Borrower wUl owe for Mortgage Insurance, and they wUI not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rIghts
may Include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance termInated automatically, and/or to receIve
a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation
or tormination. ~
Initials
PENNSYlVAMA-Singie Family-Fannto Mae/Neddie Mac: UNIFORM INSTRUMENT Fonn 3039 1/01
@ 1999-2004 Online Documents. Inc. Page 9 of 16 PAUDEOL 0404-
08-11-2004 14:40
BK 1878PG3796
f~HjBJl' A
LOAD " 645907889
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to lender.
If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
oflhe Property, if!he restoration or repair is economically feasible and lender's security is notlessened.
During such repair and restoration period, lender shall have !he right to hold such Miscellaneous
Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been
completed to lender's satisfaction, provided that such inspection shall be undertaken promptly . lender
may pay for the repairs and restoration in a single disbursement or in a series of progress payments
as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest
or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
lender's sQCUritywould be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such
Miscellaneous Proceeds shall be applied in !he order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, !he Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whe!her or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value oflhe Property in which the fair market
value of !he Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than !he amount of the sums secured by !his Security Instrument immediately before !he parlial
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
mullipUed by the following fraction: (a) the total amount of the sums secured immediately before the
parliallaking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction. or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before !he partial taking, destruction, or loss in value is less !han the
amount of the sums secured immediately before the parlialtaking, destruction, or loss in value, unless
Borrower and lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument whelhec or noIthe sums are !hen due.
It the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to selUe a claim for damages, Borrower
fails to respond to lenderwi!hin 30 days after the date the notice is giVef1, lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or notlhen due. 'Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right 01 action
in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun Ihat, in
lender's judgment, could result in for1eiture of the Property or other material impairment of lender's
interest in the Property or rights under this Security Instrument Borrower can cure such a default and,
if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
to be dismissed wi!h a ruling that, in lender's judgment, precludes forfeiture of the Property or other
material impairment of lender's interest in the Property or rights under this Security ~e
Initials.
PENNSYLVANIA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30391/Q
@1999-20040nlineDocuments,lnc. Page 10 of 16 PAUDEDl 0404
08-17-2004 14,40
BK 1878PG3797
4:
LOAB " 645907889
proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
in the Property are hereby assigned and shaH be paid to lender.
AH Miscellaneous Proceeds that are not applied to restoration or repair of the Property shaH be
applied in the order provided for in Section 2.
12. Borrow.... Not Released; Forbearance By Lender Not a Waiver. Extension of !he time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
lender to Borrower or any Successor in Interest of Borrower shaH not operate to release the liability of
Borrower or any Successors in Interest of Borrower. LendGr shaH not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of !he sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender
in exercising any right or remedy including, withoullimitation, lender's acceptance of payments from
third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shaH not be a waiver of or preclude the exercise of any right or remedy.
13. Jofnt and SeveralllabiUty; Co-s1gners; Successors and Assigns Bound. Borrower cov-
enants and agrees !hat Borrower's obrlQalions and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a 'co.signer1: (a) is co-
signing !his Security Instrument only to mor1gage, grant and convey the co-signer's interest in !he
Property under !he terms of !his Security Instrument; (b) is not personally obligated to pay the sums
secured by !his Security Instrument; and (c) agrees that lender and any other Borrower can agree to
extend, modify, forbear or make any acoornmodations with regard to !he terms of !his Security
Instrument or the Note without !he CO-Signer's consent.
Subject to !he provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under1his Security Instrument in writing, and is approved by lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from
Borrower's obligations and liabilify under this Security Instrument unless lender agrees to such release
in writing. The covenants and agreements of this Security Instrument shaD bind (except as provided in
Section 20) and benefilthe successors and assigns of Lender.
14. loan Charges. lender may charge Borrower fees for services performed in connection with
Borrower's defauK, for !he purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any 01hec fees, the absence of express authority in !his Security Instrument to charge a
specifIC fee to Borrower shan not be construed as a prohibition on the charging of such fee. lender may
not charge fees that are expressly prohibited by this Security Instrument or by Applicable law.
If the loan is subject 10 a law which sets maximum loan charges, and that law is finaHy interpreted so
lhat1he interest or olher loan charges collected or 10 be coI1ected in connection with !he loan exceed the
permitted limits, !hen: (a) any such loan charge shaH be reduced by !he amount necessary to reduce the
charge to the permitted limit; and (b) any sums already coIlec1ed from Sorrowerwhich exceeded permitted
6mits wi. be refunded 10 Borrower. lender may choose to make this refund by reduclng1he principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, !he reduction win
be treated as a partial prepayment without any prepayment charge (whe!her or not a prepayment charge
is provided for under the Note). Borrower's acceptance ot any such refund made by direct payment to
Sorrowerwill constitute a waNer of any right of action Borrower might have arising out of S~Ch, .
Initials.
PENNSYLVANIA-Single FamUy-Fannio MaelFreddie Mac UNifORM INSTRUMENT form 30391/01
C> 1999-2004 Online Oocuments, Inc. Page 11 of 16 PAUOEDL 0404
08-17-2004 14140
BK I 8 7 8 PG 3 7 9 8
.4..'
"
LOAR t; 645901889
15. Notices. All notices given by Borrower or lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with !his Security Instrument shaD be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by o!her means. Notice to anyone Borrower shall constitute notice to a1i Borrowers'
unless Applicable Law expressly requires o!herwise. The notice address shall be the Property Address
unless Borrower has designated a substilute notice address by notice to Lender. Borrower shall promptly
notify lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, !hen Borrower shall only report a change of address lhrough that specified procedure.
There may beonlyonedesignated noliceaddress under !his Securitylnstrumentatanyone lime. Any notice
to lender shaH be given by delivering it or by malling ~ by first class maillo lender's address stated herein
unless lender hes designated anolher address by notice 10 Borrower. Any notice in connection with !his
Security Instrument shal not be deemed to have been given 10 Lender until aclualy 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. Govornlng law; Severability; Rules of Construction. This Security Insltument shall be
governed by federal law and the law of !he jurisdiction in which the Property is located. All rights and
obfigations contained in this Security Instrument are subject to any requirements and limilations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties 10 agree by conltact or it
might be silent. but such silence shall not be construed as a prohiMion against agreement by contract.
In the event that any provision or clause of !his Security Instrument or the Note conflic1s wilh Applicable
law, such conflict shall not affect other provisions of !his Security Instrument or the Note which can be
given effect wi!houtthe conflicting provision.
As used in this Security Instrument: (a) words of !he masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation
to take any action.
17. Borrower's Copy. Borrower shall begiven one copy of the Note and oflhis Securitylnsltument.
18. Transferal the Property or a Beneficlallnte....s1ln Borrower. As used in this Section 18,
"Interest in !he Property" means any legal or beneficial interest in the Property, including, but not ~m~ed
to, those beneficial interests Itansferred in a bond for deed, conltact lor deed, inslaUment safes contract
or escrow agreement. the intentofwhich is !he Itansfer of title by Borrowerat a future date toa purchaser.
If all or any part of !he Property or any Interest in !he Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without lender's prior written
consent, Lender may require immediate payment in fuD of aU sums secured by !his Security Instrument
However, lhis 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 nolice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by !his Security Instrument If Borrowerfails to pay
these sums prior to the expiration of this period, lender may invoke any remedies pennilled by !his
Security Instrument wllhout further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have !he right to have enforcement of !his Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of~le lain
Initials:
PENNSYlVAMA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Fonn 30391/01
@1999-20040nlineDocuments,lnc. Pago 12 of 16 PAUO Dl 0404
08-11-2004 14,40
BK I B 7 8 PG 3 7 99
it
LOAR t. 645901889
in this Security Instrument; (b) such other period as Applicable Law might specify for the termination
of Borrower's right to reinstate; or (c) entry of a judgment enforcing !his Security Instrument. Those
conditions are !hat Borrower; (a) pays lender an sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures anydefaull of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred
for the purpose of protecting lender's interest in the Property and rights under this Security Instrument;
and (d) takes such action as lender may reasonably require to assure that lender's interest in the
Property and rights under this Security Instrumen~ and Borrower's obligation to pay the sums secured
by this Security Instrument, shan continue unchanged. lender may require !hat Borrower pay such
rein statement sums and expenses in one or more of !he foUowing forms, as selected by lender: (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Bectronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,
this right to reinstate shaft not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of loan Servlcer; Notice of Grievance. The Note or a partial interest
in the Note (together with !his Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might resull in a change in !he enlify (known as the "Loan Servicer1that collects
Periodic Payments due under !he Note and !his Security Instrument and pedorms other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
be one or more changes of !he Loan Servicer unrelated 10 a sale of the Note. If there is a change of the
loan Servicer, Borrower will be given written notice of !he change which will state the name and address
of the new Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter !he
loan is serviced by a Loan Servicec o!her !han !he purchaser of the Note, the mortgage loan servicing
obligations to Borrowerwill remain with !he Loan Servicer or be transferred to a successor loan Servicec
and are not assumed by the Note purchaser unless o!hecwise provided by the Note purchaser.
Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an
individualliligant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that !he other party has breached any provision of, or any duty owed
by reason of, this Security Instrument. until such Borrower or Lender has notified the o!her party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the o!her party herelo a reasonable period after !he giving of such notice to take corrective
action. If Applicable Law provides a time period which must elapse before certain action can be taken,
that time period wiD be deemed to be reasonable for purposes of !his paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy !he notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are lhase
substances defined as toxic or hazardous substances, pollutants. orwastes by Environmental Law and the
foftowing substances: gasoline, kerosene, other nammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioa' a
Initials::
PENNSYLVANIA-Single Farnify-Fannle Mae/fr-.klie Mac UNIFORM INSTRUMENT Form 30391/01
e 1999-2004 Online Documents. Inc. Page 13 of 16
BK I 87 8 PG 3 8 0 0
;i
LOAB t: 645907889
(b) "EnvironmenleJ law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "EnvironmenleJ Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental law; and (d) an "Environmental
Condition" meansa condition that can cause, contribute to. orothetwise triggecan Environmental Cleanup.
Borrower shall not cause or pecmft the presence, use, disposal, storage, or release at any Halardous
Substances, or threaten to release any Hazardous SUbstances, on or in !he Properly. Bolrower shaft not
do, nor alow anyone else to do, anything affecting !he Properly (a) that is in IIioIalion of any Environmental
law. (b) which creates an En\lironmental Condition, or (e) which, due to the presence, use, or release of
a Hazardous Substance, creates a condition 1haI adversely affecls!he value of !he Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Properly of smaD quantities of
Hazardous SUbstances !hat are generally recognized to be appropriate to nannal residential uses and to
mai"ltenance of !he Property ~ncluding, but not limited to, hazardous substances in consumer products).
Borrower shall prompUy give lenderWl"iIten notice of (a) any investigation. claim, demand, lawsuit
or other action by any govemmental or regulatory agency or private party involving the Properly and
any Hazardous Substance or Environmental law of which Borrower has actual knowledge, (b) any
Environmental Condition. including but not limited to, any sp~ling, leaking, discharge, release or threat
of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release
of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
notified by any governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shaD promptly
take all necessary remedial actions in accordance with En\lironmentallaw. Nothing herein shall create
any obligation on lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
22. Accoleration; Remedles.lender shall give notice to Borrowwprlorto acceleration following
Borrower's breach of any covenant or agreement In this Security InslrUment (but not prior to
acceleration under Seclfon 18 unless Applicab'" law provides otherwise). lender shall notify
Borrower of. among olhor things: (a) the default; (b) the action required to CtlTe the default; (c) when
Ihodefaultmuslbe cured; and (d) Iholfallure tocure the default as specified may result In acceleration
of the SURl$ secured by this SecurIty Instrument, foreclosure by judic:IaI procoeding and sa'" of the
Property. lander shall further inform Borrower of the right to relnstate after acceleration and the right
to assert In the foreclosure proceeding the non-existence of a default or any other defense of
Borrowerlo acceleration and fo_losure. If tht> default is not cured as speclfilld, Lender at Its option
may require Immediate payment in full of all sums secured by this Security Insfrument without further
demand and may foreclose this Securfty InslnIment by JudlclaJ proceed'mg. Londer shall be ""tilled
to collect all el<Jl9flS"S Incurred In pursuing the remedies provided In this Section 22, Including, but
nof limited to, attorneys- f....s and costs of tiUe ellldence 10 the eldenf permitted by Applicable Law.
23. Release, Upon payment of afi sums secured by this Security Instrument, this Security
Instrumenl 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 Borrowera fee for releasing this Security Instrument, bulonly if the fee is paid to a !hird party
for services rendered and the charging of !he fee is permitted under Applicable law.
24. Waivers. Borrower. to the extent permitted by AppUcable law, waives and releases any error
or defects in proceedings to enforce !his Security Instrument, and hereby waives the~e t of
Initials:
PENNS'nVANlA-Single famlty-Fannle Mae/freddie Mac UNIFORM INSTRUMENT Form 30391/01
e 1999-2004 Online Documents. (Oc. Page 14 of 16 PAUDEDl 0404
08-17-2004 14:40
BK 1878PG380 I
~"~}~1r;i~~,tt ~
LOAR I. 645907889
present or future laws providing for stay of execution, extension of time, exemption from allachmenl,
levy and sale, and homestead exemption.
25. Relnstalomenf Period. Borrower's time to reinstate provided in Section 19 shaD extend toone hour
prior to the commencement ofbidding at a sheriff's sale or olhec sale pursuant to !his Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire ti1leto!he PIopecty, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees !hat the interest rate payable after a judgment
is entered on the Note or in an action of mor1gage foreclosure shall be !he rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded wi!h it.
~~eal)
. P SHILEY . .
PENNSYLVANlA-Single Famity-Fannlo Mae/Froddie Mac UNIFORM INSTRUMENT Form 30391/01
It> 1999-2004 OnlineOocuments.lnc. Page 15 of 16 PAUDEDl 0404
08-17-2004 14:40
BK J 878PG3802
i';:'yi' .',,' .,.
L~ '..,h"MR. Il
J!:.,.'," .<
LOAlI I. 645901889
CertificaleofR~ /. /l ///,
I, Vouy<S L .L~
do hereby certify that the correct address of the wi!hin-named Mortgagee is 2600 If. BIG
BEAVER RD., TROY, MICHIGAN 48084
Witness my hand this
yJ
day of
Agent of Mortgagee
COIDJIloliweal thot PEBJISYLVAlIIA
County of ,....~I-J
On this, the .)D"" day of -A~... J .;;t:oq before me,~.. c./?=.LI
, the un ersigned officer, personally appeared
STEPHEK C SRlLEr, known to me (or satisfactorily proven) to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged
that he/she/they executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand fieial sea
COMMONWEAl..TH OF PENNSYlVANIA
NOTARIAl SEAl..
DOUGlAS C. RAUCHUT, N<lllIy Ptdc
~ Boro, ~ CoWlIy
My Canmission E>cpVfl\l Clc:l. 'Zl,2JX1T
My comaission expiresl
PENNSYLVANIA--Single FarWty....fannie MaeJFreddie Mac UNIFORM INSTRUMENT
@ 1999~2004 Onrll18 Docoments.,lnc. Page 16 of 16
Initia1s~~
Form 3039 1/0
PAUOEDL 0404
08-17-2004 14,40
aK 1878PG3803
LEGAL DESCRIPTION
~-h" _.,
~.~i:#f.~H1' ,A,
ALL THAT CERTAIN piece er parcel ef laod, HereditameJJts aDd Appurtenaoces, Situate, lying ud
beiog in the Borough of New Comberland, Ceooly of Cumberlaod aod Slate of Penosylvania, more
. particularly boooded aod described as follows, to wit:
BEGINNING at a poiot 00 tbe Westerly side of Reoo Street, distaot 96 feet Sooth of the Southerly side of
5th Street; theoce io a Soutberly direction aloog tbe said Reno Slreel, a distaoce of27loS feet to property
of James A. Green; thence Westerly by the same, tbrough the ceoter of partition wan of a double frame
dwelling house, a distance of7S feet to Iioe of Lot No. 31; thence Northerly by tbe same, a distance of27loS
feet to a point; tbence Easterly a distance of 75 feet to tbe Westerly side of Reno Street, aforesaid, tbe
point or place of Beginning.
HAVING thereon erected a 2-loS-story frame dwelliog House No. 430 Reno Street, New Cumberland,
Peonsylvania.
BEING THE SAME PREMISES wblcb Sarah L. Brickey, Executrix of tbe Estate of Marian A.
Kocbenour, Deceased, by Deed dated April 27, 2000 and reeorded May 3, 2000 in the Office of tbe
Recorder of Deeds In and for Cumberland Counly, Pennsylvaoia, io Record Book 220, page 659, graoted
and conveyed unto Stephen C. Sbiley.
Parcel No.: 2S-24-0811-2S1
,;'" to be recorded
. .".':clldCountyPA
_..::~-4""~ ~r
:.\
.,
, I
/
Recorder of Deeds
OK 1818rG380~
:t~'.~.,lt.~~~
'n~nfrlt,
RECORD AND RETURN TO: '"
Appalachian Settlement Agency, llC
1229 East Chocolate Avenue
Hershey. PA 17033
LOAD Is 645901889
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1.4 FAMILY RIDER is made this 20TH day of AUGUST, 2004
and is incorporated into and shall be deemed to amend and supplementthe Mortgage,
Deed of Trust, or Security Deed Sthe "Security Instrument") of the same date given by
the undersigned (the "Borrower) to secure Sorrower's Note to ASH AMRO MORTGAGE
GROUP. IRe., A DBLAHARE eORPORATIQR
(the "Lender")
of the same date and covering the Property described in the Security Instrument and
located at: 430 REliO AVE, REIf ClIMBERLARD, PA 11070.
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.
In addition to the Property described in Security Instrument, the following items now
or hereafter attached to the Property to the extent they are fixtures are added to the
Property description, and shall also constitute the Property covered by the Security
Instrument: building materials, appliances and goods of every nature whatsoever
now or hereafter located in, on, or used, or intended to be used in connection with
the Property, including, but not limited to, those for the purposes of supplying or
distributin\l heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security and access control apparatus, plumbing, bath
tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, stonn doors, screens, blinds,
shades, curtains and curtain rods, attached mirrors. cabinets, paneling and
attached floor coverings. all of which, including replacements and additions thereto,
shall be deemed to be and remain a part of the Property covered by the Security
Instrument. All of the foregoing together with the Property described in the Security
Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are
referred to in this 1.4 Family Rider and the Security Instrument as the "Property."
B. USE OF PROPERTY; COMPUANCE WIn! u..W. Borrower shalf not seek,
agree to or make a change in the use of the Property or its zoning classification,
unless Lender has agreed in writing to the change. Borrower shall comply with all
laws, ordinances, regulations and requirements of any governmental body applicable
to the Property.
C, SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall
not allow any lien inferior to the Security Instrument to be perfected against the
Property without Lender's prior written permission. .. #. I
InJ.t1-alsl _ _~
MUl nST ATE 1-4 FAMtL Y RIDER --Fannie Mao/Freddlo Mac UNIFORM INSTRUMENT Form 3170 1/01 V'
e 1999-2002 Online Oocuments, Inc. Page 1 of 3 FJ 110RDU F3170AlU 0205
08-11-2004 14,40
BK 1878PG380S
Y") .~.
r:~J(iiJBfrA
LOAR I. 645901889
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent
loss in addition to the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing, Section 6 concerning Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower
shall assign to lender all leases of the Property and all security deposits made in
connection with leases of the Property. Upon the assignment, lender shall have the
right to modify, extend or terminate the existing leases and to execute new leases,
in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to
lender all the rents and revenues ("Rents") of the Property, regardless olto whom
the Rents of the Property are payable. Borrower authonzes Lender or lender's
agents to collect the Rents, and agrees that each tenant of the Property shall pay the
Rents to lender or lender's agents. However, Borrower shall receive the Rents until
Ii} lender has given Borrower notice of default pursuant to Section 22 of the Security
Instrument and (ii) lender has given notice to the tenant(s) that the Rents are to be
paid to Lenderor Lender's agent. This assignment of Rents constitutes an absolute
assignment and not an assignment for additional security only.
If lender gives notice of default to Borrower: (i} all Rents received by Borrower
shall be held by Borrower as trustee for the benent of Lender only, to be applied to
the sums secured by the Security Instrument; Iii} Lender shall be entitled to collect
and receive all of the Rents of the Property; (iiQ tIDrrower agrees that each tenant of
the Prof>erty shall pay all Rents due and unpaid to lander or Lender's agents upon
lender swritten demand to the tenant; (iv) unless applicable law provides otherwise,
all Rents collected by Lender or lender's agents shall be applied first to the costs
oltaking control of and managing the Property and collecting the Rents, including,
but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds,
repair and maintenance costs, insurance premiums, taXes, assessments and other
charges on the Property, and then to the sums secured by the Security Instrument;
(v) Lender, lender's agents or any judicially appointed receiver shall be liable to
account for only those Rents actually received; and (vil Lender shall be entitled to
have a receiver appointed to take possession of ana manage the Property and
collect the Rents and profits derived from the Property without any Showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control
of and managing the Property and of collecting the Rents any funds expended by
Lender for such purposes shall become indebtedness of Borrower to Lender
secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not performed, and will not perform, any act that
would prevent Lender from exercising its rights under this paragraph. ~
lnitialsz
MUL TlST ATE 1-4 FAMtl Y RIOER-Fannklo MaelFreddie Mae UNIFORM INSTRUMENT Form 3170 1/01 /
@1999-20Q20nlineDocuments,lnc_ Page 2 ot 3 F3170RLU
08-11-2004 14.40
BK 1878PG3806
. .
LOAH t. 645901889
Lender, or Lender's agents or a judicially appointed receiver, shall not be
required 10 enter upon, lake control of or maintain the Property before or after giving
notice of default to Borrower. However, Lender, or Lender's agents or a judicially
appointed receiver, may do so at any time when a default occurs. Any application
of Rents shall not cure or waive any default or invalidate any other right or remedy
of Lender. This assignment of Rents of the Property shall terminate when all the sums
secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any
note or agreement in which Lender has an interest shall be a breach under the
Security Instrument and Lender may invoke any of the remedies permitted by the
Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this 1-4 Family Rider.
~;~Seal)
~HE8 C ILBY
MUlTlSTATE 1-4 FAMilY RlDER-f=annie Mae/Freddle Mac UNIFORM INsTRUMENT Form 3110 1~1
C 1999-2002 Online Documents. Inc. Page 3 of 3 f3170RlU
08-17-2004 14:40
OK l878PG3807
.
i
j
I
,
EXHIBIT At
,
I
,
~ II 645901889
NOTE
AUGUSr 20 t 2004
(Date)
BEltSKEI,
{CitYI
PEUSfLYMtA
(State.
130 REBO AVE, lIEN CtJIIUIERLIUID, pJl 17010
(property Addres.)
t. IIOAROWER'S PROMISE TO PAY
In return for a k)an thatthaYe reoeiwd,l promise to pay U.S. $69,100.00 (Ulis amounts caled "Principan.
plus interest. to the order oflhe Lender. The Lender is ABlI MAG MORl"GlLOE GIlOUP, life., A DELAWARE
COapOltATIotI.
I wiN make all payments under this Note in the 10rm at cash. check or money order.
I understand that the Lender maytrans'fef this Note. The l&nder or anyone who takes this Note by transfer and who
is entiUed to receive payments under this Note is oded the "Note Hofdef,"
2. INTEREST
Interest wilt be charged on unpaid principal until the full amount 01 Principal has been paid. I will pay interest at a
yearlyraleof 6.000\.
The interest rate rEKIuired by this Seclion 2 is the rate I wtIt pay both before-and a1t.er any default described irl $ecIion
6(8) of this Note.
3. PAYMENTS
(A) nm. .nd Plec. of P.vmen"
I will pay prindpal and interest by making a payment every month.
f wilt make my monthty payment on the 1ST day of each month beginning on OCTQ6811. 1, 2o.Ot.
I will make these payments every month untill have paid al/ofUle principal and interest and ..ny otherchargG$ desctibed
below that I may owe undef this Note. Each monthty payment witI be applied as of lis scheduled due date and will be
applied to intefest betofe Principal. If, on SEf'TE.MBER 1, 2024, t sliD owe amounts under this NoIe. f will
pay those amounts in tuft on thai date. which hi called the "Maturity Date."
t will make my monthly payments .t
4242 .'. HAaLEH AVE.
aOaRXDGI. IL 60106
AT'tIfI CASSIERlaG
or al a cfrfferent place if required by the Note HokIef.
{B) Amount 01 Monlhly Payments
My monUtly payrrnmt wiRbein the amount of U.S. $495,05.
4. BORROWER'S RIGHT TO PREPAY
I have Ihe right to make payments at Principal at any time before they ace due. Apaym.ent of Principal only is known
as a "Ptepayment." When I makea Prepayment. I wiD tenth. Note Holder in Wlitil19lhat I am doing so. I may not designate
a payment as a Prepayment K I nave not made all the monthly payments due unddr the Note.
I may make a tuB Prepayment Of partial Prepayments without paying a Prepayment charge. The Note Holder win
use my Prepaymenls to reduce the amount of Pnndpalthat 1 owe under this Note. However. the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Ptepayment to
(edue4! the Principal amount 01 the Note. If I make a partial Prepayment, there wUt be no changes in the due date Of in
the amount at my monthly payment unless. the Note Holder agrees in wriling to those changes.
5. LOAN CHARGES
If a la.w. whtcn appl1es to this toan and which sets maximum toan charges. i$ finally interpreted so that the interest
or other loan charges collected Of lobe coIeeted in connection with this loan exceed the permitted limits. then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the pennihed limit; and (b) any
sums already collected tcom me which eKCeeded permiUed limits wtll be ceblded lome. TheNote Holder may choose
to make this refund by reducing the Principal I owe under this Nole or by making a direct payment to me. II a refund
reduces Pfincipat 'he reduction will be treated as .. partial Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) u'. Charge tOl Owrdu. P.yrnenta
11 the Note Holder has not received the flJll amount 01 any monthly payment by Ihe end of t5 calendar
days arter the date~is due. I wiD pay a late charge 10 Che Note Holder. l11e amount of the charge will be 5.000'
of my overdue payment of principatand inte&'e$\.1 wi\ipay this late charge promptly but only once 00 each lalepayment.
(8) Oolault
If I do not pay the fun amount of each monthly payment on Ihe date il is due. I will be in default.
(C) NotiC4 of OefllUlt
If I am in detau". the Note Holder may SGM me a written notice telling me that it I do not pay the overdue amount
by a certain date. the Note Hok:Ier may require me to pay immediately the full amount of Principal which l1as not been
paid and alllhe intelesllhat I owe on that amount. Thai date must be at feast 30 days atterthe dat-e on which the notice
is mailed to me or delivered by other means.
(0) No Waiver By Note Holder .
Even d. al a time when J am in default, the Not'l! Holder does not feqUir~ me 10 pay immedialely in full as descnbed
above. the Nole Holder will sl," have the right to do so it I am in defauet at a later time. ~
Init.ials.
MULTfSrATE FlKEG RATE. NOlE-Single F~mity-F.nf1I. "'../FrHdIe Mac UNfFORM INSTRUMENT F<<m 3200 1/1U
01999-2004 Online DocurNInls. Inc P890 1 of 2 F:l aT 0401
08-11-2004 14f40
(E) Poyment 01 Note HoIder'o Costs _~_
lfthe Note H~der has required me topay immediately in full as des.cribed above. the Note Holder will have the (Jght
to be paid' back by me b' an of ils costs and expenses in enforcing this Note 10 the extent not prohibited by appticab(e
law. Those expenses include. for ex.ample, <<!~ attomeys' fees.
7. GMNG OF NOneES
t.Jn\ess epplicab\& law requires a ctmerent method. any notice thai must be given to me under this Note wUl be given
by delivering it or by mailing it by first class mail 10 me at the Property Address above or al a different address if I give
the Note Hofder a notice of my different address.
Arty notice that must be given to the Nole Holder under this Note win be given by delivering it or by mailing it by filst
class majl 10 Ihe Note Holder at the address srated in Section 3{A) above Of at a different address it I am given a notice
of that diff$'-ent address.
LOAR Is 645901889
8. OeUGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note. each person is tully and personally obligated 10 keep au of the promises
made in this Nole. including the promtse to pay the 1ufJ amounlowed. Any person whois a guarantor, surety or endorser
of this Note is also obligated to do these-things, Any person who takes over these obligalions, incfuding the obligations
of a guarantor. surety or endorser or this Note, is also obigated to keep all of the promises made in Ihis Note, The Note
Holder may enfOfce its rights under this Note against each person indiW:tuatty or against a" of us \ogether. This means
that anyone of us may be required to pay all at the amounts owed under ttli$ Note.
9. WAIVERS
I and any other person who t1as obtigalions under this Note waive ttle rights of Presentment and Notice of Dishonor.
~Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor-
means the right to require the NoCe Hok1er to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a unifOfm instrument with limited variations in some jurisdictions, In addition to the protections given
to the Note Hotder under this Note. a Mortgage, Deed of Trust. or Security Deed (the -Security lnstrument~~, dated the
$8m8 date as 1h\s Note, protects Ihe Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Jnstrumentdescribes how and under what conditions I maybe required to make
immediate payment in tun of aU amounts (owe uru1eJ this Note. Some of \hose conditions are described as 1oIlows:
If all or any part of the Property or any Interest in the Property is saki or tram;ferred (or if Borrower is not a
natural person and a beneficial interest in Borrower-is $Okj or transferred) without Lencler's priOr written consent,
Len.d<< may require immediate payment in fuR of an sums secured by lhis Security Instrument However, Ihis
option shaft not be exercised bV Lender;r such exercise is prohibited bY' Applicable law.
If Lender el(erci$es this oplion, Lender shall give Borrower notice oc a~fation. The no1ice "hall provide
a period of not less than 30 days from the date the notice is given in accordance with Sectton 15 within which
Borrower must pay ail sums secured by this Security lnStrument. If Borrower fails to pay these sum$ prior to the
expiration of this period. Lendef may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WlnlESS THE HANO(S) AND SEAL{Sl Of THE UNDERSIGNED,
~ A ~~ (Seal)
~E. C SBlLE!
(SIgn Orfqlnot OnIYI
MUlTfSfATE AXED RATE NOfE.Single Fnljly-F.nn" MlI~t"d" MK UNIFORM INSTRUMENT
Cll999-2004 Onlin. Documents, Inc. Page 2 of 2
fOfm 3200 1101
FJ200NCH 0'01
08-11-2Q04 14.40
r
I
loan No. .6S')O}8"
Instructions ID Closit1g Ageot; P1eas.complete!h. AKA Slalemenl and Ac:knowtedgemenl aI Barrower Identity portion
of tis form. obtain borrower's signature and notarize where indicated.
Signature Affidavit
I. STEPHa C SHILEY
certify that this is my tJ\te. and correct signat\lre.
~~
PIII!II C SHILEY
c~
/'
D
AKA Statement
I, STBPHER C SHILEI'
certify that I am also known as:
Please s;gn on the lines belOW' using each of ttte AKA names li$ied abOVe.
x
x
x
~lion Presented:
~ 'ver'$ Ucense
Slate 10
[ = I Passport
C.:J Other Government Issued 10 Card
wilh Photo or Sample Signature
Type:
Ac:knowledgemenlor BolTower Identity i
Issuing Government Agency "..
"""/)6/
10# ,Jo)N el,;;l
Expiralion Date .,)/(}" 0 7
STATE OF PE..SILVABU.
COUNTY OF CUMBEIUJUfD
On AUGUST. 20
.20.!t- . before me personally appeared S~PHU C SHILBf
who presented the satis1actory evidence of identification as listed above. and proved to be the person whose name
is subscribed to the within instrument and acknowledged to that he/she executed the same in his/her authorized
capacity, and that by his/her sigoalucG<K\ theinstrumentlheperson Of entity upon betlalf ofwhich the person acted.
executed !heinslrumen!. ~ _
WITNESS my hand and official seat _ ~ --- Notary Public
My Commission Expires /O!a7/!J 7
COIM:lNWEAlIl< Of t'BlNSYl_
NOTNllAl8EAI.
llOlI(lW C. RAUCHUT, -,_
....,..lIam, ~ eo...,
....__~0lIt1:7.81117
OnOO. Oowment$.lrn:
14S71OC 0009
08-17-2004 14140
. '.. .
. .'
.
EXHIBIT B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
. STATE OF Aorida
COUNTY OF OUWI
)
ss.
)
Michele deCraen , being duly sworn according to law, deposes and says:
Officer
1. I am employed in the capacity of Loan Administration at ABN AMRO
Mortgage Group, 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 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 $68,344.74
Interest $1,841.72
February 1, 2005 through July 14, 2005
(Per Diem $11.23)
Attorney's Fees $1,225.00
Cumulative Late Charges $99.00
August 20, 2004 to July 14, 2005
Cost of Suit and Title Search $550.00
Subtotal $72,060.46
Escrow Credit $0.00
Escrow Deficit $0.00
TOTAL $72,060.46
7. Mortgagor has failed to Ieinstate 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 inteIests.
~-\ ~ ('~L rLCAlLDAr-
Name:Mlchele deCraen
Title: Loan Administration Officer
ABN AMRO Mortgage Group, Inc.
SWORN TO AND SUBSCRIBED
BEFOREME HIS~DAY
OF ,2005.
.____M..-~---
File Name and Number; Steohen C. Shilev. Account No. 0645907889
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
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. OS- -3101~ Cl~l~~~
CUMBERLAND COUNTY {
v.
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMPHILL,PA 17011
(")
~;
,,:
,...>
r~
c.~
c..n
CIVIL ACTION - LAW , - ".
COMPLAINT IN MORTGAGE FORECL~ c:" '-f!
NOTICE P~s~e~"3.. co
You have been sued in court. If you wish to defend against the claims sel f~rt<<~e foll~'Wing
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 Ihat if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court withoul further notice for
any money claimed in the complaint or for any olher claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE TIUS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER. GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITII 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.
'~"'"
"'1 rnnNt:YFlE: ~'f
l'rEir '?iN .
cJ
o
-n
~1:TJ
-"F.
j';c,::l
('1~~
.-::..{
-,,",,"
~'~
,-
c::
f---
Defendanl
Ui
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Slreet
Carlisle, PA ]7013
(800)990-9108
,;,..
rrr
"
)
rrir'i"-
1;:f{ i
File #: J 19508
file#: JI9508
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 A ITORNEY 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 ESTATE.
I. Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
2. The name( s) and last known address( es) of Ihe Defendant( s) are:
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMPHILL,PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 08/20/2004 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: 3788.
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 03/01/2005 and each month Ihereafter 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 inlerest due thereon are collectible
forthwith.
File #: 119508
6. The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2005 Ihrough 07/14/2005
(Per Diem $11.23)
Attorney's Fees
Cumulative Late Charges
08/20/2004 to 07/14/2005
Cost of Suit and Title Search
Subtotal
$68,344.74
1,841.72
1,225.00
99.00
$ 550.00
$ 72,060.46
Escrow
Credit
Deficit
Subtotal
0.00
0.00
$ 0.00
TOTAL
$ 72,060.46
7. The attorney's fees set forth above are in conformity wilh the mortgage docurnenls and
Petlllsylvania law, and will be collected in the event of a lhird party purchaser at Sheriff's Sale. If
the Mortgage is reinstated prior to the Sale, Ieasonable 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 10 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 Defendanl(s) on the
date(s) sel forth thereon, and the temporary stay as provided by said notice has lenninated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credil
counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amounl 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 $
72,060.46, together wilh interest from 07/14/2005 al the rate of$II.23 per diem 10 the date of Judgmenl,
and other costs and charges collectible under the mortgage and for the foreclosure and sale of the
mortgaged property.
LlN~sCj~
By: /sIFraneis S. Hallinan
LA RENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
file #: 11950&
~()
)
J5B f?>
\ lAx Q/
1~1kI~';1r'- ;'
~JL:L"C
, '
ROBERT P. ZIEGLER'
RECORDER OF DEEDS
CUMBERL^NDCOUNTY-P~
RECORD AND RETIJRN TO:
Appalachian S,,:tIament Agency, llC
1229 East Chocolate Avenue
Hershey, PA 17033
200~ ~UG 27 Prl 2 26
when recorded mail tOI
ABR AMRO MORTGAGE GROUP, IRe.
P.O. BOX 5064
TROY, MICHIGAlI 48084
ATTHlFIHAL/TRAILIHG DOCU!lERTS
LOAII
[Space Above ThIs Line For R~din9 Data)
MORTGAGE
DEFINmONS
Words used in multiple sections of this document are defined below and o!her words are defined in
Sections 3,11,13,18,20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document, which is daled AUGUST 20, 2004,
together with all Riders to !his document.
(B) "Borrower" is STEPHEB C SHILBY,
Borrower is the mor1gagor under this Security Instrument.
(C) "lender" is ASH AMRO MORTGAGE GROUP, IRe.
PENNSYLVANIA-Single Family-Fann19 Mae/Freddle Mac UNIFORM INSTRUMENT
(tl1999--2004 Onnne Documents. Inc. Page 1 of 16
InitialS;~
Form30391/7~
PAUDEED PAUDEOL 0404
08-11-2004 14.40
BK I 8 7 8 PG 3 7 8 8
.'
~,;~li~,-<tft
I ; '. ;~ -,
lender is a eORPORATIOR
laws of DELAWARE.
2600 W. BIG BEAVER RD., TROY, MICHIGAII 48084.
LOAB t. 645901889
organized and existing under !he
lender's address is
lender is !he mor1gagee under this Security Instrument.
(0) "Note" means the promissory note signed by Borrower and dated AUGUST 20, 2004.
The Note stales that Borrower owes lender """SIXTY RUlE THOUSADD ORE RURDRED ADD
110/100.************************.************"'. Dollars (U.S. $69,100.00)
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not later than SEPTEMBER 1, 2024.
(E) "Property" means the property that is described below under !he heading "Transfer of Rights in !he
Property. .
(F) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
DAdjustable Rate Rider DCondominium Rider
o Balloon Rider 0 Planned Unil Development Rider
[i] 1-4 Family Rider 0 Biweekly Payment Rider
DV.A. Rider
o Second Home Rider
DOlher(s) [specify]
(H) "Applicable law" means all controlling applicable lederal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non.appealable judicial opinions.
(I) ''Community Association Dues, Fees, and Assessments" means all dues, fees, assessments
and o!her charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Bectronlc Funds Transler" meansanytransferoffunds, o!herthan a transaction originated by check,
draft, or similar paper instrument, which is initialed !hrough an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial instilution to debit or credft an
account. Such term includes, but is not limited to, point-of-sa\e transfers, automated teRer machine
trarrsactions, trarrsfers initialed by telephone, wire transfers, and automated clearinghouse transfers.
(I<) "Escrow Items. means those items that are described In Section 3.
(l) "Miscellaneous Proceeds. means any compensation, selllement, award of damages, or pro-
ceeds paid by any !hird party (other than insurance proceeds paid under the coverages described in
Section 5) for: (i) damage to, or destruction of, the Property; (u) condemnation or other taking 01 all or
any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or
omissions as to, !he value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or delauK
on, the loan.
(N) "Periodic Paymenf' means !he regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
InitialSl~
PENNSYLVANlA......singlB Family--Fannie MaeIFreddie Mac UNIFORM INSTRUMENT form 30391/rn -
@ 1999-2004 Onfine Documents, Inc. Page 2 of 16 PAUOEDl 0404
08-17-2004 14140
BK 1878PG3789
"
--'"",;',
'";Ai>1!H!'1(' ,!l
J~_..:; or-;
LOAD .: 645907889
(0) "RESPA" means the Real Estate Selllement Procedures Act (12 U.S.C. ~2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers to all requirements and restrictions !hat are imposed
in regard to a "federally related mortgage loan" even ~ the loan does not qualify as a "federally related
mortgage loan" under RESPA.
(P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) !he repayment of the Loan, and all renewals, extensions and
modifications of !he Note; and ~~ !he pertormance of Borrower's covenants and agreements under this
Security Instrument and !he Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COURTY
{Type of Recording Jurisdiction] of CUMBERLABD {Name of Recording Jurisdiction}:
SEE LBGAL DESeRIPTIOR ATTACHED HERETO AIID MADE A PART HEREOF.
which currently has the address of 430 RENO AVE, HIl1f CUMBERLAlID,
[Street) [Cily)
Pennsylvania 17070 ("Property Address"):
(Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfuUy seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered. except
for encumbrances of record. Borrower warrants and will defend generally the tiUe to the Property against
all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines un~orrn covenants for national use and non-un~orrn
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property. JLfifzb
Initials:
PENNSYLVANlA-Single Family-Fannie MaeIFreddlo Mac UNIFORM INSTRUMENT Form 30391/01
01999.2004 Online Documents, Inc. Page 3 of 16 PAUDEDl 0404
08-17-2004 14.40
BK I 8 7 8 PG 3 7 9 0
,"CY..:"'~J)~~j!':3~ t1 !:"'v-
!~'''''i'''''
I~~J!'>~- -
LOAD t. 645907889
UNIFORM COVENANTS. Borrower and lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow
Items pursuant to Section 3. Payments due under !he Note and this Security Instrument shall be made
in U.S. currency. However, if any check or other instrument received by lender as payment under the
Note or this Security Instrument is returned to lender unpaid, lender may require that any or aU
subsequent payments due under the Note and !his Security Instrument be made in one or more of !he
following forms, as selected by lender: (a) cash; (bl money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drewn upon an instiMion whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by lender when received at the location designated in the Note or
at such other location as may be designated by lender in accordance wi!h the notice provisions in
Section 15. lender may return any payment or partial payment if !he payment or partial payments are
insufficient to bring the loan current. lender may accept any payment or partial payment insufficient
to bring the loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but lender is not obligated to apply such payments at the
lime such payments are accepted. If each Periodic Payment is apptied as of ~s scheduled due date,
then lender need not pay interest on unapplied funds. lender may hold such unapplied funds until
Borrower makes payment to bring the loan current. If Borrower does not do so within a reasonable
period of time, lender shall either apply such funds or return !hem to Borrower. If not apprled earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in !he future against lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Appllcallon of Payments or Proceods. Except as o!herwise descnbed in !his Section 2, aU
payments accepted and applied by lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under !he Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any o!her amounts due under this Security Instrument,
and then to reduce the principal balance of !he Note.
If lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to !he delinquent payment
and the late charge. If more than one Periodic Payment is outstanding, lender may apply any payment
received from Bonower to the repayment of the Periodic Payments if, and to !he exlent!hal. each payment
can be paid in fuD. To the extent that any excess exists alter the payment is applied to the full payment
of one or more Periodic Payments, such excess may be applied 10 any late charges due. Voluntary
prepayments shall be apprled first to any prepayment charges and !hen as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone !he due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow lIems. Borrower shall pay to lender on the day Periodic Payments are due
under !he Note, until !he Nole 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 secu~' trumen
Initials:
PENNSYlVANtA-Single family-Fannie MaeJfreddie Mac UNIFORM INSTRUMENT Form 30391101
t9 1999-2004 Online Documents. Ine. Page 4 of 16 PAUOEDL 0404
08-17-2004 14.40
BK 1878PG3791
;'^'_......
~~-Hj&Jrf'
'1""'" " <" <,/", ,'.' ,'J
* l!~-" ~ jI'-_~ I!"'W'-;);, - .
LOAR " 645907889
as a lien or encumbrance on the Ptoperty; (b) leasehold payments or ground rents on the Ptoperty, if
any; (c) premiums for any and aU insurance required by Lender under Section 5; and (d) Mor1gage
Insurance premiums, if any, or any sums payable by Borrower to lender in lieu of !he payment of
Mor1gage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the loan, Lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to lender all
notices of amounts to be paid under this Section. Borrower shaH pay Lender the Funds for Escrow Items
unless Lender waives Borrower's obligation to pay the Funds tor any or all Escrow Items. lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, !he amounts due for any Escrow Items forwhich payment of Funds has been waived by lender
and, if lender requires, shan furnish to lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. II Borrower is obligated to pay Escrow
Items directly, pursuant to awaiver, and Borrowerfails to pay the amount due for an Escrow Item, lender
may exercise its rights under Section 9 and pay such amount and Borrower shall !hen be obligated
under Section 9 to repay to Lender any such amount. Lender mayrevoke the waiver as toanyor an Escrow
Items atany time by a notice given in accordancewi!h Section f Sand, upon such revocation, Borrowershall
pay to lender an Funds, and in such amounts, lhat are then required under !his Section 3.
lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit lender to apply
the Funds atthe time specified under RESPA, and (b) nollo exceed the maximum amount a lender can
require under RESPA. lender shall estimate the amount of Funds due on !he basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including lender, if lender is an inslilulion whose deposits are so insured) or
in any Federal Home Loan Bank. lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. lender shall not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower
interest on !he Funds and Applicable law permits Lender to make such a charge. Unless an agreement
is made in writing or Applicable law requires interest to be paid on !he Funds, lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing, however, that interesfshall be paid on the Funds. lender shall give to Borrower, without charge,
"an annual accounting of !he Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, lender shall account to
Borrower for !he excess funds in accordance with RESPA. II there is a shortage of Funds held in escrow,
as defined under RESPA. lender shaH notify Borrower as required by RESPA, and Borrower shaH pay to
lender !he amount necessary 10 make up the shortage in accordance with RESPA, but in no more than 12
mon!hly payments. IIthere is a deficiency of Funds held in escrow, as defined under RESPA, lendershall
notify Borrower as required by RESPA, and Borrower shan pay to lender the amount necessary to make
up !he deficiency in accordance with RESPA, but in no more !han 12 monthly paYme~ts.
Initialsl
PENNSYlVANlA-Single Family--t=annle MaeIFreddie Mac UNIFORM INSTRUMENT Form 30391/01
@ 1999.2004 On6ne Documents. Inc. Page 5 of 16 PAUDEDL 0404
08-17-2004 14:40
BK I 8 7 8 PG 3 7 9 2
EXHIBJ"!r II
LOAD ., 645907889
Upon payment in full 01 all sums secured by !his Security Instrument, lender shall promptly refund
to Borrower any Funds held by lender.
4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines. and impositions
attributable to the Property which can attain priority over !his Security Instrument, leasehold payments
or ground rents on the Property, ~ any, and Community Association Dues, Fees, and Assessments, ~
any. To the extent that these items are Escrow Items, Borrower shall pay !hem in the manner provided
in Section 3.
Borrower shall prompUy discharge any ~en which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good laith by, or defends against enforcement of the fJen in, legal proceedings which in lender's
opinion operate to prevent the enforcement of !he lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of !he Den an agreement
satisfactory to lender subordinating the lien to this Security Instrument. If lender determines that any
part of the Property is subject to a lien which can attain priority over this Security Instrument, lender may
give Borrower a notice identifying the lien. Within 10 days 01 the date on which that notice is given,
Borrower shall satisfy the lien or take one or more 01 the actions set forth above in this Section 4.
lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by lender in connection wi!h this Loan.
5. Property Insurance. Borrower shall keep !he improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within !he term "extended coverage, . and
any other hazards including, but not limited to, earthquakes and floods, for which lender requires
insurance. This insurance shall be maintained in the amounts Oncluding deductible levels) and for the
periods that lender requires. What lender requires pursuant to !he preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. lender may require Borrower 10 pay, in connection with this loan, ei!her: (a) a one.time
charge for flood zone determination, certification and tracking services; or (b) a one-time charge for
flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with !he review of any f/ood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above, lender may obtain insurance
coverage, at Lender's option and Borrower's expense. lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in !he Property, or !he contents of !he Property, against any risk,
hazard or liability and might provide greater or lesser coverage !han was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significanlly exceed the cost
of insurance !hat Borrower could have obtained. Any amounts disbursed by lender under this Section
5 shalf become additional debt of Borrower secured by !his Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, wi!h such interest,
upon notice !rom lender to Borrower requesting payment. ~
Init.ials: ~
PENNSYLVANIA-Single Family-FannJe MaelFroddle Mae UNIFORM INSTRUMENT Form 3039 1
01999-2004 Online Documents, Inc. Page 6 of 16 PAUQEOl 0404
08-17-2004 14.40
BK 1878PG3793
EXHiBIT A
LOAD " 645907889
All insurance policies required by lender and renewals of such policies shaH be subject to lender's
right to disapprove such policies, shall include a standard mor1gage clause, and shall name lender as
mortgagee and/or as an additional loss payee. lender shall have the right to hold !he poflCies and
renewal certificates. If lender requires, Borrower shall promptly give to lender all receipts of paid
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by lender, for damage to, or destruction of, !he Property, such policy shall include a standard
mortgage clause and shall name lender as mor1gagee and/or as an additional loss payee.
In !he event ofloss, Borrower shall give prompt notice to the insurance carrier and lender. lender may
make proof of loss II not made promptly by Borrower. Unless lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by lender, shaD be
applied to restoralion or repair of the Property, II !he restoration or repair is economically feasible and
lender's security is not lessened. During such repair and restoration period, lender shall have the right to
hold such insurance proceeds until lender has had an opportunity to inspect such Property to ensure !he
wall< has been completed to lender's satisfaction, provided !hat such inspection shaD be undertaken
promptly. lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the woll< is completed. Unless an agreement is made in writing or AppflCable law
requires interest to be paid on such insurance proceeds, lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or oIherthird parties, retained by Borrower
shan not be paid out of the insurance proceeds and shaH be !he sole obligation of Borrower. If!he restoration
or repair is not economicaflyfeasible or Lender's security would be lessened, the Insurance proceeds shell
be apprledto !he sums secured by !his Security Instrument, whe!her ornot !hen due, with !he excess,lIany,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and sellJe any ava~able insurance
claim and related mailers. If Borrower does not respond within 30 days to a notice from lender !hat the
insurance carrier has offered to sett1e a claim, then lender may negotiate and sellle the claim. The 30-
day period will begin when !he notice Is given. In either event, or if lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed !he amounts unpaid under the Note or !his Security Instrument,
and (b) any o!her of Borrower's nghts (o!her !han the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable
to the coverage of the Property. lender may use the insurance proceeds either to repair or restore !he
Property or to pay amounts unpaid underthe Note or this Security Instrument, whe!her or notlhen due.
6. Occupancy. Borrower shall occupy, estabUsh, and use the Property as Borrower's principal
residence wi!hin 60 days after the execution of !his Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. PresetVaIIon, Maintenance and Protection of the Property; Inspections. Borrower shaD not
destroy, damage or impair !he Property, allow the Property to deteriorate or commit waste on !he Property.
Whether or not Borrower is residing in !he Property, Borrower shan maintain the Property in order to prevent
the Propertyfrom deteriorating or decreasing in value due to its condition. Unless it is determined pursuant
to Section 5!hatrepairor restoration is noteconomicallyfeasible, Borrowershall promplly repair !he Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proc~' .
Initials:
PENNSYLVANIA-Single Family-Fannle Mae/Freddie Mac UNifORM JNSTRUMENT Form 30391/01
@ ,_.2004 Onlin. Documents. Inc. Page 7 of 16 PAUDEDl 0404
08-17-2004 14:40
BK 1678PG3794
L \;i:';~~uK~"'? .
~jo,In'r:,1ff ,it!
LOAD I. 645901889
connection with damage 10, or !he taking of, the Property, Borrower shall be responsible for repairing or
restoring !he Property only ~ lender has released proceeds for such purposes. lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the worl<
is completed. if the insurance or condemnation proceeds are notsulficientlo repair or restore !he Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
lender or its agent may make reasonable entries upon and inspections of the Property. if it has
reasonable cause, lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's loan Application. Borrower shall be in defauit 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 materiaDy false, misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are notUmited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of lender'" Interest In the Property and Rights Under this Security Instrument
if (a) Borrower fails to perform the covenants and agreements contained in this Security Inslrument, (b)
there is a legal proceeding that might significantly affect lender's interest in the Property and/or rights
under !his Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
forfeiture, for enforcement of a Uen which may attain priority over this Security Instrument or to enforce
laws or regulations), or (c) Borrower has abandoned the Property, then lender may do and pay for
whatever is reasonable or appropriate to protect lender's interest in !he Property and rights under this
Security Instrument, including protecting and/or assessing the value of !he Property, and securing and!
or repairing the Property. lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over !his Security Instrument; (b) appearing in court; and (c) paying
reasonable atlomeys' fees to protect its interest in the Property and/or rights under this Security
Inslrument, including its secured position in a bankruptcy proceeding. Securing !he Property includes,
but is not limited to, entecing!he Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or o!her code violations or dangerous conditions,
and have utilities turned on or off. Aithough lender may take action under !his Section 9, lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that lender incurs no
liability for not taking any or all actions authorized under !his Section 9.
Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at !he Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from lender to Borrower
requesting payment
if this Security Instrument is on a leasehold, Borrower shell comply wi!h all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or
amend !he ground lease. if Borrower acquires fee title to the Property, the leasehold and the fee title
shall not 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 to maintain the Mortgage Insurance in effecl. if, for any
reason, the Mortgage Insurance coverage required by l.ender ceases to be available fro~e
Initials
PENNSYLVANIA-SIngle FamiJy-Fannie MaeIFreddl. Mac UNIFORM INSTRUMENT Fonn 3039110
@ 1999-2004- Online Documents. Inc. Page 8 of 16 PAUDEDL 0404
08-11-2004 14.40
:.,KM~13rr J\
LOAD ., 645907889
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mor1gage Insurance, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at
a cost substantially equivalent 10 the cost to Borrower of the Mor1gage Insurance previously in effect,
from an alternate mortgage insurer selected by lender. If substantially equivalent Mor1gage Insurance
coverage is not ava~able, Borrower shall continue 10 pay to lender the amount of the separately
designated payments that were due when !he insurance coverage ceased to be in effect. lender will
accept, use and retain !hese payments as a non.refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non.refundable, notwithstanding the fact that !he loan is ultimately paid in
full, and lender shall not be required to pay Borrower any interest or earnings on such loss reserve.
lender can no longer require loss reserve payments n Mor1gage Insurancecovecage (in the amount and
forthe period thatlenderrequires) provided by an insurer selected by lender again becomes available,
is obtained, and lender requires separately designated payments toward !he premiums for Mor1gage
Insurance. If lender required Mortgage Insurance as a condition of making the loan and Borrower was
required to make separately designated payments toward the premiums for Mor1gage Insurance,
Borrower shall pay the premiums required 10 maintain Mortgage Insurance in effect, or to provide a non.
refundable loss reserve, until lender's requirement for Mor1gage Insurance ends in accordance with
anywrillen agreement between Borrower and lender providing lor such termination or until termination
is required by Applicable law. Nothing in this Section to affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses lender (or any entity that purchases the Note) for certain losses it may
incur n Borrower does not repay the loan as agreed. Borrower is not a party to !he Mortgage Insurance.
Mor1gage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties !hat share or modify their risk, or reduce losses. These
agreements are on terms and conditions !hat are satisfactory to !he mortgage insurer and the other party
(or parties) 10 these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds thai the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a result 01 these agreements, lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate 01 any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,
in exchange lor 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 lor a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements wUl not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of !he loan. Such agreements will nollncrease the amount
Borrower will owe lor Mortgage Insurance, and they will not enUlle BorTOwerto any refund.
(b) Any such agreements will not affect the rights Borrower has - II any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may Include the rtght to receive certain disclosures, to request and obtain cancellation 01 the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive
a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation
or termination. ~
Initials
PENNSYLVANIA-Single Ffl:mily-Fannte MaolFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01
@ 1999.2004 Online Documents. Inc. Page 9 of 16 PAUOEDL 0404
08-17-2004 14140
BK I 878PG3796
EXHIBiT A
LOAD .. 645907889
11. Assignment of MlscoJlaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, n the restoration or repair is economically feasible and lender's security is nollessened.
During such repair and resloralion period, lender shall have the right to hold such Miscellaneous
Proceeds until lender has had an oppor1unity to inspect such Property to ensure the work has been
compleled to lender's satisfaction, provided that such inspection shall be undertaken promptly. lender
may pay for the repairs and restoration in a single disbursement or in a series 01 progress payments
as !he work is completed. Unless an agreement is made in writing or Applicable law requires interest
to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest
or earnings on such MisceHaneous Proceeds. If the restoration or repair is not economically feasible or
lender's security would be lessened, the Miscellaneous Proceeds shall be applied 10 the sums secured
by this Security Instrumen!, whether or nol then due, with the excess, if any, paid to Borrower. Such
Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In !he event ofa total taldng, deslruclion, or loss in value olllle Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In !he event 01 a partial taking, destruction, or loss in value of the Property in which the lair market
value of !he Property immediately belore the partial taking, deslruclion, or loss in value is equal to or
greater !han the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the foUowing fraction: (a/the total amount of the sums secured immediately before !he
partial taking, destruction, or loss in value divided by (b/the fair market value ofthe Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In !he event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and lender otherwise agree in writing, !he Miscellaneous Proceeds shall be applied to the
sums secured by !his Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by lender 10 Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to lenderwilhin 30 days after the date the notice is given, lender is authorized 10 conect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
!hat owes Borrower Miscenaneous Proceeds or the party against whom Borrower has a right 01 action
in regard to Miscellaneous Proceeds.
Borrower shall be in default n any action or proceeding, whether civil or criminal, is begun that, in
lender's judgment, could result in forfeiture of the Property or other material impairment of lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,
n acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
to be dismissed wi!h a ruling that, in lender's judgment, precludes forfeiture of !he Property or other
material impairment of lender's interest in the Property or rights under this Security ~e
Initials
PENNSYLVANIA-Single FamiJy-Fannie Ma_/Freddio Mac UNIFORM INSTRUMENT Form 30391/0
C 1999-2004 Online Documents, Inc. Page 10 of 16 PAUDEDL 0404
08-17-2004 14.40
BK 1878PG3797
'" #
LOAB II 645907889
proceeds of any award or claim for damages that are attributable to the impairment of lender's interest
in !he Property are hereby assigned and shall be paid to lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
lender to Borrower or any Successor in Interest of Borrower shall not operate to release !he liability of
Borrower or any Successors in Interest of Borrower. lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
o!herwise modify amortization of !he sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender
in exercising any right or remedy including, withoutlimilation, lender's acceptance of payments from
third persons, entities or Successors in Interest of Borrower or in amounts less than !he amountlhen
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Uablllty; Co-sIgners; Successors and Assigns Bound. Borrower cov.
enants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a .co.signer,: (a) is co-
signing !his Security Instrument only to mor1gage, grant and convey the co-signer's interest in !he
Property under !he terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any o!her Borrower can agree to
extend, modify, forbear or make any accommodations with regard to !he terms of this Security
Instrument or the Note wnhout!he co.signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in wrning, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under !his Security Instrument unless lender agrees to such release
in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of lender.
14, loan Charges. lender may charge Borrower fees for services performed in connection with
Borrower's default, forlhe purpose of protecting lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys'fees, property inspection and valuation fees.
In regard to any o!her fees, the absence of express au!hority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on !he charging of such fee. lender may
not charge fees that are expressly prohibited by this Security Instrument or by Applicable law.
"the Loan is subject to a law which sets maximum loan charges, and !hat law is finally interpreted so
!hat the interest or olher loan charges collected or to be collected in connection with !he loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by !he amount necessary to reduce !he
charge to the permitted limn; and (b) any sums already collected from Borrowerwhich exceeded permitted
limits win be refunded to Borrower. lender may choose to make !his refund by reducing !he principal owed
under the NoIe or by making a direct payment to Borrower. "a refund reduces principal, !he reduction win
be treated as a parliaf prepayment without any prepayment charge (whe!her or not a prepayment charge
is provided for under the Note). Borrower's acceptance of any such refund made by direcl payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out ofS~Ch. .
Initials
PENNSYLVANIA-Single Family-Fannie Maelfreddie Mac UNIFORM INSmUMENT Form 30391/01
cD 1999-2004 Online Documents. Inc. Page 11 of 16 PAUDEOL 0404
08-17-2004 14.40
BK I 8 7 8 PG 3 7 9 8
?v
LOAR .. 645907889
15. Notices. All notices given by Borrower or lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers
unless Applicable law expressly requires o!hecwise. The notice address shall be the Property Address
unless Borrower has designated a substilule notice address by notice to lender. Borrower shall promptly
notify lender of Borrower's change of address. If lender specifies a procedure for reporting Borrower's
change of address, then Borrower shaD only report a change of address through that specified procedure.
There may beonlyone designated notice address under this Security InstnJmentatanyone lime. Any notice
to lender shal be given by delivering ~ or by mailing ~ by first class mail to lender's address stated herein
unless lender has designated another address by notice 10 Borrower. Any notice in connection with this
Security Instrument shal not be deemed to have been given to lender until actualy 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 InstnJmenl.
16. Governing laW; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of !he jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable law. Applicable law might explicitly or implicitly allow the parties 10 agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract.
In the event !hat any provision or clause of this Security Instrument or the Note conflicts with Applicable
law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of !he masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may' gives sole discretion wi!hout any obligation
to take any action.
17. Borrower's Copy. Borrower shall be given one copy of !he Note and ofthis Securilylnstrument.
18. Transfer of the Property or a Beneficlallnterastln Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract
or escrow agreement, !he intent of which is the transfer oftille by Borrower at a Mure date to a purchaser.
If aft or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without lender's prior wrillen
consent, lender may require Immediate payment in full of all sums secured by !his Security Instrument
However, this oplion shall not be exercised by lender if such exercise is prohibited by Appncable law.
If lender exercises this option, lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less !han 30 days from !he date !he notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument If Borrowerfails to pay
these sums prior to the expiration of this period, lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right 10 Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale oflhe Property pursuant to any power o~~
Initialsl
PENNSYLVANIA-Single Famity-Fann50 MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1/01
@ 1999-2004 OnflOe Documents. Inc. Page 12 0' 16 PAUD Ol 0404
08-17-2004 14140
"f
LOAD I. 645901889
in Ihis Security Instrument; (b) such other period as Applicable law might specify for the termination
of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are !hat Borrower: (a> pays lender an sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any defaull of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred
for !he purpose of protecting lender's interest in the Property and rights under !his Security Instrument;
and (d) takes such action as lender may reasonably require to assure that lender's interest in the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured
by !his Security Instrument, shall continue unchanged. lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the foUowing forms, as selected by lender: (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, !his Security Instrument
and obligations secured hereby shall remain fully effective as ifno acceleration had occurred. However,
this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of loan Servlcor; Nollce of Grievance. The Note or a partial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might resuK in a change in !he entity (known as the "loan SelVicer1that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable law. There also might
be one or more changes of the loan Servicer unrelated to a sale of the Note. If there is a change of the
loan Servicer, Borrowerwill be given written notice of the change which will state the name and address
of the new loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
loan is serviced by a loan Servicer other !han the purchaser of !he Note, the mortgage loan servicing
obligations to Borrowerwill remain with the loan Secvicer or be transferred to a successor loan Servicer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument orthat alleges that the other party has breached any provision of, or any duty owed
by reason of, this Security Instrument, until such Borrower or lender has notified the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the o!her party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable law provides a time period which must elapse before certain action can be taken,
that lime period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are !hose
substances defined as toxic or hazardous substances, poUuIants, orwastes by Environmental law and the
following substances: gasoline, kerosene, other 1Iammable or toxic petroleum products. toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioa' a
loitialsl
PENNSYlVANIA-Single Family-F.nnle M..,Ffeddio Mae UNIFORM INSTRUMENT Form 3039 1/01
@ 1999.2004 Online Documents,lnc_ Page 13 of 16
BK 1878PG3800
<I
LOAK t, 645907889
(b) "Environmental law" means federal laws and laws of !he jurisdiction where the Property is located !hat
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental law; and (d) an "Environmental
Condition" means a condition that can cause, conbibule to, orotherwise trigger an Environmental Cleanup.
Borrower shall not cause or perm~ the presence, use, disposal, storage, or release of any Hazardous
Substances, or !hreaten to release any Hazardous Substances, on or in !he Properly. Borrower shan not
do, nor alow anyone else to do, anything affecting !he Properly (a) !hat is in violation of any Environmental
law, (b) which creates an Environmental Condition, or (c) which, due to !he presence, use, or release of
a Hazardous Substance, creates a condition that adversely affects !he value of !he Property. The preceding
two sentences shall not apply to the presence, use, or storage on !he Properly of smaU quantities of
Hazardous Substances !hat are generally recognized to be appropriate to normal residential uses and to
maintenance of !he Property ~ncluding, but not rllT1ited to, hazardous substances in consumer products).
Borrower shall prompUy give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any govemmental or regulatory agency or private party involving the Properly and
any Hazardous Substance or Environmental law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking. discharge, release or !hreat
of release of any Hazardous Substance, and (c) any condition caused by !he presence, use or release
of a Hazardous Substance which adversely affects the value of the Properly. If Borrower learns, or is
notified by any governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shaU promptly
take 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 follows:
22. Acceleration; Remedies. lender shall give notice to Borrower prlorto accelerat/on following
Borrower's breach of any covenant or egreement In this Securtty Inslrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). lender shall notify
Borrower of, among olhorthings: (a) the default; (b) the llCIion required to cure tho default, (c) when
thedefsultmust be cured; and (d) thatfallure to cure the defaullasspeclfled may resuitln acceleraUon
of the sums sacured by this SecurIty Instrument, foreclosure by judicial procoeding and sale of the
Property. Lander shall further Inform Borrower of the rtghtto reinstate after acceleraUon and the right
to assert In the foreclosure proceeding the non-exlstence of a default or any olher defense of
Borrower to acceleration and foreclosu.... If the default is not cured as specified, lender at Its option
may ...qulre Immediate payment In full of all sums secured by thls Securtty Instrumentwllhoutfw1her
domand and may foreclose this Security Instrument by judicial proceeding. londer shall be entitled
to collect ail expenses Incurred In pursuing the ...medles provided In this Sect/on 22, Including, but
notlimiled to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Securtty Instrument, this Security
Instrument and the estate conveyed shall terminate and become void. After such occurrence, lender
shall discharge and satisfy !his Security Instrument. Borrower shall pay any recordation costs. lender
may charge Borrower a fee for releasing this Security Instrument, but only if!he fee is paid to a third party
lor services rendered and the charging of the fee is perrnilled under Applicable law.
24. Waivers. Borrower, to the extent permitted by Applicable law, waives and releases any error
or defecls in proceedings to enforce this Security Instrument, and hereby waives th~be t of
Initials:
PENNSYLVANIA-Singte Famlty-Fann~ Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
(l1999-2004 Online Documents.Jne.. Page 14 of 16 PAUDEDl 0404
08-17-2004 14140
BK , 8 7 8 PG 3 8 0 ,
~-"
!~
LOAR " 645907889
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 10 reinstate provided in Section 19shaU extend Ioone hour
prior 10 !he commencement of bidding at a sheriff's sale or o!her sale pursuant to !his Security Instrument
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrowerto acquire title to the Property, !his Security Instrument shall be a purchase moneymortgage.
27. Interest Rate After Judgment. Borrower agrees !hat the interest rate payable after a judgment
is entered on !he Note or in an action 01 mor1gage foreclosure shall be the rate payable from time to time
under !he Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
. ~~eal)
/PH SHILBY
PENNSYLYANIA-Single Famity-Fannlo MaolFroddte Mae UNIFORM INSTRUMENT Form 3039 1/01
@ 1999-2004 Online Documents.lnc. Page 15 of 16 PAUOEDL 0404
08-17-2004 14,40
BK 1878PG3802
:"-C>;f
L~_'~l~'liL~fil' it
LOAN I. 645901889
CertificateofR~ I /l ///,
I, VOUj(<S L' L...d<
do hereby certify that the correct address of the within.named Mortgagee is 2600 If. BIG
BEAVER RD.. TROY, MICHIGAN 48084
Witness my hand this
.XJ
day of
Agent of Mortgagee
eommonwealt~of PEHRSYLVARIA
County of (iu'-.L.....I....J
On this, the ,;1.0+- day of -.-A~... f ~ before me.~{.. {'.,f?..,d./
, the un ersigned officer, personally appeared
STEPHEN C SRILEY, known ~o me (or sa~isfactorily proven) to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged
that he/she/they executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand ficial sea
COMMONWEAlTH OF PENNSYLVANIA
NOTARIAl SfAI.
DOUGlAS C. RAUCHUT. Nalay Pt.dic
~ 8oR>, l.obenon Coony
My Cclmmlssion EllphG Oct. ZT. 2S1J1
My c~ission expiresa
PENNSYLVANIA-5ingle Family-Fannie MaelFreddie Mac UNifORM INSTRUMENT
@ 1999-2004 Online Documents. Inc. Page 16 of 16
InitialS1~~
Form 3~ 1/01
PAUDEDL 0404
08-17-2004 14140
QK 1878PG3803
~,( "'~,;,lJI"''''" .' ...,
. "'.J, 'l',i -~-tf:
. ALL THAT CERTAIN piece or parcel of land, Hereditaments aod Appurtenances, Situate, lying and
being in tbe Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more
. particularly bonnded and described as follows, to wit:
LEGAL DESCRIPTION
BEGINNING at a point on tbe Westerly side of Reno Street, distant 96 feet South of tbe Southerly side of
Stb Street; thence io a Soutberly direction along tbe said Reno Street, a distance of 27 \1 feet to property
of James A. Green; tbence Westerly by the same, tbrougb the ceoter of partition wall of a double frame
dwelling house, a distance of 75 feet to lioe of Lot No. 31; tbence Nortberly by tbe same, a distauce on7 ~
feet to a point; tbence Easterly a distance of 75 feet to the Westerly side of Reno Street, aforesaid, tbe
point or place of Beginning.
HAVING thereon ereeled a 2-~.tory frame dwelling House No. 430 Reno Street, New Cumberland,
Pennsylvania.
BEING THE SAME PREMISES whicb Sarab L. Brickey, Executrix of the Estate of Marian A.
Koehenour, Deceased, by Deed dated April 27, 2000 and recorded May 3, 2000 In the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, In Record Book 220, page 659, granted
and conveyed unto Stepben C. Shiley.
Parcel No.: 25-24-0811-251
'~b to be recorded
" , .' ~dld County P A
-.,~:~<4""r' ~jr.-
:.\
<
, I
",/ Recorder of Deeds
BK 1878PG380~
\"~f "1:",' 6'r..
".1/"\, '. ,.,
RECORD AND RETURN TO:' '
Appalachian Settlement Agency, LLC
1229 East Chocolate Avenue
Hershey, PA 17033
LOAlI " 645907889
1-4 FAMILY RIDER
(AsSignment of Rents)
THIS 1-4 FAMILY RIDER is made this 20TH day of AUGUST, 2004
and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed Sthe .Security Instrument") of the same date given by
the undersigned (the "Borrower) to secure Borrower's Note to ASR AMRO MORTGAGE
GROUP, IRe., A DELAIfARE eORPORATIOH
(the "Lender.)
of the sarne date and covering the Property described in the Security Instrument and
located at: 430 RERO AVE, REII ellMBERLARD, PA 17070.
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.
In addition to the Property described ;n Security Instrument, the following items now
or hereafter attached to the Property to the extent they are fixtures are added to the
Property description, and shall also constitute the Property covered by the Security
Instrument: building materials, appliances and goods of every nature whatsoever
now or hereafter located in, on, or used, or intended to be used in connection with
the Property, including, but not limited to, those for the purposes of supplying or
distributi~ heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguiShing apparatus, security and access control apparatus, plumbing, bath
tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds,
shades, curtains and curtain rods, attached mirrors, cabinets, paneling and
attached floor coverings, all of which, including replacements and additions thereto,
shall be deemed to be and remain a part of the Property covered by the Security
Instrument. All of the foregoing together with the Property described in the Security
Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are
referred to in this 1-4 Family Rider and the Security Instrument as the .Property:
B. USE OF PROPERTY; COMPUANCE W\TI.! LAW. Borrower shall not seek,
agree to or make a change in the use of the Property or its zoning classification,
unless lender has agreed in writing to the change. Borrower shall comply with all
laws, ordinances, regulations and requirements of any governrnental body applicable
to the Property.
C. SUBOADINATE LIENS. Except as permitted by federal law, Borrower sharf
not a)/owany lien inferior to the Security Instrument to be perfected against the
Property without lender's prior wrillen permission. .. A'
InJ.t1alsl _ ~
MULnSTATE 1-4 FAMILY RIOER-Fannfe Mae/FreddleMac UNIFORM INSl'RUMENT Form 3170 1/01 '-"
Ii) 1999-2002 Online Documents, Inc. Page 1 of 3 F3170RDU F3t7ORLU 0205
08-17-2004 14.40
BK 1878PG3805
F_,.
i<'XH,Gb, rr..
"g"-i!/~
LOAII " 645907889
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent
loss in addition to the other hazards lor which insurance is required by Section 5.
E, "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 isdeJeted.
F. BORROWER'SOCCUPANCY. Unless Lender and Borrowerolherwlseagreein
writing, Section 6 concerning Borrower's occupancy of !he Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower
shall assign to Lender all leases of the Property and all security deposits made in
connection with leases oflhe Property. Upon the assignment, Lender shall have the
right to modify, extend or terminate the existing leases and to execute new leases,
in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to
Lender all the rents and revenues ('Rents") of the Property, regardless of to whom
the Rents of the Property are payable. Borrower authonzes lender or Lender's
agents to collectlhe Rents, and agrees that each tenant of the Property shall pay the
Rents to lender or Lender's agents. However, Borrower shall receive the Rents until
(i) Lender has given Borrower notice of default pursuantlo Section 22 ofthe Security
Instrument and (ii) lender has given notice to the tenant(s) that the Rents are to be
paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute
assignment and not an assignment for additional security only.
If lender gives notice of default to Borrower: (j) all Rents received by Borrower
shall be held by Borrower as trustee for the benefit of Lender only, to be applied to
the sums secured by the Security Instrument; (ii) lender shall be entitled to collect
and receive all 01 the Rents of the Property; (iii) aorrower agrees that each tenant of
the Prop-erty shall pay all Rents due and unpaid to Lender or lender's agents upon
lender s wr'tlendemand to the tenant; (iv) unless applicable law provides otherwise,
all Rents collected by Lender or lender's agents shall be apphed first to the costs
oltaking control of aild managing the Property and COllecting the Rents, including,
but not limited to, attorney's fees, receivers fees, premiums on receiver's bonds,
repair and maintenance costs, insurance premiums, taxes, assessments and other
charges on the Prop-erty, and then to the sums secured by the Security Instrument;
(v) Lender, lender s agents or any judicially appointed receiver shall be liable to
account for only those Rents actually received; and (vi) lender shalt be entitled to
have a receiver appointed to take possession of and" manage the Property and
collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control
01 and managing the Property and of COllecting the Rents any funds expended by
Lender for such purposes shall become indebtedness of Borrower to lender
secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not performed, and will not perform, any act that
would prevent Lender from exercising its rights under this paragraph. ~
Initialsl
MUlTIST ATE 1-4 FAMILY RIDER-f8nnlo Mae/Freddie Mac UNifORM INSTRUMENT form 3170 1rot r'
e 1999-2002 Online Documents, fnc. Page 2 of 3 F3170RLU
08-17-2004 14:40
BK 1878PG3806
. ". ..
LOAH II 645901889
lender, or Lender's agents or a judicially appc>inted receiver, shall not be
required to enter upon, take control of or maintain the Property before or after giving
notice of default to Borrower. However, Lender, or lender's agents or a judicially
appointed receiver, may do so at any time when a default occurs. Any application
of Rents shall not cure or waive any default or invalidate any other right or remedy
of Lender. Thisassignment ofRents of the Property shall terrninatewhen all the sums
secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any
note or agreement in which Lender has an interest shall be a breach under the
Security Instrument and Lender may invoke any of the remedies permitted by the
Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this 1-4 Family Rider.
~~~Seal)
~HEB C rLBY
MUL T'STATE 1-4 FAMilY RlOER--Fannle Mae/freddle Mac UNIFORM INStRUMENT Form 3170 1J01
4:> 1999-20020nlio&Docurnents.lnc. Page 3 of 3 FSt70RlU
08-11-2004 14140
BK 1878PG3807
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel ofland, Hereditaments and Appurtenances, SITUATE, lying and being in the
Borough of New Cumberland, Counly of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the Weslerly side of Reno Slreet, distant 96 feet South of the Southerly side of 5th Street;
thence in a Southerly direction along the said Reno Street, a distance of27 1/2 feet to property of James A. Green; Ihence
Westerly by the same, through the center ofpartilion wall of a double frame dwelling house, a dislance of75 feel to line
of Lot No. 31; thence Northerly by the same, a distance of 27 112 feet to a point; thence Easterly a dislance of75 feet to
Ihe Westerly side of Reno Street, aforesaid, the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
BEING the same premises which Gordon H. Winter and Lillian V. Winter, husband and wife, by Indenture bearing date
the 5th day of April, A.D. 1946 and recorded in Ihe Office for the Recording of Deeds, in and for the County of
Cumberland, aforesaid, in Record Book E-13 page 179 &c., granted and conveyed unto Edward W. Kochenour and
Marian A. Kochenour, husband and wife, in fee.
File #: 119508
VFRIFICATION
Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN
AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this rnatter, that
he/she is authorized to take this Verification, and that the statemenls made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best ofhis/her knowledge, information
and belief. 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.
7/*
DATE:
. /: .. -" :";.'" " ",:" ~.
, .
EXHIBIT D
ABN AMRO Mortgage Group, Ine.
n59 Corldan Drive
Jacksonville, FL 32258-4455
No. 05-3613 Civil Term
Plaintiff
v.
Stephen C. Shiley
308 Deerfield Read
Camp Hill PA I70n
:
Defendant
DEBTORS ANSWER TO A COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW come the Defendant, by his Attorney James M. Bach and, mes within Answer to a
Complaint in Mortgage Foreclosure:
1.-2. Admitted.
3. Denied.
The allegation that a mortgage has been recorded in Cumberland County is denied. This mortgage
was not attached to the complaint as an exhibit. It appears that in order to establish the
truthfulness of Ibis allegation at a minimum, the plaintiff must attach to Ibe complaint the
mortgage under which they advance this complaint.
4. Admitted.
5. Denied.
This item is denied. The mortgage company is suggesting a total failure to make monthly
payments. This is not true. The defendant admits that he may have missed a payment or several
payments, but it is denied that the defendant received notice that he must pay the entire principal
balance and all interest. It is further denied that the mortgage is in defau\t and strict proof of this
allegation is demanded at time of trial.
6. Denied.
Although the complaint contains allegations of a payment and request for interest, attorney fees,
late charges and other items, the complaint does not contain a payment history to indicate what
payments, if any the defendant bas made toward this account. The defendant can not ascertain
whether or not it is accurate as to Ibe allegation contained in Ibis paragraph therefore strict proof
of this allegation is demanded at time of trial hereof.
7. Denied.
It is believed that the attorney fees requested should not be assessed against the defendant. It is
believed that there is no written document which gives permission to the plaintiff to collect these
additional fees, especially since there is no attachment as to what work if any to justify this
amount. Strict proof of this allegation is demanded at time of trial hereof.
8. Denied
The defendant did not receive written notice in advance of this complaint as required by law. It is
suggested that the plaintiff has 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 had not
received actual written notice of an intended mortgage foreclosure.
9. Denied
This is a legal conclusion for which generally a response is not required. To the extent that this
legal conclusion is making a suggestion of a law strict proof of the law is demanded hereof and
stri~t proof is demanded at time of trial.
IO.Denied
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 Court dismiss the Complaint
in Mortgage Foreclosure filed against him.
RESPECTFULLY SUBMITTED
Date: Julv 29. 2005
2
EXHIBIT E
01 :34pm
OHOO~
Sap- ~
~ f"'~' ,~~
~ l ~ Q:l I,,&,.
~ ~o Ll
''''1 ~~ ~
~o -
. ~ C'\JCr ~
<&.Q"~IN~. ~; .
. "
,
~.
Cl
nJ'
.-'1,
rtJ,
;:r
o
o
r-
. MORTGAGE
. AS" AMRO
from-o "
"
'.
':.
..e-6~9.
708-,,0
,1'1 m
!i~~j '"
O~5 r.:f8
;;;:r!l'70lJ3;:!E~
Ii;~o&ei~
;;,WI~jgg~
~~ a~VJ!S
""", 00<h
~F2 <t<t~
000 000
I
5~~
<~
~ ..
':.'
!~'.
", "':.:
"' :' :~ ~ ;~
.. '
"
"
IV
f-66'
P 002100.
T-577
-\0r
<_0
\Sl
,,~j
<--
~ ~0
~~
~~()
~
~
L
I.....
,.p.oz-zoos 01:34pm' From-AeN AMRO MORTGAGE
708-456-8593
'r-S77 P.003/003 F-5SZ
SENDER: COMPLf
f THIS SeCTION
.
ERi' I
I
~
. Complete Items 1. 2, and 3. AI80 oomplete
item 4 If _ed D9II~ i. desired,
. Print your name and e on the reverse
50 that we can return to you.
. AIta<:h this csrd 10 \he oIlhe maifPiec.,
or on I~e front I! sp, - s.
1. MlcleAclO_
3jepl'\UI
43) f?c:
ft.!V t. .
A. Signatum
X
B. -.. 'I>J (Printed Name)
!JiIl"",t
o ,An. Iressee
Ci. Date Qf I tellvery
3. _ Typo
1:1 CortJtIecl Mail q Expows M.II
C RtglstBred Cl Retllrn RBC$l,"1i'or Mt:lTCl.lifKfiso
o InsuroO Mall 0 C.O.D.
4. Raslncteo 0eliv0ty1 (Extt& Fft$) CJ YG'
2. MlcleNumber 7001f 2890 0000 91f/lb 2120
(Transfer rrom SfJIVIC€ . __~
! PS Form 381 1 , February 2004 Domeotlc Return Fle<.ipt
rsh: ley
Ail?-
'vlo.",d
0, '8 delivery addr8s8 different flt>>Tl ifBIT l? 0 Yt-
ltYES. enterdetivl!lry addre$S belOY\o: 0 Nt_
'~5<O,~'54CI:
,-'
I
May 05, 2005
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE*
This is an official notice that the mort2al!:e on your home is in default. and the lender intends to
foreclose. Specific Informadon about the nature of the default is provided in the attached pal!:e5.
The HOMEOWNER'S MORTGAGE ASISTANCE PROGRAM illEMAP) mav be able to
help to save vour home. This Notice explains how the prOl!:ram works.
To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THIS NOTICE. Take this Notice with YOU when you meet with
the Counselinl!: Al!:ency.
The name.. address and telephone number of Consumer Credit Counselinl!: Al!encies servinl!: vour
County are listed at the end of this Notice. If vou have anv auestions. vou mav call the
Pennsvlvania Housinl! Finance Al!:encv toll free at 1-800-342-2397. ( Persons with imnaired
headin!! call (717) 780-1869.
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VlVIENDO ENSU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA
HOUSING FINANCE AGENCY) SIN CARGOS AI.. NllMERO MENCIONADO ARRIBA. PUEDES SER
ELEGmLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM~ ELCUAL PUEDE SAI..V AR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU IDPOTECA.
HOMEOWNER'S NAME(S):
STEPHEN C SHILEY
MAILING ADDRESS:
308 DEERFIELD RD
CAMP HILL P A 17011
LOAN ACCT. NO.: 0645907889
ORIGINAL LENDER: ABN AMRO
CURRENT LENDER/SERVICER: ABN AMRO Mortgage GrGUp
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE EUGlBLE FOR FINANCAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
[F YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (fOE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
I. IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND
YOUR CONTROL,
1. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
3. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
4. ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE 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" face- to-
face" meeting with one of the conswner credit counseling agencies listed at the end of this Notice. THIS MEE11NG
MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIIE PART OF
TIllS NOTICE CALLED" HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the conswner credit coWllieling
agency listed at the end of this notice, the lender may NOT take action against you for (30) days after the date of this
meeting. The names. addresses and teleohone nwnbers of desitrnated cooswner credit counselin2 a.encies for the eountv in
which the orovertv is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise your lender immediate Iv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable
to resolve this problem with the lender, you have the right to apply for fmancial assistance from the HOMEOWNER'S
EMERGENcY MORTGAGE ASSISTANCE PROGRAM. To do so, you must fill ont, sign and file a completed
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM APPLICATION with one oftbe 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 YOURAPPLACATlON PROMPLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW TIlE OTHE TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIEDAGENCY ACTION-Available lands for emergency mortgage assistanee are very limited.
They will be disbnrsed by the Agency llnder the eligibility ...iteria establisbed by the Aet. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your applieation. Dllring that time,
no foredosun proceedings will be pursued against YOll if yon have met the time requirements set fortb above. You
will be notified dlreelly by the Pennsylvania Housing Flnance Agency of its deeision on yonr application.
IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY AND THE DEBT WAS NOT REAFFIRMED,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. ABN AMRO MAY
PURSUE ITS RIGHT AGAINST THE PROPERTY, INCLUDING TIlE RIGHT TO FORECLOSE, IF THE
DELINQUENCY IS NOT CLEARED.
(H you filed for bankruptcy yell ClIIl stiB apply for Emergency Mortgage Assistallee.)
HOW TO CURE YOUR MORTGAGE DEFAL T (Brim! It DD To Date).
NAruM OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at:
430 RENO AVE NEW CUMBERLAND PA 17070 [S SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the followillg
amounts are now past due:
1. Monthly payments from March to May at $650.65
2. MOllthly payments from at
3. Other Charges; Escrow, mspection, NSF Fee
4. Other provisions of mortgage obligations
5. TOTAL AMOUNT PAST
$1,951.95
$64.50
$1.016.45
B. YOU HA VB FAILED TO TAKE TIm FOLLOWING ACllON (Do not use ifnot at>t>licable\:
HOW TO CURE THE DEFAULT You may cure the default wi1hin TIIIRTY (30) DAYS of the date ofthis notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,016AS PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOME DUE DURING THE TIIIRTY (30) DAY
PERIOD. PavmentlllDllst be made eim by cash. casbier's check. certified check or monev order made Dayable and sent
to: ABN AMRO MortEaEe Group 4242 N. Harlem AYe.. NortidEe. [L 60706
You can cure any other default by taking the following action within 1HIRTY (30) DAYS of the date of this
letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within 1HIRTY (30) DAYS of the
date of this notice tbe lender intends to exercise Its r1dts to aece[erate the mort!!a!!e debt.
This means that the entire outstanding balance of this debt will be considered due immediately and you may lose
your chance to pay the mortgage in monthly installments. If full payment of the total amount is not made within
THIRTY (30) DAYS, the lender also intends to illstruct its attorneys to start legal action to foreclose upon your
mortl!al!ed propertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property win 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 1he
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, iflegal proceedings are started against you, you will have to pay
all reasonable attorneys' fees actually incurred by the lender even if the exceed $50.00. Any attorney's fees will
be added to the amount you owe the lender, which may also include other reasonable costs. Ifvou cure the
default wltbln tbe THIRTY (30) DAY ueriod. you will not be reQuired to DaV attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and
all other sums due under the mortgage.
RIGHT TO CURE DEFAULT PRIOR TO SHERIFF'S SALE-Ifyou have not cured the default within the
THIRTY (30) DAYS period and foreclosW"C proceedings have begun, vou still have 1he ril!ht to cure the default
and prevenl the sale at any time U1) to one hour before the Sheriffs Sale. You may do so bv t>ayinl!: the total
amount then past due. plus anv late or other charees 1hen due. reasonable attornev's fees and costs connected
with the foreclosure sale and anvother costs connected with the Sheriffs Sale as snecified in writinl!: bv the
lender and bv performilllz anY other reauirements under the mort!!al!:e. Curing your default in tbe manner set
fortb in this notice will restore your mortgage to tbe same position as if you bad never defaulted.
EARLIEST POSSmLE SBIERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately six (6) 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 wail. You may frod out at any time exactly what
the required payment or action will be by conlacting the lender.
HOW TO CONTACT THE LENDER:
ABN AMRO MORTGAGE GROUP.lNC
4242 N. HARLEM AVENUE
NORRlDGE. IL 60706
1-800-783-8900 OR 1-70&452-1330
FlU Numher: 70&456-85-93
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You _ mayor _ may not (CHECK ONE) sell or transfer your home
to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGIIT:
1. TO SELL 1HE PROPERTY TO OBTAIN MONEY TO PAY OFF TIIE MORTGAGE DEBT OR
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
2. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
3. TO HA VB THE MORTGAGE RESTORED TO 1HE SAME POSmON AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE TIIE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS R1GIIT
TO CURE YOUR DEFAULT MORE TIIAN THREE TIMES IN ANY CALENDER YEAR.)
4. TO ASSERT TIIE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LA wsurr INSTrruTED UNDER THE MORTGAGE DOCUMENTS,
5. TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY
THE LENDER.
6. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY- See
Attached.
Please be advised that ABN AMRO Mortgage Group, Ine. may be a debt toRector; any information
obtained may be used for that purpose.
May 05, 2005
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE *
This is an official notice that the mortl!al!e on vour home is in default. and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pal!es.
The HOMEOWNER'S MORTGAGE ASISTANCE PROGRAM lHEMAP) may be able to
help to save your home. This Notice explains how the prOl!ram works.
To see if HEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THIS NOTICE. Take this Notice with vou when vou meet with
the Counselinl! Al!encv.
The name. address and telephone number of Consumer Credit Counselinl! Al!encies servinl! vour
County are listed at the end of this Notice. If you have any Questions, vou may caD the
Pennsylvania Housinl! Finance Al!encv toll free at 1-800-342-2397. (Persons with impaired
headinl! caU (717) 780-1869.
This Notice contains important legal information, If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help yon fwd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO ENSU CASA. SI NO COMl'RENDE EL CONTENIDO DE ESTA NOTIFlCAClON
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO EST A 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.
HOMEOWNER'S NAME(S):
STEPHEN C SHILEY
PROPERTY ADDRESS:
430 RENO A VB
NEWCUMBERLANDPA 17070
LOAN ACCT. NO.: 0645907889
ORIGINAL LENDER: ABN AMRO
CL"RRENT LE~DERJSERV[CER: AB~' AMRO Mortgage Group
."
'J~
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCAL 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.
1. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
2. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
3. IF YOU MEET OTHER ELIGIBn.1TY REQUIREMENTS
4. ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Ac~ you are entilled to a tempornry stay offoreclosure on
yom mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a" face- to-
face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED" HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSEUNG AGENCIES-lfyou meet with one of the consumer credit counseling
agency listed at the end of this notice, the lender may NOT take action against you for (30) days after the date of this
meeting. The names. addresses and telenhone numheIS of desil!Il8ted consumer credit counselin. a.encies for the counlY in
which the DrOpertv is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Yom mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of yom 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 ou~ sign and file a completed
HOMEOWNER'S EMERGENCY MORTGAGE 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 lhe progtam and they wiUassist you in submitting a complete application to the Pennsylvania Housing
Finance Agency. Yom application MUST be filed or postmarked within thirty (30) days of your face.to-filce meeting.
YOU MUST FILE YOUR APPLACATION PROMPLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHE TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.AGENCY ACTION-Available fUnds for emergency mortgage assistance are very limited.
They wID be disbn...ed by the Agency under the eligibillty eriteria established by the Act. lbe Pennsylvania
Housing Finanee Agency has sixty (60) days to make a dedsion after it receives your applkation. Dnring that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You
will be notified dfrectly by the Pennsylvania Housing Finance Agency of its decision en your application.
IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY AND THE DEBT WAS NOT REAFFIRMED,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST TIlE PROPERTY. ABN AMRO MAY
PURSUE ITS RIGHT AGAINST THE PROPERTY, INCLUDING THE RIGHT TO FORECLOSE, IF THE
DELINQUENCY IS NOT CLEARED.
(If you flied for bankruptcy you can still apply for Emergeocy Mortgage AsslstaD<e.)
HOW TO CURE YOUR MORTGAGE DEFALT (Brin21t UP To Date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at
430 RENO AVE NEW CUMBERLAND P A 17070 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followIDg months and the followIDg
amounts are now past due:
I. Monthly payments from March to May at $650.65
2. MontbIy payments from at
3. Other Charges; Escrow, Inspection, NSF Fee
4. Other provisions of mortgage obligations
5. TOTAL AMOUNT PAST
$1,951.95
$64.50
$2.016.45
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicablel:
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the dale of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,016.45 PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Pavmenls must be made either bv cash. cashier's check. certified check or monev order made oavable and sent
to: ABN AMRO Mort"".e Grouo 4242 N. Harlem Ave.. Norrid.e. IL 60706
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter; (Do not use ifnot applicable.)
IF YOU DO NOT CURE THE DEFAULT If you do nol cure the defauh within THIRTY (30) DAYS of the
date of this notice the lender intends to exercise its ril!hts to accelerate the mortllalfe debt.
This means that the entire outstanding balance of this debt will be considered due innnediately and you may lose
your chance to pay the mortgage in monthly installments. If full payment of the total amount is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys 10 start legal action to foreclose unon vour
mortlfal!ed propertv,
IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to
payoff the mortgage debt. If the lender refers your case 10 its attorneys, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required 10 pay the reasonable attorney's fees that
were actually incurred, up 10 $50.00. However, if legal proceedings are started against you, you will have 10 pay
all reasonable attorneys' fees actually incurred by the lender even if the exceed $50.00. Any attorney's fees will
be added 10 the amount you owe the lender, which may also include other reasonable costs. If vou cure the
default within the TIllRTY (30) DAY period. vou will not be reaulred to pav attornev's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and
aJ] other sums due under the mortgage.
RIGHT TO CURE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the
THIRTY (30) DAYS period and foreclosure proceedings have begun, vou still have the ricl1t to cure the default
and orevent the sale at anv time uo 10 one hour before the Sheriff's Sale. You mav do so bv oavitu! the Iotal
amount then oast due. olus anv late or other charl!CS then due. reasonable attornev's fees and costs connected
with the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writinl! bv the
lender and bv oerfonnin\1 anv other reauirements under the mortl!al!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.
EARLIEST POSSmLE SHIERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approsimately six (6) 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 CONTACT THE LENDER:
ABN AMRO MORTGAGE GROUP,INC
4242 N, HARLEM AVENUE
NORRIDGE, IL 60706
1-800-783-8900 OR 1-708-452-1330
Fu Number: 708-456-8~3
EFFECT OF SHERIFF'S SALE-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 s1arted by the lender at any time.
ASSUMPTION OF MORTGAGE-You _ mayor _ may not (CHECK ONE) sell or transfer your home
to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO IIA VE THE RIGHT:
\. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
BORROW MONEY FROM ANOTHER LENDING INSTmITlON TO PAYOFF THIS DEBT.
2. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
3. 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 TIDS RlGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR)
4. TO ASSERT THE NONEXlSlENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
5. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
6. TO SEEK PROTECfION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY- See
Attached.
Please be advised that ABN AMRO Mortgage Group,lnc, may be a debt coUector; any Information
obtained may be used for that purpose.
,.,,~
EXHIBIT F
^tiN ~M~HU ~/(;
~ax:9U42~~oD64 Aug 29 20D5
CLERICAL OEPT 248-457-5656
8:52 P.08
No. 4111 ~. 2
Aug25 2005 3:11PM
~ ABN-AMRO Mortgage
REQ BY 350
STEPHEN C SHILEr
308 DEERF!ELD till
CAMP HILL
Losn Adllliniatrltion
CUSTOMER ACCOUN'l' ACTIVITY STATEMENT
OATB 08/25/05
PAGE 1
ENCLOSED IS THE MORTGAGE 'l:JMNSACTION HISTORY YOU
PREVIOUSJ.Y REQUESTB.D. IF YOU HAVE ANY QUESTIONS
PA 17011 CONC€RNING THE ACTIVrTY OF YOUR MORTGAGE LOAN,
PL.E:ASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT
AT 1-800/783-8900.
LOAN NUMBER: 06~5907889
........... * 'It.. * *It"* ......f* 't"+*.... ........ '* 1r. *.. .......,.......... 7t1<"'"* ~..... * *-11:"" ill -It..... *** ** ** ~*.......-... ........................ Ii-.-
-----------------....----. CURRENT ACCOUNT INFORMATION ----------------.-------
DATE T TAL PRINCIPAL LOAN CURRENT
PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW
DUE AMOUNT PAYMEN'l' AATE BALANCE BALANCE
03-0l-05 650,65 495.05 6,00000 68,344.74 843.60-
**~~**.*.+..*** *.*~.......~*******++~+*.*.**..*~****~~~w*...+**...+.....***~~~~*~*~*~*
ACTIVITY FOR PERIOn 01/01/04 - 08/24/05
PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE
DATE DATE CODE DESCRIPTION OF TRANSACTION
---------------,---------------------------------------_.-----------------~----
TRANSACTION ,JU:N. PAID/ :2SCROW PA.ID/ ---------h-OT.liER.----..------
}\MOUNT BALANCE INTERES'l' BALANCE AMOUNT CODE/DESCRIPTION
08-16-05 0,3-05,
0.00
07.27-05 03-05
565.00
07-26-05 Oll-OS
565.00-
07-26-05 03-05
29.37
07-25-05 06-05
29.37-
07-19-05 03-05
249.23
07-18-05 03-0S
0.00
07-13-05 08-05
677.56'
---~-------~-~-~-~--~~---------------~--~--------~~------------
l52 LATE CKAAGE ASSESSMENT
0.00 0.00 0.00
161 ESCROW ADVANCE
0,00 0.00 5Q5.00
351 HAZARD INSURANCE
0.00 0.00 565.00-
843,60-
161 ESCROW ADVANCE
0.00 0.00 29.37
310 MORTGAGE INSURANCE DISBURSEME;Nr
0.00 0.00 29.37-
278.60- NEW PRINCIPAL/ESCROW BALANCES
24.75-1 LATE CHARGE
NEW PRINCIPAL/ESCROW BALANCES
161 ESCROW 1\.DVANCE
0.00 0.00 249.23
~52 :.ATE CHAR3E ASS~SSMENT
o.~o ~.oo 0.00
311 SCHOOL TAX DIS3
0.00 0.00 677.56-
249.23-
2~,75-1 LAT2 C~~G~
NEW PRINCIPAL/ESCROW BALANCES
m{lfi.ge~e.CO!T\ .
2600We~t Sig Beaver R~a.d. Tr~v. Mic.hiiillln 4~4.3JI8 .
M1N AJlltlKlJ Ill.,;
rax:~U4l~~5064 Aug 29 2005
CLERICAL DEPT 248-457-5656
8:52 P.09
No 411 t p 3
Aug 25. 2005 J 11 PM
~ ABN.A RO Mortgage
REQ BY 550
loan Administrltion
CUSTOMEl< ACCOUNT hCTIVJ:T1( STATEME:N'l'
DhTE 08/25/05
PhGE 2
STEPHEN C SHIL Y
LOAN NUMBER: 0 45907889
PROCESS
DATE
DUE
DATE,
-~~~-------~~- -------~~--~---------~-~----------~--~-~~~------~---------------
ACTIVITY FOR PERIOO
TRANSACTION
CODE
01/01/04 - OB/24/05
TRANSACTION
PESCRIPTION
EFFECTIVE DATE
OF TRANSACnm<
TRANSACTION PRIN, PAID/ ESCROW PAID/ ------------OTHEl<-------------
AMOUNT BALANCE INTEREST BAIANCE AMOUNT COPE/OESCRIPTION
07-18-05 00-0
55.50
07-18-05 00-0
40.00
07-18-05 00-0
120.00
07-18-05 00-0
200.00
07-18-05 00-00
50.00
07-1B-05 00-00
650.00
06-20-05 05-05
29.37-
06-16-05 03-05
0.00
05-24-05 04-05
29.37-
05-16-05 03-05
0.00
04-21-05 03-05
29,"37-
03-05
.00
02-05
37-
04-18-05
o
03-25-05
29.
_~__~~________~_______________,________~_w~_---________,~~~_~-_-
632 STATUTORY EXpENSES
0.00 0.00
632 STi\.T\Tl'ORY EXPENSE;>
0,00 0,00
632 STATUTORY EXPENSES
0.00 0.00,
632 STATUTORY KXPENSES
0.00 0.00
6n STATUTORY EX!;'I(:lilSES
0.00 0:00
630 ATTORNEY ADVANCES
0.00 0.00 0.00
310 MORTGAGE INSlJ"RJI:NCE DlsaURSmmNT
0.00 0.00 29.37-
428.33
CW\ll.G~ ASSESSMENT
0.00 0.00 24.75-1 LATE CHARGE
INSORANCE DISBURSEMENT
0.00 29.37-
457.70
CHARGE ASSESSMENT
0,00 0.00 24.75-1 LATE CHARGE
INSURANCE DISBURSEMENT
0.00 29.3")-
487.07
CHARGE ASSESSMENT
0,00 0.00 24.75-1 LATE CHARGE
~~S~~CE DISBURSEMENT
0.00 29.37-
516.44
0,00
0.00
0.00
0,00
0.00
NlW PRINCIPAL/ESCROW BALANCES
152 LATE
0.00
310 MORTGAGE
0.00
NEW PRINCIPAL/ESCROW BALANCES
152 LATE
0.00
310 MORTGAGE
0.00
NEW PRINCIPAL/ESCROW BALANCES
152 LATE
0.00
310 MORTGAGE
0,00
NEW PR:NCIPAL/BSCROW 9ALANCES
mOftgllqll com
.2600 Wa!t Big BUII9' R?.1d, Tr?v. Mi~hj~lJn 4~084.33IS
Aug 29 2005 8:52 P.10
No 4111 P 4
raX:~U4l~~5U64
CLERICAL DEPT 248c457-5656
/"ION t'lJ11DliV j/L,
Aug 25. 200513'1 ;PM
~ ABN"A~RO Mortgage
LOIn Adml"i.~ion
PATE 08/25/05
PAGE 3
CUSTOMER ACcOtJN'.1' ACTIVITY STATEMENT
REQ BY SSO
STEPHEN C SHr~ y
LOAN NUMBER: 06 5907889
01/01/04 - 08/24/05
'l'AANSAC"rION
PESCR,IPTION
ACTIVITY FOR PE.R.IOD
TRANSACTION
CODE
EFFEcrlVE DATE
OF TtlANSACrION
DUB
DATE
PROCESS
DATE
_____________~_~__~________________ww_~~______________--------______~__________
TRANSACTION RIN. PAID/ ESCROW PAID/ ------------OTHER--------c----
Al'loUN'! :BALANCE INTll'REST BALANCE AMOUNT CODE/DESCRIPTION
___~___ww________________________._____________~_~____~------------^~----------
'I'M DISBURSEMENT
0.00 337.79-
545 , 81
CHARGE ASSESSMENT
0.00 0.00 24.75-1 ~TE CHARGE
roSUR1\NCE DISB1JF.SEMENT
0_00 29.37-
883.59
313 CITY
0.00
03-17-05 04-05
337.78-
NEW PRINcrp~/ESCROW BALANCES
15;! LATE
0_00
310 MORTGAGE
0_00
03-16-05 03-05
0.00
02-16-05 01-05
29.37-
NEW PRINCIPAL/ESCROW BALANCES
173 PJWMENT
152.56 3i2.49
8,344.74
173 PAYMENT
0,00
310 MORTGAGE
0.00
02-16-05 0:<-05
650.65
~55.60
912 _ 96
N?W PRINCIPAL/ESCROW BALANCES
PAYMAP FEE
n-~6-05 02-05,
12.00
01-16-05 12-04
29_37-
0.00 0.00 12.00 A
INSURANCE DISBURSEMENT
0.00 29.37-
757.36
NEW PRINCIPAL/ESCROW BALANCES
01-17-05
01-18-05 01-05 173 PAYMENT
650,65 151.80 343.25
8,497.30
173 PAYMENT
0.00
173 PAYMENT
151.05 344.00
66.649.10
12-15-04 12-04 173 PAYM~
12_00 0.00
:2.14.04 11-04 310 MORTGAGE
29_37- 0.00
155.60
786.73
NEW PRINCIPAL/ESCROW BALANCES
01-18-05 01-05
12.00
12-J.5-04 12-04,
650.65
0,00
0.00
12.00 A PAYMAP PEE
155.60
631.13
NEW PRINCIPAL/ESCROW BALANCES
0.00 0.00 12_00 A PAYMAP FEE
INSUR~~CE Dl5BURS2MENT
0.00 29.)7-
475_53 NEW PRINCIPAL/ESCRO~
rNS~~CE D!SBURSEMENT
0.00 29.37-
5c4.90
3ALANCES
310 MORTGAGE
0.00
11-15-04 10-04
29.37-
NEW PRl~CIPAL/ESCROW BALANCES
mol"tg.~. c.Qm
. .260.0Wg~ Big ~galllilr ~~jcJ. Tr~v." ~1,~hlq,~i'l.4apa4.j318
X~N XM~HU r/~
Aug,25, 2005 ,J 12PM
ra.:~U42BB5064 Aug 29 2005 8:53 P.ll
CLERICAL DEPT 248-457-5656 No. 411 I p 5
~ ABN.Al'l1RO Mortgage
REQ ax S50
Loan Administrll1io~
CUSTOMER ACCOUNT ACTIVITY STATEMi<NT
STEPHEN C SHIL
LOAN NUMBER, 06 5907BB9
PROCESS
DATE
DUE
DATE,
TRANSACTION
AMOUNT
ACTIVITY FOR PERIOD
TRANSACTION
CODE
RIN. PAID/
BALANCE
DATE 08/25/05
PAGE 4
01/01/04 - 08/24/05
TRANSACTION
DESCRIPTION
EFFECTl:VE DATE
OF TRANSACTION
ESCROW PAID/ ------------OTHER-------------
INTEREST !l)UJINCE ./\MoUNT CODE/DESCRIPTION
172 PAYMEN1'
149.55 345.50
8,950.45
170 INT!ESCROW FROM
0.00 0.00
170 INT/ESCROW FROM
0.00 138.24
142 LOAN SE'l'UP
9,100.00- 0.00
9,100.00
--------~~-----~---------------------------------~-~----~----------------------
11-15-04 11-0~ 172 PAYMENT
650.65 150.30 344.75 155.60
8,800,15 534.27 NEW PRINCIPAL/ESCROW BALANCES
10-22-04 09,04 310 MORTGAGE INSURANCE DISBURSEMENT
29.37- 0.00 0.00 29.37-
378.67 NEW PRINCIPAL/ESCROW BALANCES
155.60
408.04
CLOSING
252.44
252.44
CWSING
0.00
NEW PRINCIPAL/ESCROW BALANCES
NEW PRINCIPAL/ESCROW BALANCES
10-18-04 10-04
650.65
08-31-04 10-04
390.6B
08-31-04 0l'-04
0.00
08-25-04 10-0'\
0.00
0.00
NEW PRINCIPAL/ESCROW BALANCES
I'
. rnartgaga.cllm
. .._.., .~WII!1Bi.9 ~l:lJv:r ~?,~~, rr2'(.~ic,hiia~.~4.-3J18 _
VRRTFTCATION
Jenine R. Davey, Esquire, hereby states Ihal she is the attorney for Plainliff in this action, that she is
authorized to make this verification, and that Ihe statements made in the foregoing Motion for Summary
Judgment and Brief are true and correcl 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 10 unsworn falsification to authorities.
~\~ \ (
Date . ,
:...'\ c..'J
..< \.L)
~i'~
'~.FI
(,,~.)
('~)
~-\'l
-.....
--L~
f'll
.,
.,
r,~
-1'-'
C.1
ABN AMRO Mortgage Group, Inc.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3613 civil Term
vs.
STEPHEN C. SHILEY,
Defendant
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with the Law Offices of Phelan Hallinan & Schmieg, LLP, for the
limited purpose of representing the Plaintiff at Argument Court to
be held on Thursday, October 20, 2005.
JJ~
Dale F. Shu har
Supreme Court I.
35 East High Str
Carlisle, PA 17013
(717) 241-4311
203
September 29, 2005
Date:
cc: Jenine R. Davey, Esquire, Phelan Hallinan & Schmieg, LLP
James M. Bach, Esquire
0 ....., :'fl
=
c .;::::.
-~ on
i) , t/J ::;:J
'-'"; ( r..~:; Filp]
\J
(,) -ofT
Cl '::J~
::s -ri
,_);;c;
f',) 2:~5;"/\
-1
'.-(;:>-
0 ~J3
N -<
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03613 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ABN AMRO MORTGAGE GROUP INC
VS
SHILEY STEPHEN C
SHANNON SHERTZER
, 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
DEFENDANT
at 2043:00 HOURS, on the 19th day of July
at 308 DEERFIELD ROAD
2005
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
12.00
.00
10.00
.00
40.00
~~ ,,,fY ~~../.?"
_, "".- ".',(:. r""
f r_>'" .,.,;,'?c:;,",C.J' :A.~
. ~-,~~ ~ .
R. Thomas Kline
Sworn and Subscribed to before
me this /r;rll day of
/kl~V7!~/it AD
Prot ~7
07/21/2005
PHE~y HALLmAN il:~ ')/1
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03613 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ABN AMRO MORTGAGE GROUP INC
VS
SHILEY STEPHEN C
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SHILEY STEPHEN C
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, SHILEY STEPHEN C
430 RENO STREET
NEW CUMBERLAND, PA 17070
THIS ADDRESS IS OCCUPIED BY TENANTS OF
THE DEFENDANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
14.40
5.00
10.00
.00
35.40
S~~
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
07/21/2005
Sworn and subscribed to before me
this /?tII day of IkIhO.:5/
Roo5 ~A'D'
{!w;
pr'oth ota y
ABN AMRO MORTGAGE
GROUP, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
05-3613 CIVIL
STEPHEN C. SHILEY,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS AND OLER. 11.
ORDER
AND NOW, this Z<<- day of October, 2005, it appearing that there is no opposition
thereto, the motion of the plaintifffor summary judgment is GRANTED, and judgment is
entered in favor of the plaintiff and against the defendants in the sum of $72,060.46 together with
interest from July 14, 2005, at the rate of $ I 1.23 per diem and other cosls and charges collectible
under the mortgage and for the foreclosure and sale of the mortgaged property.
BY THE COURT,
:rlm
.44
v1enine R. Davey, Esquire
vElale F. Shughart, Jr., Esquire
For the Plaintiff
vl'ames M. Bach, Esquire
For the Defendant
r:,'"
(I"
\'
".\
,
By: DANIEL G. SCHMIEG
, Identification No. 62205
One Penn Center at
Suburban Station - Suite 1400
Philadelphia, P A 19103
(215) 563-7000
Attorney for Plaintiff
ABN AMRO MORTGAGE GROUP,INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
vs.
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 17011
: NO. 05-3613 CIVIL TERM
PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Summary Judgment in favor of the Plaintiff and against STEPHEN C. SHILEY, Defendant(s)
in accordance with the Court's Order dated 10/28/05 . Assess Plaintiffs damages against STEPHEN C. SIDLEY
as follows:
As set forth in the Order
Inlerest-7/14/05 to 10/28/05.
TOTAL
$72,060.46 ..;
$ 1,201.61
$73,262.07
(ov~c ,,\(Vl\vIA
D . SCHMIE , SQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
KIO
,
,
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 05-3613 CIVIL TERM
STEPHEN C. SIDLEY
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
.---
JMUA?, 'I 200(.0.
Ct
DEPUTY
If you have any questions concerning this matter, please contact:
c'''--...-.--...
1
I ,
\:/J; } I C
G, ESQUIRE
'Attorney for Plai ff
ONE PENN CE ER AT SUBURBf,\N STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-18140
(215) 563-7000
<".-..-
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
. PHELAN HALLINAN AND SCHMIEG, LLP
~ By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F, KENNEDY BLVD., SUITE 1400
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
STEPHEN C. SIDLEY
NO. 05-3613 CIVIL TERM
Defendant(s).
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
o an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
.---
\~CJhmA'lA
DANffiL:(r. scrtMiEG, ESQUIRE
Attorney for Plaintiff I
\!
.
. .
PHELAN HALLINAN AND SCHMIEG, LLP
- By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD" SUITE 1400
PHILADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 05-3613 CIVIL TERM
STEPHEN C. SIDLEY
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant STEPHEN C. SHILEY is over 18 years of age and resides at , 308
DEERFIELD ROAD, CAMP HILL, P A 17011 .
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
"."~
(
-
"'p
r--;-,
(")
(":"
""
,,',~" -)
c",
<::F"
C)
-';-1
~-
.L.....
...,
-~
,--1;(
-n
{',',
r~.~'
en
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-3613 CIVIL
ABN AMRO MORTGAGE
GROUP, INC.,
Plainliff
STEPHEN C. SHILEY,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS AND OLER. JJ.
ORDER
AND NOW, this z g- day of October, 2005, it appearing that there is no opposition
thereto, the motion of the plaintifffor summary judgment is GRANTED, and judgment is
entered in favor of the plaintiff and against the defendants in the sum of $72,060.46 together with
interest from July 14,2005, at the rate of $11.23 per diem and other costs and charges collectible
under the mortgage and for the foreclosure and sale of the mortgaged property.
BY THE COURT,
Jenine R. Davey, Esquire
Dale F. Shughart, Jr., Esquire
For the Plaintiff
.44
James M. Bach, Esquire
For the Defendant
:rlm
(, ,-..> c~
<-.:::>
C ...::c:.) -11
C ..'-'
A c.~ .-l
'oL <
C? \<\~1
C ~ ~
-j- I
17'- D ... (-'
~ ~ ~ -0
'""-- ~ ~
:3 ...J ~ r:-?
')t) ;..J f"."'I
\:;) u~
.- <.1'\ --- -
. N::. --.() 1\
,.--..
" --...... '""
~ "\ -::::;:
::,
l:> ,
::>
.
...
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183 !
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
v.
No. 05-3613 CIVIL TERM
STEPHEN C. SIDLEY
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$ 72, 060.46
Interest - 7/14/05 to 10/28/05
$1,201.61
Interest from 10/28/05 to JUNE 7, 2006
(per diem -$12.04)
$2,672.88 and Costs
TOTAL
$75,934.95
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
~
~
<=>
r-
~
<
~
~
~
...$ ~ ~
O~ U
.... u
~.... '!l ...
~s: ~ ';) od
~ U <l)
~ifl ';) ~ ~~ ~
~~ ~ ""~
~~~ " ~ ....s; ~
"" ~ o ~ ?;'
O~ ~ U ~~ e
.;, '"
u~ " ";>- ~ ~~ 'is
...-g ~ g<
Ou ~ ~~ Po
~ ~ <l)
~~ "'i ....
~
-g~ ~ ~ ~'-' ~ ~
~~ ~ u <l)
1 .:d :0
p~ ; j;1. ~
.~
~
'!l';)
U \
.'
,.-
ALL THA T CERTAIN pIece or parcel of land, Hereditaments and Appurtenances, SITUATE, lying
and being in Ihe Borough of New Cumberland, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a poinl on Ihe Westerly side of Reno Street, distant 96 feet South of the Southerly
side of 5th Street; thence in a Southerly direction along the said Reno Street, a distance of27 l/2 feet
to propertY of James A. Green; thence Westerly by Ihe same, through the center of partition wall of a
double frame dwelling house, a distance of? 5 feet to line of Lot No. 31; thence Northerly by the
same, a distance of27 1/2 feetlo a point; thence Easterly a distance of75 feello the Westerly side of
Reno Street, aforesaid, the poinl or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
BEING the same premises which Gordon H. Winter and Lillian V. Winter, husband and wife, by
indenture bearing date the 5th day of April, A.D. 1946 and recorded in the Office for the Recording
of Deeds, in and for the County of Cumberland, aforesaid, in Record Book E-13 page 179 &c.,
granted and conveyed unto Edward W. Kochenour and Marian A. Kochenour, husband and wife, in
fee.
Being Parcel # 25-24-0811-251
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley, by Deed from Sarah L. Brickey,
Executrix of the Estate of Marian A. Kochenour, deceased, dated 4-27-00, recorded 5-3-00 in Deed
Book 220, page 659.
Premises: 308 Deerfie1d Road, Camp Hill, P A 17011
......
~ ('::> s:> ""
-
~ f:" ,
Vi <:>
~ C> C>
- --L c:- ~
--' ......I ~
1U r
~ ....I:> Q
-e: 5'
r;;;-- ;>
-Z
~\ CO!
'::C':;:::
-- .....
V \J\ \,);) ..c:
~ ~):>\ -D --.
0\ 0 ~~
~ './'; '6 ,~~ " '8.
fJ ..c: ()
<:) " 0 ~
---Q
'ilo- ~
'"
:::>;> ~
-T-
......r
V\ r
';- -
;s ~,
=.E' .:>
f
~
::r-
3
;;-
""-'>
C.-
.,.....JI'
'.....
-..;...-'
()
"""
.A
~,\~*
~;.\,\
\
::~-
,c:\
,.p
",1
C:;
ALL THAT CERTAIN pIece or parcel of land, Hereditaments and Appurtenances, SITUATE, lying
and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the Weslerly side of Reno Streel, dislant 96 feet South of the Southerly
side of 5th Street; thence in a Southerly direction along the said Reno Slreet, a distance of 27 1/2 feet
to property of James A. Green; thence Westerly by the same, through the center of partition wall of a
double frame dwelling house, a distance of 75 feet to line of Lot No. 31; thence Northerly by the
same, a distance of27 1/2 feet to a point; thence Easterly a distance of 75 feel to the Westerly side of
Reno Street, aforesaid, the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
BEING the same premises which Gordon H. Winter and Lillian V. Winter, husband and wife, by
Indenture bearing date the 5th day of April, A.D. 1946 and recorded in the Office for the Recording
of Deeds, in and for the County of Cumberland, aforesaid, in Record Book E-13 page 179 &c.,
granted and conveyed unto Edward W. Kochenour and Marian A. Kochenour, husband and wife, in
fee.
Being Parcel # 25-24-0811-251
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley, by Deed from Sarah L. Brickey,
I Executrix ofthe Estate of Marian A. Kochenour, deceased, dated 4-27-00, recorded 5-3-00 in Deed
Book 220, page 659.
Premises: 308 Deerfield Road, Camp Hill, P A 17011
~
~
ABN AMRO MORTGAGE GROUP, INC.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
STEPHEN C. SIDLEY
CIVIL DIVISION
Defendant(s).
NO. 05-3613 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at "308 DEERFIELD ROAD" CAMP
HILL, PA 17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC
8201 GREENSBORO DRIVE
MCLEAN, VA 22102
\
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
W ACHOVIA BANK, N.A.
301 S. COLLEGE STREET, NC 0630
CHARLOTTE, NC 28288
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every otheI person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
308 DEERFIELD ROAD
CAMP HILL, PA 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 28. 2005
DATE
~,~~'t\l\;UE_u
D" G. S lEG, ESQUIRE ~
Attorney for Plaintiff ~1
r~':" r)
c?~ '"-'n
'~;:."'
~;-:-~
.-\
~, "
\<\
,-'.\.
..""'"
\
x'-
:~"
>'.
...!J
.'
~
c../;
":~l
~
, ------
..
t
ABN AMRO MORTGAGE GROUP, INe.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 05-3613 CIVIL TERM
STEPHEN C. SIDLEY
Defendant(s).
December 28, 2005
TO: STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 17011
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY **
Your house (real estate) at. 308 DEERFIELD ROAD" CAMP HILL. PA 17011. is scheduled
to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PAl 7013, to enforce the court judgment of $73.262.07 obtained by
ABN AMRO MORTGAGE GROUP. INC. (the mortgagee) against you. In the event the sale is
continued, an arrnouncement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges.
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
..
,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as ifthe sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
"
I
ALL THA T CERTAIN pIece or parcel of land, Hereditaments and Appurtenances, SITUATE, lying
and being in the Borougb of New Cumberland, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet South of the Southerly
side of 5th Street; thence in a Southerly direction along the said Reno Str~et, a distance of27 1/2 feet
to property of James A. Green; thence Westerly by the same, througb the center of partition wall of a
double frame dwelling house, a distance of 75 feet to line of Lot No. 31; thence Northerly by the
same, a distance of27 1/2 feet to a point; thence Easterly a distance of75 feello the Westerly side of
Reno Street, aforesaid, the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania,
BEING the same premises which Gordon H. Winter and Lillian V. Winter, husband and wife, by
Indenture bearing date the 5th day of April, A.D. 1946 and recorded in the Office for the Recording
of Deeds, in and for the County of Cumberland, aforesaid, in Record Book E-13 page 179 &c.,
granted and conveyed unto Edward W, Kochenour and Marian A. Kochenour, husband and wife, in
fee.
Being Parcel # 25-24-0811-251
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley, by Deed from Sarah L. B.rickey,
Executrix of the Estate of Marian A. Kochenour, deceased, dated 4-27-00, recorded 5-3-00 10 Deed
Book 220, page 659.
Premises: 308 Deerfield Road, Camp Hill, P A 17011
~.
r-~ (:.!,
<>'
c;}.. #:)
t/
...i'
~,;'~
,
/
.'
--r""'
~.>>'
--~~
(..j~
.'
.
PHELAN HALLINAN & SCHMIEG, LLP
By: D~LSCHMIEG,ESQtmRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
CUMBERLAND COUNTY
vs.
No.: 05-3613 CNIL TERM
STEPHEN C. SHILEY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P.. 404(2)/403
DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that
service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by
regular mail to DALE F. SHUGHART, JR Attorney of Record for Defendant(s), STEPHEN C.
SHILEY, at 35 E. HIGH STREET, S. 203, CARLISLE, PA 17013 on 1/03/06
The undersigned understands that this statement is made subject to the penalties of 18 PA
C.S. s 4904 relating to unsworn falsification to authorities.
.-------
r -',
i '-.....,
D_
'---------
Date: January 13, 2006
-
"'.-;
~' %-
~'Z
~. "
""'
",0
"';;
,< ~
~
\
~
'J>
~
.t>
".-;
o 0
';:o~
-:,:7,
~i
""
o 0
~:9.
8\~
';:; *
't.\
\;j
W<.
z
o
V>
IS
';;i
~
",'"
:%~
a~
o ;;
~:'
\ ~\.\.
V; N ...... 0
~
'"
.
9-
~
9-
~
.
~.
~
1,J~.~'iI
g8%'
'vo~ \\ s jt
~.. 6 'i1, i1;
~ il" " 0-
~~>~'B.~
VJa;% g'
%9 ~g., 0
::"@" '(:S '5 '2
g~o~~
~lg"3~'
~,~1 tri
a~ ~ n--,€.
'?,~% i ~
n tj;'l/; e; 0
~ Vl\::l ~"
S tj.~ ~ ~
og'g'il~J;
-so"
s:. T;; ~g'
~ \~;
-'d>" a p..
~ ",...
%.~?:.~
" s~.
~e..%g'
'", ,'< l'> e-
.." ~-
~~~<t
~.\}~,,&.
;i-<ra~
og8s.
lwh
~-'O;:: "".
~.~ ~.~
HB
-WHa
~~~~.
% ~'?~
~ad
>~ 'g~
.. ~-o''''-
c.:..!!.~
~W'd <r
r; ...,....,
~ ~g
-.l
""
V'
,..
'0_
r
-
~ "
'" (0
~.
"
co
z
c:
%-
'"
~
--.
U'Je;S
'" '" '"
s.~~
~ Po
~
~
~
?:l
'"
o
~
if>
~"'~~
~,..-.(Qtt1
",--'.."r
~ 0 ('Q )?,
",~g7..
g:,~O ~
:-. (\I
..".,;~
~g;\1
"""'~
o.:t ~ ~
v.> \)j v
~g~~
.....~~o
.... <: U'J
...",U'J
0"'-0;0
ifI" a,;t;
t'\ 0>-
~U'J"tt\
%" 0
~ (; "
~-; t:
60 ;.,;
l"Io
~
~
d
~
trl
'"'
""
h
~
~
',)>
oj
~
1-
z
'i>
....:\ () d ?;
t.tr\oo~
%~~~i
O_iO!;~
?>-. 0-
o 0 'G\ ~
trl n
'fl g ~ t" ~
trl "'\ ~ ?>, '"
o,~ % ~ i
;p_\~~"
o~ VJ~
Z......I ~ 0 0
,.-< ~ ~ '"11 ~
g~~O~t
o tI1 ~ ~
U\~, <: 0
~~\~~
""d?'?>e
..... ~,
o b d
;;~j \;j~ 0
;.;," ~
V> 0 "" z
"" '? t. ""
~>atrl:<
s.n a; ~ -;;
1Z t" 0 Z
r' '"' 0
.0 ,,' ~ ??,
\'3?> trl ';I:
~ ~ ~ ~
trl . 0
lQ ~ ~
~ oJ
o ~;
'S '" trt
d ~ ~
~ '; 0
~ ~ t
';;i '6J ';;i
~ ~"~
<:: "..-o:i; :;-'
?> '" ,c>,\ 191 "
\:3 iii"~
-
C>
'"
v.>
V>
'"
~
~
't.\
m
;-'\
S
r
';;
o
tn
't.\
~
:'
z
('l
o
'"
o '6
~ '9
'P ~.
t" 0
~ ::l.
':. r'
-.l Z
S; ('l
v.> '"
\'3
'"
'"
'f'
~
-
---
,-,: ,-.
)
;1
L_ ___1
, ---,-1
-..J
c.,.)
C~)
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
A TIORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to
amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on July 15, 2005, a true
and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A".
2. Judgment was entered on October 28,2005 in the amount of $73,262.07. A true and correct
copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B".
3. The Property is listed for Sheriffs Sale on June 7, 2006. However, in the event this motion has
not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with
Pennsylvania Rule of Civil Procedure 3129.3.
4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint
was filed and Defendant has been given credit for any payments that have been made since the judgment. The
amount of damages should now read as follows:
Principal Balance
Interest Through 6/7/06
Per Diem $11.23
Late Charges
Legal fees
Cost of Suit and Title
Sheriffs Sale Costs
Property Inspections
Appraisal/BPO
MIP/PMI
NSF
Suspense/Misc. Credits
Escrow Deficit
$68,344.74
$5,534.93
$99.00
$1,500.00
$862.00
$1,500.00
$1,383.55
$85.00
$29.37
$0.00
$0.00
$1,429.83
TOTAL
$80,768.42
5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage.
6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the
figures set forth above in the amount of judgment against the Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as
requested.
Date:~
By:
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. J.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103-1814
(215) 563-7000
ABN AMRa MORTGAGE GROUP, INC.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate
taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs
Note was secured by a Mortgage on the Property located at 430 Reno Avenue, New Cumberland, P A 17070.
The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums,
including taxes, insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised
monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff
commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the
Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure action, the
entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be
adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other
expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also
appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any.
II. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and
interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the
debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through
the date of the impending Sheriff s sale has been requested.
III. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,
Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very
well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If
the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the
Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for
taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have
the Court enforce the terms of the Mortgage.
IV. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request
offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson
v. Loomis, 51 Pa, 78 (1865); First Federal Savings and Loan Association V. Street Road Shopping Center, 68
D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees
in the instant action is highlighted for the court's reference.
In Federal Land Bank of Baltimore V. Fetner, the Superior Court held that an attorney's fee often
percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the
Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in
mortgage foreclosure action was reasonable. Citicorp V. MorrisviIle Hampton Realty, 662 A.2d 1120 (Pa.
Super. 1995). hnportantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees
and costs as it deems reasonable.
V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the
enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191.
Stephenson v. Butts, 187 Pa.Super. 55,59,142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of
the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa, Nat. Bank. 445 Pa, 117,282
A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change
from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien
is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman
v. Altoona Trust Co., 332 Pa, 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly
in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property.
Meco Reality Company v. Bums, 414 Pa, 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will
suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests.
Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal
liability.
In RC.Y. V. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court
has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa, Super. 157,390 A.2d
276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional
sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and
the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the
mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage
is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly
mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property.
The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust
financial losses on this loan.
VI. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal
proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,
then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages.
Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage,
and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to
protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as
requested.
DATE:
51alob
By:
Mlch . Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
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
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRNE
JACKSONVILLE, FL 32258-4455
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. OS -3lol;J Cl~~(~0L~
CUMBERLAND COUNTY (
v.
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 17011
(")
S
;:g S~
.~;.'" ....,.
f'.)
=
c:::>
cJ'I
C-
c::
,-
/~- ,
C:?j
~-<
.~: -0
CIVIL ACTION - LAW , ~ ~~:. :;r:
COMPLAINT IN MORTGAGE FORECL~ S ~~ ~
~~ L-
NOTICE 'l&,s~ ~~fpp" =<" co
You have been sued in court. If you wish to defend against the claims set fortU1fiJlhe following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING 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.
Defendant
(..n
a
-n
.-\
~-n
-o~
-T..,O
0)...
--1 S:!
-- t\
ti-n
-"~n
L-'fil
o
=-;:;!
':0
:<
4~)'
PtEASf ~....::. gopy
~"""'fJHN
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A ] 70 ] 3
(800)990-9108
':. :
iurer'v"bF<l-lfV th
i ,) -"<. c.. '~t: f J '- 4 . t!
. " · Lid a UUP :;:lO,""
!";rr ~ '~~HJl
J c.,. IGCL COD V nf ~hf.)
lnginal '. J ~, L ,.
rn
File #: II 9508
File#: 119508
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 ESTATE.
1. Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRNE
JACKSONVILLE, FL 32258-4455
2. The name(s) and last known address(es) of the Defendant(s) are:
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PAl 701 1
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: 3788.
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 03/0112005 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 al1 interest due thereon are col1ectible
forthwith.
File #: 119508
6. The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2005 through 07/14/2005
(Per Diem $1 1.23)
Attorney's Fees
Cumulative Late Charges
08/20/2004 to 07/14/2005
Cost of Suit and Title Search
Subtotal
$68,344.74
1,841.72
1,225.00
99.00
$ 550.00
$ 72,060.46
Escrow
Credit
Deficit
Subtotal
0.00
0.00
$ 0.00
TOTAL
$ 72,060.46
7. The attorney's fees set forth above are in confonnity with the mortgage docwnents 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 ofl974, 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or haslhave 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
$50,000.
10. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
72,060.46, together with interest from 07/14/2005 at the rate of $ I 1.23 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.
LIN~1~
By: IslFraIicis S. Hallinan
LA RENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File#: 119508
<.,f)
It> :
.3~ r~
\ l\<V
~..~';'
:.;~ ~ .~:..~
' ' - , "11 t:.;' I~ ;'~
.: ~- : t~ ;;l.:L:~.~i' :\
. .
ROBERT p, ZIEGLER'
RECORDER OF DEEOS
CUMBERlAtW COUNTY - P:\
RECORD AND RETIJRN TO:
Appalachian Sc:tlemenl Agency, LLC
'229 East Chocolate Avenue
Hershey, PA 17033
200' RUG 27 PM 2 26
When recorded mail ~Ol
ABB AMRO MORTGAGE GROUP, IRC.
P.O. BOX 5064
TROY, MICRIGAlI 48084
ATTBIFIBAL/TRAILIBG DOCUHEBTS
LOAR
[Space Above ThIs Line For Recording Data)
MORTGAGE
DEFINmONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated AUGUST 20, 2004,
together with all Riders to this document.
(B) "Borrower" is STBPREIJ C SHILEY.
Borrower is the mortgagor under this Security Instrument.
(C) "lender" is ABB AMRO MORTGAGE GROUP, IBC.
PENNSYLVANIA-Single FamiIy-Fannle MaelFreddle Mac UNIFORM INSTRUMENT
o 1999-2004 Onine Documents, Inc. Page 1 of 16
Ini.tialSI~
Form303917~
PAUDED PAUOEDL 0404
08-17-2004 14140
BK I 8 7 8 PG 3 7 8 8
. .
~--_-.., ,
:~,it:hJii~'~rr i~
- - --' j
lender is a CORPORATIOIt
laws of DElAWARE.
2600 W. BIG BEAVER RD., TROY, MICBIGAIt 48084.
LOAJt '1 645907889
organized and existing under the
lender's address is
lender is the mortgagee under this Security Instrument
(D) "Note" means the promissory note signed by Borrower and dated AUGUST 20, 2004.
The Note states that Borrower owes lender ""**SIXTY illItE THOUSAllD ORE BURDRBD UD
.0/100.......................................... Dollars (U.S. $69,100.00)
plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in fuU not later than SEPTEMBER 1, 2024.
(E) "Property" means the property that is described below under the heading -Transfer of Rights in the
Property. .
(F) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and an sums due under this Security Instrument, plus interest.
(G) "Riders" means aU Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
OAdjustable Rate Rider OCondominium Rider 0 Second Home Rider
o BaDoon Rider o Planned Unit Development Rider DOther(s) [specify)
[i] 1-4 Family Rider DBiweekly Payment Rider
OVA Rider
(H) "Applicable law'" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "electronic Funds Transfer" means any transfer offunds, otherthan atransaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account Such term includes. but is not limited to, point-of-saIe transfers, automated taler machine
transactions, transfers initiated by telephone. wire transfers, and automated clearinghouse transfers.
(I<) "Escrow Items" means those items that are described in Section 3.
(t) "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or pro-
ceeds paid by any third party (other than insurance proceeds paid under the coverages described in
Section 5) for: (i) damage to, or destruction of, the Property; fll) condemnation or other taking of all or
any part of the Property; (iiij conveyance in lieu of condemnation; or (iv) misrepresentations of. or
omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default
on. the Loan.
(N) "Periodic Paymenr means the regularly scheduted amount due for ~) principal and interest under
the Note. plus (ii) any amounts under Section 3 of this Security Instrument. . ~:;1J..
In1tialsl
PENNSYLVANIA-Single FamlIy-Fannie MaeIFreddie Mac: UNIFORM INSTRUMENT Form 30391/01 .
4> 199902004 Onftne Documents, Inc. Page 2 of 16 PAUOEDl 0404
08-11-2004 14:40
OK 1878PG3789
. .
.~.~.M~t1nr i~'.
LOAR II 645907889
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time. or any additional or successor legislation or regulation that govems the same subject matter. As
used in this Security Instrument, "RESPA" refers to aft requirements and restrictions that are imposed
in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related
mortgage loan" under RESPA.
(P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obUgations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and aU renewals, extensions and
modifications of the Note; and (n) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
lender the foHowilg described property located it the COUJITY
(Type of Recording Jurisdiction] of CUMBERLABD IName of Recording Jurlsdiclion]:
SSE LEGAL DESCRIPTIOR A'l'TACHED HERETO A1i1D MADE A PART HEREOF.
which currently has the address of 430 RERO AVE, REM CUMBERLAlID,
[Street) ICity)
Pennsylvania 11070 ("Property Address"):
[Zip Code)
TOGETHER WITH aU the improvements now or hereafter erected on the property, and all
easements, appurtenances. and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. AJI of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfuUy seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered. except
for encumbrances of record. Borrower warrants and wiHdefend generally the tiUe to the Property against
aU claims and demands. subject to any encumbrances of record.
TH\S SECURllY INSTRUMENT combines uniform covenants for national use and non-unifonn
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property. ~
Initialsr
PENNSYLVANIA--Single FarnIIy-Fannle Mae/Freddle Mac U",FORM INSTRUMENT Form 30391/01 ./
o 1999-2004 Onllne Oocuments.lnc. Page 3 of 16 PAUDEDL 0404
08-17-2004 14r40
OK I 87 8 PG 37 90
~~:y,,~J ,~~ F.:lJl1 r /~f-
i~~-. --';l~-'1'-('
l~.:.4f(,~~" . ·
LOAN I: 645907889
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. BOrrower shaH also pay funds for Escrow
Items pursuant to Section 3. Payments due under the Note and this Security Instrument shaD be made
in U.S. currency. However, if any check or other instrument received by lender as payment under the
Note or this Security Instrument is retumed to Lender unpaid, lender may require that any or aU
subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) 8ectronic Funds Transfer.
Payments are deemed received by lender when received at the location designated in the Note or
at such other location as may be designated by Lender in accordance with the notice provisions in
Section 15. Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but lender is not obligated to apply such payments at the
time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,
then lender need not pay interest on unapplied funds. lender may hold such unapplied funds until
Borrower makes payment to bring the loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not apprled earlier.
such funds win be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in thefoHowing order of priority: (a) interest
due under the Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments
shaD be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be appUed first to late charges, second to any other amounts due under this Security Instrument,
and then to reduce the principal balance of the Note.
If lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any tate charge due, the payment may be applied to the delinquent payment
and the /ate charge. If more than one Periodic Payment is outstanding, lender may apply any payment
received from Borrower to the repayment of the Periocfac Payments if, and to the extent that, each payment
can be paid in fuD. To the extent that any excess exists after the payment is apprled to the fuR payment
of one or more Periodic Payments, such excess may be appUed to any late charges due. Voluntary
prepayments shall be apprled first to any prepaymeht charges and then as described in the Note.
Any application of payments, insurance proceeds, or Misceftaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3, Funds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Fundsj to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this secu~trumen
Ini~ia1s:
PENNSYLVANIA-SingIe FarnIy-Fannlo MaeJfroddle Mac UNIFORM INSTRUMENT Fonn 30391/01
f> 1999-2004 Online Documents. Ine. pago 4 of 16 PAUDEDL 0404
08-11-2004 14:40
BK I 8 7 8 PG 3 7 9 ,
k,''''i!it-.. _-.,;.; ,If';' ";,'.
(=':,,' ,,-1i g i"~ ~ ~.~ h~ f, ~ ;.~
LOAR Ie 645907889
as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if
any; (c) premiums for any and aU insurance required by Lender under Section 5; and (d) Mortgage
Insurance premiums, if any. or any sums payable by Borrower to lender in lieu of the payment of
Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are caRed
"Escrow Items.. At origination or at any time during the term of the Loan, lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
dues, fees and assessments shall be an Escrow Item. Borrower shall promptty furnish to Lender all
notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items
unless Lender waiVes Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall fumish to lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase .covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow
Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount Lender mayrevokethewaiver as to any oraD Escrow
Items at any time by a notice gillen in accordancewilh Section 15and, upon such revocation, Bormwershall
pay to Lender aD Funds, and in such amounts, that are then requi'ed under this Section 3.
Lender may. at any time, coUect and hold Funds in an amount (a) sufficient to pennit Lender to apply
the Funds atthe time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. lender shall-estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable law.
The Funds shaH be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or
in any Federal Home Loan Bank. Lender shalt apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,
annuaUy analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge. Un1ess an agreement
is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shaH not be
required to pay Borrower any interest or earnings on the Funds. Borrower and lender can agree in
writing, however, that interestshal be paid on the Funds. Lender shaD give to Borrower. without charge,
/ an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, lender shaD account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA. Lender shaI notify BotwNer as requi'ed by RESPA, and Borrower shal pay to
Lender the amount necessary to make up the shortage in accordance with RESPA. but it no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA.lendershaU
notify Borrower as required by RESPA, and Borrower shaD pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA. but in no more than 12 monthly. paYmen~.. .
Initials:
PENNSYLVANIA-Slngle Famiy-Fannle Mall/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 .
C 1999-2004 Onine Doc:uments. Inc. Page 5 of 16 PAUDEOL 0404
08-17-2004 14:40
OK I 87 a PG 37 92
EXHIR~'" :~
LOAR II 645907889
Upon payment in full of aU sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Uen.. Borrower shaD pay all taxes, a~essments, charges, fines, and Impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments
or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if
any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obrlQation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good faith by, or defends against enforcement of the flen in, legal proceedings which in lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any
part of the Property is subject to a lien which can attain priority over this Security Instrument, lender may
give Borrower a notice identifying the fien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term -extended coverage," and
any other hazards including, but not limited to, earthquakes and lI00ds, for which Lender requires
insurance. This insurance shall be maintained in the amounts 6ncluding deductible levels) and for the
periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for f\ood zone determination, certification and tracking services: or (b) a one-time charge for
load zone determination and certification services and subsequent charges each time remappings or
simnar changes occur which reasonably might affect such determination or certification. Borrower shaD
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above,. Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shaD cover Lender, but might or might
not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or fiability and might provide greater or lesser coverage than was previously in effect Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section
5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall
bear interest at the Note rate from the date of disbursement and shaD be payable, with such interest.
upon notice from Lender to Borrower requesting payment ~
:Initials' ~
PENNSYLVAHlA-SingIe Famiy-Fannl& MaeIFrecldle Mac UNIfORM INSTRUMENT Form 30391
o 1999-2004 Online Documents. Jnc. Page 6 of 16 PAUOEDl 0404
08-17-2004 14,40
OK 1878PG3793
EXHIBIT A
LOAB II 645907889
All insurance policies required by Lender and renewals of such poflCies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shaD name Lender as
mortgagee and/or as an additional'loss payee. Lender shan have the right to hold the poflCies and
renewal certifiCates. If Lender requires, Borrower shall promptly give to lender an receipts of paid
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shaH give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree n
writing, any ilsurance proceeds, whether or not the underlying insurance was required by Lender, shaD be
app[l8d to restoration or repair of the Property, if the restoration or repair is economicaly teasible and
Lender's security is not lessened. Oumg such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shal be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a sngle payment or in a series
of progress payments as the work is completed. Unless an agreement is made in Writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for pubic adjusters, or other third parties, retained by Borrower
shaI not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration
or repai'is not economically feasible or Lender's security would be lessened, the Insurance proceeds shaI
be applied to the sums secured by this Security Instrument, whether or not then due, With the excess, if any,
paid to Borrower. Such ilsurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any avaitable insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-
day period wiD begin when the notice is given. In either event, or if lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,
and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid
by Borrower) under an insurance poUcies covering the Property, insofar as such rights are applicable
to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shaD occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shaH continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation. Maintenance and Protection of the Property; Inspections. Borrower shaD not
destroy, damage or impair the Property, aUowthe Property to deteriorate or commit waste on the Property.
V\lhether or not Borrower is resic:fll"lg in the Property, Borrower shaft maintain the Property in order to prevent
the Properlyfrom deteriorating or deaeasing in value due to its condition. Unless it is determined pursuant
to Section 5 thatrepairorrestoration is noteconomicaUyfeaslble, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation ~. e ..
Initialsl
PENNSYLVANIA-Slngle FiImiIy-Fannle Ma8/Frecldie Mac UNIFORM INSmUMENT Form 30381/Ot
o 1999-2004 OnlIne Documents. Ine. Page 7 of 16 PAUOEDL 0404
08-17-2004 14140
BK 1 B78PG3794
. .
f)f:fiit~Bfr ;~
LOAD I: 645907889
comection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restorilg the Property only if lender has refeased proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
is completed. If the insurance or condemnation proceeds are notsufticient to repair or restore the Property,
Borrower is not relieved of BolTCl'Nef's obligation for the completion of such repair or restoration.
lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shaft be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowe(s
know1edge or consent gave materiaDy false, misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not 6mited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest In tho Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)
there is a legal proceeding that might significanUy affect Lender's interest in the Property and/or rights
under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce
laws or regulations), or (e) Borrower has abandoned the Property, then lender may do and pay for
whatever is reasonable or appropriate to protect lender's interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the value of the Property, and securing and!
or repairing the Property . lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying
reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,
but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,
and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
not have to do so and is not under any duty or obfigation to do so. It is agreed that Lender incurs no
liability for not taking any or aU actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shaH become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from lender to Borrower
requesting payment
If this Security Instrument is on a leasehold, Borrower shaD comply with an the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shan not, without the express written consent of lender, alter or
amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title
shall not merge unless lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available~e
Initials
PENNSYLYANlA-Slngle Family-Fannle Mao/FTeddle Mac UNIFORM INSTRUMENT Fonn 3039 1
4> 1999-2004 Online Documents. /ne. Page 8 of 16 PAUOEDl 0404
08-17-2004 14,40
BK I 818 PG 3 7 95
~',~' ){ii0; in~~>~r A
-, .,1" I, '11<.11" " '"
'"0 .,.. :_-~',-.--.11 . .
LOAR I: 645901889
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to obtain coverage substantiaUy equivalent to the Mortgage Insurance previously in effect, at
a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,
from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available. Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect Lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non.refundable, notwithstanding the fact that the loan is ultimately paid in
full, and Lender shan not be required to pay Borrower any interest or eamings on such loss reserve.
Lender can no longer require loss reserve payments if Mortgage Insurance coverage Qn the amount and
for the period that Lender requires) provided by an insurer selected by lender again becomes available,
is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shan pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-
refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with
any written agreement between Borrower and Lender providing for such termination or untO termination
is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These
agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (dlrect1y or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,
in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. "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, the arrangement is often termed "captive reinsurance." Further:
<a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or eny other tenns of the ~ SUch agreements will not Increase the amount
Bonower wll owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements wUI not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance unclerthe Homeowners ProtecUon Act of 1998 or any other law. These rights
may Include the right to receive certain disclosures, to request and obtain cancellaUon of the
Mortgage Insurance. to have the Mortgage Insurance termlnateel automatically, and/or to receive
a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation
or termination. ~
Initials
PENNSYLVANIA-Single FlII'lllIy..;.FalUlle Mae/Freddle Mac UNIFORM INSTRUMENT Form 30391(01
C 1999-2004 Onlne Documents. Inc. Page 9 of 16 PAUOEOL 0404
08-11-2004 14:40
8K I B78PG3796
EJ<tUBir ,A
LOAM .: 645907889
11. AssIgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shal be paid to Lender.
If the Property is damaged, such MisceUaneous Proceeds shan be appUed to restoration or repair
of the Property, if the restoration or repair is economically feasible and Lender's security is noflessened.
During such repair and restoration period, Lender shall have the right to hoki such Miscellaneous
Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may pay for the repairs and restoration in a single disbursement or in a series of progress payments
as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such MisceUaneous Proceeds, Lender shan not be required to pay Borrower any interest
or earnings on such MisceUaneous Proceeds. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shaD be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
MisceDaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscenaneous Proceeds
shall be apprJed to the sums secured by this Security Instrument, whether or not then due, with the
excess, If any, paid to Borrower.
In the event of a partiai taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the MisceDaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction. or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to conect
and apply the MisceUaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. .Opposing Party. means the third party
that owes Borrower MisceUaneous Proceeds or the party against whom Borrower has a right of action
in regard to Miscellaneous Proceeds.
Borrower shaD be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument Borrower can cure such a default and,
if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
to be dismissed with a ruling that, in lender's judgment, precfudes forfeiture of the Property or other
material impairment of Lender's interest in the Property or rights under this secu~ l e
Initials
PENNSYlVANIA-Sing1e FamiIy--Fannie Mae/Frecldle Mac UNIFORM lNSTRUMENT Form 30391
o 1999-2004 Online Documenl:s.lnc. Page 10 of 16 PAUDEDL 0404
08-17-2004 14:40
BK 1878PG3797
;~ 'R'ff
LOAB II 645907889
proceeds of any award or claim for damages that are attributable to the impairment of lender's interest
in the Property are hereby assigned and shall be paid to Lender.
AU Miscellaneous Proceeds that are not applied to restoration or.repair of the Property shaD be
apptied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabmty of
Borrower or any Successors in Interest of Borrower. Lender shaD not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender
in exercising any right or remedy including, without limitation, Lender's acceptance of payments from
third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shaD not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several liability; Co-slgnefs; Successors and Assigns Bound. Borrower cov-
enants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a "ea-signer1: (a) is co-
signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security Instrument; (b) is not personally obHgated to pay the sums
secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent
Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
aD of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
in writing. The covenants and agreements of this Security Instrument shan bind (except as provided in
Section 20) and benefit the successors and assigns of lender.
14. Loan Charges. lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys'fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may
not charge fees that are expressly prohibited by this Security Instrument or by ApprlC8ble Law.
If the Loan is subject to a law which sets maxinum loan charges, and that law is findy interpreted so
that the interest or other loan charges collected or to be coAected in connection with the Loan exceed the
permitted Imils, then: (8) any such loan charge shaD be reduced by the amount necessary to reduce the
charge to the permitted &mil; and (b) any sums already collected from BorroYt'erwhich exceeded permitted
IimiIs wit be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction win
be 1reated as a partial prepayment without any prepayment charge .(whether or not a prepayment charge
is provided for under the Note). Borrower's acceptance of any such - ~ ~ ~
Borrower wit constitute a waiver of any right of action Borrower might have arising out of such. .
Ini~ials
PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01
o 1999-2004 Online Documents. Inc::. Page 11 of 16 PAUOEDl 0404
08-17-2004 14140
BK 1878PG3798
~~~
LOAB Ie 645907889
15. Notices. All notices given by Borrower or lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shaft be deemed
to have been given to Borrower when mailed by first class mail or when actually deHvered to Borrower's
notice address if sent by other means. Notice to anyone Borrower shall constitute notice to aU Borrowers
unless Applicable law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shaft promptly
notify Lender of Borrower's change of address. If lender specifies a procedure for reporting Borrower's
change of address. then Borrower shaD only report a change of address through that specified procedure.
There may be only one designated notice address underthis Security Instrument at any one time. Any notice
to Lender shag be given by delivering it or by mailing it by first cJass mall to Lende(s address stated herein
unless Lender has designated another address by notice to Borrower. Any notice in connection with this
Security Instrument shal not be deemed to have been given to lender until actualy 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; SeverabUlty; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might expticitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract.
In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
law, such contrlCt shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation
to take any action.
17. Borrower's Copy. Borrower shaH be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18,
-Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, instaUment sales contract
or escrow agreement, the intent ofwhich is the transfer oftille by Borrower at a future date toa purchaser.
If aI or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may requn immediate payment in ful of aU sums secured by this Security Instrument
However, this option shall not be exercised by Lender if such exercise is prohibited by Appflcable law.
If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay aD sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Accelera1fon. If Borrower meets certain conditions,
Borrower shaft have the right to have enforcement of this Security 'nstrument discontinued at any time
prior to the earliest of: (a) _days be_ sale Dllhe Prope<ly pUlSuantto _power DI~~
Initials:
PENNSYLVANIA-S1ngle Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 l/Gt
e 1999-2004 Online Documents, tnc. Page 12 of 16 PAUD Dl 0404
08-17-2004 14:40
/J.
LOAR fa 645901889
in this Security Instrument; (b) such other period as Applicable Law might specify for the termination
of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred
for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;
and (d) takes such action as lender may reasonably require to assure that lender's interest in the
Property and rights under this Security Instrurnent, and Borrower's obflQation to pay the sums secured
by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the foUowing forms, as selected by lender: (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,
this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servlcor; Notice of Grievance. The Note or a partial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might result in a change in the entity (known as the Dloan Servicerj that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable law. There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
loan Setvicer, Borrower will be given written notice of the change which will state the name and address
of the new Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servicing
obligations to BorrowerwiD remainwlth the Loan Servlceror be transferred to a successor loan Servlcer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
by reason of, this Security Instrument, until such Borrower or lender has notified the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable law provides a time period which must elapse before certain action can be taken,
that time period win be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) DHazardous Substances- are those
substances defined as toxic or hazardous substances, poDutants, orwasles by Environmental Law and the
foIowing substances: gasoline, kerosene, other 1\ammable or toxic petroleum products. toxic pesticides
and herbicides, volatile solvents, materials containing.asbestos or formaldehyde, and rad3m.
Initialst
PENNSYlVANIA-Single FamiIy-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
o 1999-2004 Onine Documents. Inc. Page 13 of 16 PAUDEDl 0404
08-17-2004 14,40
a
LOAB I: 645907889
(b) -Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located that
relate to health, safety or environmental protection; (c) -Environmental Cleanup- includes any response
action, remedial action, or removal action, as defined il Environmental law; and (eI) an -Environmental
Conditionw means a condition that can cause, conbibute to, or otherwise bigger an Environmental Cleanup.
Borrower shall not cause or permit the presence. use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shaD not
do, nor alow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of
a Hazardous Substance, creates a condition that adversely affec1s the value of the Property. The preceding
two sentences shaft not apply to the presence, use, or storage on the Property of sma' quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
mai'ltenance of the Property (tnelucfJng, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and
any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking. discharge, release or threat
of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release
of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
notified by any governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
take all necessary remedial actions in accordance with Environmental Law. Nothing herein shaD create
any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. L8nder shan give notice to Borrower prior to acceleration followtng
Borrower's breach of any covenant or agreement In this SecurIty Instrument (but not prior to
acceleration under Section 18 unl~ss Applicable Law provides otherwise). Lender shall notify
Borrower of, among otherthlngs:.(a) the default; (b) the action required to cure the default; (c) when
the detauftmust be cured; and (d) thatfaHuretoCtx'8lhedefaultasspeclfled may result In acceIeraIIon
of the sums secured by this Seculty Instrument. foreclosure by Judicial proceeding and sale of the
Properly. Lender shallfu11her Inform Borrower of the right to reinstate after acceleration and the right
to assert In the foreclosure proceeding the IlOIHtxistence of a default or any other defense of
Borrower to acceleretion and foreclosure. If the default Is not cured as specified, Lender at Its opUon
may require Immediate payment in full of all sums secured by this Security Instrument wlthoutfurther
demand and may foreclose this Security Instrument by Judicial proceeding. Londer shall be entitled
to collect all expenses Incurred In pursuing the remedies provided In this Section 22. Including, but
not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of an 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 party
for services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable law, waives and releases any error
or defects in proceedings to enforce this security.. Instrument, and hereby waives th~ebe of
Initials:
PENNSYLVANIA-Single FamRy-Fannle Maelfreddle Mac UNIFORM INSTRUMENT Form 3039 1/01
C 1999-2004 Online Documents.lnc. Page 14 of 16 PAUDEDl 0404
08-11-2004 14:40
BK' 878PG380'
{~
LOAB 'I 645907889
present or future laws providing for stay of execution, extension of time, exemption from attachment.
levy and sale. and homestead exemption.
25. Reinstatement Period. 8OITower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement ofbickfll'lg at a sheriffs sale or other sale pursuant to this Security Instrument
26. Purchase Money Mortgage. If any of the debt secured by this security Instrument is lent to
Borrower to acquire title to the Property. this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
~ ~".l)
P SHILEY
PENNSYLYANIA-Slngle Famlly-FannIe Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01
01999-2004 Onlne Oocuments.lnc. Page 15 of 16 PAUOEDL 0404
08-17-2004 14:40
OK 1878PG3802
.:',$ ~
L";)%j"':'Vt,~ fl" ~
LOAB '1 645907889
CenlicaleolReCiliilco I fi 0/,
I. J/OUjl'S C. d::~
do hereby certify that the correct address of the within-named Mortgagee is 2600 W. BIG
BEAVER RD., TROY. MICBIGAJI 48084
Witness my hand this
-ZJ
day of
Agent of Mortgagee
comaoawealt.hof PBDSYLVAIIIA
Count.y of .J.t'1 ~1...J
On "'is, the ,JD" day of -A~.. J ~ before ..,~'" {'../?...LI
, the un ersigned officer, personally appeared
STEPHEB C SHILEY, known to.e (or satisfactorily proven) to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged
that he/she/they executed the saae for the purposes therein contained.
In witness whereof I hereunt.o set. .y hand ficial sea
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
00tJGlA8 C. RAUCHlIT, .., PIMc
.... Boto. IJDrlDn COIIIl1
My CClmmiIsion EJlpM OCt. 21. 'IlJ11
My camaission expiresl
PENNSYLVANIA-Single FamiIy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
01999-2004 Online Documents.1nc. Page 16 of 16
Initials~~
Form30391/O
PAUDEDL 0404
08-17-2004 14140
aK I 878PG3803
""..~>!h!H:~ t'rc If
ALL THAT CERTAIN pieee or panel oflan~ Hereditaments and Appurtenances, Situate, lying and
being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more
. particularly bounded and described as follows, to wit:
LEGAL DESCRIPTION
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet South of the Southerly side of
5th Stred; then" in a Southerly diredion along the said Reno Street, a distance of '1.7 % feet to property
of James A. Green; tbence Westerly by tbe same, through the "nter of partition waD of a double frame
dwelling bouse, a distance of75 feet to line of Lot No. 31; thence Northerly by the same, a distance on7 %
feet to a point; thence Easterly a distanee of 75 feet to the Westerly side of Reno Street, aforesai~ the
point or place of Beginning.
HAVING thereon erected a 2-%-story frame dwelling House No. 430 Reno Street, New Cumberland,
Pennsylvania.
BEING THE SAME PREMISES which Sanh L. Brickey, Executrix ofthe Estate ofMarlan A.
Kocbenour, Deceased, by Deed dated AprU '1.7, '1.000 and reeorded May 3, 2000 in the Office ofthe
Recorder of Deeds In and for Cumberland County, Pennsylvania, in R~rd Book 220, page 659, granted
and conveyed unto Stephen C. Shiley.
Parcel No.: '1.5-24-0811-251
'~I:l to be recorded
'I, ,., :i;..nd County P A
. _..,::~-7'~ ~r
-.\
:j
.' I
, ..' ,,/ Recorder of Deeds
BK I. S18PG380~
,.~HU3fr ,!t
RECORD AND RETURN TO:
Appalachian Settlement Agency, LLC
1229 East Chocolate Avenue
Hershey, PA 17033
LOAB II 645901889
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 20TH day of AUGUST, 2004
and is incorporated into and shall be deemed to amend ana supplement the Mortgage,
Deed of Trust, or Security Deed !the "Security Instrument") of the same date given by
the undersigned (the "Borrower) to secure Borrower's Note to ABR AMRO MORTGAGE
GROUP, IRC., A DELIUfARE CORPORA'l'IOB
(the "Lender")
of the same date and covering the Property described in the Security Instrument and
located at: 430 REBO AVE, IIEW CUMBERIABD, PA 17070.
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAl PROPERlY SUBJECT TO THE SECURITY INSTRUMENT.
In addition to the Property described in Security Instrument, the following items now
or hereafter attached to the Property to the extent they are fIXtures are aaded to the
Property description, and shall also constitute the Property covered by the Security
Instrument building materials, appliances and goods of every nature whatsoever
now or hereafter located in, on, or used, or intended to be used in connection with
the Property, including, but not limited to, those for the purposes of supplying or
distributin9 heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security and access control apparatus, plumbing, bath
tubs. water heaters. water closets, sinks, ranges, stoves, refrigerators, dishwashers.
disposals. washers. dryers, awnings, storm windows, storm doors, screens. blinds,
shades. curtains and curtain rods, attached mirrors, cabinets, paneling and
attached floor coverings. all of which, including replacements and additions thereto,
shall be deemed to be and remain a part of the Property covered by the Security
Instrument. All of the foregoing together with the Property described in the Security
Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are
referred to jn this 1-4 Familv Rider and the Security Instrument as the "Property."
B. USE OF PROPERrt; COMPUANCE WITH LAW. Borrower shall not seek,
agree to or make a change in the use of the Proper1y or its zoning classification,
urness Lender has agreed in writing to the change. Borrower shall comply with all
laws, ordinances, regulations and requirements of any governmental body applicable
to the Property.
C. SUBORDINATE UENS. Except as permitted by federal law, Borrower shall
not allow any lien inferior to the Security Instrument to be perfected against the
Property without Lende(s prior written permission. . A I
In~tialsl ~
MULTlSTATE 1-4 FAMIt.Y RIDER-Fannte MaeJFreddle Mac UNIFORM INSTRUMENT Form 3170 1/01 ......
C> 1999-2002 O"ine Documents. Inc. Page 1 of 3 P317 ORDU F3170RLU 0205
08-17-2004 14140
OK 1878PG380S
,~~'~{P~n.wif'" .
- ,P.'r:v;; A
_ ~1!:_.1- .,fr-"'''f
. .
LOAB .: 645907889
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent
loss in addition to the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing, Section 6 concerning Borrower's occup~ of the Property is deleted.
G. ASSIGNMENT OF LEASES. UPQn Lender s request after default, Borrower
shall assign to Lender all leases of the property and all security deposits made in
connection with leases of the Property. Upon the assignment, U~nder shall have the
right to modify, extend or terminate the existing leases and to execute new leases,
in-Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to
. Lender all the rents and revenues rRents.} of the Property, regardless of to whom
the Rents of the Property are payable. Borrower authonzes Lender or Lender's
agents to collect the Rents, and agrees that each tenant ofthe Property shan pay the
Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until
(i) Lender has given Borrower notice of default pursuant to Section 22 of the Security
rnstrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be
paid to Lenderer Lender's agent. This assignment of Rents constitutes an absolute
assignment and not an assignment for adaitional security only.
If Lender gives notice of aefault to Borrower: (i) all Rents received by Borrower
shall be held by Borrower as trustee for the benefit of Lender only, to be applied to
the sums secured by the Security Instrument; (iQ Lender shan be entitled to collect
and receive all of the Rents of the Property; (iil) Borrower agrees that each tenant of
the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon
Lender's wntten demand to the tenant; (iv) unless applicable law provides otherwise,
all Rents collected by Lender or Lender's agents shall be applied first to the costs
of taking control of and managing the Property and collecting the Rents, including,
but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds,
repair and maintenance costs. insurance premiums, taxes, assessments and other
charges on the Property, and then to the sums secured by the Security Instrument;
(v) Lender, Lender's agents or any judicially appointed receiver shall be liable to
account for only those Rents actually received; and (vi) Lender shall be enti"ed to
have a receiver appointed to take possession of and manage the Property and
collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not suffICient to cover the costs of taking control
of and managing the property and of collecting the Rents any funds expended by
Lender for such purposes shall become indebtedness of Borrower to Lender
secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not performed, and will not perform. any act that
would prevent Lender from exercising its rights under this paragraph. ~
Initials:
MULTlSTATE 1-4 FAMILY RIDER-Fannie MaelFreddia Mac UNIFORM INSTRUMENT Form 3170 1/01
C 1999-2002 Online Documents. Inc. Page 2 of 3 F3170RlU
08-11-2004 14:40
8K' 878PG3806
. .. . .
LOAN II 645907889
Lender, or Lender's agents or a judiciall~ apPQinted receiver, shall not be
req~ired to enter uPQn, take control of or maintain the Property before or aft~ gi~ng
notice of default to Borrower. However, Lender, or Lender's agents or a JudicIally
appointed receiver, may do $Oat any time when a default occurs. Any application
of Rents shall not cure or waive any default or invalidate an~ other right or remedy
of Lender. This assignment of Rents of the proper:ty shall terminate when all the sums
secured by the Security Instrument are ~id in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any
note or agreement in which Lender has an interest shall be a breach under the
Security Instrument and Lender may invoke any of the remedies permitted by the
Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this 14 Family Rider.
~~~"al)
~REB C LEY
MUlTlSTATE 1-4 FAMILY RIDER-fannie MaeIFrecldle Mac UNIFORM INSTRUMENT Form 3170 1/01
C> 1999-2002 Online Documents.lne. Page 3 of 3 F3170RlU
08-17-2004 14140
BK 1818PG3807
EXHlBrr A
LEGAL DESCRIPTION
ALL TIIA T CERTAIN piece or parcel of land, Hereditaments and Appurtenances, SITIJA TE, lying and being in the
Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet South ofthe Southerly side of 5th Street;
thence in a Southerly direction along the said Reno Street, a distance of27 1/2 feet to property of James A Green; thence
Westerly by the same, through the center of partition wall of a double frame dwelling house, a distance of75 feet to line
of Lot No. 31; thence Northerly by the same, a distance of 27 1/2 feet to a point; thence Easterly a distance of 75 feet to
the Westerly side of Reno Street, aforesaid, the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
BEING the same premises which Gordon H. Winter and Lillian V_Winter, husband and wife, by Indenture bearing date
the 5th day of April, AD. 1946 and recorded in the Office for the Recording of Deeds, in and for the County of
Cumberland, aforesaid, in Record Book E-13 page 179 &c., granted and conveyed unto Edward W. Kochenour and
Marian A Kochenour, husband and wife, in fee.
,FileN: 1l950S
VF.RIFlCA TION
Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN
AMRO MORTGAGE GROUP, INe. mortgage servicing agent for Plaintiff in this matter, that
he/she is authorized to take this Verification, and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best ofhis/her knowledge, information
and belief. 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.
DATE:
71*
Exhibit "B"
By: DANIEL O. SCHMIEG
" Identification No. 62205
One Penn Center at
Submban Station - Suite 1400
Philadelphia, P A 19103 Attorney for Plaintiff
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INe.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
VS.
: CUMBERLAND COUNp' ~
: COURT OF COMMONla.LE~
""(J e)""1 c....
'''1r" )>
---:;;> ---', -",-
: CIVIL DIVISION ~ S> "7"
~-c +
<
~F:'
'$-S
: NO. 05-3613 CML TERM.2 '"
Ul
-0
:x
'"
o
11
-l
::c
no ."
I
-nm
-""jO
~~) I
~:::-lO
~..- -,-.
~;:..- -.1';
(J-=~
zO
Om
~
:::0
-<
STEPHEN e. SHILEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO THE PROlliONOTARY:
Kindly enter Summary Judgment in favor of the Plaintiff and against STEPHEN C. SHILEY . Defendant( s)
in accordance with the Court's Order dated 10/28/05 . Assess Plaintiffs damages against STEPHEN C. SHILEY
as follows:
As set forth in the Order
Interest-7/14/05 to 10/28/05.
TOTAL
$72,060.46
$ 1,201.61
$73,262.07
.SC
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PRO PROTHY
KIO
VERIFICATION
Michele M. Bradford, 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 to Reassess
Damages 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. 94904 relating to unsworn
falsification to authorities.
DATE:~
By:
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. J.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
A ITORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief
in Support thereof were sent to the following individual on the date indicated below.
Stephen C. Shiley
430 Reno Ave
New Cumberland, Pa 17070
James M. Bach
352 South Sporting Hill Road
Mechanicsburg, P A 17050
Stephen C. Shiley
308 Deerfield Road
Camp Hill, P A 17011
DATE:
5 /1 /O(p
By:
o
~7;
r-.)
c=>
<:::)
~':'J""\
--
_..:i._
~..
-;:
o
-n
:r!, :JJ
"m
:Hq
(~~ (~)
:1: =\1
C) --
~.C)
.c" r11
L.!
--I
55
~
~
-h..
~
"".)
Ul
-,
~
. r
m THE COURT OF COM~~~~~~A~~UMBERLAND CO~~:Ye"l~~c~~/j \
ABN AMRO MORTGAGE GROUP, INC.
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
RULE
AND NOW, this
II., r
day of
)"I?~
2006, a Rule is entered upon the
Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Rule Returnable ~ft the
/0 dtiyJ o/fV J'.vClI~.
day of 1006, ell
. at tb~
Damages.
Cm:lM) CQm:thSl:l~G,
, P ~1111~ Y 1 v a.Ilia.'
BY THE COURT,
J.
I)~~
o
,1ft~
Vif\iV/\lAS'NN3d
Ul\lr""".',.~.,;"" -"""". '-"'''''...'~'no
' I \/i II.. J ' . .' ""'::Iji vi
L 5 =01 UV 91 J. VU 900l
AW10NOH10bd 3HL :10
3Oi3:lQ-(J:rlf:J
".
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. !.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the May 16,2006 Rule directing the
defendant to show cause within ten days was sent to the following individuals on the date
indicated below.
Stephen C. Shiley
430 Reno Ave
New Cumberland, Pa 17070
James M. Bach
352 South Sporting Hill Road
Mechanicsburg, P A 17050
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
Phelan Hallinan & Schmieg, LLP
5-6 'L- Qtp
DATE:
BY:~
Michele M. Bradford, Esquire
Attorney for Plaintiff
..
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Christine.sutch@fedphe.com
Christine M. Sutch
Representing Lenders in
Pennsylvania and New Jersey
May 22, 2006
Stephen C. Shiley
430 Reno Ave
New Cumberland, Pa 17070
RE: ABN AMRO MORTGAGE GROUP, INC. vs. Stephen C. Shiley and
Cumberland County CCP, No. 05-3613 Civil Term
Dear Defendant,
Enclosed please find a Rule Returnable dated May 16, 2006, providing you with Ten
days to respond to the Motion To Reassess Damages, from date of this letter.
n !J~ll Yours,
(di/fn(~Ch
Legal Assistant
Enclosure
or
./
. IN THE COURT OF CO~~N~Wv"A~~ CUMBERLAND coJ:~~-, 1006: - :c1
by: -~ >_
ABN AMRO MORTGAGE GROUP, INC.
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
RULE
AND NOW, this
/~-M
day of
2006, a Rule is entered upon the
Defendant to show cause why an Order should not be ente granting Plaintiff's Motion to Reassess
D=,g:'dW""'O""dlO~f~ ~ ~,
at (II"
County counnouse,
, ft;llll~ylva.u~l).
BY THE COURT,
J.
,- -
(')
G
"':"
CJ(..
r!'lf;1
-;'-L""
.0:........,
>',
(if)
-..... .
r::. :..
e,
(;~~
~
.
""
=
=
.""
o
'T.
--f
:J::n
n,C
-"" r
-1'1?
(:<:~}(')
:~T::' :~~
Sdc"'5
Ofn
~'-I
',,.
'.0
-<
::x
:z,..
-<
N
c.n
~
N
c.n
-;
..
SALE DATE: JUNE 7.2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ABN AMRO MORTGAGE GROUP, INC.
No.: 05-3613 CIVIL TERM
vs.
STEPHEN C. SHILEY
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
308 DEERFIELD ROAD. CAMP HILL. P A 17011.
As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
D~~~G1~
Attorney for Plaintiff
June 2,2006
'-
~BN AMRO MORTGAGE GROUP, INC.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
STEPHEN C. SHILEY
CIVIL DMSION
Defendant(s).
NO. 05-3613 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
ABN AMRO MORTGAGE GROUP. INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at .308 DEERFIELD ROAD. CAMP
HILL. PA 17011.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please in~icate)
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC
8201 GREENSBORO DRIVE
MCLEAN, VA 22102
'.
, -
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
W ACHOVIA BANK, N.A.
301 S. COLLEGE STREET, NC 0630
CHARLOTTE, NC 28288
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
308 DEERFIELD ROAD
CAMP HILL, PA 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
LO--
--.--- - ----
December 28. 2005
DATE
.~"
~
-h \
, '. . .''f\I\.):; I
---__ 1'M G. S . G, ESQUIRE
Attorney for Plaintiff
.~A~1fICVlI: JnlP .
ABN AMRO MORTGAGE GROUP, INC.
V5.
STEPHEN C. SHILEY
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S): STEPHEN C. SHILEY
PROPERTY: 430 RENO AVENUE
NEW CUMBERLAND, PA 17070
Improvements: Residential dwelling
Judgment Amount: $73,262.07
CUMBERLAND COUNTY
NO. 05-3613 CIVIL TERM
The above-captioned property is scheduled to be sold at the Cumberland County
Sheriffs Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street,
Carlisle, P A at 10:00 a.m..
Our records indicate that you may hold a mortgage, judgment, or other interest on the property,
which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If
you have any questions regarding the type of lien or the effect of the SherifI's Sale upon your lien, we
urge you to CONTACI' YOUR OWN ATTORNEY, as we are not permitted to give you legal advice.
The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions
are filed thereto within 10 days after the filing of the schedule.
.
~~g.!f;l
g 8='1 ..
"in~~ e:
:!!..~ i
i I. iJ. 5
CIJ ;; g g.
~t.;;;g,;
.", "'8'""
Sl .8!l e
J..,. ~~ :.
g'iill ~.2
~l~ ~i
8 14'ii I 0
(i ... g '"
iill:i:!>fZ~
~!t~i
., i ., a
ii 'f'"
~. <I &.
li . III Ej'
2.t.~li
it .dl
-. eo a.
-;; ..,' II ~
aiil ~ i
!:J.a~.
e-ngli
.ggfj!2.
[igi
Ifill g'~
I fl',
. ~ ~ .
a 1-14'
~ t.
H .~
g'lr~ .
E::~8'"
~~l~
E::14'"<I5!:
~ -."
!. g ~
::9.(;1
gg ~ ....... ........ .- ........ ........
"z VI ~ W N - 0
[i
~g,
(
i~ ~
!f ~
a 0 ~
oi 0
~H t"/)
~
~
[11"0 ,...
.a a "'J
Ii
~Ji
"0
~
i
o
'""
g'
g
j:
,
'i
i
t-<
\0 00 -..J 0\ VI ~ W N _ S'
(l)
tl ~
~ @
;r1 0
<
t"/) :;
e
~ ~
J~~
W
VI
~ ~
(')
~ ~
::x: ~
t"/) 0
~ ~
~ ~
v tI1
fIl .>-l
N Z
o (')
~ 0
0\
....
.0
~
c;"
CD
z
c
3
go
CD
...
0>2:
~Q.to)
ooQ.B
tD ""l tD
= ~ to)
Q.I'I>=
~ Q.
""d......O~
g;~~~
fl)-....J~l:""
g.c:~>
-oliSZ
!~i~
>~~t""'
::O(1)~~
0% VJ >
~ttjg.Z
~~t~
~~cnVJ
OQ..S'()
~v g.g1
:;g~::s~
~~. 0
~~ ~
t;ljo ""d
E
t"/)
......,
=
c=='
cr
L-
c.::
~
~;,-
,
c.Jl
~
::;.....
..;:.-
cs
.'
::::\
~
o
();
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. J.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
MOTION TO MAKE RULE ABSOLUTE
Citim ABN AMRO MORTGAGE GROUP, INC. by and through its attorney, Michele M. Bradford, Esquire,
hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in
support thereof avers as follows:
1. That it is the Plaintiff in this action.
2. A Motion to Reassess Damages was filed with the Court on May 9, 2006.
3. A Rule was entered by the Court on or about May 16,2006 directing the Defendants to
show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the
Rule is attached hereto, made apart hereof, and marked Exhibit "A".
4. The Rule to Show Cause was timely served upon all parties on or about May 22, 2006 in
accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of
Service of the rule is attached hereto, and made part hereof, and marked Exhibit "B".
5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 2,
2006.
WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and
grant Plaintiffs Motion to Reassess Damages.
PHELAN HALLINAN & SCHMIEG, LLP
Lo,- ~- O<P
~
Michele M. Bradford, Esquire
Attorney for the Plaintiff
Date
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. J.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
A Motion to Reassess Damages was filed with the Court on May 9, 2006. A Rule was
entered by the Court on or about May 16, 2006 directing the Defendants to show cause why the
Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served
upon all parties on May 22, 2006 in accordance with the applicable rules of civil procedure.
Defendants failed to respond or otherwise plead by the Rule Returnable date of June 2,2006.
WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff s Motion to Reassess Damages.
PHELAN HALLINAN & SCHMIEG, LLP
(p,-C:; -Of;
Date
~
Michele M. Bradford, Esquire
Attorney for the Plaintiff
Exhibit "A"
/'
. IN THE COURT OF COMMON PLEAS OF CUMBERLAND C01TY MAY I 2 l006
. PENNSYLVANIA
____ BY: -- '
ABN AMRO MORTGAGE GROUP, INe.
Court of Conunon Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen e. Shiley~.....
No. 05-3613 Civil Term
Defendant
RULE
AND NOW, this
/t-M
day of
2006, a Rule is entered upon the
Defendant to show cause why an Order should not be ente granting Plaintiffs Motion to Reassess
Dama:~ltaw,"mlcm'dl:O~f4M ~ ~l aI me
County courthouse,
, 't::IUl~ylvauilt.
J.
1,,--
Exhibit "B"
/
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. LD. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN A.MRO MORTGAGE GROUP, INe.
A TIORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the May 16, 2006 Rule directing the
defendant to show cause within ten days was sent to the following individuals on the date
indicated below.
Stephen C. Shiley
430 Reno Ave
New Cumberland, Pa 17070
James M. Bach
352 South Sporting Hill Road
Mechanicsburg, P A 17050
Stephen C. Shiley
308 Deerfield Road
Camp Hill, P A 17011
Phelan Hallinan & Schmieg, LLP
5---~ L~O(P
DATE:
BY:~
Michele M. Bradford, Esquire
Attorney for Plaintiff
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to take this verification, and that the statements made in the
foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities.
{p r S - 04
Date
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. tD. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRa MORTGAGE GROUP, INC,
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and
Brief in Support thereof was served upon the following interested parties via first class mai I on the date
indicated below:
Stephen C. Shiley
430 Reno Ave
New Cumberland, Pa 17070
James M. Bach
352 South Sporting Hill Road
Mechanicsburg, P A 17050
Stephen C, Shiley
308 Deerfield Road
Camp Hill, PA 17011
G~~-o(p
Date:
~
Attorney for Plaintiff
C',
C.'~
;~::'"
l'~
c.:..;;"
"-">
0'""
o
"
--I
I:n
rnr=-
-0111
: cJ C}
"'
'...ojt -)
,.,j ~~~~
:5"1
~&
=<
c......
c
- "'.,
."';;;.....
,
ell
-rj
-,.,..
N
f'0
a
RECEIVED JUN 07 ZOO6y-- ~
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. LD. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, fNC.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
No. 05-3613 Civil Term
Defendant
ORDER
AND NOW, this l' day of 1-.L ,2006, upon consideration of Plaintiffs Motion to
Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants
shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained
matter is hereby GRANTED as follows:
Principal Balance
Interest Through 617106
Per Diem $ \ 1 .23
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Property Inspections
AppraisallBPO
M1PIPM1
NSF
SuspenselMisc. Credits
Escrow Deficit
$68,344.74
$5,534.93
TOTAL
$99.00
$1,500,00
$862.00
$1,500.00
$1,383.55
$85,00
$29.37
$0.00
$0.00
$1.429.83
$80,768.42
BY THE COURT:
l)\D
,\~
t)\si
1.
!';'-;8
IS :6 HV G- nnr 90DZ
AH/lur<<}--'_J.:<-:':d 3H1 :10
:l-:,)i:~,! O"-{TJi i:i
PHELAN HALLINAN & SCHMIEG, LLP
BY: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 J.F.K. Blvd., Suite 1400
Philadelphia, P A 19103-1814
(215) 563-7000
Attorney for Plaintiff
ABN AMRO Mortgage Group, Inc.,
7159 Corklan Drive
Jacksonville, FL 32258 4455
Court of Common Pleas
Civil Division
vs.
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, P A 17011
No, 05-3613
PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE
Plaintiff, ABN AMRO Mortgage Group, Inc" by, and through its attorneys, Phelan Hallinan & Schmieg,
LLP,respectfully requests that this Honorable Court enter an Order setting aside the June 7, 2006 Sheriffs sale
of the property located at 430 Reno A venue, New Cumberland, P A 17070 and in support thereof avers as
follows:
1. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage
foreclosure action on October 28,2005.
2. Pursuant to a Writ of Execution issued on January 4, 2006 to enforce the judgment, the
mortgaged premises was sold to Plaintiff at the Cumberland County Sheriffs sale held on June 7, 2006.
3. Prior to Sheriffs Sale, Plaintiffreceived a short payoff on the property, and the property
should not have been sold.
4. Defendant followed the proper procedure to prevent the sale of his property and should not
penalized as Defendant paid off the mortgage.
~
, .
5. It is therefore appropriate for the Sheriff s sale to be set aside.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside
the June 7, 2006 Sheriffs sale.
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
Date:
~\\1\ot
Jeni e . Davey, Esquir
Attorney for Plaintiff
#
PHELAN HALLINAN & SCHMIEG, LLP
BY: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 J.F.K. Blvd" Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
ABN AMRO Mortgage Group, Inc.,
7159 Corklan Drive
Jacksonville, FL 32258 4455
Court of Common Pleas
Civil Division
vs,
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
No. 05-3613
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the Plaintiffs Motion to Set Aside Sheriffs Sale, Memorandum
of Law in Support thereof, Verification, and proposed Order were served by U.S. first class mail on all parties on
the date listed below:
Stephen C. Shiley
308 Deerfield Road
Square
Camp Hill, PA 17011
Sheriff of Cumberland County
Cumberland County Courthouse, One Courthouse
Carlisle, P A 17013-3387
Date
C\ \\'<\ \)\,
.
PHELAN HALLINAN & SCHMIEG, LLP
BY: JENINE R. D~, ESQUIRE
Identification No. 129
One Penn Center at u urban Station
1617 J.F.K. Blvd., Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
ABN AMRO Mortgage Group, Inc.,
7159 Corklan Drive
Jacksonville, FL 32258 4455
Court of Common Pleas
Civil Division
vs.
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
No. 05-3613
BRIEF IN SUPPORT OF PLAINTIFF'S
MOTION TO SET ASIDE SHERIFF'S SALE
I. FACTUAL BACKGROUND
An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure
action on October 28,2005. Pursuant to a Writ of Execution issued on January 4,2006 to enforce the judgment,
the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriffs sale held on June 7, 2006.
Prior to Sheriffs Sale, Defendant received a short payoff on the property, and the property should not have
been sold. Plaintiff followed the proper procedure to prevent the sale of his property and should not penalized as
Plaintiff paid off the mortgage. It is therefore appropriate for the Sheriffs sale to be set aside.
II. LEGAL AUTHORITY
A. Settine: Aside a Sheriffs Sale
Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriff's
sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch
Mortg. Capital vs. Steele, 2004 Pa.Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607,
611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached petition, Plaintiff has
demonstrated proper cause to set aside the Sheriff's sale. Accordingly, the Court has the authority to set aside
the instant Sheriff's sale. Setting aside the Sheriff's sale will not harm any party. Rather, it will benefit all
interested parties.
B. Relief in Aid of E1ecution
Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution".
National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.PI 1981). Specifically, the rule
provides, inter alia:
(a) On petition of the plaintiff, after notice and hearing, the court in
which a judgment has been entered may, before or after the issuance of a
writ of execution, enter an order against any party or person. . .
(3) directing the defendant or any other party or person to take such
action as the court may direct to preserve collateral security for property of
the defendant levied upon or attached, or any security interest levied upon or attached; . . . (6)
granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a).
The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1)
the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I.
Kaplan Inc., 422 Pa, Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying
judgment was entered in favor of the Plaintiff and against the Defendant. Moreover, it is also clear that the
mortgaged property was property of the Defendant and subject to attachment and execution. Therefore, the
Plaintiff is entitled to invoke Rule 3118 in support of its motion, and the court has jurisdiction over this matter.
,.
C. Equitable Principles
This Court has plenary power to administer equity according to well-settled principles of equity
jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa, Super. 101
(1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon
them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v.
Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity
powers is appropriate and necessary. Plaintiff is requesting the entry ofa court order setting aside its June 7,
2006 Sheriffs sale.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside
the June 7, 2006 Sheriffs sale.
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
II
.~
1617 JFK Boulevard
Suite 1400
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-4491
Email: jenine.davey@fedphe.com
Jenine R. Davey, Esquire
Litigation Department
Representing Lenders in
Pennsylvania & New Jersey*
DATE:
September 11, 2006
TO:
Attn: ABN AMRa Mortgage Group, Inc., Foreclosure Department
RE: Stephen C. Shiley
Account No. 0645907889
MEMORANDUM
Please be advised that the Defendant filed a Chapter bankruptcy before the property was sold at
Sheriffs sale, unbeknownst to us. The Sheriffs sale inadvertently occurred in violation of the automatic stay,
which required us to file a Motion to Set Aside the Sheriffs Sale. If you have any questions please feel free to
contact me.
Very truly yours,
Jenine R. Davey, Esquire
DATE:
TO:
FROM:
RE:
MEMORANDUM
September 11, 2006
Billing Department
Jenine R. Davey
Stephen C. Shiley - Acct # 0645907889
Please bill the above captioned file for the following:
Reply to New Matter
Motion for Summary Judgment
Response to Preliminary Objections
Mandatory Court Appearance
Consent Judgment
Trial Praecipe
FDCPA LTR
Motion Filing Fee
X Motion to Set Aside Sale Fee: $ 450.00
Other:
Foreclosure
Bankruptcy
Litigation
After Sale
Complaint Filed
Writ entered - Property listed for sale
After Sale - Sold Attorney on the Writ
Sheriff's Sale Stayed
Reinstatement! Payoff/Short Payoff (send file)
Close and Bill (send file) Reason:
Bankruptcy filed (send file)
Other: Fee:
Proof of Claim
Objection to Plan
Motion for Relief Fee:
Transfer Tax
Recording of Deed
Water/Sewer
Taxes
Preparation of Deed
Other:
Fee:
PRIOR APPROVAL REOUEST FORM
TO: PHELAN HALLINAN & SCHMIEG. LLP
AnN: Jenine R. Davey, Esquire
FAX NO. (215) 5634491
RE:
Stephen C. Shiley
.ACCOUNT NO: 0645907889
GENERAL FORECLOSURE
Fees;
MOllON TO AMEND COMPLAINT
MOTION FOR SPECIAL SERVICE OF COMPLAINT
MOTION FOR SPECIAL SERVICE OF NOTICE OF SALE
ADDmONAL SALE
MOTION TO POSTPONE SALE
MOllON TO REASSESS DAMAGES
MOTION FOR SUBSTITUTION OF PARTY PLAINTIFF
OTHER:
S3OO.00 S175.00
S250.00 S175.00
$250.00 $175.00
$300.00 S175.OO
S3oo.00 S175.oo
S3oo.oo $175.00
$300.00 $175.00
S
$
Fees:
ANSWER TO COUNTERCLAIM
PRELIMINARY OBJECTIONS TO COUNTERCLAIM
MOTION FOR SUMMARY JUDGMENT
_ REQUESTS FOR ADMISSION
INTERRROGA TORIES
_ PRODUCTION REQUESTS
MOTION TO COMPEL DISCOVERY
REPLY TO NEW MATTER
MANDATORY COURT APPEARANCE
_ HOURLY BILLING ($150.00IHOUR FOR 2 - 15 HOURS
SETTLEMENT NEGOTIATIONS AND PREPARATION FOR TRIAL)
~ MOTION TO SET ASIDE SALE $450.00
$150.00
$250.00
$500.00
$250.00
$350.00
$250.00
$350.00
$200.00
$150.00
Q!m:
MOllON FILING COSTS
MANDATORY PLEADING FILING
OTHER:
$ 30.00
$ 50.00
$
Fees and costs outlined in the Prior Approval Request above have been approved. Proceed with the necessary litigation work.
Date:
By:
Print Name & Title:
(Jacksonville, FL)
. .
.
VERIFICATION
Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is
authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriffs
Sale are true and correct to the best of her knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsifications to authorities.
PHELAN HALLINAN & SCHMIEG, LLP
. Davey, Esquire
y for Plaintiff
t--...
t--- .~~
" )
~-i"i
.,
i
c)
~'~)
, ,
. -,"-,~
-J
, -
I~' ';=-4" (~':j' :;0-'-:;-'- ~ 0\'.
,.C_",-_ j \
SEP 1 Q 2006
BY :=fJ!1!L~~-_.....
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ABN AMRO Mortgage Group, Inc.,
7159 Corklan Drive
Jacksonville, FL 32258 4455
Court of Common Pleas
Civil Division
vs.
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
No. 05-3613
ORDER
AND NOW, this
..
Z. J day of
~~
,2006, upon consideration of Plaintiffs Motion to
Set Aside Sheriffs Sale and Defendant's Response thereto, if any, it is hereby
ORDERED and DECREED that Plaintiffs Motion is granted; and
ORDERED and DECREED that the June 7, 2006 Sheriffs sale of the property at 430 Reno Avenue,
New Cumberland, P A 17070 is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution
and return it to the Office of the Prothonotary.
BY THE COURT:
,4d
1.
f)\9
~
~'?f
Q
I I ~/YljJ\7NJNN3d
".! I ^ Inl ," , 11; '; _'j '''',...,
'-l..IVi Ivu "['.',"1 :"{.i/'i'fJl.1n....
....".yv, IV
"':B I(V Zz ,{lS 900Z
AtiV.J.ONO;'1.1.0&d #Hi. :10
3OIi-!0-(j37/:f
ABN AMRO Mortgage Group, Inc.
VS
Shephen C. Shiley
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-3613 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to order of court dated September 21, 2006 that directs the
Sheriff to set aside the sale held on June 7, 2006.
Sheriffs Costs:
Docketing
Surcharge
Prothonotary
Law Library
Poundage
Advertising
Levy
Posting Handbills
Auctioneer
Mileage
Certified Mail
Share of Bills
Patriot News
Law Journal
30.00
20.00
1.00
.50
16.31
15.00
15.00
15.00
10.00
29.92
3.09
19.57
297.80
359.00
$ 832.19
/ IO)f) (,/tJ(, Q-
//~~
R. Thomas Kline, Sheriff
" SV
I.
Ck. )'5' ? 1/
~ I ~ 3C,t{~
03/07/06 Tl~ 09:25 FAX 2155633826
PHELAN HALLINAN &SCBMIEG
~OOl
ABN AMRO MORTGAGE GROUP, INC.
,. CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
Defendant(s}.
CIVIL DIVISION
NO. 05-3613 CIVIL TERM
STEPHEN C. SIDLEY
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
ABN AMRO MORTGAGE GROUP. INC.. Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE) sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at .430 RENO DRIVE. NEW
CUMBERLAND. P A 17070.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEPHEN C. SHILEY
3.08 DEERFIELD ROAD
CAMP HILL, P A 17011
2. Name and address ofDefendant(s) in the judgment:
Same as above
3 . Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MORTGAGE ELECT.RONIC
REGISTRATION SYSTEMS, lNe
8201 GREENSBORO DRIVE
MCLEAN, VA 22102
03/07/06 11m 09:25 FAX 2155633826
PHELAN HALLINAN &SCHMIEG
~002
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained., please indicate)
W ACHOVIA BANK, N.A.
301 S. COLLEGE STREET, NC 0630
CHARLOTTE, NC 28288
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained., please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained. please indicate)
None
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale: '
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
430 RENO DRIVE
NEW CUMBERLAND, PA 17070
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statemeots made in this affidavit are true and correct to the best of my personal
knowledge or information and belief I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 7.2006
DATE
03/01/06 WED 11:08 FAX 2155633826
PHELAN HALLINAN &SCHMIEG
141002
,
v.
, CUMBERLAND COUNTY
No. 05-3613 CIVIL TERM
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
STEPHEN C. SIDLEY
DefeJldant(s ).
March 1, 2006
TO: STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
**1111S FIRM IS A DEBT COLLECTOR A ITEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DiSCHARGE IN
BANKRUPTCY AND TEllS DEBT WAS NOT REAFFIRMED. THIs IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN AITEMPTTO COLLECT A. DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY-**'
Your house (real estate) at ~ 430 RENO A VENUE~ NEW CUMBERLAND4 P A 17070. is
scheduled to be sold at the Sheriff's Sale on JUNE ". 2006 at 1 0:00 a.m. in the Cumberland County
Courthouse, South Hanover Street. Carlisle, PA 17013, to enforce the court judgment of$73~62.07
obtained by ABN AMRO MORTGAGE GROUP. INC. (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SA T ,F.
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: {US) 563-7000.
2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through. other legal proceedings.
03/01/06 WED 11:09 FAX 2155633826
PHELAN HALLINAN &SCHMIEG
~003
~
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See noti,ce on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SAl,E DOES TAKE PLACE.
1. Ifth,e Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
.find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to. set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened. you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Shc~ you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also hav:e other rights and defenses) or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURmOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 996-9108
03/01/06 WED 11:09 FAX 2155633826
ALL THA T CERTAIN piece or parcel of land, Hereditaments and Appurtenances, SITUATE, lying
and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follo~s, to wit
PHELAN HALLINAN &SCHMIEG
14J 004
BEGINNING at a point on the Westerly side of Reno Street, distant 96 feet Soutb of the Southerly
side of 5th StTeet; thence in a Southerly direction along the said Reno Str~et, a distance of 27 1/2 feet
to property of James A. Green; thence Westerly by the same, through the center of partition wall of a
double frame dwelling house. a. distance of75 feet to line of Lot No, 31; thence Northerly by the
same, a distance of27 1/2 feet to a point; thence Easterly a distance of75 feet to the Westerly side of
Reno Street, aforesaid; the point or place of beginning. Having thereon erected a 2 1/2 story frame
dwelling House No. 430 Reno Street, New Cumberland Pennsylvania.
. BEING tbe same premises which Gordon R Winter and Lillian V. Winter, husband and wife, by
Indenture bearing date the Sth day of April, A-D. 1946 and recorded in the Office for the Recording
of Deeds, in and for the County of Cumberland, aforesaid, in Record Book B-13 page 179 &c..
. granted and conveyed unto Edward W. Koohenour and Marian A_ Kochcnour, husband and wife, in
fee.
Being Parcel # 25-24-0811-251
:, TITLE TO SAID' PREMISES IS VESIBD IN Stephen C. Shiley, by Deed from Sarah L. ~rickey,
! Executrix oftbe Estate' of Marian A. Kocbenour, deceased, dated 4-27-00. recorded 5-3-00 lD Deed
Book 220, page 659. .
. Premi~es: 430'Reno Avenue, New Cumberland;'}) A 1'7070
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
.
N005-3613 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s)
From STEPHEN C. SIDLEY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DISCRlPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$72,060.46 L.L.$.50
Interest 7/14/05 to 10/28/05 $1,201.61 Interest from 10/28/05 to June 7, 2006 per diem $12.04
$2,672.88
Arty's Comm %
Arty Paid $157.40
Plaintiff Paid
Date: January 4, 2006
Due Prothy $1.00
Other Costs
(Seal)
~9-,
By:
Deputy
REQUESTING PARTY:
Name Daniel G. Schmieg, Esq.
Address: One Penn Ceter at Suburban Station
1617 John F. Kennedy Blvd. Suite 1400
Philadelphia, PA 19103-1814
Attorney for: Plaintiff
Telephone: 215-563-7000
Supreme Court ill No. 62205
I6D
~
~
~
~)
Real Estate Sale # 29
On March 06, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, P A
Known and numbered as 430 Reno Avenue,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 06, 2006
By:
\j6dy~,~
Real Estate Sergeant
OE :11 'V S- NVr qOOZ
\1'd ')"lNnOJ Olf,rnnaWnJ
J.:JIM3HS 3Hl .:10 3JI.:f.:lO
. ,
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a cOIporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the
3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
S ALE #29
.
NOT Y PUBLIC
My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
88.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
April 7, 14,21,2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
21 day of April. 2006
N:JL,P '.'.. ::;t:Al
LO'~ C:;. ;:'!\'~ER, :1J\:..ry Public
Cr.i;if.+:: Ek:d, Cum be I .. i Coun'y
rv~V r',',~rch -5: ""'~-08
REAL ESTATZ SALE NO. 29
Writ No. 2005-3613 CiVil
ABN Amro Mortgage Group, Inc.
vs.
Stephen C. Shiley
Atty.: Daniel Schmieg
ALL THAT CERTAIN piece or
parcel of land, Hereditaments and
Appurtenances, SITUATE, lying and
being in the Borough of New
Cumberland, County of Cumberland
and State of Pennsylvania, more
particularly bounded and described
as follows, to wit:
BEGINNING at a point on the
Westerly side of Reno Street, dis-
tant 96 feet South of the Southerly
side of 5th Street; thence in a South-
erly direction along the said Reno
Street, a distance of 27 1/2 feet to
property of James A. Green; thence
Westerly by the same, through the
center of partition wall of a double
frame dwelling house, a distance of
75 feet to line of Lot No. 31; thence
Northerly by the same, a distance
of 27 1/2 feet to a point; thence
Easterly a distance of 75 feet to the
Westerly side of Reno Street, afore-
said, the point or place of begin-
ning. Having thereon erected a 2
1/2 story frame dwelling House No.
430 Reno Street, New Cumberland
Pennsylvania.
BEING the same premises which
Gordon H. Winter and Lillian V.
Winter, husband and wife, by In-
denture bearing date the 5th day of
April, A.D. 1946 and recorded in
the Office for the Recording of
Deeds, in and for the County of
Cumberland, aforesaid, in Record
Book E-13 page 179 &c., granted
and conveyed unto Edward W.
Kochenour and Marian A. Koch-
enour, husband and Wife, in fee.
Being Parcel # 25-24-0811-251
TITLE TO SAID PREMISES IS
VESl'ED ~N Stephen C. ShUey, by
Deed from Sarah L. Brickey, Ex-
ecutrix of the Estate of Marian A.
Kochenour, deceased, dated 4-27-
00, recorded 5-3-00 in Deed Book
220, page 659.
Premises: 308 Deerfield Road,
Camp HIll, PA 17011.
REe',n ' "~
SEP ;'Q 2006 L(
BY:_JJjl I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ABN AMRO Mortgage Group, Inc.,
7159 Corklan Drive
Jacksonville, FL 32258 4455
Court of Common Pleas
Civil Division
vs.
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
No. 05-3613
ORDER
AND NOW, this
..
Z I day of
,4~
,2006, upon consideration of Plaintiffs Motion to
Set Aside Sheriffs Sale and Defendant's Response thereto, if any, it is hereby
ORDERED and DECREED that Plaintiffs Motion is granted; and
ORDERED and DECREED that the June 7, 2006 Sheriffs sale of the property at 430 Reno Avenue,
New Cumberland, PA 17070 is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution
and return it to the Office of the Prothonotary.
BY THE COURT:
.44
J.
J:J\9
~{ff
\)