HomeMy WebLinkAbout06-0938UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
.com
JPMorgan Chase Bank, as
Trustee
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
v.
William F. Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
NO. a? - 921
COMPLAINT IN MORTGAGE FORECLOSURE
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.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
AVISO
Le han demandado a usted en la Corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la Corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la Corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la Corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisioner de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Mortgage Electronic Registration Systems, Inc.
Assignments of Record to: JPMorgan Chase Bank, as Trustee
Recording Date: LODGED FOR RECORDING
2. Defendant (s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 210 South 2nd Street
MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Wormleysburg
COUNTY: Cumberland
DATE EXECUTED: 09/26/03
DATE RECORDED: 09/30/03 BOOK: 1838 PAGE: 3783
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
(b)
6.
2/8/06:
principal and interest when due in the amounts indicated
below;
by failing or refusing to pay other charges, if any,
indicated below.
The following amounts are due on the said Mortgage as of
Principal of debt due
Unpaid Interest at 7.290
from 7/6/05
to 2/8/06
(the per diem interest accruing on
this debt is $24.27 and that sum
should be added each day after
2/8/06)
Title Report
Court Costs (anticipated, excluding
Sheriff's Sale costs)
Late Charges
(monthlyy late charge of $41.97
should be added in accordance
with the terms of the note
each month after 2/8/06)
Attorneys Fees (anticipated and actual
to 50 of principal)
TOTAL
$119,851.96
5,266.59
325.00
280.00
251.82
5,992.60
$131,967.97
* This interest rate is subject to adjustment as more fully set
forth in the Note and Mortgage.
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriffs Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $131,967.97 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J. Udren, ESQUIRE
UDREN LAW OFFICES, P.C.
Attorney for Plaintiff
Attorney I.D. No. 04302
m
tr
1,6AN POLICY
Order No.: 000015403
Policy No.: M-9994-6770873
SCHEDULE A CONTINUED
Legal Description
ALL THAT CERTAIN tract or lot of land with the buildings and
improvements thereon erected situate in the Borough Of Wormleysburg,
Cumberland County, Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the west side of South Second Street, said
point being a distance of 47.5 feet measured in a northerly direction.
along Second Street from the northerly line of an alley; thence in a
westerly direction along a line at right angles to Second Street and
along lands now or formerly of the Northern Central Railway Company;
thence in a northerly direction along lands now or formerly of the
Northern Central Railway Company, 45 feet, more or less, to a point on
line of lands now or formerly of J. Nevin Haas, et ux; thence in an
easterly direction by the last mentioned lands and at right angles to
South Second Street, 79 feet, more or less, to a point on the westerly
line of South Second Street; thence in a southerly direction along
South Second Street, 45 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a residential dwelling known as 210 South Second
Street, Wormleysburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and
conditions of record.
Thi9 policy is invalid unluaa tha insuring proviniona and Schaduloe A and B era attached
Stewart Title Guaranty Company
October 10, 2005
Requested
William F Dodson Jr
210 South 2nd Street
Wormleysburg, PA 17043
Certified Mail, Return Receipt
Re: Property Address: 210 South 2nd Street Loan Number: 0436770333
Worrnleysburg, PA 17043
It is our understanding that you may have received a discharge by virtue of a Chapter 7 bankruptcy filing.
This discharge affects only your personal liability with respect to this loan. The lender retains certain
rights, including the right to foreclose on its lien on the property if the loan is in default.
A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action
required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan
agreement. As of the date of this letter the total amount due is $ 2,313.56. That sum includes the
following:
3 payments totaling: $ 2,518.02
Late charges: $ 167.88
Other fees and/or costs: N/A
Unapplied Funds $ 372.34
The total amount due, shown above, is subject to further increases for additional monthly payments, late
charges, attorney fees and/or other fees and costs which may become due after the date of this letter.
Hence, if the amount shown above is paid, an adjustment may be necessary after we receive the
payment, in which event we will inform you before depositing the payment. If there is any doubt as to the
amount necessary to cure the default, you should contact us at 1.800.206.2901.
TO CURE THIS DEFAULT, SEND YOUR PAYMENT BY November 09, 2005 USING A CASHIER'S
CHECK, CERTIFIED CHECK, OR WESTERN UNION IN THE AMOUNT OF $ 2,313.56, PLUS ANY
ADDITIONAL AMOUNTS WHICH MAY HAVE BECOME DUE, TO THE FOLLOWING ADDRESS: P.O.
Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite
100 Phoenix, AZ 85034-9700.
If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further
notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the
Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the
property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of
the loan may be permitted up to the time of sale by paying the past due monthly payments and other
sums then due under the Mortgage/Deed of Trust loan agreement and by complying with all terms of
reinstatement.
We are entitled to collect all expenses that we incur in pursuing these remedies, including but not limited
to reasonable attorneys fees and costs, trustee's fees, and expenses pertaining to documentary
evidence, abstracts and title reports,
If the loan is accelerated, you may have the right to reinstate the loan after acceleration. You have the
right to assert in the foreclosure proceeding, and/or the right to bring a court action to assert, the non-
existence of a default or any other defense you may have to the acceleration of the loan and sale of your
property.
r-XHjRl
We are committed to working with you to resolve this matter. A Homecomings Loan Counselor may be
able to provide assistance, and can be reached at the number below. If you are in need of financial
advice, you may contact the Federal Department of Housing and Urban Development (HUD) to obtain a
list of approved loan counseling agencies. HUD may be reached, toll free, at 800-569-4287. If the
delinquency is due to disability or death and you purchased life and/or accident/health insurance on the
injured or deceased party, contact us immediately so that a claim evaluation can be initiated promptly.
Please give this matter the attention it warrants. This is not an attempt to collect a debt from you
personally but is sent to notify you that acceleration and foreclosure will occurif the defau/tis not cured
Loan Counseling Department
Homecomings Financial
800-206-2901
'Homeownership counseling is available to you through the 'Credit Counseling Resource Center (CCRC), an alliance of consumer
credit counseling agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues,
including how to reduce debt and improve cash flow management capabilities. You may contact them at 1 877.806.0775 for
assistance at no cost to you, or you may wish to contact HUD-approved housing counseling agency, by calling 1.800.569.4287 for
further information.
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your
home This Notice explains how the program works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
30 DAYS OF TH DATE OF THIS NOTICE Take this notice with you when You meet with the Counseling
Agency.
This Notice contains important legal information. If you have any questions, representatives atthe 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.
Date: October 10, 2005
TO: William F Dodson Jr
210 South 2nd Street
Wormleysburg, PA 17043
Premises: 210 South 2nd Street
Wormleysburg, PA 17043
Re: Loan Number: 0436770333
FROM: Homecomings Financial
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO
PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
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 consumer credit counseling agencies listed atthe
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY
TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after
the date of this meeting. The names, addresses and telephone numbers of designated consumer credit
counseling agencies for the county in which the property 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 immediately 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 financial assistance
from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a
completed Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have
applications for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of yourface-
to-face meeting
LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE
HomeComings Financial
Attn: Ryan Ramos
9350 Waxie Way Ste. 100
San Diego, CA. 92123
Fax: 858-514-5516
ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE
ABOVE REFERENCED ADDRESS.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS 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 wilt be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at.
210 South 2nd Street , Wormleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HA VF NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts sire now pest due'.
Monthly payments from 08/06/05 to 10/06/05 totaling: $ 2,518.02
Late Charges: $ 167.88
Other fees and/or costs (including NSF charges and property inspections): N/A
LESS: Unapplied Funds: $ 372.34
TOTAL $ 2,313.56
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this
Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 2.313.56. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cash cashier's check certified check or money order made
payable and sent to
Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT
TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance
to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your
mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged properly will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period you will not be required to nav
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs
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 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:
Homecomings Financial
2711 N. Haskell, Suite 900
Dallas, TX 75204
Attn: Loan Counseling Department
Phone: 1.800.206.2901
EFFECT OF THE 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 started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may be able to 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 RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT,
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
Loan Counseling Department
Enclosure(s)
List of Counseling Agencies
V E R I F I C A T I O N
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Mark J. dren, ESQUIRE
UDREN LAW OFFICES, P.C.
is.
1
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
JP MORGAN CHASE BANK, as Trustee,
CIVIL DIVISION
Plaintiff Case No.: 06-938 Civil Term
vs.
WILLIAM F. DODSON, JR.,
Defendant(s)
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr.,
Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure:
1. Paragraphs 4, 5 and 6 of the complaint are denied. Specifically, it is denied
that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late
charges, and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this
information is exclusively within the control of the plaintiff and strict proof thereof is demanded
at time of trial.
NEW MATTER - AFFIRMATIVE DEFENSES
The answering Defendant(s) will rely upon all of the following defenses:
1. Plaintiff's cause of action is in violation of the Fair Debt Collection Practices
Act, 15 USC 1692-1692a.
2. Plaintiff's cause of action is barred in whole or in part by the doctrines of
waiver and estoppel.
3. Plaintiffs cause of action has not been processed in a timely manner and is
barred in whole or in part by the doctrine of laches.
WHEREFORE, the Defendant(s) pray(s) that Plaintiffs complaint be dismissed or, in
the alternative, this action be delayed for ninety (90) days until the Defendant(s) can bring the
mortgage current.
Frank E. Youric Jr., Esquire
Attorney for Defendant(s)
Pa. ID # 00245
P.O. Box 644
Murrysville, PA 15668
(412) 243-5698
CERTIFICATE OF SERVICE
I certify that on the 27th day of March, 2006, I served a copy of the Answer to
Plaintiffs Complaint upon the following by US first class mail, postage prepaid:
Mark Udren, Esquire
WOODCREST CORPORATE CENTER
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
Frank E. Yourick, r., Esquire
Attorney for Defendant(s)
P.O. Box 644
Murrysville, PA 15668
(412) 243-5698
PAID No.: 00245
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00938 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK
VS
DODSON WILLIAM F JR
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
DODSON WILLIAM F JR the
DEFENDANT , at 1812:00 HOURS, on the 27th day of February , 2006
at 210 SOUTH 2ND STREET
WORMLEYSBURG, PA 17043
by handing to
WILLIAM DODSON JR
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.08
Affidavit .00
Surcharge 10.00
.00
42.08
Sworn and Subscribed to before
me this a)IAA' day of
100( 'OL. D.
rotho ry
So Answers:
R. Thomas Kline
02/28/2006
UDREN LAW OFFICE
B T?iYAtt.l?
Deputy Sheriff
01
I
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
ATTORNEY FOR PLAINTIFF
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
JPMorgan Chase Bank, as Trustee
Plaintiff
COURT OF COMMON PLEAS
CIVIL, DIVISION
Cumberland County
V.
Defendant
NO. 06-938 Civil Term
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
1. Denied. This averment is denied as a conclusion of law to which no response
William F. Dodson, Jr.
is required. Plaintiff acted appropriately in its dealings with Defendant and complied with the
relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note.
2. Denied. This averment is denied as a conclusion of law to which no response
is required. Plaintiff acted appropriately in its dealings with Defendant and complied with the
relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note.
3. Denied. This averment is denied as a conclusion of law to which no response
is required. Plaintiff acted appropriately in its dealings with Defendant and complied with the
relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note.
By way of further reply, Plaintiff avers that Defendant's Mortgage account is in default as of
August 2005. Plaintiff timely filed the instant foreclosure action on February 16, 2006, well
within the applicable Statute of Limitations.
WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny
and dismiss, with prejudice, Defendant's New Matter, and award judgment in Plaintiffs favor as
prayed for in its Complaint.
UDREN LAW OF51CE-SIX C.
By:,
Attorney for Plaintiff
d
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
William F. Dodson, Jr.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-938 Civil Term
Defendant
CERTIFICATE OF SERVICE
I, Mark J. Udren, Esquire, hereby certify that I served a true and cone copy of Plaintiffs
Reply to New Matter upon the following person named herein at their last known address or their
attorney of record.
_xxxxxx Regular First Class Mail
Certified Mail
Other (certificate of mailing)
Date Served: July 18, 2006
TO: Frank E. Yourick, Jr., Esquire
P.O. Box 644
Murrysville, PA 15668
Attorney for Defendant
UDREN LAW
P.C.
Plaintiff
14
ft-
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
JPMorgan Chase Bank, as Trustee
Plaintiff
VS.
William F. Dodson, Jr.
Defendant
No. 06-938 Civil Term
1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Mark J. Udren, Esquire
Address: Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(b) for defendant: Frank E. Yourick, Jr., Esquire
Address: P.O. Box 644
Murrysville, PA 15668
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date: September 6, 2006
Dated: July 18, 2006
UDREN LAW-DEFIGES. P
Plaintiff/Movant
._;
?; -
- -
,?
T?
?,,
?;? >>
r
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
JPMorgan Chase Bank, as Trustee
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
V.
William F. Dodson, Jr.
NO. 06-938 Civil Term
Defendant
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff, JPMorgan Chase Bank, as Trustee, by its Attorney, Mark J. Udren, Esquire,
respectfully requests your Honorable Court to enter an Order granting Summary Judgment in
the above-captioned matter for the following reasons:
There are no genuine issues as to any material fact, and therefore, Plaintiff
(moving party) is entitled to Judgment as a matter of law.
2. Defendant William F. Dodson, Jr. filed an Answer and New Matter to the
Complaint in which Defendant effectively admitted all of the allegations in the Complaint.
3. At the time of this pleading, Defendant owned the premises being foreclosed
without making a mortgage payment for an excessive period of time.
4. Defendant failed to respond to paragraphs 1, 2, 3, 7 and 8 of the Complaint, and
therefore effectively admits, inter alia, that Defendant is the real owner and mortgagor of the
within mortgaged property; and that Plaintiff complied with the statutory pre-foreclosure Notice
requirements. Defendant further admits that he is in default on the subject Mortgage,
acknowledging in the "Wherefore" clause of the Answer that the Mortgage is not current.
Such admissions allow the Court to grant Plaintiff's Motion for Summary Judgment.
5. Although Defendant purports to deny and/or fails to deny, in whole or in part,
specifically or by necessary implication, the averments contained in paragraphs 4, 5 and 6 of the
Complaint, in reality, said denials are improper and should be deemed as admissions for the
reasons set forth in the attached Memorandum of Law.
6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendant's
original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101,
et seg. See Exhibit "A" attached hereto (Mortgage).
7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of
Act 91 (35 P.S. Section 1680.401c, et seg.).
8. Defendant's New Matter does not offer any genuine issue as to any material fact,
is irrelevant and immaterial, and contains mere conclusions of law.
9. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to
charge the Defendant attorney's fees as a consequence of the initiation of the within action in
mortgage foreclosure.
10. In addition to the amounts due and owing as set forth in the Complaint, additional
sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage.
The total amounts due and owing, which sums can be calculated from the face of the Complaint,
are as follows:
Principal of debt due and unpaid $119,851.96
Interest at 7.29%* from 7/6/05 to 7/14/06 (the per diem
interest accruing on this debt is $23.94 and that sum
should be added each day after 7/14/06) 8,946.85
Title Report 325.00
Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00
Late Charges 251.82
Suspense Balance (372.34)
Property Inspection Fees 63.00
BPO Fee 95.00
Attorney's Fees (anticipated and actual
to 5% of principal) 5,992.60
TOTAL $135,433.89
* This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion
for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint
in favor of the Plaintiff and against the Defendant, William F. Dodson, Jr., in the amount of
$135,433.89, together with ongoing per diem interest, escrow advances, and any additional
recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property;
and, that Defendant's New Matter be denied and dismissed with prejudice.
Respectfully submitted,
UDREN LAW
Plaintiff/Movant
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
William F. Dodson, Jr.
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL, DIVISION
Cumberland County
NO. 06-938 Civil Term
PLAINTIFF'S BRIEF IN SUPPORT OF
MOTION FOR SUMMARY TUDGMENT
1. STATEMENT OF FACTS
Plaintiff filed the instant action in mortgage foreclosure against the Defendant for his
failure to make mortgage payments pursuant to a Mortgage entered into between the parties.
A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A".
II. STATEMENT OF THE QUESTION INVOLVED
Where there are no genuine issues as to any material fact, should Summary Judgment in
Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendant
herein is in default of his Mortgage for failure to make payments for an excessive period of time?
III. ARGUMENT
Pursuant to Pa.R.C.P. 1035. 1, et sea., "Motion for Summary Judgment", any party may
move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings
are closed, but within such time as not to unreasonably delay the trial, whenever there is no
genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P.
1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary
Judgment.
Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment:
(a) The adverse parry may not rest upon the mere allegations or denials
of the pleadings but must file a response within thirty days after
service of the motion...
(d) Summary Judgment may be entered against a party who does not
respond.
In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that:
Partial Summary Judgment, interlocutory in character, may be
rendered on one or more issues of liability, defense or damages.
Defendant essentially admits the material facts set forth in Plaintiffs Complaint, which
include, inter alia, the existence of the loan evidenced by the Note and Mortgage executed by the
Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms
of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant
is in default on the Mortgage.
Defendant's Mortgage account is due contractually for the period August 2005 to date, a
period of twelve (12) months to the time of filing of this Motion. Thus, Defendant is essentially
living in the mortgaged premises for free.
As a result of Defendant's nonperformance, the present action was filed, and, as of this
date, Defendant has failed to bring the account current.
RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY.
(a) A responsive pleading shall admit or deny each averment of fact in the preceding
pleading or any part thereof to which it is responsive. A party denying only a part
of an averment shall specify so much of it as is admitted and shall deny the
remainder. Admissions and denials in a responsive pleading shall refer
specifically to the paragraph in which the averment admitted or denied is set forth.
(b) Averments in a pleading to which a responsive pleading is required are admitted
when not denied specifically or by necessary implication. A general denial or a
demand for proof, except as provided by sub-division (c)... of this rule, shall have
the effect of an admission.
(c) A statement by a party that after reasonable investigation the party is without
knowledge or information sufficient to form a belief as to the truth of an averment
shall have the effect of a denial.
Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a
factual allegation when it is clear that the pleader must know whether a particular
allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1
(1978).
(Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only).
It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P.
1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary
Judgment.
Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication
paragraphs 4, 5 and 6 of the Complaint, Defendant has admitted these averments. First
Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian
Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987).
Defendant failed to respond to paragraphs 1, 2, 3, 7 and 8 of the Complaint, and therefore
effectively admits, infer alia, that Defendant is the real owner and mortgagor of the within
mortgaged property; and that Plaintiff complied with the statutory pre-foreclosure Notice
requirements. Defendant further admits that he is in default on the subject Mortgage,
acknowledging in the "Wherefore" clause of the Answer that the Mortgage is not current.
Such admissions allow the Court to grant Plaintiff's Motion for Summary Judgment.
Defendant purports to deny in part the averments contained in paragraphs 4, 5 and 6 of
the Complaint as statements regarding Defendant's "lack of knowledge". It is well settled that
an Answer is unacceptable and an admission where it is clear that the Defendant has adequate
knowledge or that the means of obtaining information are within the Defendant's control.
Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser,
439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1
(1978); Goodrich- Amram 2d Section 1029(c)(1) P. 280.
The sums due Plaintiff are easily calculable under the terms of the Mortgage, the contents
of which are clearly within Defendant's knowledge and control, and Defendant has totally failed
to tender a payoff or a reinstatement of the sums due to date. Since Defendant has the knowledge
of, and the means necessary for obtaining the denied information, including the total sums due,
the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First
Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone,
254 Pa.Super. 381, 386 A.2d 1 (1978). Plaintiff accurately accounted for payments made by the
Defendant. Defendant's Mortgage account is in default and due and owing for the period August
2005 to date; the amounts set forth in the Complaint, as updated in the instant Motion, are
accurate and due and owing to the Plaintiff. See Plaintiffs Affidavit in Support of the Motion.
Furthermore, Plaintiff attempted in good faith to work with the Defendant to reinstate
the Mortgage. Plaintiff sent Defendant's attorney reinstatement figures, only to have Defendant
reject Plaintiffs attempt to resolve this matter. A true and correct copy of the reinstatement
notice, which accompanied Plaintiff's response to Defendant's "Fair Debt" request, is attached
hereto and marked as Exhibit "B".
As Defendant effectively admits, Plaintiff has an express contractual right pursuant to the
terms of the Mortgage (paragraph 22) to charge the Defendant attorney's fees as a consequence of
the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have
concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of
attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152,
156 (1982); Federal Land Bank of Baltimore v. Fetner, 260 Pa.Super. 455, 410 A.2d 344 (1979).
Under the circumstances, the attorney's fee recited herein is reasonable.
The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The
Act 6 Notice of Intention to Foreclose (41 P.S. Section 101, It M.) is only required when the
original bona fide principal amount of the mortgage is Fifty Thousand Dollars ($50,000.00) or
less. The original bona fide principal amount of the subject Mortgage is in excess of $50,000.00.
See Exhibit A attached hereto (Mortgage).
As Defendant effectively admits, Plaintiff complied with the Pennsylvania pre-
foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et sec.) The Pennsylvania
pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et Mg.) states: "Any mortgagee who desires
to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the
notice provided in subsection (b)...." At the time Plaintiff sent Defendant the statutory combined
pre-foreclosure Notice, Defendant's last known address was the mortgaged premises. Plaintiff
(mortgagee) properly sent Defendant the Notice to this address, as evidenced by the true and
correct copy of the Notice attached to the Complaint as Exhibit A.
Finally, Defendant's request in the "Wherefore" clause of the Answer, that the instant
action "be delayed for ninety (90) days until the Defendant(s) can bring the mortgage current",
is wholly unwarranted. As a preliminary matter, Defendant's statement acknowledges that
Defendant is not current on his Mortgage, i.e., that the Mortgage is in default. Defendant's
Mortgage account is due contractually for the period August 2005 to date, a period of twelve (12)
months to the time of filing of this Motion. Defendant has had more than ample time and
opportunity to bring his Mortgage current, but has failed to take the steps necessary to do so.
Defendant can reinstate his delinquent Mortgage while the instant Motion is pending with the
Court, or at any time up to the sale of the premises by the Sheriff, if he chooses to. Therefore,
the foreclosure action does not need to "be delayed", and Defendant's request should be rejected
by the Court.
In this respect then, it should be noted that Defendant's Answer effectively admits every
allegation of the Complaint.
DEFENDANT'S NEW MATTER
Defendant's New Matter does not offer any genuine issue as to any material fact, is irrelevant
and immaterial, and consists of mere conclusions of law. Plaintiff acted appropriately in its dealings
with the Defendant and complied with the relevant laws, rules and regulations, as well as with the
terms of the subject Mortgage and Note; the amounts set forth in the Complaint, as updated in the
instant Motion, are accurate and due and owing to the Plaintiff. Defendant's Mortgage account is
in default as of August 2005. Plaintiff timely filed the instant foreclosure action on February 17,
2006, well within the applicable Statute of Limitations. The New Matter does not set forth factual
grounds precluding Defendant's obligation to pay the Mortgage, and therefore, it should be rejected
by the Court.
IV. CONCLUSION
The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendant's
Answer and New Matter has been interposed for the purpose of delay only, and it does not
substantiate any claim or defense to the propriety of the Mortgage foreclosure action Mr se. There
are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons
set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of
law.
Respectfully submitted,
UDREN LAW OFFICES, P.C.
By:
ark J. Udre , squire
Attorney for Plaintiff/Movant
RpER 0? pP?tlS
"•DERLAND OOUNTY`n?,
DEED T.nar=, 8FSE14 3 3EP 30 P[l 1 56
DODaON .7R. , WILLIAM &
Investor Name $122,550.00
GMAC _ RF (NCA)
veador 1 8748282
status
Tithe NpT Received ao
0 3 0
*
2 0 3 0 0 0 3 0 9 5 5 6 6 7 7 6 6 0 0 0 4
DEFINITIONS
Ice Above This Line For Recording Data]
Loan Number 203003095671
MIN: 100077910001157334
MORTGAGE
Words used in multiple sections of this document are defined below and other words am 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 SEPTEMBER 26, 2003, together with all
Riders to this document.
(B) "Borrower" is WILLIAM F DODSON, JR. Borrower is the mortgagor under this Security Instrument.
(C) "HERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this
Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS.
(D) "Lander" is Decision One Mortgage Company, LLC. Lender is a LDt•IITED LIABIIATY COMPANY
organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A. JONES
DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287.
(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 26, 2003. The Note
states that Borrower owes Lender ONE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED
FIFTY AND 001100ths Dollars (U.S.$122,550.00) plus Interest. Borrower has promised to pay this debt in
regular Periodic Payments and to pay the debt in full not later than OCTOBER 6, 2033.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
Pmewi vANmASingie Famiiy-Fannie MadFreme Mac umwoRM 1NSIRMAW Form 3039 1/01 (page l of l4 pages)
IN 1111111 III III IIIII III III X11 N 11111111111 0111 IN 1111111
Erb 1838PG3783
V.
(B) ".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]:
MAdjustable Rate Rider
?Balloon Rider
? 14 Family Rider
?Cndominium Rider ?Seoond Home Rider
?Planned Unit Development Rider MOtber(s) [specify] Floor Rate Rider
?BiwwMy Payment Rider
M "Applicable law" means all controlling applicable federal, state and local statutes, regulations, otdinaacea and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(3) "Community Association Dues, Fees, and Assessments" streams all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephone instrument,
computer, or magnetic tape so as to order, instruct, or authorize a f vandal institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(1M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: p) damage
to, or destruction of, the Property; (ii) condennation 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.
(N) "Mortgage Insurance' means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the
Note, plus (it) any amounts under Section 3 of this Security Instrument.
(P) "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 tithe to time, or
any additional or successor legislation or regulation that governs the same subject [natter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
(Q) "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) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and ([i) 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 MGRS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS
the following described property located in the County of CUMBERLAM
rl 'lm of Recording Juriatletion) [Name of Receding Jurisdiction) .
SEE ATTACHED SCHEDULE "A"
PENNSYLVANIA-Single Famlly-Faaote Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 2 of l4 pager)
838PG3784
A
Tax Parcel Identification Number: 47 20 1858 153
which currently has the address of 210 SOUTH 2ND STREET
[stree)
WORMLEYSBURG Pennsylvsnia 17043 ("Pmperty Address"):
[City] [Zip Code]
TOOETHER 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 shalt also be
coveted by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MBRS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, If necessary to comply with law or custom, MBRS (aa nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those Interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unenatmbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to consthute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Bcrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shalt be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Seauity
instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the
Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, tteetuer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, insttunentallty, or entity; or
(d) Electronic Fonds Transfer.
Payments are deemed received by Lander 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. Leader
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 to time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplled funds.
PENNSYLVANIA-Single Family-Faanle Mae/Freddie Mae t1MFORM DISrRUatF:N1' Form 3039 1101 (page 3 of l4 pages)
54 1833PG3785
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, Leader 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 fast to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or acre 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 fail, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes
and-assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tern
of the Loan, Lender may require that Community Association Dues, Few, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assmineats shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and whom
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Leader requires, shall famish 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 than be obligated under Section 9 to repay to Lender any
such amount. Lender may revolve the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such
amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Leader 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 accords= with Applicable Law.
PENNMVANIA-Single Family-Fannie MaerEYeddle Mae UNIFORM INSTEUMENT Form 3039 1/01 (page 4 of H pages)
6'i( 1838PG3786
II
The Funds shall be held in an institution whose deposits are insured by a federal agency, inatmmentality,
or entity (including Lender, If Lender is an institution whose deposits are so i ueured) or in any Federal Home
Loan Bank. Leader 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 lowest or earnings on the
Funds. Borrower and Lender can agree in writing, however, that Interest shall be paid on the Funds. Leader
shall give to Borrower, without charge, an annual accounting of the Funds as required by RP,SPA.
If them is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in acoordimea with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more thin 12 monthly
payments. If there Is a deficiency of Fluids held in escrow, as defined tinder RESPA, Lander shall notify
Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly retbad to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
Items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) set res from the holder of the lien an agreement satisfactory to Lander subordinating the lien to this Security
lastrumem. If Lender determines that any pan of the Property is subject to a lien which am attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date
on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above
in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
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 (including deductible levels) and for the periods that Lander
requires. What Lender requires pursuant to the preceding semences 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 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 the review of any flood zone determination
resulting from an objection by Borrower.
PENNSYLVANIA-Single Fanny-Fanate MaeR§eddie Mae UNIFORM INSMMIENT Form 3039 1101 (page S of l4pages)
E,(1838PG3787
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against my risk, hazard or liability and
might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of
the Insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lander under this Section 5 shall became 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 Leader to Borrower requesting
Payment.
All insurance policies required by Leader and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and. shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, strain policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Larder's
security is not lessened. During such repair and restoration period, Laufer shall have the right to hold such
insurance proceeds until Lender has had an opportunity to Inspect such Property to ensue the work has been
completed to Lender's satisfaction, provided that such inspection shag be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day period will begin
when the notice is given. In either event, or if Lander acquires the Property under Section 22 or otherwise,
Borrower hereby assigns to Leader (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 iuaurauce policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Lauder may use the knsaranoe
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at leas 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.
PENNSYLVAMA-Single Family-Fannie hbeakeddle Mae UWORM tNSrRt bMW Form 3039 1101 (page 6 of M pages)
E;t 1838FG3788
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that
repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the Insurance
or condemmation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion. of such repair or restoration.
Lender or its agent tray 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.
S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not lindted to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or
appropriate to protect Leader'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 tot (a) paying any sutras segued by alien 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 tights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower severed
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNWORN tN9MUKENT Form 3039 1/01 (page 7 of I4 pages)
E; 1 838H03789
1
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Leader. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further.
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
PENNSYLVANIA-Single Family-Fantle MadFreddle Mac UNIFORM IN=UMENT Form 3039 1101 (vage 8 of l4 pages)
EK 1838N03790
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, 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 earnings on such Miscellaneous Proceeds. Lf 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, if any, paid
to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security 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 fraedon:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loan 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 Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Lmstrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can curb such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property 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.
PENNSYLVANIA-Single Family Fannie Maelfttildle Mae UNIFORM INSrRUM W Form 3039 1/01 (page 9 of 14 pages)
B11(1838Fu3791
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the arms 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. Leader shall not be requited to commence proceedings against any Successor In
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-Apersi Successors and Assigns Botmd. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this 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 (d)
agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations
with regard to the tetras of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing., and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lauder 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, for the purpose of protecting Larder's interest in the Property and rights under this Security
lostrurnent, including, but not limited to, attorneys' foes, property inspection and valuation fees. In regard to
any other fees, the absence of express authority in this Security Imatu rent to charge a specific fee to Borrower
shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that lawis finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument small be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower shall promptly notify Leader of
Borrower's change of address. If Lender specifies a procedure for repotting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be only one
PSNNSYLVANIASingte Family-Fannle MaNFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 10 of l4 pages)
E;t 1838PU3792
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class 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 Leader. 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 Insawcent.
16. Governing Law; Sevembility; Rules of Constrnedon. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the property is located. All rights and obligations contained
in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall
not be construed as a prohibition against agreement by contract. In the event that any provision or clause of
this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security 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 "tray" gives sole discretion without any obligation to take any
action,
17. Borrower's Copy. Borrower shall be given one copy of the Now 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, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or If Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Leader may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Insmmncat
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instmment;
(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; (e) 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 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 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.
PENNSYLVANIA-Single FamllyFawde MaelFe We Mae UNIFOI N INSIBUbW4T Form 3039 U01 (page 11 of 14 pages)
EX [ 838PG3793
20. Sale of Note; Change of Loan Servicer; 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 die Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. These also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If than is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the time and address of the new Loan Servicer, the address to
which payments should be made and any other information RESPA requires to connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity-to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic permit= products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous
Substances, or threaten to release any Hazardous Substi aces, 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
(Including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower teams, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
PENNSYLVAMA-Single Pamily-Fannie N d teddie Mac UWORM INSMUMENT Form 3039 -1101 (Me 12 of 14pages)
Bit i 838K.3794
NON-UNIFORM COVENANTS. Borrower and Leader farther 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 the default must be
cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial proceeding and We of the Property. Lender shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured as specified, Lender at Its option may require immediate payment
in full of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instnunait, this Security Wuument and
the estate conveyed shall terminate and become void. After such occurrence, Lender sball 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 the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to remstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instmment.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire tide to the property, this Security Inswoment shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYLVANIA-Single Family-Fonale Mad heMe Mae UNIFORM MMUMM Form 3039 1/01 (page 13 of 14 pages)
F;t 18 38PG3795
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.
4F : //,
z&aw
(Seat)
WILLIAM F DODSON JR. -Bormwer
NOTARIAL Man, ()
ALBERT RI IqqQ1 ;r"I
Lower Allen Twp., Cumberland omity •eoffam
My Commission Expires May 23, 2005
(Seal) (Seal)
•Bomrvror .fir
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND )
On this, the alL. day of - l °?O d before me, the undersi ed
officer, personally appeared WILLIAM F DO SON, JR, ltnown to me (or satisfactorily proven) to be the
person(s) whose name(s) is/are subscribed to the within instrument, and acdolowledged that he/she/they
executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and ofAcial seal.
(Seal)
NOTARIAL SEAL
ALBERT BLISSOLETTi, Notary Pubric
Lower Allen Twp., Cumberland County
My Comm P •n Expires May 23, 2005
CERTIFICATE OF RESIDENCE I, .,
address of the within-named lender is 6060
CAROLINA 28287, witness my hand this
PENNSYLVAHIA-Single Family-Famly MaeBreadis Mae
My Commission Expires:
Typed or printed name: _
do hereby certify that the correct
F 1000, CHARLOTTE, NORTH
day of
Form 3039 1101 (vage 14 of 14 pages)
£;t 1838PG3796
Date: 9/26/03
Oxder Number: 000015403
Re: William E. Dodson, Jr. 210 SOUTH 211D STREET
WORMLEYSBURG, PA 17043
CUMBERLAND County
ENHISIT 'A'
ALL THAT CERTAIN tract or lot of land with the buildings and
improvements thereon erected situate in the Borough of Wormleysburg,
Cumberland County, Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the west aide of South Second Street, said
point being a distance of 47.5 feet measured in a northerly direction
along Second Street from the northerly line of an allay; thence in a
westerly direction along a line at right angles to Second Street and
along lands now or formerly of the Northern Central Railway Company;
thence in a northerly direction along lands now or formerly of the
Northern Central Railway Company, 45 feet, more or less, to a point on
line of lands now or formerly of J. Nevin Haas, at ux; thence in an
easterly direction by the last mentioned lands and at right angles to
South Second Street, 79 feet, more or less, to a point on the westerly
line of South Second Street; thence in a southerly direction along
South Second Street, 45 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a residential dwelling known as 210 South Second
Street, Wormleysburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and
conditions of record.
Time:,5:05:10 PM
Page: 6 of 6 E?(18 3 8 KU 3 7 9 7 order Number 000015403
Loan Number 2030030956760
ADJUSTABLE RATE RIDER
(LIBOR Index - Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 26TH day of SEPTEMBER, 2003, and is incorporated
into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the
"Security Instrument") of the same date given by the undersigned (the "Borrower") to secure the Borrower's
Note to DECISION ONE MORTGAGE COMPANY, LLC (the "Lender") of the as= date and covering the
property described in the Security Instrument and located at:
210 SOU'T'H 2ND STREET. WORMLEYSBURG. PENNSYLVANIA 17043
[Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE
AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIM M RATE THE
BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instmment, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 7.29%. The Note provides for changes in the interest rate
and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the 6TH day of OCTOBER, 2006, and on that
day every sixth month thereafter. Each date on which my interest rate could change is celled
a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The
"Index" is the average of interbank offered rates for six-month U.S. dollar-denominated
deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The
most recent Index figure available as of the first business day of tite mouth immediately
preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based
upon comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
SEVEN AND 41100THS percentage points (7.04%) to the Current Index. The Note Holder
will then round the result of this addition to the nearest one-eighth of one percentage point
(0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my
new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full
on the maturity date at my new interest rate in substantially equal payments. The result of
this calculation will be the new amount of my monthly payment.
arWISCATE ADWSrABLE RATE RIDER (LIBOR rnda)-aldrk Family-flNdioUn UMOEMEMMM13M Fv = 7A7 *Se i ff 3 pgu)
E{ 1838PG3798
W OD) Limits an Interest Rate Changes
The interest rate 1 am required to pay at the first Change Date will not be greater than
10.29% or less than 7.29%. Thereafter, my interest rate will never be increased or decreased
on any single Change Date by more than one percentage point (I %) from the rate of interest I
have been paying for the preceding six months. My interest rate will never be greater than
13.29%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount
of my new monthly payment beginning on the first monthly payment date after the Change
Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in sty interest rate and
the amount of my monthly payment before the effective date of any change. The notice will
include information required by law to be given to me and also the title and telephone number
of a person who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL D4733REST IN BORROWER
Uniform Covenant 18 of the Security Instrument is amended to read as follows:
Transfer of the Property or a 13 eacricial Interest In Borrower. As used in this Section
18, "Interest in the Property" means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial interests transferred in a bond for deed, contract-for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or
if a 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 Sc :;aay Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law. Leader also shall not
exercise this optioulf: (a) Borrower cause. to be submitted to Lender information required by
Lender to evaluate the intended transferee as if anew loan were being made to the transferee;
and (b) Lender reasonably determines that Leader's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by Appii:;c;:1e Law, Lender may charge a reasonable fee as a
condition to Leader's consent to the loin assumption. Lender may also require the transferee
to sign an assumption agreement that is :: cceptable to Lender and that obligates the transferee
to keep all the promises and agreeie.zt;.:; made in the Note and in this Security Instrument.
Borrower will continue to be obligate.: under the Note and this Security Instrument unless
Lender releases Borrower in-writing.
If Lender exercises the option to r..quire immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shell provide a period of not less than 30 days
from the date the notice is given it: ar?(. lance with Section 15 within which Borrower must
pay all sums secured by this Security 1111: nient. If Borrower falls to pay these sums prior to
the expiration of this period, Lease ; .;.y invoke any remedies permitted by this Security
Instrument without further notice or c _:::.. ; on Borrower.
MMIMATE AWMABLE RATE RIDER =OR radu)?m?.: ?nlly-FkWE4NUtaarpaprateRRW?rir rpmM M (me2ff3pajC)
E? 1 ??38PG3799
• a
' a
x a
BY SIGNING BELOW, Borrower accepts and agrees to the terms ad covenants contained in this Adjustable
Rate Rider.
G(J/Uldibt?l?(Seal)
WUJdAM F DODSON JR. -? Borrowu
NOTARIAL SEAL
ALBERT BUu50LETTl, Notavy Public
' • • - -^ •; &mrft Mav 28.2MS -Bonowtt
-Borrower
MULTISTATE A=S`rABLB RATE RIDER (LIBOR Ied0-Single FamaY-YlddleMreUt?ILWS[aUbaM' InIm xW, 4MV3ul3Pe8aj
Eli 1838PG3800
Loan Number 2030030956760
FLOOR RATE RIDER TO SECURITY INSTRUMENT
(For 6-Mouth LIBOR, 2-Year LIBOR, and 3-Year LIBOR ARM Loan Program Disclosures)
THIS FLOOR RATE RIDER is made this 26TH day of SEPCFdMM, 2003, 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 Decision One Mortgage
Company, LLC (the "Lender") of the same date and covering the property described in the Security
Instrument and located at:
210 SOUTH 2ND STREET, WORA=SBURG. PENNSYLVANIA 17043
[Property Addreasl
AMENDMENT TO SECURITY INSTRUMENT
1. Section 4.(D) under Additional Covenant A. of the Adjustable Rate Rider to the Security Instrument is
amended to read and be as follows:
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 10.29% or less
than 7.29%. Thereafter, my interest rate will never be increased or decreased on any single Change Date
by more than one percentage point (1.00%) from the rate of interest I have been paying for the preceding
six months. My yearly interest rate will never be greater than a maximum rate of 13.29%, or a
minimum, or floor, rate of 7.29%.
2. In the event that the Note is ever sold, assigned or transferred to the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation, this Floor Rate Rider and expressly its
amended provisions with respect to establishing a minimum, or floor rate, shall thereupon terminate and
shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as
of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon
and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in
Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the
Adjustable Rate Rider to the Security Instrument.
Ei( 1836PG380
• \ ; LT
h
1
BY SIGNING BBLOW, Borrower aclomwledges and agrees to the terms contained in this Floor Rate Rider.
NOTARIAL SEAL
ALBERT BU£;4LEITI, Notary pubrO
_...__ _
-Borrower
-Borrower
-Borrower
l C" ti t15 to be recorded
?ttu,t,crland Cou, PA
. _. a ?r of D was
EK i 838PG3802
UDREN LAW OFFICES, P.C.
WOODCREST CORPORATE CENTER
I I I WOODCREST ROAD
SUITE 200
CHERRY HILL, NEW JERSEY 08003.3620
856. 669. 5400
FAX: 856. 669. 5399
FREDDIE MAC
PENNSYLVANIA
DESIGNATED COUNSEL
PLEASE RESPOND TO NEW JERSEY OFFICE
May 10, 2006
Frank E._Yourick,
Frank E. Yourick
P.O. Box 644
Jr., Esq.
& Associates
PENNSYLVANIA OFFICE
15.5
Murrysville, PA 15668
Re: JPMorgan Chase Bank, as Trustee
v.
William F. Dodson, Jr.
Cumberland County, CCP, No. 06-938 Civil Term
Dear Mr. Yourick:
In response to your request, dated March 27, 2006, pursuant to the
Federal Fair Debt Collection Practices Act Validation Notice,
pertaining to the above referenced matter, enclosed you will find
the following documents to confirm the validity of the Mortgagor's
debt:
1. Payment history;
2. Copy of Mortgage;
3. Copy of Note;
4. Reinstatement Statement; and
5. Payoff Statement.
The mortgage foreclosure collection action had temporarily stopped
pending our response to your timely "Fair Debt" request. As a
result of this response, we will now resume the mortgage
foreclosure collection action.
L EXHIBIT B
Frank E. Yourick, Jr., Esq.
Page 2
May 10, 2006
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
Sincerely,
UDREN LAW OFFICES, P.C.
iff
Enclosure
• r
William F. Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043
RE: Homecomings Financial
Loan #0436770333
Our File #06020143
REINSTATEMENT INFORMATION NOTICE
Principal & Interest Due 10 ® $839.34 8,393.40
Late Charges 461.67
Unapplied Funds -372.34
Broker Price Opinion 95.00
Property Inspections 63.00
Title Report 325.00
Players National Locator - RII/Skip Trace 50.00
Prothonotary - File Complaint 55.50
Sheriff - Serve Complaint 42.08
Reply to New Matter "Anticipated" 250.00
Motion for Summary Judgment "Anticipated" 450.00
Federal Express 25.00
Attorney Fee 1.125.00
TOTAL AMOUNT TO REINSTATE $10,963.31
THIS AMOUNT IS GOOD THRU NAY 15, 2006
NOTE:
1. ANY ITEM NARKED " * " ANTICIPATED, IF NOT ACTUALLY EXPENDED,
WILL BE REFUNDED TO MORTGAGOR IMMEDIATELY. ATTORNEY FEES AR33
SUBJECT TO ADJUSTMENT PURSUANT TO PENNSYLVANIA ACT 6, IF
APPLICABLE.
2. PAYMENT MUST BE SENT TO OUR NEW JERSEY OFFICE and received by us
no later than May 12, 2006 . Thereafter, the reinstatement
amount may change, and your check might be returned to you.
3. The above cure amount must be by ***CERTIFIED CHECK OR MONEY
ORDER payable to Udren Law Offices P.C. *** Any other form of
payment will be returned to you.
VERIFICATION
Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation
unless designated otherwise; that he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must verify much of the information
through agents, and because he has personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading are true and correct to the best of
his knowledge, information and belief and the source of his information is public records and reports
of Plaintiff s agents. The undersigned understands that this statement herein is made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Dated:
.„.
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-938 Civil Term
CERTIFICATE OF SERVICE
I, Mark J. Udren, Esquire, hereby certify that I served true and correct copies of Plaintiffs
William F. Dodson, Jr.
Motion for Summary Judgment, Brief in Support and Praecipe for Listing Case for Argument upon
the following person named herein at their last known address or their attorney of record.
_xxxxxx Regular First Class Mail
Certified Mail
Other (certificate of mailing)
Date Served: July 18, 2006
TO: Frank E. Yourick, Jr., Esquire
P.O. Box 644
Murrysville, PA 15668
Attorney for Defendant
UDREN LAW OFFICES, P.C.
a. . I r
t
j`
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
com
JPMorgan Chase Bank, as
Trustee
Plaintiff
V.
William F. Dodson, Jr.
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO.
06-938 Civil Term
PRAECIPE TO ATTACH AFFIDAVIT AND VERIFICATION TO PLAINTIFF'S
NOTION FOR SUMMARY JUDGMENT
TO THE PROTHONOTARY:
Kindly attach the enclosed Affidavit and Verification to
Plaintiff's Motion for Summary Judgment which was filed on 7/21/06
UDREN LAW OFFICES, P.C.
ATTORNEY FOR PLAINTIFF
BY: ji=
Mark J. Udren, Esquire
ATTORNEY FOR PLAINTIFF
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
William F. Dodson, Jr.
Defendant
STATE OF Mtj
COUNTY OF ?sk?fi
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-938 Civil Term
AFFIDAVIT
SS
I Holly Farley , being duly sworn according to law, depose and say:
1. That I am the Assistant Vice President for Homecomings Financial, the
servicing agent for the Plaintiff in the within matter.
2. That in said capacity I am familiar with the account that forms the basis of the instant
foreclosure action and that I am authorized to take this Affidavit.
3. That all notices, if required to be sent to the Defendant pursuant to Act 6 of 1974 and
Act 91 of 1983, have been sent pursuant to the requirements of those Acts on the dates appearing
thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable.
4. Plaintiff accurately accounted for payments made by the Defendant; Defendant's
Mortgage account is in default and due and owing for the period August 2005 to date. The amounts
due on the Mortgage were correctly stated as of the date appearing in the Complaint, in para-
graph 6 thereof, and have accumulated since the filing of the Complaint, as follows:
Principal of debt due and unpaid $119,851.96
Interest at 7.29%* from 7/6/05 to 7/14/06 (the per diem
interest accruing on this debt is $23.94 and that sum
should be added each day after 7/14/06) 8,946.85
Title Report 325.00
Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00
Late Charges 251.82
Suspense Balance (372.34)
Property Inspection Fees 63.00
BPO Fee 95.00
Attorney's Fees (anticipated and actual
to 5% of principal) 5,992.60
TOTAL $135,433.89
* This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage.
A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A".
Homecomings Financial
Sworn to and subscribed before me
this,'-' day of nL5"* 2006.
??Q (SLY![ Y`?Jt'V
Notary Public
By:
Name: O Farley
Title: Assistant Vice President
S =NNOTAARRYo
VERIFICATION
The undersigned, the servicing agent for the Plaintiff in the Motion for Summary Judgment,
being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set
forth in the Motion for Summary Judgment are taken from the business records of the Mortgage held
by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best
of the knowledge, information and belief of the undersigned.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unworn falsification to authorities.
Homecomings Financial
By:
Name: Hot Farley
Title: Assistant Vice President
Dated: 4 °??4
• V
P M
o r? , a &
W
2 ?, 9
w
ilk
O
Y
?
t i t
"n
w
N Q
J
6691
L
?g56
59E-S65
'pd SD1avwm `{
Leer, let /118
5y 3prad
CL
CL
LL
pgH
U
tel
m
r
I
Op
N
I
In
m
I
r
fD
N
m
r
m
m
00' 00' SUM WOPT PC'eC0 as, as'LL?LCT 90/•!
ad- go- 00' OR-09 130'01 DO' sw-stsTCT 901:9
Po/4
00" 00' RE'SU eo'Doi ?E•6C0 00' O'06sin ?o/19
00' 00• 00' 00"05 Do," 00• T6106KL1 POPS
?o/9.
00' 00' cc-Ott Wes ?C`Ks a0' ts'MUT NR!
00' 00' 00' 09.06 WON 00' 19'Lt611C 9a/'!
ta(91
00' 00' CT'T?L CC'96 K"6G 00' t9'LUstt W/I!
00' 00' so- OD-OF Was 0o- s0's6s1Ct 90PI:
t0P9.
GO a0' CO'Ctl CC-L6 tC-61e b' so'sNCCt toil:
00' 0o" DD' 001" M-95 00' LT'C?TCCT 90/1:
W/91
00' 00' ta•e9L £9'96 K'6E9 00" LT'£6000T PO/I:
da' 0o- 00' 00106 to-of no, 09'6866CT ?oP:
CO/9i
00' 00' 6vM ss'66 /£'6E1, OD• 09'6E£cet so/':
00' 00' 00' 00'OC go-at 00' ST1501:91 Coil
LO/91
00' 00' 69•t9L 2111,6 Wact do- sragmt Ceti
60" 00• 09" -00.09RCC -00'095[[1 00• 601051191 Teti
Do' so- a• 00'assect 00.099=1 Do- Do' toll
00• on, 09' -oc osseet -00-acscat 00- DO'055ect 10/I
OD/7e10 OM AM= MUXKr RY6s. Vd &&-AN mam 14&=0106 t1C6R
am"tim --------- --------077&00-------------- WSOL -0e770•A0'e70fi OseR- ant__
-------'----------- ----------- -------- ------------- --------- I ——--- -------- --------------
LtOLt R A="Aa7
iaanir 906 IMMEW
-00.5LL'C 011141001 06' > 1a9 £9190/9 m as 910 as
Go- 416'791, MLUSAWD Coe
9611st'61t 4R'7t0e OWL
------------------------------ RM atee0iet LO19019 ! aae
------------------ ---------------- ---
--------------- Mal
-- _---
t .IV"
90/CC/e 'ya eoa D70 HC7 701 CDa/Resi 41Yf70 60
wat-Lt 90/99/0 g vzmR " OCKLMODf me
Y Y ?? ? Y P V W Y Y Y V y We N Y ? A I ? IP
W RJ P N R? Y?.r C N O M Nm iJ • N Y Y NY N1+ O Y we
ti Y MY PMIY Y Y I.N M NM A M
Y N n O O Y Y Wm N fIN M N N 3 Y NY p O O O
N m W N ME Yg M V Y W P m J Y m e M w ? Y
\ _ . S L
i \ a\ iZ . '.. \ . w
L SppY i i$ L ? i L t i•p .° g2 i L i i i !! i! e
e•Fw?C,?'?$`y°a N.N?&M?gyCV?hp5:9,:?gNy.1, Is'. NZ a IN-5
YN f1"NI. YI S1f .. Wfl. ?R in YI HI1+ /1 .Y. NI1?f1N!!M ?5... C- S !y???Jt! JS?}a??
!H1111011sm,1 ,w?g??r?"??? ?eQ 1??`P :401
IitI P -ilmgI ' s Hot IN9i i
S 6 s s s
Y 1
Y W Y VY Y Y M y Y \Y ? \ \
2 L! L \! s a e m e ..2 e e o o e a \y ! R! i¢
p Y P• P Y: A P y Y Y y Y yY i yy yy
Y Y Y Y • V M ?' ? v N tl N U Y N M M Y N e? N
Y C u . C Y; ????? s e e e e? y S E b G [?.ii
3 W Y Y ° m m O m Y Y Y N M N N J
6 6 6 m i m m S t t s °w °m a u C C ta' `' C u N N .'?
y r Y o 6 6 6 6 6
L S S • i O O O O O E O S S E S e O O E D
• m E m • • e O K
r m N n y ? O IVO N Y .WO V M r ? V O Y i C C ? E
W W Y Y y y O y O Y
M Y W ?y Y y I. y y M tl N Y
• ? A J Y • F M Y r • ? J J E 1 O • O P
e e 8 $ _§ Y 3 6 c u o o S a 3 8 i
w C 9 r i
e e e w e e o b e e u o e
e e o e 2 E E S E E o a o e e e e C e
8 S o e S $ H E 8 3 Y Y: 3 3 8 8 v o e
• s • • P m m ? p
M V Y b M r V r O v r G
w N. ?i x a u w u°i n i°n a 9??? e
F Y °
C ?Yy My ? ? ?I M
Y tl J
tin
p W
Y Y Y bMOPJ
LV 3<W "DA SBNIW003 CH 99CL-909-898 00:91 L00Z/ea/80
RO aY N A ! 4 N Y O Y e FJ N bIN Qi tl4 tlN A 00 ar w ? Phi ??
1yM • IMiF MM ^HY rMr??Y Y MMF MY M ii MR,+F
W ?r{4 `Y Y w `Y Y F\ Y y y`w My IN In?N` \Y R
Y mY Se?n
3 ?'T M N N M p M M Y ?Y Yy`Wal F• AN /gyp Y FN V 1t 1 ?S
W N `Y O S. ? F` 5 m • Y NO MO N N F w
ie !e e ? e e e e e e ? !G ? !e !e !. !L e ! me ! ?
N N N N N N N N N P ? ppm .ggg m ??epprttoopp
eg t ? F? ww• 8uC'Tr `??7dR "'??. "'.JF uEG?P 3.7R w.7R C 91
???YSe???$?$S?Se?Qaa ??GS.G??Q,y p.6Q ?G'°C"AS"A":p! 3;
Y Y? S S ? * NV G? GE G +? YY ..?
s s e s
C C I
` w` ``` Y N M mw F Y Y OM V N Y y r
N pN N N N M N Y Y SW N N N PN m • P
G e u? Ggg G e o e e o a o ? ? "' e e
Y
s ei H ul ?N G G G m i i m
00 1 Wp gg
L L L L L L L L oe. oM, Om w° P P P Y P i F
pigg m ? ?
ee o 6 o ev a °e e° o °e e° e° ! w
gg
$ Ys yry S ` F sw V C -$ r v e L u r r ?y 3 ? r 'y?
O i4i i O y tl J y Y 1 ? Y M • • • N ? M h P
Y o F 4'
i y P N N ?
e L o e o o c e e w e u g g g g g P P g
v w e e e o 0 o e N e a ?
b u yr o e o e e e e v e o e y o b g E E SE
' e a e e e e e e w e e w m e ee
0 o S Z P P P = ev °• °o °e ev ve °e ee
i
eO YM m'N m O m •
y y e y q e • yY p y y W Ny Vy W pq ?
g O O( Q O O Q W e O \1 ?W
I yyyy
q a M N N N N N N N B iyy ?.d
r w N F ~ n q. Y
? Y R uS
OV
y V Y Y Y Y V m l
8p 39Vd 'Dj S9NIWM3VOH 99EL-505-858 88:9L L08ZIEZ180
w Y • • N N Y • i Y J J Y Y J J y V V y? p ? p i ?•
O Y I`? N ! W Iy.1 M y` w Y J 6?w YI ``N I?CP Au IR11N R~ NI? AV gmJ
G YI Y ` Yyf N pM YNI Y Y I+ \ RM ?V w? qy hM ??RSe!\ NN RY Y ~?
\ \ \ e OV \ \ \ Oy O S\ Sg\ SYYO SO?Y Sf =? SN SN p 4
YAT?+?a??????rr1??'r?• $A?V Rrir??.BA?.CVg."a?p7?NAewrq?ia?53? v 81
N • w i i i?N .i G ? G •pn Gn!?n'Se ? N!vE? ?,n ?$
I all III I
H H g $ $ $ a ? a
? ? c s s s s ?
I
J q N P N I
y • s O • Y O?Y Y \Y w Ow N yI \ \
\ \ \ p?
\ \ \ \ \ \ S? 1 $\ \ N\ \ ?\ \ a\ C
e • ? e a a e e o e \ \0 0 o e e e \ N
N N N N y N N N N NN M uN N GN+ ?N+ yN N ONN N N eN
A M V N M ? W r P Y 4 Y M rt M N YI
I Nq I j N ? « i x w e e e • Z N e G G $?
M?YY y y 1 tl .• r i i i
A q p $ PI e? i i 11 W W M W J J n1 .wI N Y N
O p?
0 i e e e a e o c e o e e e e e e e e Y
i •
e e .$ $$ i i i e wye. o . $ y ly
rM/ V yM V 1My W 4 Y N W Y Y Y Y M N 'yO w e y a¦ ?pBI ,G¢y
Y Y M i V V ? J • Y w 4 ? J .VI M ? N O P X C
qi
spa i
a ? 1? N J ro? I
°e r w 66 w e e F
O Y O O ? ?i I
8 S 1 $ $ e• a as ee $ w i ° G R
°• e° °e ° ae °o eo $ 6 6 6 6 $ a a a
W I
i i 8 8 ea ee w °e °e e i e i e oa a eo qp ?yq
Y V M a F1 M 4 {? h Y Y N M Y
?y 1? ?Y y y y JP W . `Y
! Y i J i Y Y Y H nl ] G III N • W O
\n
e e e p s s
' M p W g M Y M Y Y M M V Y M ?pJ
64 39Vd "IDd SONINDD3VH 596L-585-898 08.9L L80L/ES/80
M Y
M
O Y
S
S :
J W
R W
N p
• s Y W
L n y
O
V
/
M X
E
Y V
L yy
W
E
L ?
?
1
?
?
\
3 M
J
?
?
\ `
y `
tl \
N `
y
M +
y • ?
V O O
J
?'
\
?
O
V
M
\
W V
y M O
1
W
3`
W Y
?y\+ M
Y
M?
N
•i
_ 11
N M
JJ
? (y
?
yA
O
Y
O O
O
C O
E
a?
p??a O O
V
a?
y O
r
? C •\ `
\ •
y yyh N P yR y+
?
?
?
N
? \
\
Xy P yr?P
~
? \
\ 1 \ \ V.
6P ?E1 S P R [GyyN
V
?
,
O
?
~
C
?
VEi Y N y yfO
RO
N O
I ?Y I• 1?i
Yf CY r•
w v r tl Y ?
. ass
?
a•M
EV
• Iy? 1(?{ 1I?/{ MY VY
•PO
/ ?
r
?O
JON
? sy 8R
? Syr 11??
? $!?
i
q I? • O / •
• • II
O
N ON
?
GN
O
u
O
P
E
O
N
p
YI
p e0 00
N N
J
O
O
E
E OL
E
S Ya
a
N
N
1+
Y PY
V
Y
N
V
V
Y
V 1+
p
C /1C Ph
y
Y
O
V
N y
J Rb
C J
Y\
M
Y
C
6 6
P P P
6 P
6 X X X q E S P P P P P X X E X P P P P PE
°a ? E E E E e° °a °s °
°e °a S °e E E E E e° °e e° °e °e Iw.
Y
Y E +
M
O
V
V
M
N y
DY Y
V O
J
S
V
V
Y .
V V
WE
•
V
V
M O
•
V
V
V
0
y
°D o v i '$ _ E 1$ $ e $ a° °e Y e e $ '$ e° r °e
$ $ °e as a D a s °e a D as as 8 E 8 = i i E e / °o a° /D aD as
NI
Da as aD E E E °e °e as a• a E i E 1'Ye
a
V a
O ? G
?
i
o
a
o
e
e a ;
e
°e S
E
E
°e
e°
°o
°e Y C
E E
a° w w
$
E
e
$ $
E
x
$
w
e°
as
°
e
/
P
P P
P 1
B1 S
p
^
!•
e Wy
J V
E 1 Yy
J N
$ Y
M V
a V
Y yV
O ? Mp
J a
E Y
C a
a Y
Y V
O ?¦
L 1/yi
W O
O
R O
Y O
P O
W O
P O
Y •
P •
Y OP OV PO O
M O
O E O
P NNV
0000
05 3wd YJ.d SSNIND0340H 99CL-505-858 00:9I L08ZIE7,180
Y
All
ti
w Pswrp
O w
V
• L? 1
?
• 1
pM5
yp
S
Y
1 ••
'•
P
N ?
N
ds¦
P
? M
E
e
4
!r '
e ?
i
?
w
wy
Vt ? p M
aw"
Y
r m
g0:9L L00 alas
996!-905-899 J-?
-0,4 SOKIIM30{
t9 3W.,
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO.04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
.com
JPMorgan Chase Bank, as
Trustee
Plaintiff
v.
William F. Dodson, Jr.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO.
06-938 Civil Term
Defendants
CERTIFICATE OF SERVICE
I, Mark J. Udren, Esquire hereby certify that I have served a
true and correct copy of the Praecipe to Attach Affidavit and
Verification to Plaintiffs Motion for Summary Judgment upon the
following person(s) named herein at their last known address or
their attorney of record:
xxxxx Regular First Class Mail
Certified Mail
Date Served:
Other
TO: Frank E. Yourick, Jr.
P.O. Box 644
Murrysville, PA 15668
Attorney for Defendant
UDREN LAW OFFICES, P.C.
BY: -14(-
Mark J. Udren, Esquire
Attorney for Plaintiff
a
MARK J. UDREN*
STUART WINNEG**
GAYL SPIVAK ***
HEIDI R. SPIVAK***
MARISA JOY MYERS***
LORRAINE DOYLE**
ALAN M. MINATO***
'ADMITTED NJ, PA, FL
"ADMITTED PA
--ADMITTED NJ, PA
TINA MARIE RICH
August 28, 2006
UDREN LAW OFFICES, P.C.
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD
SUITE 200
CHERRY HILL, NEW JERSEY 08003.3620
856. 669.5400
FAX: 856. 669. 5399
FREDDIE MAC
PENNSYLVANIA
DESIGNATED COUNSEL
PLEASE RESPOND TO NEW JERSEY OFFICE
Frank E. Yourick, Jr.
P.O. Box 644
Murrysville, PA 15668
PENNSYLVANIA OFFICE
215-568-9500
215.568.1141 FAX
Re: JPMorgan Chase Bank, as Trustee
VS.
William F. Dodson, Jr.
Cumberland County C.C.P. No. 06-938 Civil Term
Dear Mr. Yourick:
Enclosed please find a true and correct copy of Plaintiff's
Praecipe to Attach Affidavit and Verification to Plaintiffs Motion
for Summary Judgment in the above-referenced matter, the original
of which has been sent for filing with the Court.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Sincerely,
UDREN LAW OFFICES, P.C.
By:
Mark J. Udren, Esquire
Attorney for Plaintiff/Movant
MJU/tmw
Enclosures
?; ? __ ngr7
a 7rr
G '
-71 n
ti
" c]?n
f G? i
JP Morgan Chase Bank,
as Trustee,
Plaintiff
vs.
WILLIAM F. DODSON, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-938 Civil Term
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with the Udren Law Offices, P.C. for the limited purpose of
representing the Plaintiff at Argument Court to be held on
Wednesday, September 6, 2006. ?d
Date: August 30, 2006
Supreme Co t .D. 87380
10 West g Street
Carlisle, A 17013
(717) 241-4436
Cc: Mark J. Udren, Esquire, Udren Law Offices, P.C., attorney
for Plaintiff
Frank E. Yourick, Jr., Esquire, attorney for Defendant
ca ?
?
r C M'n
l! I -
r?-?`- W
-
?
Cam
:AL_' Om
tV -^i
-? tV ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL DIVISION
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
William F. Dodson, Jr.
Defendant
NO. 06-938 Civil Term
^^ O HD?ER
AND NOW, to wit, this rr 'J day of j , 2006, upon consideration
of Plaintiffs Motion for Summary Judgment and supporting documents thereto, and upon
consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines
that Defendant, William F. Dodson, Jr., has failed to make a legal defense to Plaintiffs claim
and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore,
ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and
against Defendant, William F. Dodson, Jr., in the amount of $135,433.89 (as calculated from the
Complaint), together with ongoing per diem interest, escrow advances, and any additional
recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property.
It is further ORDERED AND DECREED that Defendant's New Matter is hereby denied
and dismissed, with Prejudice.
y?
A
ViNvAlkSNN2d
6 C -.01 WV 9- d3S 9001
Ar#b?Gl r" 'lt.;c M JO
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 =CIVIL DIVISION
Mendota Heights, MN 55120 :Cumberland County
Plaintiff
V.
William F. Dodson, Jr.
210 South 2"d Street :NO. 06-938 Civil Term
Wormleysburg, PA 17043
Defendant(s)
PRAECIPE FOR JUDGMENT BASED ON COURT ORDER
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s), William F. Dodson, Jr. pursuant to the Court's Order dated
September 6, 2006 (in accordance with the Complaint) and for foreclosure
and sale of the mortgaged premises, and assess Plaintiff's damages as
follows:
As set forth in Court Order
$135,433.89
TOTAL $135,433.89
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that no further notice is required
pursuant to Rule PA.R.C.P. 237 & 237.1.
UDREN %A9k OAFICES, P.C.
Mark . Ud n, ESQUIRE
Atto ey f Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDI
DATE : K?--4- c2r e?-ff-Q
11 PRO
????
c
? W 8
????
? ?
t?
G
°rs t?':
:??t
`.
?,..
???
?° c?
? ?
cr??.?
? ? r?rs
'?` '?Ct
?:. -?ri
ti
.?.
?.
.,.. =-c
4k -w
UDREN LAW OFFICES, P.C.
BY: MARK J. UDREN, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
ATTORNEY FOR PLAINTIFF
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 :Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043 :NO. 06-938 Civil Term
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF NEW JERSEY
COUNTY OF CAMDEN
SS
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Military or Naval Service of the United States of America or its Allies
as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117
Stat. 2835; 2003 E nacted H.R. 100), and that the age and last known
residence and employment of each Defendant are as follows:
Defendant: William F. Dodson, Jr.
Age: Over 18
Residence: As captioned abov
Employment: Unknown
Nam
Tit L:
Sworn to and subscribed Company:
before me this 12th day
Af September,,, 2006.
Notary -Publ'i
-, __W.
ATTORNEY FOR PLAINTIFF
UDREN LAW OFFICES, P.C.
? 11 11%
0(0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL. DIVISION
JPMorgan Chase Bank, as Trustee
Plaintiff
V.
E
William F. Dodson, Jr.
NO. 06-938 Civil Term
Defendant
ORDER
AND NOW, to wit, this day of 4 ! , 2006, upon consideration
of Plaintiffs Motion for Summary Judgment and supporting documents thereto, and upon
consideration of the Reply, if any, .filed by the Defendant hereto, the Court hereby determines
that Defendant, William F. Dodson, Jr., has failed to make a legal defense to Plaintiff s claim
and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore,
ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and
against Defendant, William F. Dodson, Jr.; in the amount of $135,433.89 (as calculated from the
Complaint), together with ongoing per diem interest, escrow advances, and any additional
recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property.
It is further ORDERED AND DECREED that Defendant's New Matter is hereby denied
and dismissed, with Prejudice.
ifftUE COPY FROM REOORD
+?n TeWINOnywl?ereot, t here urns im m? hap.-
said Gou xt GBtN rv?
+td the ! of
day ujdakt
hh?....
?rotlien?i?
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 :Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr. :NO. 06-938 Civil Term
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
Amount due
$135,433.89
Interest From July 15, 2006 5,649.84
to Date of Sale March 7, 2007
Ongoing Per Diem of 23.94
to actual date of sale including if sale is
held at a later date
(Costs to be added) $
UDREN LAW OFFICES, P.C.
Mark U4ren, ESQUIRE
ATTORNEY OR PLAINTIFF
? •1
?f
ate, c
h
q
n
C_. cr
-T) ?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-938 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE,
Plaintiff (s)
From WILLIAM F. DODSON, JR.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the 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 $135,433.89 L.L. $.50
Interest FROM 7/15/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $23.94 TO
ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,649.84
Atty's Comm %
Atty Paid $124.08
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: OCTOBER 20, 2006
(Seal)
Curti X. Long, P notary
By:
Deputy
REQUESTING PARTY:
Name MARK J. UDREN, ESQUIRE
Address: UDREN LAW OFFICES, P.C.
WOODCREST ROAD, SUITE 200
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
Attorney for: PLAINTIFF
Telephone: 856-669-5400
Supreme Court ID No. 04302
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 :Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr. NO. 06-938 Civil Term
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
C E R T I F I C A T E
Mark J. Udren, Esquire, hereby states that he is the
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:
( ) An FHA insured mortgage
( ) Non-owner occupied
( } Vacant
( x ) Act 91 procedures have been fulfilled.
z
( ) Over 24 months delinquent.
This certification is made subject to the penalties of 18
Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
OFFICES, P
Mark J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
r? PA
4? ^
?'
`e
?? r G' ?'M1
t
" rn
•^ f
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee `:COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 -:Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr. NO. 06-938 Civil Term
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
JPMorgan Chase Bank, as Trustee, Plaintiff in the above action,
by its attorney, Mark J. Udren, ESQ., sets forth as of the date
the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at: 210 South
2nd Street, Wormleysburg, PA 17043
1. Name and address
Name
William F. Dodson,
2. Name and address
Name
SAME AS #1 ABOVE
of Owner(s) or reputed Owner(s):
Address
Jr. 210 South 2nd Street
Wormleysburg, PA 17043
of Defendant(s) in the judgment:
Address
3. Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
Name Address
none
4. Name and address of the last recorded holder of every mortgage
of record:
Name Address
Plaintiff herein. See Caption above.
5. Name and address of every other person who has any record lien
on the property:
Name Address
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 Address
Real Estate Tax Department
Domestic Relations Section
1 Courthouse Sq, Carlisle, PA 17013
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of PA,
Department of Revenue
Bureau of Compliance, PO Box 281230
Harrisburg, PA 17128-1230
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 Address
Tenants/Occupants 210 South 2nd Street
Wormleysburg, PA 17043
Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668
I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities.
UDREN LAW OFFICES, P.C.
DATED: September 12, 2006
rk-d'. Udrk,, SQ.
torney for Plaintiff
F.•
ij l .sn
,
kJo
tV
t3^`
F t3[
r??
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 -:Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr. :NO. 06-938 Civil Term
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: William F. Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043
Your house(real estate) at 210 South 2nd Street, Wormleysburg, PA
17043 is scheduled to be sold at the Sheriff's Sale on March 7,
2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor,
Courthouse, Carlisle, PA, to enforce the court judgment of
$135,433.89, obtained by Plaintiff above (the mortgagee) against
you. If the sale is postponed, the property will be relisted for
the Next Available Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
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 payment,
late charges, costs and reasonable attorney's fees. To find out how
much you must pay, you may call: (856) 669-5400.
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 TARE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold
to the highest bidder. You may find out the price bid by calling 856-669-
5400.
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
856-669-5400.
4. If the amount due from the Buyer is not paid to the Sheriff, you
will remain the owner of the property as if the sale never happened.
5. You have 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 after 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
Schedule of 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
C:-'
-n
cr,
c:D -?
!1J C--)
' - kn =?
ob
JP Morgan Chase Bank, as Trustee
VS
William F. Dodson, Jr.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-938 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent
search and inquiry for the within named defendant, to wit: William F. Dodson, Jr., but was unable
to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and
Description as NOT FOUND, as to the defendant, William F. Dodson, Jr. The house located at 210
South 2nd Street, Wormleysburg, PA is locked with a realtor's lock box and there is a "sold" sign in
the front of the house. A post office check did not reveal a new address.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
January 19, 2007 at 1048 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of William F. Dodson, Jr. located at
210 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of instruction from Attorney Mark Udren.
Sheriff s Costs:
Docketing 30.00
Poundage 2,178.00
Advertising 15.00
Posting Handbills 15.00
Levy 15.00
Mileage 26.40
Share of Bills 16.83
Law Journal 355.00
Patriot News 362.63
Surcharge 20.00
Prothonotary 1.50
$3,035.36
R. Thomas Kline, Sheriff
By
Real Estate ergeant
d y// 3107
t ' ?? C.k?.. 5 B a °3
1
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS
1270 Northland Drive, Suite 200 :CIVIL DIVISION
Mendota Heights, MN 55120 :Cumberland County
Plaintiff
V. :MORTGAGE FORECLOSURE
William F. Dodson, Jr. :NO. 06-938 Civil Term
210 South 2nd Street
Wormleysburg, PA 17043
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
JPMorgan Chase Bank, as Trustee, Plaintiff in the above action,
by its attorney, Mark J. Udren, ESQ., sets forth as of the date
the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at: 210 South
2nd Street, Wormleysburg, PA 17043
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
William F. Dodson, Jr. 210 South 2nd Street
Wormleysburg, PA 17043
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold
Name Address
none
4. Name and address of
of record:
Name
Plaintiff herein.
5. Name and address of
on the property:
Name
the last recorded holder of every mortgage
Address
See Caption above.
every other person who has any record lien
Address
none
0 . M
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 Address
Real Estate Tax Department
Domestic Relations Section
1 Courthouse Sq, Carlisle, PA 17013
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of PA,
Department of Revenue
Bureau of Compliance, PO Box 281230
Harrisburg, PA 17128-1230
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 Address
Tenants/Occupants 210 South 2nd Street
Wormleysburg, PA 17043
Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668
I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities. i
UDREN LAW OFFICES, P.C.
DATED: September 12, 2006
- . vua -.-.r -vY .
torney for Plaintiff
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
JPMorgan Chase Bank, as Trustee
1270 Northland Drive, Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
William F.'Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043
De f endant (s)
NO. 06-938 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: William F. Dodson, Jr.
210 South 2nd Street
Wormleysburg, PA 17043
Your house(real estate) at 210 South 2nd Street, Wormleysburg, PA
17043 is scheduled to be sold at the Sheriff's Sale on March 7,
2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor,
Courthouse, Carlisle, PA, to enforce the court judgment of
$135,433.89, obtained by Plaintiff above (the mortgagee) against
you. If the sale is postponed, the property will be relisted for
the Next Available Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
_. _ __ _. ._1 the sale ?ai1? be eaz?eelled i€ you pay -.0 t- --mor-tgagee-the-fi kok--payment -
late charges, costs and reasonable attorney's fees. To find out how
much you must pay, you may call: (856) 669-5400.
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.)
XQU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold
to the highest bidder. You may find out the price bid by calling 856-669-
5400.
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
856-669-5400.
4. If the amount due from the Buyer is not paid to the Sheriff, you
will remain the owner of the property as if the sale never happened.
5. You have 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 after 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
Schedule of 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2--Liberty Avenue
Carlisle, PA 17013 - ---1--^-^-- - ---
717-249-3166
800-990-9108
ALL THAT CERTAIN tract or lot of land with the buildings and
improvements thereon erected situate in the Borough of Wormleysburg,
Cumberland County, Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the west side of South Second Street, said
point being a distance of 47.5 feet measured in a northerly direction-
along Second Street from the northerly line of an alley; thence in a
westerly direction along a line at right angles to Second Street and
along lands now or formerly of the Northern Central Railway Company;
thence in a northerly direction along lands now or formerly of the
Northern Central Railway Company, 45 feet, more or less, to a point on
line of lands now or formerly of J. Nevin Haas, et ux; thence in an
easterly direction by the last mentioned lands and at right angles to
South Second Street, 79 feet, more or less, to a point on the westerly
line of South Second Street; thence in a southerly direction along
South Second Street, 45 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a residential dwelling known as 210 South Second
Street, Wormleysburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and
conditions of record.
BEING KNOWN AS: 210 SOUTH 2' STREET, WORMLEYSBURG, PA 17043
PROPERTY ID NO.: 47-20-1858-153
TITLE TO SAID PREMISES IS VESTED IN WILLIAM F. DODSON, JR. BY DEED
FROM WILLIAM F. DODSON, JR. AND CONNIE M. DODSON, HIS WIFE DATED
06/14/00 RECORDED 06/21/00 IN DEED BOOK 223 PAGE 793.
' WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-938 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE,
Plaintiff (s)
From WILLIAM F. DODSON, JR.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the 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 of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the 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 $135,433.89 L.L. $.50
Interest FROM 7/15/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $23.94 TO
ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,649.84
Atty's Comm %
Due Prothy $1.00
Atty Paid $124.08 Other Costs
Plaintiff Paid
Date: OCTOBER 20, 2006
(Seal)
('14
C s R. Long onota
By:
Deputy
REQUESTING PARTY:
Name MARK J. UDREN, ESQUIRE
Address: UDREN LAW OFFICES, P.C.
WOODCREST ROAD, SUITE 200
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
Attorney for: PLAINTIFF
Telephone: 856-669-5400
Supreme Court ID No. 04302
Real Estate Sale # 29
On November 6, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Wormleysburg Borough, Cumberland County, PA
Known and numbered as 210 South 2nd Street,
G?D Wormleysburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: November 6,-2006 By:
,
Real EstdSergeant
L 1 ' 11 b q Z 130 RCOl
y is
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 corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and
the 7th day(s) of February 2007. 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
SALE#29
'p
I-
fA
p
AM 1W V
.061M '
4(47.56" SON""
* ieree ift's W40 e
61 Xombm COW
....... •":' ...................................
Swornto ands sc i e efore me this 26th day of February 2007 A.D.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Terry L. Fks
ell, Notary Public
dy C r ' ur Dauphin County
o ' sion Expires June 6, 2010
ion of Notaries
NOT Y PUBLIC
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 PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 26, and February 2, 2007
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.
REAL ESTATE SALE NO. 29
Writ No. 2006-938 Civil
JP Mortgage Chase Bank,
as Trustee
VS.
William F. Dodson, Jr.
Atty.: Mark Udren
ALL THAT CERTAIN tract or lot
of land with the buildings and im-
provements thereon erected situate
in the Borough of Wormleysburg,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
west side of South Second Street,
said point being a distance of 47.5
feet meaaured in a northerly direc-
- Z"- ;L I-
sa Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
2 day of February, 2007
NOTARIAL SEAL -
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
o?
Advance Costs: 150.00
Sheriff's Costs: 51.89
18.00 $ 98.11
1.05
.50
1.00 Refunded to Atty on 04/03/07
10.56
20.00
.78
51.89 ? q18 /D So Answers;
'f
R. Thomas Kline, Sheriff
By Claudia A. Brewbaker
0
y
ro
j6"
/g/???
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1153 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
FORMERLY DAFCU, Plaintiff (s)
From JEFFREY A. BREWBAKER, 920 WERTZVILLE ROAD, ENOLA, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND
ALL PERSONAL PROPERTY.
(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 of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the 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 $12,102.44
Interest FROM 1/19/07 AT LEGAL RATE
Atty's Comm %
Atty Paid $154.09
Plaintiff Paid
Date: MARCH 6, 2007
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
C? ?iul 4
Curti R. Long, P no
By:
Deputy
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQUIRE
Address: P.O.BOX 172
NEW CUMBERLAND, PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs: ' 80.69
Docketing 18.00 $ 69.31
Poundage 1.59
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 04/04/07
Mileage 9.60
Surcharge 30.00
Levy 20.00
Certified Mail
Post Pone Sale
Garnishee
Pokige
7jOAL $ 80.69 ? Hli 3?6 So Answers;
R. Thomas Kline, eriff
Q
laudiaA Brewbaker
5'°
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1811 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CACV OF COLORADO LLC, Plaintiff (s)
From LEWIS BAKER AND SUSAN BAKER, 414 S HIGH ST., MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL
PERSONAL PROPERTY OF THE DEFENDANTS .
(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 of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the 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 $4,912.42
Interest $177.66
Atty's Comm %
Atty Paid $135.68
Plaintiff Paid
Date: FEBRUARY 23, 2007
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
Cu R. Long, P notary
By:
Deputy
REQUESTING PARTY:
Name BENJAMIN R. BIBLER, ESQUIRE
Address: WELTMAN WEINBERG & REIS CO L.P.A.
2718 KOPPERS BUILDERS
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 93598