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HomeMy WebLinkAbout06-1857 .. LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. NO. 010 - Jf~ (!/~~L~S/LVYL DOUGLAS E. KENDALL, AIK/A DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET, A/KJA 54 WEST MAIN STREET PLAINFIELD, PA 17081 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 . IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C S 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECENED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. DOUGLAS E. KENDALL, A/KIA DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET, A/KIA 54 WEST MAIN STREET PLAINFIELD, PA 17081 DEFENDANTS NO. OC-- IPS! Gu,L/0Lnr COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE I. Mortgage Electronic Registration Systems, Inc. (MERS) (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws ofthe Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Douglas E. Kendall, alkfa Douglas Emmet Kendall and Crystal L. Heffner (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee. The Mortgage, dated July 1, 2004, was recorded on July 28, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1875, Page 0221. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on July 1,2004 in the original principal amount of $67,200.00 payable to Plaintiff in monthly installments with an interest rate of7.625%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. . 5. MERS is the owner oflegal title to the mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, Inc., which is the owner of the entire beneficial interest in the mortgage. 6. The land subject to the mortgage is 34 West Main Street, a/kfa 54 West Main Street, Plainfield, PA 17081. A copy of the Legal Description is attached as part of the Mortgage as Exhibit' A' and incorporated herein. 7. The Defendants are the Record Owners of the mortgaged property located at 34 West Main Street, a/kfa 54 West Main Street, Plainfield, PAl 7081. 8. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. As a result ofthe default, the following amounts are due: Principal Balance Interest to 3/20/2006 Accumulated Late Charges BPO Bankruptcy Fees and Costs Cost of Suit and Title Search Attorney's Fees TOTAL $66,543.00 $3,215.29 $371.02 $100.00 $775.00 $550.00 $1,000.00 $72,554.31 plus interest from 3/2lf2006 at $13.82 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. II. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on December 22, 2005. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. 12. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $72,554.31 together with the interest from 3/2112006 at $13.82 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian .. EXHIBIT 'A' 'J~ '\') "\c .!; , ,3~ ! ~ ....... ~.,......... ': ....1':71\1 ~R t' '.:,J'~ ;i.l :. ..,.....'.JL... . ^".. ~-. ,-- "E"OS ~!, '_,,;.l~'.t.~.. Jr II \.- . ! l.:~". ::t.id_;.~~:. COUNTY - PA 'OY JUL 28 APl 8Y8 Prepared By: Accredited Home Lenders, Inc. A California Corporation 15090 Avenue of Science .san Diego, CA 92128 Return To: Acoredited Home Lenders, Inc. A California Corporation 16550 West Bernardo Dr, Bldg 1 San Diego, CA 92127-1870 Parcel Number: 46-18-1394-086 [Sp'8ce Above This Line For Recording Data] MORTGAGE MIN 100176104062226051 DEFINITIONS Words used in mulliple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules..reg;trding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 1, 2004 together with all Riders 10 th~ ~~ (B) "Borrower" iSDOUGLAS(~AND CRYSTAL L. HEFFNER Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separale corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Del~ address and telephone number of P.O. Box 2026, Flinl MI48501-2026, tel. (888) 679-MERS 0406222605 PENNSYLVANIA - Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form . .6AIPA) 102021 '" Page 1 of 16 '''",'''~O~ VMP MORTGAGE FORMS. {BOOI521-7291 -::: ~.. BI{ I 8 7 5 PG 0 2 2 I 9 1/01 , ~ i . (D) "Lender" is Accredited Home Lenders, Ine. A California Corporation Lender is a Corporation organized and existing under the laws of the State of California Lender's address is 15090 Avenue ofSclence San Diego, CA 92128 (E) "Note" means the promissory note signed by Borrower and dated July 1. 2004 The Note states that Borrower owes Lender sixty-seven thousand two hundred and 00/100 Dollars (U.S. $ 67,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2034 (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. (II) "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]: D Adjustable Rate Rider D Balloon Rider DVARider D Condominium Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider [i] Other(s) [specify] Arbitration Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, snd Assessments" means all dues, fees, assessmel\!s and other charges thaI are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds TransCer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as 10 order, instruct, or authorize a financial institution to debil or credit an account. Such tenn includes, bul is not limited 10, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transCers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (il) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of. or omissions as la, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default 00, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (il) any amounts under Seclioo 3 of this Security Instrument. .-6AIPAI '0202) ~ Page 2 of 16 .... ~ {) IV 0406222605 Inltlals:~ Form 3039 '/0' BK I 8 7 5 PG 0 2 2 2 , . ;. ; . (P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrumenl, "RESP A" 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 Instnunenl. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures 10 Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (Ii) the performance of Borrower's covenants and agreements under this Security Instnunent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (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 [fype of Recording Iwisdictionj of CUMBERLAND [Name of Recording Jurisdiction]: See Legal Description Addendum Page Attached which currently has the address of 34 WEST MAIN STREET, AKA 54 WEST MAIN STREET PLAINFIELD ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, aprurtenaI!ces, and fixtures nOW or hereafter a part of the property. All replacements and additions shal also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instnunent as.the "Property." Borrower understands and agrees that MERS holds only legal title to the mterests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right tQ foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrumenl. """,,,c.~f.>\.C.--' 0406222605 e-SA(PA} (02021 -.--. Pagll30f 16 . Form 3039 1/01 <!> . [City], Pennsylvania 17081 [Street] [Zip Code] 8K 1875PG0223 , BORROWER COVENANTS thai Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, granl and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the NOle. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrwnent is returned to Lender unpaid, Lender may require thai 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, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrwnentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the localion designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial paymenl if the payrnenl or partial payments are insufficient to bring the Loon current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to ils rights to refuse such paymenl or partial payments in the future, but Lender is not obligated 10 apply such payments aI the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need nol pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this SecuritY Instrument or performing the covenants and agreements secured by this Security Instroment. 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 Ihe following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment ""no'" ~ ~ '(ll/ 0406222605 ~w4?A(PA) (02021 Page4of16 Form 3039 1/01 -., . BK I 8 7 5 PG 0 2 2 4 can be paid in full. To the extent that any excess exisls after the paymenl is applied 10 the full paymenl of one or more Periodic Payments, such excess may be applied 10 any lale charges due. V olunlary 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 nol exlend or postpone the due date, or change the amounl, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under Ihe Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, 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 tena of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Ilem. Borrower shall promptly furnish 10 Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's Obligation to pay to. Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which paymenl of Funds has been waived by Lender and, if Lender requires, shan furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuanl to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise ils rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revolce the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS 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, al any time, collect and hold Funds in an amount (a) sufficient to penult Lender 10 apply the Funds at the time specified under RESP A, and (b) not to exceed the maximwn amount a lender can require under RESP A. Lender shall estimate the amount of Funds dne on the basis of current data and reasonable eslimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, insltumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time 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 penults 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,!ot be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest , -..'-.... --6AIPAII02021 -. ~ PageSot18 C-\ \ ? Ie,.. 0406222605 InSllaJs: ~ Form 3039 1/01 BK I 87 5 PG 0 2 2 5 - . shall be paid on the Funds. Lender sball give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for .the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined Under RESP A, Lender shall nOlify Borrower as required by RESPA, and Borrower shall pay to Lender the amounl uecessary to make up the deficiency in accordance with RESP A, but in no .more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instnlment, Lender shall promptly refund to Borrower any Funlls held by Lender. . 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributabte to the Property which Can attain priority over tllis Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessmel)ts, 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 diseharge any lien which has priority over tllis Security Instnunent 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 suclt proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordiilating the lien to this Socurity Instrument. If Lender detennines that any part of the Property is subject to a lien which can allain priority over this Security Instnlment, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which Ibat 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 cbarge for a real estate tllX verification and/or reporting service used by Lender in connection with tllis 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 tenn "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 fot the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the lenD of the Loan. The iosllt'llllCe 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 determinalion, 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 mighr 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. e.;6AIPAl 10202' InI".J? ~ 1)<-- Form 3039 1/01 0406222605 PIQ1l6el16 BK 1875PG0226 ~ BK I 8 7 5 PG 0 2 2 7 Peg.7of,S. . 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, bUI might or might not ptotect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significanUy exceed the cost of insurance that Borrower could have obtained. Any arnolUlts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These arnounts 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. AU insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mOrlgage 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 fonn 'of insurance coverage, not otherwise required by Lender, fur damage to, or destruction of, the Property, such policy sball include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional 10.. payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoralion or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity 10 inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be lUldertaken 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 poblic 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 woold be lessened, the insurance proceeds shall be applied to the SWll.S 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, negoliate 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 Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender <aJ Borrower's rights to any insurance proceeds in an amount IlOt to exceed the amounts unpald under the Note or this Security Instrurnenl, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use lhe insurance proceeds eiljler to repair or restore the Ptoperty or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. '"~..,~~ etV 0406222605 . Fomt 3039 1!1)1 M:~::: Q-6AtPA) 10202> .. .' G-6AIPAl <02021 .. Pagu80116 '01".'" ~~ 0<'- 0406222605 ~rm ~039 w~"01 6. Occupancy. Borrower sball occupy, establisb, and use the Property as Borrower's principal residence within 60 days after Ibe execution of this Security Insmunent and shall continue to oCClipy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, wbich consent sball not be unreasonably withheld, or unless extenuating circwnstances exist which are beyond Borrower's control. 7. Preservation, Mainten8l1co and Protection of lite 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 Ibe Property, Borrower shall maintain the Property in order to prevent che Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuanl 10 Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further detetioration 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 che repairs and restoration in a single payment or in a series of progress payments as che work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for che completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of tbe Property. If il 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 10 such an interior inspection specifying such. reasonable cause. 8. BolTower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at tbe direction of Borrower or with Borrower's Imowledge or consent gave malerially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited 10. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender'. Interest In the Property and Rights Under thIS Security IDstrument, 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 andlor rights onder this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may allain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of Ihe Property, and securing andIor repairing the Property. Lender's actions can include, but are not limited 10: (a) paying any sums secured by a lien which has priority over this Security Insmunent; (b) appearing in coun; and (c) paying reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limiled 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 ta1ce action under this Section 9, Lender does not have to do so and is not onder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized onder this Section 9. BK I 8 7 5 PG 0 2 2 8 " Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest-at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this S!lcurity Instrument is on a leasehold, BOlIOwer 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. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, BOlIOwer shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases 10 be available from the mortgage insurer that previously provided such insurance and BOlIOwer was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiU1ll$ required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insnrance 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 nol 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, U1llil Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until tennination 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 thar purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a parry 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 lerms and conditions that are satisfactory to the mortgage insnrer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer 10 make payments using any soun:e of funds tbatthe mortgage insurer may have available (wbich. may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lendar, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any oflbe 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 affiliare of Lender takes a share of the insurer's risk in exchange for a sbare 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 otber terms of the Loan. Such agreements will not increase the amonnt Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, "m."'~~ l>\t...0406222605 -:-:- ~ Form ~039 1f01 . -GAIPAI '020" ~ Page9of16 BK I 8 7 5 PG 0 2 2 9 .' - pIg1tl00ne I",,,,,,,~l(.... -- ---- 0406222605 (b) Any such agreements wiD not affect the rights Borrower has . if any - with respect to the Mortgsge Insurance under the Homeowners Protection Act of 1998 or any otber law. These rigbts may include the right ro recti.. 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. As.ignment of Mlscellaneons Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of tbe Property, if the restoration or repair is economicaliy feasible and Lender's security is not lessened. During such repair and restoration period, Lender sball have the right to hold sucb 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 snch inspection sball 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 oot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneons Prooeeds 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 rotal taking. destruction, or loss in value of the Property, the Miscellaneou. Proceed. sball 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, destruetion, or loss in value of the Propeny in which the fair market value of the Propeny immediately before the partial taking. destruction, or loss in valne is equal to or greater tban the amount of the sums secured by this Security Instrument immediately before the partiai 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 tbe follOWing fraction: (a) the total amount of the sums secured inunediately before the partial taking, destroetion, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking. destruction. or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the MisceIlan.eous Proceeds shall be applied to the sums secured by this Security Instrument wbether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured hy this Security Instrument, wbether 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, wbether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of tbe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be G-8AIPAI"'20~ .. Form 3039 1/01 BK I 8 7 5 PG 0 2 3 0 - dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other matetial impaitIllOllt of Lender's interest in the Property or rights under this Security instrUment. The proceeds of any award or claim for damages that are attrihutable 10 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 ro restoration or repair of the Property shall be applied in the order provided for in Section 2. . 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrwnent granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required 10 connnence proceedings against any Successor in Interest of Borrower or 10 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 Dr in amounts less than the amount th,en du.;:. shall not be a waiver of or preclude the exercise of any right or remedy. 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower 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 InslIUl1lent only ro mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is 001 personally obligated to pay the sums secured by this Security Instrument; and (c) agrees thaI Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain 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 Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall 1?ind (except as provided in Section 20) and benefit the successors and assigos of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the pUlpose of protecting Lender's interest in the Property and rights under this Security Instrument. including, but not limited to, attorneys' fees, property inspection and valuatio!, fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fwally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a pantal prepaymenl 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 rigbt of acrion Borrower might have arising oul of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to I_"~ {lIV 0406222605 , G-BAfPAJ 102021 ., Pagl,'of16 Form 3039 1101 BK 1875PG0231 .' .'6A(PAI (0"'" .. PIQllI20!.1.S "Q -0'- 0406222605 ,"'".,\. '\ \ Form 3039 1/01 have been given to Borrower when mailed by rust class mail or when actuaIly delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sb.all only report a change of address through that specified procedure. There may be only one designated notlee address under this Security Instrument at anyone time. Any notice to Lender sb.all be given by delivering it or by mailing it by rust clllS$ mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Secdrity lostrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument sball 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 mighl be silent, but such silence sb.all not be construed as a probibition against agreement by contrac\. In the event that any provision or clause of .this Security Instrument or the Note conflicts with Applicable Law, such conflicl 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 rhe masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrumenl. 18. Transfer of the Property or a Beneficial Inte...t in Borrower. As used in this Section 18. "Interest in the Property' means any legal or beneficial interest in the Property, iUcluding, but nul 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 Leuder's prior written consent, Lender =y 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 fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Mler Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or Cc) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: Ca) 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 BK 1875PG0232 .-.<-:-'F?-~P.of16 '",.,"~ .vi- 0406222605 agreements; (c) pays all expenses incurred in enforcing Ihis Security InstrUlllent, including, but not limited 10, reasonable alIomeys' fees, property inspecrlon and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights urujer this Security .InstrUment; and (d) takes such acrlon as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation 10 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 fonns, as selected by Lender: (a) cash; (b) IllDney 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 t this right to reinstate shall not apply in the case of acceleration under Section 18. 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 resnlt in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If tf!ere is a change of the Loan Servicer, Borrower will be given written notice of the change which will stare the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requires in connection with a notice of lIarISfer 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) thaI 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 perty (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 pUlposes 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 sball 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 Environmelltal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is loc;lted that retate 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 Conditionl'l means a condition that can cause. contribute to, or otherwise trigger an Environmental Cleanup. -.6AlPA) """" ~ Form '3039 1JOl BK 1875PG0233 Borrower sball not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower sbalI not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) wbich creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects tbe value of the Property. Tbe preceding two sentences shall uol -apply to the presence, use, or storage on the Property of small quantities of Hazardous SubstanceS that are generally recognized to be appropriate to norma! 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 bas actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discbarge, release or threat of release of any Hazardous Substance, and (c) any conditIon caused by the presence. use or release of a Hazardous Substance wbich adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Accelel'l!tlon; Remedies. Lender shall give notice to Borrower prior to """eleratlon following Borrower's breach of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under Section 18 unless Applicable L1w provides otherwise). Lender shall notify Borrower of, among other things: (a) tbe default; (b) tbe action reguired to cure the default; (c) wben 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 sale 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 uot cured as specified, Lender at Its option may require immediate paYlDent In full of all sums secured by tltis Security Instrument without further demand and may (o=lose this Seeurlty Instrument by judicial proceeding. Lender shall be entitled to collect aU expenses incurred In pursuing the- remedies provided in this Section 22, iucluding, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instnnnent, but only if the fee is paid 10 a third parry for serviees rendered and the cbarging of the fee is Pemitted 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 Secunty 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 reinslate provided in Section 19 shall extend to one hour prior 10 tbe commencement of bidding at a sheriff's sale or other sale p~uant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured br this Security Instrument is lent to Borrower 10 acquire title to the Property, this Security Instrument shal be a p\trchase money mortgage. 27. Interest Rate After .Judgmeut, Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from Ume to time under the Note. .-6AIPAllO'021 - .. P.14.aI111 "",.".d- o}l. 0406222605 Form 3039 1/lJ1 BK I 8 7 5 PG 0 2 3 4 .' BK I 87 5 PG 0 2 3 6 day of July, 2004 , Certificate of R~ldence I, \Jteven J. h'.shrr\tJ.n , do hereby certify lhat the correcl address of the within-named Lender is 15090 Avenue of Science San Diego, CA 92128 Witness my hand this 1st ~ --, =:> Agent of Lender COMMONWEALTH OF PENNSYLVANIA, On this, the I ~t day of Ju.\~ c1 {)6 if undersigned officer. personally appeared DOl1GUS E' KENDALL, CRYSTAL CUmba-{Grtd-. Connty ss: , before me, the L llEF~ known 10 me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed 10 lhe within instrumenl and acknowledged lhat helshe/they execuled the same for the pUIposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Conunission Expires: . Notarial ~eal Public Trieia L. Bailey. ot~llU\d County S0\\1h Middleton. 1Wp.. Cum 24 2006 My Commiasion &ptres Sept: . ~cr~~ :n~~ Dv-b&. . _.6AIPA)to'o,r~-'.--: . ~ . "aoe16l)f11S ,"'".,,-& 0 t 0406222605 Form 3039 1/01 CONTAINING .38 acre. Being improved with a two story brick dwelling house. Legal Description Addendum , . Borrowe:rs:OOO'GLAS E KENDALL, CRYSTAL L HEFFNER. Loan .:0406222605 Property Address :34 WES1! MA:tN S:rREE1! AKA 54 WES:r MAIN S1!REE:r PLAINFIELD, PA 17081 . Legal DQsor~ption SEE LEGAL DESCRIPUON A:r1!ACIlED IlERE1!O AND lW)E A PAR:r 1!IlEREOF ALL THAT CERTAIN tract of land situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern edge of an 18 foot alley In the center line of Pa. Rte. 341; thence along the centerline of Pa. Rte. 641, South 70 degrees 07 minutes 07 seconds East 137.60 feello a point; thence along lands now or formerly of Wilmer Harris, South 19 degrees 28 minutes 37 seconds West 57.50 feet to a nail: thence continuing along lands now or formerly of Harris, South 0 degrees 58 minutes 37 seconds West 61.30 feet to an iron pin; thence along lands now or formerly of Samuel Shambaugh, North 75 degrees 19 minutes West 68.36 feet to an iron pin; thence continuing along lands now or formerly of Shambaugh, North 88 degrees West 66.00 feet to an iron pin; thence along the eastern edge of said 18 foot alley, North 9 degrees 07 minutes 09 seconds East 144.49 feet to a polnt In the center line of Pa. Rte. 641, the Place of BEGINNING. BEING Lot NO.1 on Subdivision Plan for Samuel Shambaugh recorded .in the hereinafter mentioned Recorder's Office in Plan Book 34, Page 45, and having thereon erected a single family dwelling. HrN . 100176104062226Q51 AAL 610101.UC'F RENDALL E'age 1 of 1 Initial: t t.l "9t- Loan' 0406222605 BK I 8 7 5 PG 0 2 3 7 ARBITRATION RIDER . . THIS ARBITRATION RIDER is made this 1st day of July, 2004, and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note or Adjustable Rate Note (the "note") to Accredited Home Lenders, Inc. A California Corporation (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 34 WEST MAIN STREET AKA 54 WEST MAIN STREET PLAINFIELD, PA 17081 [Property Addressl This Arbitration Rider is signed as part of your Agreement with Lender or any assignee of Lender and is made a part of that Agreement. By slgning this Arbitration Rider, you agree that either lender or any assignee of Lender or you may request that any claim, dispute, or controversy (whether based upon contract; tort, Intentional or otherwise; constitution; stawte; common law; or equity and whether pre-exlsUng, present or future), including initial claims, counter..clalms, cross-claims and third party claims, arising from or relating to this Agreement or the relationships which result from this Agreement, ine/udinll the validity or enforceability of this arbitration clause, any part thereof or the entire Agreement ("Claim"), shall be resolved, upon the election of Lender, any assIgnee of lender or you, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator selected at the time the Claim Is filed. The party initiating the arbitration proceeding shall have the right to select one of the following three arbitration administrators: the National. Arbitration Forum ("NAF"), the American Arbitration Association ("AAA") or JAMS ("JAMS"). The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge. The arbitrator shall be independent of and unrelated to you or lender or any assignee of Lender. The rules and forms of the NAF, AAA and JAMS may be obtained by writing to or calling these organizations althe addresses and/or telephone numbers listed below. Our address for service of process under this provision is the Lender's address as stated in page one of the Agreement or the address of any assignee of Lender. Any participatory arbitration hearing that you attend will take place In the city nearest to your residence where a federal district court Is located or at such other location as agreed by the parties. If lender or any assignee of lender files a Claim, lender or any assignee of lender shall pay all filing costs. If you file a Claim, filing costs and administrative fees, (other than hearing fees) shall be paid as follows: (a) you agree to pay for the initial cost of filing the Claim up to the.maxlmum amountof$100.00; (b) at your request.or if required by the arbitration administrator's rules, we wHl pay for filing costs over $100.00 and for any administrative fees charged by the arbilration administrator on any Claim submitted by you up to a maximum of the emount of the filing fees that would be charged by the arbitration administrator for a Claim equal to your loan amount; and (e) all filing costs andlor administrative fees In excess of the amount of the filing fees that would be charged by the arbitration administrator for a Claim equal to your loan amount shall be paid by you. The cost of up to one full day of arbitration hearings will be shared equally between the parties. Fees for hearings that exceed one day will be paid by the requesting party. The parties shall each bear the expense of their respective attorney's fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, or the fees paid to the arbittation administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. If the arbitrator issues an award in our favor you will not be required to reimburse us for any fees we have previously paid to the arbitration administrator or for which we ere responsible. .MiNi lOOi7610t06222GOSl ARt ARSRIDR.UFF """"""" Page 1 of 3 Initials: c...~O\L Loan i 0406222605 BK I 8 7 5 PG 0 2 3 8 BK I 8 7 5 PG 0 2 3 9 American Arbitration Association 1150 Connecticut Ave, NW, 6th Floor Washington, DC 20036-4140 www.adr.org Arbitration Rules fot Consumer Related Disputes (Claims under $10,000). Arbitration Rules (all other claims). J.A.M.S.lEndlspule 45 Broadway New York, NY 10005 i: .. ~ I} This Arbitration Rider is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal, Arbitration Act, 9 U.S.C. Sections 1 -16 (the "FAA"). The arbitrator shall apply applicable substantive law consistent with the FAA, inciuding laws concerning reception, rejection and consideration of evidence, and shall, at the request of any party, provide written reasoned findings of fact and conclusions of law. The arbitrators award shall not be subject to appeal except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgment upon the award may be entered in any court having Jurisdiction. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to impose sanctions and to take such other actions as the arbitrator deems necessary to the same extent as could be Imposed by a judge pursuant to the Federal Rules of Civil Procedure. This Arbitration Rider shall survive repayment ot-your ioan and/or tennination of the Agreement. If any portion of this Arbitration Rider is deemed Invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Rider of the Agreement. In the event of a conflict or Inconsistency between the rules and procedures of the arbitration administrator and this Arbitration Rider, this Arbitration Rider shall govern. No class actions or joinder or consolidation of any Claim with the claim of any other person are permitted in arbitration without the written consent of the parties. No provision of, nor the exercise of any rights under this Arbitration Rider shallllmil the right of any party during the pendency of any Claim, to see~ and use ancfllary or preiimlnary remedies, judicial or otherwise, for the purposes of realizing upon, preserving, protecting or foreclosing upon any property involved In any Claim or subject to the loan documents. The use of the courts shall not constitute a waiver of the right of any party, InCluding the plaintiff, to submit any Claim to arbitration nor render inapplicable the compuisory arbitration provisions contained in this Arbitration Rider. THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOwtNGL Y AND VOLUNTARILY WAiVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. YOU ALSO ACKNOWLEDGE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE, CLAIMANT OR MEMBER OF ANY CLASS ACTION PERTAINING TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION, EVEN IF SUCH CLASS ACTION IS PENDING ON THE DATE OF THIS ARBITRATION RIDER, EXCEPT THAT THIS ARBITRATION RIDER WILL NOT PRECLUDE YOUR PARTICIPATION IN A CLASS WHICH HAS ALREADY BEEN CERTIFIED BY A COURT OF COMPETENT JURISDICTION ON OR BEFORE THE DATE OF THIS ARBITRATION RIDER. You may contact, obtain the arbitration rules of, or file a Claim with NAF, MA, or JAMS as follows: National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 www.arb-forum.org Code of Procedure www.jamsadr.com Financial Services Arbitration Rules and Commercial Procedures. MIN # 100176104062226051 AHL ARBRIDR2. OFF 1<ENDllLL Pal]e 2 of 3 Initials: C:\\ (/11.--..:.._ _.:..: _ _ Loan *' 04.062~2605 . ~ . ...~ ~ -. ..., :i,. ~ \I. .fl ~ '1 - BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Arbitration Rider. 'i:::>~C-t~ Borrower DOUGLAS E KENDALL Borrower Borrower Borrower MIN i 10017610.062226051 AHL ARBRIDR3.UFF BI( I 8 7 5 PG 0 2 ~ 0 7"""~"';I' Date Date Date Date S!~~~ ~o t\ 4~~ate7I401 CRYSTAL L HEFFNER Borrower Date Borrower Date Borrower Pate l<ENtU\LL Page 3 of 3 Loan * 0406222605 I Certify this to be recorded In Cumberland COUllty PA ..~A.-.'~~ ~ : ....:.0 Recorder of Deeds EXHIBIT 'B' . . NOTE July 1. 2004 [Dale] PLAINFIELD [City] PA [Slate] 34 WEST MAIN STREET AKA 54 WEST MAIN STREET PLAINFIELD. PA 17081 [Property Address] 1. BORROWER'S PROMISE TO PAY . In return for a loan that I have received, I promise to pay U.S. $ 67.200.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Accredited Home Lenders, Inc. A CarJl'omla CorpomUon I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is enlitled 10 receive payments under this Note is called the 'Nole Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay inlerest at a yearly rate of 7.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of.this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the let day of each month beginning onAuguet 1, 2004 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe tinder this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on Ju1y 1, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that.date, which is called the 'Maturity Date." I will.makemy monthly payments at P.O. Box 502480 San Diego, CA 92150-2480 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 475.64 4. BORROWER'S RIGHT TO PREPAY - Prepayment Charge Rider attached hereto. I have the right to make payments of Principal al any time before they are due. A payment of Principal only is known as a "Prepayment.' When I make a Prepayment, I will tell the Nole Holder in writing that I am doing so. I may nol designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments withoul paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment. there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MINlI100176104062226051 MULTISTATE FIXED RATE NOTE-Single Femily-Fennlo Moo/Froddio Moo UNIFORM INSTRUMENT .' ... 0406222605 . . J " . .....,...,.-,,--.-_- ., CSD.:.SN (02071.01 Form 3200 1/01 .. VMP MORTGAGE FORMS - ISDOI521-729^ 1\ PDgalo.3 Initials: ~ pJ.... 5. LOAN CHARGES If a law, which applies to this loan and which sets maximlll/l loan charges, is finally interpreted so that the inlerest or other loan charges collected or to be collecled in connection with this loan exceed the permilled limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permilled limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principall owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. . . 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay.the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a wrillen notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Nole Holder Even if, at a time when I am in default, the Note Holder does not require me 10 pay immedialely in full as described above, the Note Holder will still have the right to do so if I am in default at a later lime. (E) Payment ofNole Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid 'back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a differenl method, any notice that must be .given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by fimt class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBUGATIONS OF PERSONS UNDER TInS NOTE If more than one person signs this Note, each person is fully and pemonally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Al1Y person who takes over these obligations, inclnding the obligations of a guarantor, surety or endorser of this Note, is also obligated 10 keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of lIS may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder 10 demand payment of amo\l1lts due. "Notice of Dishonor" meaIis the righl to require the Note Holder to give notice 10 other persons that amounts due have not been paid. . . ." -'---.--' MINll100176104062226051 '..:'. .....;c... 0406222605 G.5N 102071.01 '" Paga 2 of 3 Form 320j! 1i.q,1 '- lnltllls:~~ 10. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument"), dated the same date as this NO/e, prO/eclS the Note Holder from possible losses which might result if 1 do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: 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, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shaIJ give Borrower notice of acceleration. The notice shall provide a period of neit less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay aIJ swns secured by this Security Instrument. If .Borrower fails 10 pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice Dr demand on Borrower. . . WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 'D~Jr~ DOUGLAS E KE!l])ALL (Seal) -Borrower ~~~!. \\~~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower . [Sign Original Only] -~-'--'- .' . ~_. .- . ...... . -... -. MINjll001761040622260S1 0406222605 . .~5N 102071,Q1 Paga3of3 Form 3200 1/01 . . PREPAYMENT CHARGE RIDER TO NOTE THIS PREPAYMENT CHARGE RIDER TO NOTE is made this 1st day of July, 2004, and is incorporated intg and shall be deemed to amend and supplement the Note or Adjustable Rate Note, as applicable (the "Note"), of the same date given by the undersigned Borrower(s) to Accredited Home Lenders, Inc., A California Corporation. NOTICE TO THE BORROWER DO NOT SIGN TIDS PREPAYMENT CHARGE RIDER TO NOTE BEFORE YOU READ IT. THIS PREPAYMENT CHARGE RIDER TO NOTE PROVIDES FOR THE PAYMENT OF A PENALTY IF YOU WISH TO REPAY THE NOTE PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THE NOTE. The provisions ofthis Prepayment Charge Rider to Note are authorized by applicable state law or the federal Alternative Mortgage Transaction Parity Act of 1982, 12 U.S.C. ~~ 3801 et seq. PREPAYMENT CHARGE Ilwe may make a full prepayment or partial prepayments. However, if the aggregate amount oftbe prepayment(s) made during any twelve (12) month period within (Sixty(60)) months of the date of the Note exceeds ten percent (10%) of the original principal amount of the Note, then as consideration for the acceptance of such prepayment(s), Ilwe agree to pay the holder of the Note a sum equal to jive percent (5%) of the entire amount so prepaid. Any prepayments made after said initial (Sixty(60))month period shall not be subject to any prepayment charge. ~~Jt~~ Borrower DOUGLAS E KENDALL . 1-"'/-<>'" Date \:~~ ~. \\~OOA) -'-1-u1 Borrowe - Date CRYSTAL L HEFFNER Borrower Date Borrower Date Borrower Date BOlTOwer Date Borrower Date Borrower 5%-5yrs NY-1yr ~ * 100176104062226051 AHL PPR-S.UFF .' -., RENIW.t. ": ':" page 1 of 1 Loan' 0406222605 ., - . EXHIBIT 'c' . ACT 91 NOTICE TAKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE December 22, 2005 DOUGLASE.KENDALL 34 WEST MAIN STREET AlKJA 54 WEST MAIN STREET PLAINFIELD, P A 17081 CRYSTAL L. HEFFNER 34 WEST MAIN STREET AlKJA 54 WEST MAIN STREET PLAINFIELD, P A 17081 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice Ihal the mortgage on your home is in default and \he lender inlends 10 foreclose. Specific informalion about the nature of \he default is proyided in the allached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to saye your home. This Notice explains how the program works. To see ifHEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when YOU meet the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serying your County are listed al the end of this Nolice. If yOU haye any Questions. YOU may call the Pennsylyania Housing Finance Agency toll free al 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869). This nolice contains importanllegal information. If you haye any questions, representatiyes at the Consumer Credit Counseling Agency may be able to help explain it. You may also wanllo conlacl an attorney in your area. The local bar associalion may be able 10 help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: DOUGLAS E. KENDALL & CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AlK/A 54 WEST MAIN STREET, PLAINFIELD, PA 17081 0406222605 MERS AS NOMINEE FOR HOME FUNDS DIRECT MERS AS NOMINEE FOR ACCREDITED HOME LENDERS, INC. LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are enlitIed to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -Ifvou meel with one ofthe consumer credit counseling agencies listed at the end of this nolice the lender mav NOT take aclion againsl vou for thirtv (30) davs after Ihe date of this meeling. The names. addresses and telenhone numbers of designaled consumer credit counseling agencies for the county in which the nronertv is localed are sel forth at the end of this Notice. It is only necessary to schedule one face-Io-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons sel forth laler in this NOlice (see following pages for specific infonnation about the nature of your default). If you have tried and are unable 10 resolve this problem with the lender, you have the righl to apply for [mancial assistance from Ihe 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 complele application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or poslmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICA TION 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 IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. .' . AGENCY ACTION- Available funds for emergency mortgage assistance are very limiled. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued againsl you if you have met the time requiremenls sel forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it uo to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 34 WEST MAIN STREET, AfKj A 54 WEST MAIN STREET, PLAINFIELD, P A 17081 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following monlhs and the following amounts are now past due: 9/1105 thru 12/1105 at $475.64 per monlh. Monthly Payments Plus Late Charges Accrued: Suspense: TOTAL AMOUNT TO CURE DEFAULT $2,187.96 ($0.00) $2,187.96 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aoolicable ): N/A HOW TO CURE THE DEFAULT- You may cure the defauII within THIRTY (30) DAYS of the date of this Noliee BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,187.96 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaYment must be made either bv cashier's check. certified check or monev order made pavable and sent 10: Accredited Home Lenders, 16550 West Bernardo Drive, Bldg. I, San Diego, CA 92127, Conlactname: Luis Santos. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable) N/A. IF YOU DO NOT CURE THE DEF AUL T -If you do nOI cure the default within THIRTY (30) DAYS of Ihe dale of this Nolice, the lender intends to exercise its righls 10 acceIerale the mortgage debt. This means that the entire oUlstanding balance of this debt will be considered due immediately and you may Jose the chance to pay the mortgage in monthly installments. If full payment of the 10lal amounl past due is not made within THIRTY (30) DAYS, the lender also inlends to instruct ils attorney to slartlegal action 10 foreclosure upon vour mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. lfthe lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will slill be required 10 pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are S\arled against you, you will have 10 pay all reasonable attorneys' fees actually incurred by the lender even iflhey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, whieh may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. yOU will nol be required to oav attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for Ihe unpaid principal balancehand all other sums due under the mortgage. .' . RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou slill have the ricltl to cure the default and orevent the sale at anv time uo to one hour before the Sheriff's Sale. You mav do so bv paving the lotal amount then pasl due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in wriling bv the lender and by performing anv other reQuiremenls under the mortgage. Curing your defaull in the manner set forth in Ihis notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE- I1 is eslimaled that the earliesl date that such a Sheriff's Sale of the mortgage property could be held would be approximalely SIX (6) MONTHS from Ihe dale of this Notice. A notice of the actual date of the Sheriff's Sale will be senllo you before the sale. Of course, the amounl needed to cure the defaull will increase the longer you wait. You may find out al any time exactly what the required payment or action will be by conlacting the lender. HOW TO CONTACT THE LENDER- Name Accrediled Home Lenders Address 16550 Wesl Bernardo Drive, Bldg. I City and Slate: San Diego, CA 92127 Tel no. 1-877-273.4599 Exl. 5447 Contacl name: Luis Sanlos EFFECT OF SHERIFF'S SALE. You should realize thaI 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 10 remove you and your furnishings and other belongings could be started by the lender al any lime. ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided thaI all the outslanding paymenls, charges and attorney's fees and costs are paid prior 10 or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 DEF AUL T HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very.trulx,yours, :' :'-'i ",' .;:'<. ,'/. . , ; / J AT~okNEYFORLENDER ~ .1 .. NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ I. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. It'" 9' \dams County Interfaith Housing Authority 10 E High Street 3ettysburg. PA 17325 717) 334-1518 ::CCS of Western PA WOO Unglestown Road iarrisburg. PA 17102 188-511-2227 ;ommunity Action Commission of Captial Region 1514 Derry Street iarrisburg, PA 17104 717) 232-9757 _oveship, Inc. 1320 North 5th Street iarrisburg, PA 17110 717) 232-2207 ~aranatha 13 Philadelphia Avenue Naynesboro. PA 17268 717) 762-3285 :JHFA 111 North Front Street ;arrisburg, PA 17110 300-342-2397 CUMBERLAND COUNTY Effective 2/9/2005 at 10:05:11 AM ,.. .-' .. VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of histher knowledge, infonnation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. L~ ---- ?iR~ "I :l ~ '- ~ G ~ )..J r:U -- .Q. ~ r t: ~ ., h"0...8 {- .- ~-- -~, ~:il . . V, :-:: --r-"j - ---.~ - ,) C' '.J -..<: MORTGAGE ELECTONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF COURT OF COMMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. DOUGLAS E. KENDALL, AIK/A DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AIK/A 54 WEST MAIN STREET PLAINFIELD, PA 17081 DEFENDENTS NO. 06-1857 CIVIL TERM COMPLAINT IN MORTGAGE FORECLOSURE ANSWERS I. Admit 2. Admit 3. Admit 4. Admit 5. Admit 6. Admit 7. Admit 8. Neither admits nor deny The figures are in control of the Plaintiff and are not available to the Defendant 9. This is in conformity with the Pennsylvania law. 10. Admit 11. I have a meeting with Pennsylvania Homeowners Mortgage Assistance on April 27, 2006. Their answer will not be available till after that date. 12. Admit that the mortgage is in excess of$SO,OOO. However the Mortgage lien, is secured by my residence. \)~__CJt.ftJ/~ Douglas E. Kendall ,\\ \ l~' \ " .0. .'., /1 I / r t \ 't\~':\i I., JHi ..,J c. ,~ " r ;',~l ~::;:!.../.,', {~ I==' ,.., <-~ or THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JA V ARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS), Plaintiff COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY vs. No.: 06-1857 CNIL TERM DOUGLAS E. KENDALL, A/K/A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA.R.C.P. 1035.2 Plaintiff, Mortgage Electronic Registration Systems, Inc. (MERS), by its attorney, Gregory Javardian, Esquire, hereby respectfully moves this Court for Summary Judgment in its favor and against Defendant, Douglas E. Kendall, alk/a Douglas Emmet Kendall. In support of this Motion, Plaintiff submits the accompanying Memorandum of Law, Proposed Order, and Affidavit and avers as follows: 1. On July 1, 2004, the Defendants, Douglas E. Kendall, alk/a Douglas Emmet Kendall and Crystal L. Heffner, (hereinafter referred to as "Defendants,") executed a Mortgage in favor of Accredited Home Lenders, Inc., recorded on July 28, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1875, Page 0221. 2. The Plaintiff, Mortgage Electronic Registration Systems, Inc. (MERS), (hereinafter referred to as "Plaintiff,") is the owner of the legal title to the Mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, Inc., which is the owner of the entire beneficial interest in the Mortgage. 3. On July 1, 2004, the Defendants executed a Note in the principal amount of $67,200.00, the indebtedness of which was secured by the Mortgage. 4. The real property subject to the Mortgage is 34 West Main Street, a/k/a 54 West Main Street, Plainfield, P A 17081. 5. The Defendants are the record owners of the property subject to the Mortgage at 34 West Main Street, a/k/a 54 West Main Street, Plainfield, PA 17081. 6. The Defendants are in default of the Mortgage and Note by failing to make payments when due and owing. An Affidavit in Support of the Motion for Summary Judgment is attached hereto and marked as Exhibit "A." 7. On December 22, 2005, the Plaintiff sent to the Defendants Notice of Homeowners' Emergency Mortgage Assistance. A true and correct copy of the Notice is attached hereto and incorporated as part of Exhibit "C," the Complaint. The Certified Mail Receipts are attached hereto and marked as Exhibit "E." 8. Despite demand, the Defendants have failed to cure the default and reinstate the mortgage. ~-- 9. On March 30, 2006, Plaintiff filed the underlying Complaint in Mortgage Foreclosure. A true and correct copy of the Complaint is attached hereto and marked as Exhibit "C". 10. On or about April 17, 2006, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, filed an Answer to the Complaint}. A true and correct copy of the Answer is attached hereto and marked as Exhibit "D". 11. The allegations raised in the Defendant's, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, Answer do not set forth a valid defense to the Mortgage foreclosure action. 12. In the Answer, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, admits executing the Mortgage and Note and to being the record owner of the property subject to the Mortgage. 13. With respect to the issue of default, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, neither admits or denies default. See Exhibit "D" at paragraph 8. 14. It is well established that in Pennsylvania averments in pleadings to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. Pa.R.C.P. 1029(b); First Wisconsin Trust Co. v. Stausser. 653 A.2d 688,692 (Pa.Super. 1995). 15. Since the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, neither admits or denies default it is therefore admitted. 1 To date, Defendant, Crystal L. Heffner, has not filed a response to Plaintiffs Complaint. 16. The affidavit and payment history confirm that the Mortgage is in default as the Defendants have failed to make payments in accordance with the Note and Mortgage. See Exhibits "A" and "B." 17. At the time the Complaint was filed on March 30, 2006 the Defendants were still past due for the October 2005 thru March 2006 Mortgage payments. See Exhibit "B." 18. With regard to the Notice of the Homeowner's Emergency Mortgage Assistance, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, neither admits or denies receiving notice, but rather claims he has a meeting with Pennsylvania Homeowner's Mortgage Assistance on April 27,2006. See Exhibit "D" at paragraph 11. 19. On December 22, 2005, the Plaintiff sent the Defendants notice of the Homeowner's Emergency Mortgage Assistance. 20. Notice was sent by certified mail to the Defendants' last known address, 34 West Main Street, a/k/a 54 West Main Street, Plainfield, P A 17081, in accordance with the requirements under 12 Pa. Code Section 31.203. A copy of the Notice is attached to the Complaint as Exhibit "C" and the Certified Mail Receipts are attached and marked as Exhibit "E." 21. In terms of the Pennsylvania Homeowner's Mortgage Assistance, Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, was denied Pennsylvania Homeowner's Mortgage Assistance on March 20, 2006, which allowed the Plaintiff to proceed with the Mortgage Foreclosure Action. 22. With respect to the Act 6 Notice of Intention to Foreclose, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, admits the Mortgage exceeds $50,000.00, but claims the Notice should have been sent because the Mortgage lien is secured by the residence. See Exhibit "D" at paragraph 12. 23. A Mortgagee is not required to send Act 6 Notice of Intention to Foreclose if the original amount of the mortgage is greater than $50,000.00, unless the mortgage required the notice or if the property had been abandoned or voluntarily surrendered. 24. Whether Act 6 Notice of Intention to Foreclose is required does not depend on whether the Mortgage is secured by the residence. 25. Here, the original mortgage amount was $67,200.00, the Mortgage did not require the Act 6 Notice and the property was not abandoned or voluntarily surrendered, therefore the Plaintiff was not required to send Act 6 Notice of Intention to Foreclose. 26. Since the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, admitted executing the Mortgage and Note and to being the record owner of the property subject to the Mortgage, offered only a general denial of default and the payment history confirms the Mortgage is in default, there was sufficient Notice of Homeowner's Emergency Mortgage Assistance and Notice of Intention to Foreclose was not required, there is no genuine issue for trial regarding the issue of default. 27. Thus, pursuant to Rule 1035.1 et seQ. of the Pennsylvania Rules of Civil Procedure, there is no genuine issue as to any material fact and Plaintiff is entitled to Judgment in Foreclosure as a matter oflaw. WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that Judgment be entered in Plaintiffs favor and against Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, in the amount of $72,554.31, plus interest, at the per diem rate of $13.82 from March 21, 2006 until the date of judgment and legal interest thereafter. Dated: 5" /}(j) /00 Exhibit "A" THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 st FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS), Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY DOUGLAS E. KENDALL, AlKJ A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants No.: 06-1857 CIVIL TERM AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT I, Scott Conradson, of full age being duly sworn according to law, depose and say that: 1. I am alan Assistant Vice President at Accredited Home Lenders, Inc., and have personal knowledge of the facts set forth in this Affidavit. 2. Mortgage Electronic Registration Systems, Inc. (MERS) (hereinafter referred to as "Plaintiff') is the owner of the legal title to the mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, Inc., which is the owner of the entire beneficial interest in the mortgage. 3. The attached payment history is a true and correct copy of the Defendants' payment history. 4. On July 1, 2004, the Defendants, Douglas E. Kendall, a/k/a Douglas Emmet Kendall and Crystal L. Heffner, (hereinafter referred to as "Defendants") executed a Mortgage in favor of the Plaintiff, recorded on July 28, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1875, Page 0221. 5. On July 1, 2004, the Defendants executed a Note in the original principal amount of $67,200.00 payable to Plaintiff in monthly installments with an interest rate of 7.6.25%, the indebtedness of which is secured by the Mortgage. 6. The land subject to the mortgage is: 34 West Main Street, a/k/a 54 West Main Street, Plainfield, P A 17081. 7. The Defendants are the Record Owners of the property subject to the Mortgage located at 34 West Main Street, a/k/a 54 West Main Street, Plainfield, P A 17081. 8. Notice of Homeowners' Emergency Mortgage Assistance was sent by the Plaintiff to the Defendants via regular and certified mail on December 22,2005. 9. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. 9. As a result of the default, in accordance with the filed Complaint, the following amounts are owed on said Mortgage: Principal Balance Interest to 0312012006 Accumlated Late Charges BPO Bankruptcy Fees and Costs Attorney Fees Costs of Suit and Title Report TOTAL $ 66,543.00 $ 3,215.29 $ 371.02 $ 100.00 $ 775.00 $ 1,000.00 $ 550.00 $ 72,554.31 10. The per diem rate is $13.82 for each day after March 21, 2006 that the debt remains unpaid until the date of judgment plus costs of suit and attorney fees. 11. Defendants have been credited with every payment made by them and received by Plaintiff and/or its assignors. Proper amortization of the principal and interest amounts have been calculated. 12. All interest calculations have been correctly calculated from the date of the default and all accumulated late charges and fees have been properly assessed. 13. Despite demand, the Defendants have failed to cure the debt as it is presently due and owing. ACCREDkDERS' INC. 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III CD ~~ :i' !'> )> " o : a if )10 " o 0:: a ! il ;; !' !. .. ::s " . )> ! " . ~ ill a. !l )> " o 0:: a. "V J!: .. .. It' " .. il . . .. il . ."., Exhibit "C" . 4 ' .", ~ ,.. LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 o f=; S3Ui iT ~~:~ r- ,-- J> ,- . .:::.('- A TIORNEY FOR PLAINTIFIP to' ~.:: .--1 -< COURT OF COMMON PLEAS MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI48501-2026 PLAINTIFF CNIL DNISION CUMBERLAND COUNTY VS. NO. ~ - /Pq G"uL~"'L DOUGLAS E. KENDALL, AlK/A DOUGLAS EMMET KENDALL CRYSTAL I,.. HEFFNER 34 WEST MAIN STREET, A/KJA 54 WEST MAIN STREET PLAINFIELD, P A 17081 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTII BEWW. TIllS 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 f'oo..3 = = 0"\0 o .,., :r! nl :::n r- -01]'1 ::iJ? 0- ::;JY (.) :TI .70 o iT! ~ -< :Jt ::t:;>. ;;;0 w o -u .:.m.:: ~ (...) -.J . , . IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECENED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRlTIEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF . REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECENED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATIORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . . , ~ LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 A TIORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. DOUGLAS E. KENDALL, AlKJA DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AlKJA 54 WEST MAIN STREET PLAINFIELD, P A 17081 DEFENDANTS NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE I. Mortgage Electronic Registration Systems, Inc. (MERS) (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Douglas E. Kendall, alk/a Douglas Emmet Kendall and Crystal L. Heffner (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee. The Mortgage, dated July I, 2004, was recorded on July 28, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1875, Page 0221. A copy of the Mortgage is attached and made a part hereof as Exhibit' A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on July 1,2004 in the original principal amount of $67,200.00 payable to Plaintiff in monthly installments with an interest rate of 7.625%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. , . . . 5. MERS is the owner of legal title to the mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, Inc., which is the owner of the entire beneficial interest in the mortgage. 6. The land subject to the mortgage is 34 West Main Street, a/kfa 54 West Main Street, Plainfield, P A 17081. A copy of the Legal Description is attached as part of the Mortgage as Exhibit CA' and incorporated herein. 7. The Defendants are the Record Owners of the mortgaged property located at 34 West Main Street, a/kfa 54 West Main Street, Plainfield, PA 17081. 8. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance Interest to 3/20/2006 Accumulated Late Charges BPO Bankruptcy Fees and Costs Cost of Suit and Title Search Attorney's Fees TOTAL $66,543.00 $3,215.29 $371.02 $100.00 $775.00 $550.00 $1,000.00 $72,554.31 plus interest from 3/21/2006 at $13.82 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680A03c. . , 11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the unifonn notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on December 22,2005. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. 12. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice oflntention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, inthe sum of \ $72,554.31 together with the interest from 3/21/2006 at $13.82 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian ~' , , . , . . EXHIBIT 'A' , . ..1", ~ Q ,~ . , .;. 30 3.# ~. ! ~ ~:-:r.: ~\"'I '.'~ :IEGlER . ._...,_1 . ^ "'. . ...-. ,-- l"IEC:Oc. !l:_,,;,t-.L ~.I ur u '- 'l , !''''';'-JI ":'. C'~UNTY-PA . .';C~ _1-1,...1'\.... ,. 'U~ JUll8 AM 8 "Lt8 Prepared By: Accredi ted Home Lenders, :Inc. A California Coxporation 15090 Avenue of Science San Diego, CA 92128 Return To: Aaoredited Home Lenders, :Inc. A Ca1ifornia Coxporation 16550 West Bernardo Dr, Bldq 1 San Diego, CA 92127-1870 Parcel Number: 46-18-1394-086 [SP.ace Above TbIs IJne For Recording Data) MORTGAGE ~~1001761040622260S1 DEFINITIONS Words used in multiple sections of this document are defined below and other words arc ciefiMd in Sections 3, 11, 13, 18. 20 and 21. Certain rules..regprding the usage of wotds used in this document are also provided in Section 16. (A) "Security lDstrmneDt" means this document. which is datedJuly 1, 2004 together with all Riders to ~ ~ (B) ''Borrower'' is DOUGLAS (~AND CRYfrtAL L. HEFFNER Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's sua:essotS and assigns. MERS is 'the mortgagee under this Secmity lDstroment. MERS is organized and existing under the laws of address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679- PEI\INSYLVANIA _ SIngle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS .. -6A(PA) (02021 . Page 1 0/18 IMIU:~O~ VMP MORTGAGE FOAMS. tBOOI621-7291 -::: -- BK I 87 5 PG 022 I . ' i ... a. (D) "Lender" is Accredited Home LendeIs. Inc. A Ca&romIa Corporation Leader is a eoxporation organized and existing under the laws of the State of California Lender's address is 15090 Avenue ofScienc:e San Diego. CA 92128 ' (E) "Nofel' means the promissory note signed by Borrower and dated July 1, 2004 The Note states that Borrower owes Lender sixty-seven thousand two hundred and 00/100 Dollars (U.S. $ 67 , 200.00 ) plus interest. Borrower bas promised to pay this debt in regular Periodic Payments and to pay the debt in full not 1aterthan July 1, 2034 (F) "Property" means the property thai: is descnDed 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. (B) "Riden" means all Riders to this Security InstnuneItt tbat are executed by Borrower. The follOwing Riders are to be executed by Borrower [check box as applicable]: E3 Adjustable Rate Rider D Condominium Rider D Second Home Rider Balloon Rider D Planned Unit Deve10pmeat Rider D 1-4 Family Rider D VA Rider . D Biweekly Payment Rider (i] Other(s) [specify] Arbitration Rider (l) "Applic:able La"" means all controlling applicable federal, stale and local statutes, reguJadoDs, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, DOD.-aPI)ea1able judicial opinions. (J) "Commuolty Assoc:iation Dues, Fees, and Assessmmjs" means all dues, fees, assP-SWJP.I1.ts and other charges that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (K) "Electronic Funds Transfer'" means any transfer of funds, other than a traosaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal. telephonic instrument, computer, or mag1Iedc tape so as to emler, instruct, or authorize a fiDancial institution to debit or- credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller Imlt'J1ine tranSaCtions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "MlsceDaneous Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any tbiId party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of. the Property; (ii) condenmation or other taking of all or any part of the Property; Cui) conveyance in lieu of coDde:lJ'lrmion; or (lv) misrepresetttatons 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. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus Cli) any amounts under Section 3 of this Security Instrument. , . .. -6A(PA) to202t . PBge 2 of 18 ^ ~ f) Jv 0406222605 1n1l1als:~ . Form 3039 1/01 BK 1 8 7 5 PG 0 2 2 2 ! 4 , , .. " (P) "RBSPA" meaus the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its ~1ementi~g ~on, Re~ X (24 C.F.R. Part 35(0). as they might be amended from time to time. or any adchtional or successor legislation or regulation that governs the same subject matter. As used in this Sec:urit;y 1nstrumeDt. "RESPA - refers to all tiquiremeots aDd restrictions that are Imposed in repn:t to a -federally related mortgage loan- even if the LOan does not qualify as a -federally related mortgage loan- under'RBSPA. (Q) "Successor in Iaterest of BolTOWer" means any party that has taken title to the Property. whether or not that party has assmned Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 'Ibis Securi1y Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and modifications of the Note; aDd (ii) the performam;e of Borrower's covenants and agreements under this Security Instrumeot and the Note. For this pmpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Leader and Lender's successors and assigns) and to the successors and assigns of MERS. the fonowing described property located in the County rrype of RecontiDg Jurisdicdon] of CUHBBRLAlm lName of Recording Jurisdiclion]: See Legal Description Addendum Page Attached which CUlTeJltly has the address of 34 WEST HAm SDBB'r, JUCA 54 WEft Dm S'rRBBT [SImeQ PLAIm'DILD [City], Pennsylvania 17081 {ZipCodel (-Property Address-): TOGETHER WI11l all the improvements now or hexeafter erected on the property, and aU easements, appurteoaqces. and fixtures now or hereafter a part of the p~. All replacements and additions Sba1I also be covered by this Security Instrument. All of the fo ing is referred to in this Security Instrument as.the -Property. If Borrower understands and agrees that ~ holds only legal title to tb8 interests granted by Borrower in this Sccuri!l Instrument. but, if necessary to comply with law or custom, MBRS {as nominee for Lender and Lender s successors and assigns) has the right: to exeroise any or all of those interests. including. but not 1imitec1 to, the right tQ fQreclose and sell the Property; and to t:a1cD any action required of Lender including. but not limited to. releasing and canceling this Security Instrumeot. \\ () 1r\ A.~ 0406222605 lnlllllls:~'" C\ -6A(PA) IO:ZOZl '.-:-_ ... 3 of te 'Form 3039 1/01 6K I 87 5 PG 0 2 23 ~ .. 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 lJDe[lr.lJIDbered. except for encumbraoces of record. Borrower wamDI:S IJld will defend generally the title to the Property against all cIaims and d","""M', subject to any encumbrances of record. nus SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Intenst, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay wbeD due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument sba1l be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security InstJ:uInent is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Secority Instrument be made In oue or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasorer's check or cashier's check. provided any such check is drawn upon an institIJtion whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location ~ignated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment iDSUfticient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, LeDdet shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balm:e under the Note i,..."..niately prior to foreclosure. No offset or claim which BoIIOwer might have now or in the future against Lender shall relieve BoIIOwer from making payments due UDder the Note and this SecuritY Instrument or performing the covenants and agreements secured by this Security Jnstrumeut. 2. Application of Payments or Proceeds. Except as otherwise descn'bed 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) priDcipal due under the Note; (c) 8JD011DtS due under Section 3. Such payments sba1l be applied to each Periodic Payment in the order in which it became due. Any pmllining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suffICient amount to pay any late charge due, the paymeot may be applied to the deliDquent 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 elttent that, each payment lnIlhIlI: <:::..~ Qt/ 0406222605 .~tP~II0202I Page4of1' Form3039 1101 lD . BK I 87 5 PG 0 2 2 4 . can be paid in full. To the extent that any ext:eSS exists after the payment is applied to the full payment of one or more Periodic PaymentS. such excess may be applied to any late charges due. V oluntaIy prepayments shall be applied first to any prepayment cbarges and then as described in the Note. Any application of payments. insuran.C8 proceeds. qr M"tsedIaneoUS Proceeds to principal due under the Note shall not extend or postpone the due dale. or cbange the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower sba1l pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amoUnts due for: (a) taXeS and assessments and other itemS which can attain priority over this Security InstIumeDt as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by LeDder under Section 5; and (d) Mortgage Insurm:e 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 tenn of the Loan. Lender may Iequire that Q,mrmuqty Association Dues, Fees, and As~ts. if any. be escrowed by Bottower. and such dues. fees and assessmmttA sba11 be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower sbal1 pay Lender the Funds for Escrow Items uoless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leoder may waive Borrower's obligation to pay to' Lender Funds for any or all Escrow ItemS at any time. Any such waiver !MY only be in writing. In the event of such waiver. Borrower shall pay directly. when and where payable. the amounts due for any Escrow Items for which payment of Funds bas been waived by Lender and, if Leoder requiRs, sball furnish to Lender receipts evideDcing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts sball for all purposes be deemed to be a coveoant and agreement contained in this Security Instrument. as the phrase .covemmt and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directlY. punuant to a waiver. and Borrower fails to pay the amount due for an Escrow Ifem, Lender may exercise its rights UDder Section 9 and pay such amount and BoIrower sbal1 then be obligated under Section 9 to repay to LeDder any such amount. Lender may revoke the waiver as to any or all Escrow ItemS at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Lender aU Funds. aod in such amounts. that are then required under this Section 3. UDder may, at any time, collect and bold Funds in an amount (a> sufficient to permit Lender to apply the Funds at the time specified under RBSPA. and (b) not to exceed the maximnm amounl a lender can require under RESP A. Lender sbaU estimate the amount of Funds due on the basis of current data. and reasonable estimates of expenditures of future Escrow Itcms or otherwise in accordance with Applicable Law. The Funds sbal1 be held in an institution whose deposits are insured by a federal agency, instfument8lity. or entity (mc1uding Lender. if Lender is an institution whose deposits are so insured) or in any Federal Henne Loan Bank. Lender shall apply the Funds to pay the Escrow ItemS no later than the time specified under RBSP A. Lender sba1l 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 agr:eement'is made in writing or Applicable Law requires interest to be paid on the Funds, Lender sball J!.Ot be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing. however, that interest -:---. .....oo6AIPA.I0202I ., ~ ,.5of1& BK I 875 PG 0 2 2 5 t \ 9lV O<10622260S Initials: ~ Form 3039 1/01 -"'1""'-_..- shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RBSP A, Lender shall account to BorIOWer for.the excess funds in accordance with RBSP A. If there is a shortage of Funds held in escrow, as defined under RBSP A. Lender shall notify Borrower as required by RBSP A, and Borrower sha11 pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but in 110 more than 12 moDth1Y payments. If there is a deficiel1C)' of Funds held in escrow. as defined Under RBSPA, Lender shall notify Borrower as required by RESP A. and Borrower sba1l pay to LeDder the amount necessary to make up the deficieocY in acc;ordance with RESP A. but in no more than 12 montbly payments. Upon payment in full of all sums seemed by this SecuritY Instr\11UeDt. Leoder sball {)romptly refund to BorroWet any PuD41s held by Lender. 4. Charges; Liens. Borrower shall pay all taXeS. assessmP.l1ts, charges, fiDes, and impositions attributable to the PropertY wbicb can attain priority over this Security JnstrIlDleDl, leasehold payments or ground rents on the PropertY, if any, and ConJm1.mity Association Dues, Fees, and As~ts, if any. To the extent that these itemS are EscroW ItemS. Borrower shall pay them in the m.anuer provided in Section 3. Borrower shall promptly cJiscbarge any lien which bas priority over this Security lnstnJIDt:Dl unless Borrower~ (a) agrees in writing to the payment of the obligation secured by the lien in a I118Il1W accepfablo to Lender, but only so long as Borrower is perfomUng such agreement; (b) contests tb8lien in good faith by. or defends against enforcement of tb81ien in, legal proceedings which in Leoder's opinion operate to prevent the emorcement of the lien wbi1c those proceedings are pending, but only until such proceedings are coDCluded; or (c) secures from the holder of the lien an agreement sarisfactoIY to LeDder subordhlaling the lien to this SecuritY lnstr\111lCDL If Lender detemJines that any part of the Property is subject to a lien which can attain prioritY over this Security 11ISt1'UJDtAlt. I..eDder may give Borrower a DOUce identifying the lien. Within 10 days of the date on which that notice is given. Bon'Owef 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 verifLCatlon and/or reporting service used by LeDder in connection with this Loan. S. Property ~ Borrower shall keep the improvements DOW existing or hereafter exected on the PropertY insured against loss by fire. hazards included within the teml -exteDded coverage. - and any other bazaJ;ds iocluding. but not limited to. earthqUakes and floods, for which Lender requires msurance. This iDsUraIJCC sball be ~~;ned in the amounts (including deductible levels) and for the periods that L.ender requires. What Lender requires pursuant to the preceding sentenCeS can c:bange during the term of the Loan. '1.'he ins1Jra11CC carrier providing the insuraDC8 shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, wblch right shall not be exercised unreasonably. Lender may '"'I'"'" ~ to 1"'1, ill """""'"'" wi1h this !.om. eitbor: (al a ....- -.. for tJooc\ """ determination. certification and traelcing services; or (b) a one-time charge for flood zone ctetemdnation and certification serviceS aDd subseqUeDl charges each time remappings or similar changes occur which reasonably might affect such deterJnination or certificalion. Borrower shall also be responsible for the P'Y""'" of my ,... impoSCd by tho FedemI __ MaoagaDOOt ApJ/'Y In - wi1h tho review of any flood zone determination resulting froIIl an objection by Borrower. J, kdt_1~ ~ J)~ 0406222605 Form 3039 1101 ---.. r-a-lIof1l1 ..... .- .-- G-6AtPAlI0202l . BK' 875PG0226 If _ laila .. ...- "'" of tbo ..- "....;bod oboW. LePdo< - - - _ .. j.aldor'. opdon IlOli JlonOWS'. __ j.oodor ;, - no oblIplIon" pnctwc "'" psdladIr m>C or _ of __ ~ socll """,oge sIWI ""'" j.oodor. but oDabt or oDabt not ,.....1lonO-. _'I oqulty In tbol'rol>"'Y, or tbo - of tbol'rol>"'Y' ..- "'" rlsI<. ~ or Uablli1Y oad migbt proWIe ....... or _ ..- dim .... pteYloUIIY In -- - ............... lbattbo "'" of ... __ ........ so ~ migbt slgDllkmdJ """" tbo "",of __ Ibat_..,wd- ~ ^'" _ -- by j.oodor- ibis _S sIWI _~_of_-"" by IbIsSoalrllY __ ".,.. - sbaI1-- .. tbo NolO _ _ dlo _ of ~ ami sIWI be poyob1e, with sod>- -- -- l..eIlder to Borrower requesting payment. All __ ~ RqUhed by LePdo< oad .-wols of """ po1ldIo sbaI1 be sobjoot ..1.<DIo<" tight to __ sod> poIidoI. sbaI1 _ . ~ .- -. sad sIWI ..... LoDdor II _ amIIor .. ..1lIdiliOaJI \oIS _ ~ sbaI1- ... rill>' .. boI4 dlo ~ ami ..,.,..."t __ If Lolld* ........' _ sIWI JIl""'I"IY po to LoDdor sIl -'PI> of pold promlumI oad ....... _ If _ -. "'" fuPn of _ -. not CJlbonriso """'""" by LoDdor. tllr _ ... or __ o~ tbo PropCdY. SDdl tdi"1 sIWI _ , ~ .- _1lOli sba1l name Lender as mortgagee and/or as an ad4itionalloss payee. In dlo ..... of _ _ &I1sI1 glw P"""t" ...... .. tbo -- - mal j.oodor. LoDdor _ .- proof of \011 ;r not mad<> p"""I!'IY by _. \lDIoII LoDdor 0DlI1lonO- --- ....- In _. "",_ ~ _ or not tbo..-m. __.... """'""" by LoDdor, sIWI be appIIod .. .......... or ...... of lbal'rol>"'Y. ;r tbo .......... or ...;, ~ - 0DlI ~'. ~ Is not.......... Durin& _...... 0DlI.......... pcoiod. ~ sbaI1- tbo tight .. boI4 _ __ ~...n LoDdor bas "",.. __..luspoct _l'roI>"'Y .. -"' lbe -" bas _ ~ .. j.aldor'. ............ poovldoIlhal - .......... &I1sI1 be """"""'" ~y. LoDdor _ _ ~ for tbo t<pObs 0DlI..........1n , 0ngIa P'J-" or In , """ of P"'P'" ~.. dlo -,,;,.....,pldod. Uu"'" so..........;, mad<> .. - or AppIIcabI> Law -""' _ .. be paid no _ __ p""""'. LoDdor sbaI1not be """'""" .."",,- .., _ or _ ... socll P""""'- _ for ~ ~ or - - pam... .- by ___ sbaI1not be paid ad of tbo __ P"""'" 0DlI sIWI be dlo sole ob1lpllan of _. If lbe __ or ...... ;, not ......,BcsI1Y _10 or LeDd<<" - - be .......... ... - ~ _ be appIIod .......... -"" by ibis _ --. - or not - dDc, with dlo _, If "",. paid .. _. _ _ P"""'" sIWI be appIIod In"''''' p1OYHIod fllr In Section 2. If _ _ dlo l'roI>"'Y. LoDdor _ .file, -- oad - ""'..- - cIaIn1 0DlI ,dalod- If _ does not ~ ..- 30 day>" ,_!10m j.oodor lhallbe __ _bas _.. _,cbiJn, _!.sader _ __ 0DlI- lbec\abn. Tho_ podod will begin _ ... ...... Is &i- In _ ...... or ;r LoDdor ~ dlo l'roI>"'Y - _ Xl or --. ___ hoftbY ..... .. LoDdor (0) JlonOWS'. rlgbb to any - ~ In" _ not.. """" dlo __ uapaId - lbe Note or ibis - --. 0DlI (b) "" _ of BorO>W<<" rlgbb <- dim ... tlgbt .. "" Jdlmd of ~ promlumI paid by _) _ sIl- po1ldIo _ lbel'rol>"'Y. InSOfar .. socll rlgbb ... app1lcsble .. lbe _ of"'l'roI>"'Y' LoDdor _ _... _ p..c:eods ""'"' .. ...... or """'"... PropCdY or .."""_ uapaId _... N'" or ibis _ __ _or not - duo. 1nlII*:Q.. ~ ~ 0406222605 , Form 3039 1[1)1 -:- '.:: " Poge7 of 16 G-6AlPA110202I . BK \ 875PG0227 6. ll<<DP"""1' _ sba1I _, 0$bbIisb, aad "'" 1I1t \'IOpCrt)' as -'. p<iIIlipII __ ..- 6Il dsp _ die .......,tlon oldUs _ ........... aad sba1I- to _1110 \'IOpCrt)' as _'. p<iIIlipII.-ror" _ _ _ _1110 - of.-. - Leod<< odJerWiso _ in wrllin8, _ ...- sba1I DOt be ~ -. '" - .....,...IIDll ~ exist which are beyond Borrower's contrOl. 7. ~ ~ sad ~ of the l'IOpHtY; ~ - sba1I DOt _, __ '" ~ 1110 \'IOpCrt)'. s\loW Iba \'IOpCrt)' ID ......... or """""' ..- on 1110 \'IOpCrt)'. _ or DOt __ is.,.wing in 1110 \'IOpCrt)', __ sba1I"'- tho PropcdY In .... ID ,..- 1110 \'IOpCrt)' fioDl-- '" ~ in - due to lis - lh>\OSS it Is .-- ,....- to __ S tbIt upsir '" __ Is oot ...",....;cauy -. - sba1I prclO'IIII1 upsir tbo \'IOpCrt)' If oIlollIBo4 to .- -.. -- or -- II .....- or __ p<<lCOC'k ... paid in .,.,.,...,don _ _ ID, or tbo - ot 1110 \'IOpCrt)', - sba1I be ~ lot "4JB!rlD& '" .-.;os 1110 PropcdY oaly If Leod<< bas ....",;:d p<<lCOC'k lor IUd> ~. LcoJdor "",,_ p<<lCOC'k lor tbo JOPoiIs aad __ in. slnzIo (lOJDlOlll or in. sodcs of ......... P"Y"""'" as tbo ...<1; is ~ II tbo _ or -- p<<lCOC'k ... oot - ID upsir '" .-.. die \'IOpCrt)'. __ is DOt ...- of~' obIlgsdon lot tbo COlJlIl!ollnn of such repair or restoration. Leod<< 0< lis _ """ .- """"""'" ....... 11(101' aad iuspeetiooS of tbo PropcdY. llit bas ....,osbIo osuse, LcoJdor _ mspod tbo _ of tbo ~ em tbo \'IOpCrt)'. Leod<< sba1I gM Borrower notice at the tiJII8 of or prior to such an intedot inspection specifYin& such,reasonab1e cause. 8. JlorroWU" ~ AppIIcsIIcm- -- sba1I be in - If, - Iba ~ sppIlcalloO ~, __ '" SD'/ _ '" -.. - st lbo cIkoClicm of -- '" - ~. )mOWIedF '" _ _ ..-;any fsIse, miJIesdln8. '" - ;,,(ormsIk>n or - to I.aJIot (0< _ to ...- Leod<< _ .-Isl IofntmslWD) in -- - tbo Loan- MsLaIsI __ inc\lJdc, bot ... oot 1IDD1od to, ............ ~ ~. - oflbo PropertY as Borrower's principal resideu:e. 9. ~ ofLooob<" ~ Ia the ~ sadlllgllls Under tldi Sea1dty___1f (s) eo...-faiIs to perlbPIltho""""" aad"'-- mOslood indUs - -. (b) 1blso is . 10gsI ~ tbIt alig1a sIgniflcsDlIy - )..eolIe<'. .- in lho \'IOpCrt)' sod/Or rlsbIs - dUs _........... (..... as.~ in _, probsIO. lor -- ",_lor ....._ of . lion _ """ _ p<imlIY .... dUs _ ........... 0< to -= - or ...->, '" (0) Bono- has __ Ihi> \'IOpCrt)', - I.aJIot """ do aad pay lot - is ....,osbIo or ~ to p.- Loodor" - In lho - aad righls UlllIct dUs - -. jodudlDg ~ sod/Or _.dJo _ oflho PropcdY, aad iocot\D8 - rq>SlriDI lho \'IOpCrt)'. J.oDdcr'. _ _ inc\lJdc, W ... oot 1IDD1od to: (0) paylDs SD'/ ..... ~ by . lion _ has pricdIY .... dUs _ __ (b) sppcarinI in """" aad (0) paylDs t.-sbIe _' "'" ID p.- Us'- in tho _ swJIo< rlsbIs _1hIs - -. - i1s ~ pcoiliOllln . __ ~. - tho \'IOpCrt)' _. W is DOt 1IDD1od ID, .....,log tho PropcdY to'- upsirs, _0 _ nplsco or""" up doorS aad -, drain- fioDl pIpeS, __ buiIdlD& '" _ ...... vio\sllODS or _ - aad have -- on '" oIL ~p Leod<< """ tsb: _ _dUs __ 9, Leod<< does oot '""" to do so aad is oot _ SD'/ duly or obIipIioD to do so. it Is spod tbIt Leod<< \nCWS ...lisbDilY lor DOt - SD'/ or sll actiODS authorized under this Section 9. InI\l81I: (\ ~ Q(... 0406222605 ~rm ~ :1101 PIlII 8 of,8 G-6AlPA) 102021 . BK' 875PG0228 " . N<1- ~ by t.ooI!< _ ibis _.9 man - od<IltioIl"' .... 01- ....,...1 by ibis Sccodtl' __ ..- __ man - -." tile Nolo ,.,. ..... Ibt dalo of __ ood man be ~ '"'" od>- -. upon............ """" to - .......... p~ If ibis s,a.ritY __ Is GO a \oadIOIIl. _ man o<JIOl'IY '"'" oil "" ~ 01"" __ If _ """""" ... tide to"" P1<>I""Y' Ibt """"'" ood Ibt ... tIIle man oot -.. .- Lender apes to the merger in writing. to. __ ___ If"""" 1OqIlit<d -- - IS a - 01_"" ~ _manP"l "",~~to""""""'~ _In'-' If, loroNJ'-' "'" __ __........ ~ by """"...... to be _ .....Ibt- -... ~ p1OYidOd od>- __ ood - -..... to - ~ ~..,..... ;.....l "'" ~ lor __ -. - man P"I "'" P""'"- ~ to obtain _ --""I1...,nva1e8t" "'" __ __ ~ m'-' '" a "" ~ ....... to "'" "" to _ of "'" __ -- poMiaDIy In -. ..... .. - _ _ ....... by 1.aJI<r. If ~ ...,nvaIe8t w_ -- ........ Is ... ..-. _ man _ to pq to """" ""'....... of"'" __ desipaI04 P"P"'"' dlot _ .... """'" "'" _ _ ...... to be In __ ....... WllI _ ... ood .- ..... ~ IS a _~ \OD -'" In u.o of- - Soch .......... - be ................. ~ "'" ... lbtllbt umls GIdiDaoeIY pold In Ml. ".i """" - ... be ....,mod to pq"""- m1 _ at ..- GO od>-Iooa ....... 1.aJI<r.... GO - teqohe \OM -'" ~;( __ __ _ (In Ibt""'" ood lor "'" pedod lbtl ienIa" .........l ,....,... by .. _ ....... by """" opIn _ ..-. Is obia\o<d. ood """" """'" iopantoIY ~ ~ towad Ibt..........lor __......... If"""".....-- ....- IS a _ of- "'" um ood - -....... to - ~ ~ P"fI""'!" towad Ibt ~ for __ -. - - P"I dH> ~ ~ .. ........ __ __ In -. at to fO"!d" . ~ Iooa .-... ".dI Loodoa" .....-for__....-.....In_wIlhWJY-~__ood """" ~ lor ..... ..,-JoG or...n ...-Is ...,..... by ~ )>>0. _In ibis _ 10 ...... __a ""'"""'"'.. pri'/ _" ""',.,.~ In "'" *"' __ __ _ """" (or oNJ _lbtl ~ "'" N""') lor - - · _ i-' ;( _ _ ... .- "'" um IS ....... - Is ... a partY to tho -- msurance- . w_ _..- tboi>: tolSl.... GO oil..... _In............... to time, m1may ....;,...- _ _ podIoo lbtl..... or _ tboi>:"'" or'- -- ..-............ ... .. ..... m1...,.Ji1ioPa ...... _ to "'" _ - ood "" - partY (or padlIS) to ............... '\"baO"'-- ....""'- _to -~ - oNJ..... 01_ tbat ""'_ _ __ _ (--- - - 0bIaiD0d"'" 04_ ~~Ull1S). M ....... of..... ~ J.,do<, SD1 ~ of "'" -. - -, oNJ-' "" _ _, or oNJ _ of WJY of "'" ~ may """,. (.r_ or iIaIIJedlY) -- lbtl .ded,."", (or mIabl be ~ IS) apotdoP 01-""""" lor -- -. In _ lor _ or ,.".nlyIn& "'" _ __a ..... or naIudno -- If od>- .......... pm-Mos lbtl .. _ of"""" .... a ..... of"'" _'a .... in - lor a ..... ollbt .......... pold to "'" _, "'" ~ Is""" - 'oapIive -' - (a) A>>Y ..... .-- . .... .- ... - .... - .... ....... to pri'/ lor __ _ or""" ..... _ of....-. Su<b ~,.m.... _...- _..... lor __ --..... tbq..... iadllle_to"""..rand- \fIIllt/tS'r:;;.~ 9~406222605 -::- _ ~ ~39 1/01 l'ID8 . of 16 .-6A(PA) 102021 . BK \ 87 5 PG 0229 (bl 1>"1- ~ "'" ... .- ... - - "'" - U 0111 - ..... ....... .. ... _ __.-'" __ ~ 1<#" _.. 0111.......... ~- - j"doolo the ...... .. - ....... .-. .. ....... .... - .......- .. the -- --......... --- ~.............,' -.. -' .-..... __ _.-..-.... __;,;.....<1..... - of '""'............. ~on. 11- ~ ........- ~ ~ All Misl:d\- ..........-'" assigned to and ~ be paid to ~. U... ~ II ~ .,do ~ ..........n .. oppIie4" ~ '" ...... of ... .....,.ny, u... __ '" ......;, ~ ftlOIblo .... ~. -"'" ;, ... ~. _.,do......... .-oO""~' "",,",...n -... dob'''' boI4 """ ~ ....... ...n ~ boO .... .. ............ .. ...... .... - '" -- ... - boO '"'" ~ .. J.<oOk<'. __ ~ till! """ ......... ...n .. --,......". J.<oOk< 1JfI'J P'1 for'" ..... ... ~ b>' ....,. ~ .. la · """ of ~ ~ .. ... -" ;, ~ tJuIoSI" ~ b _la""'" '" .......... LaW ~...........,..... """ ~ ........ """"' ...n ..... ~ '" Fl _ S<lf ..-" - on.,do ~ ~ If....--or...... b'" ~ _or........ -""'-'" .. ~ ... ~..........n" oppIie4......... -"" '" lids - ~ _..... _.... ..........-. u S<lf, ,..... _.Sad> ~..........n be ~ in the otdet pto"Iidec1 for in Section 2. . In ... .- of . ootsI _ ~ '" "'" la ..... of ... -, ... ~ ....... sba1I .. oppIie4 '" ... .... -"" '" lids - --- -- at'" - .... .... the excess. if any. paid to Boaowet. In ....- of'~ ___ at "'" la..... of'" Po>l""l' la ...... ... fSh"- ..... of ... _ . . 1 """'" ... ~ - ....-. '" ... la .....11-' .. .. ..- _ ... ....... of ... .... ....... '" lids - ......... ..........., """'" ... portIoI _, ~ '" "'" la -. _ _... LaP<< -'"'" .....la -. ....... ....... '" lids _ j.,uumool ...n .. i<cJooo4 '" ... ....... of ... ~ ....... """"'"" '" ... .......... _ (0) ... lObI ....... of ... .... -"" ~ """'" ... p..tIol _, --. '" "'" la ..... diWkD '" (bl ... fsk ..- ..... of ... - ~ _...poOloI_,............ "" la'- 1>"1_...n ..,...",_. In"''- of. portIoI_, ___ at "" la"'" of'" _la"""'" fsk"- ..... of'" _ ~........ pidio1- ~ or \011 la ..... II'" -... ....... of....... -"" ......-........ patb1-' ~ .. "'" la'- - _ _ J...,Jer --"" .....la ..-' ... ~ ....... ...n .. oppIie4'" ... .... ....... ",lids _10..- -........ - ...-- If ... _ b.......... '" _. at If. _ - '" J.<oOk< .. - to" tho OppooIDB)'ortY (.. d-' la"''-' _1_'" _........ .. - · - for-' _ falls '" ~ .. """"'......... _ -........ ... _Is ....., J.<oOk< Is ~ .. ..- .... ''If!.'I'''1ofisCdIaI'''"' ....... ..... .. ~ '" ..... of ... - or .. ... ............ '" ibis _ ~ _ ",... - - """""",,)'ortY" .............. f!'<"! .... _ _ ~............ pSrtY .........- _ boO' dgbt of_la ~to ~aneous~. _ sba1I .. la -'< If S<lf _ at"-"" - .mt at ...,.mot. ;, -- ..... .. Loalk<" ~ _ ..... la _ of ... !'1O!>"'Y '" otbo< -'" ~ of ........ _la'" _..nw- _ibis _.........., _... - ..,...-'<....If ............ ... ~ _ " ,..,..,..la s.cUoa 19, '" _ ... - .. P"""""'" .. be rOO" 10 of ,. O.-6AlPA1 \ll1021 ~~~!~ 0406222605 fonl' 3039 1101 BR \ 815PG0230 - --..... . __ _ ,_ """ In ).oDdor'......-. ~ {otIoimtO of ... - or - ""...;sl ~ of).oDdor" _In... _ or riIbI' unda"dUa - --- 'Iba [lO'C"'Is of .., .- or dalm "" _lbat... __..... ~ of).oaller'. _In"'- ~ herebY assigned met sba1l be paid to I..ender. All ~ ~ !hat ... ... sppU<d ro ~.. or ...... of ... - - be applied in the order ptovided for in Section 2. . 12. _ Not JldoasOd; __ By LaMIa" Not , W...... Ilsl<DSlnn of ... - "" payua< or~of......-Of.............. by lbIs _ --....... by Los>d<< ro _or'" _In __ of_-.................. ...1id>1JiIJ of_ or'" _In __ of_' Los>d<< -... be...-..,."......,. ~ apinsl .., _ In ....... of _ or .. _ .. ...... - "" ,.,- or -- ",.dif3 __ of................ by dUa _ -- b)' _of", domsml..... by.... odglDs1 _ or'" _In __ of _. AJJ1- by Los>d<< In.......... .., risl< 01 _ -. _ ~ I..ooder" __ of P'1""'" "'"" _ ........ ...,;des 01 ..-In __ of- or In _... _... _.......... -.....,...... of or preclude the exercise of any rigbt or temedy. 13. _... Seftnl JJabIIIIr. ~ - ... MiP ....... - """-"' .... _... __I ob6pIiooS and UoIJIIit1- ..Jolnl sod........ _. .., - who ....... lbIs _ __ ... _ ... _ ... - (. ...--~ (a) Is <O-SIpIiDIlbIs _ ........... ooIy" __ ......... -""... .......... _In.... - unda"'" ...... of"'" _ __ lb) is ... pusoo!lI1 obIlpllOd .. ~ .... ..... ........ by 1hls - __ .... (0) _ ... Los>d<< and .., _ _ ... _ .. """"'" 1DllCIify, ....... or _ my ___ _ top<d .. ... ...... of 1hls _ ~ or Ibe N'" - ... co--signet's consent. Sobj<ct .. ... p<OYlslooS of _ 18, .., _ In -- of --- .. - __I obIlga\ooI_ thb _ _In wrilln80 .... is ~ by Los>d<<. -- all of JlOl1O'""'. rlSbb and beOO6II_1hls - --- - - ......- - __I obIl"'- aod UoIJIIit1- thb _ __ - Los>d<< _ro __In __ Tho """-"' and ...- of "'" _ __ - "...s (- as p<OYidt4 in section 20) and benefit the successoIS and assigns of J..eod<<. 14. LoP CboS&"- Los>d<< ..., ....... _ .... "" ........ ...- In ...- - __I -. lor ... ~ of pn>Iicdoa Leod<<'. _In ... - sod ri8bb unda" dUs _ ___ -. ......1in>llod ro. _' fool, P-'" bsipedloD.... -- '" top<d ...., _".., .......... of ___ ~ In"'" s...xttY1DIIi""""''' .......,.p.cific "".. _ _..... "'-"'" as ,~.....d>>qlDI of - ... Leod<< miff ""....... fees that ue expte5Sly ptOh1"ited by this SecuritY ~ or by ~le LaW. Iflbe ~ Is...... to ,law _........-. - - ....!hat Iaw;s - ~ '" !hat Ibe _ or _ _ _.,.,u,aod or ro be...-In...- - ... ~ oiaoIlbe p...o;ued -. ~ (a) my _ _....... - be ......,..a by .... - - .. .... Ibe .......ro"'~- sod lb)my..... abaSdY"'- ---~~ _ wlll be xofImIl'" ro _. 1.OI<lo< may - .. _lhls tdoad by - tba ~ ...... _ Ibe N... or by ..- ' _ ~ ro _. If , tdoad - prinoipaI. Ibe ,.ducIloD wlll be __ as , partial ~ _ .., ~ ....... (- or ... , __ ....... is p<OYidt4 lor _ .... _). _'I .-..... of .., - tdoad"'" by _~.. _wlll-' - of my dabtof __roIgbtbaYO-'" of such overcbarge. 15. __ AII- &h'" by _ or Los>d<< In"'- - dds -- .......In_. AJJ1_ro_In"'-_1hls - -- - ..\IeOIOOlro \ltl4JalII:~.q\V 0406222605 1'Ige1\OI111 -::-. .:. -. Form 3039 1/01 1 .-GAlPA) 102021 . HK , 815 PG 023 \ _ boon g\ValID _ ...... moi1ed by _ dosS ...n 0< ...... -, doIMRd ID Jlo<109lO"I _ _If-by _ __ NalkeID..,.... _ - ~- ID sIl_ _ AppIll:obIe Law __ ...,- ___ '1110 _ - - be tbo - ..- ..... _his cleBgDotod. __ _ _ by - ID Laodor. - ibaIl pn>qlIIy DOIlfY Laodor of _'a _ of..w...s. If Laodor ~ · procodulO lllr "'I'"'tiDC Jlo<109lO'" _ of _ _ _ _ oo1y tq>Ort · - of - da<aIg\l1llat.p..u;od ~ 1llolo may be oo1y ... desIgDaIOd _ - ......Ihb ScourltY -- .. .., .... -- MrJ _ ID Laodor _ be gl_ by ~ it or by - it by - """...n 1ol.alder'1 - _ _ _ Laodor his doIICJI'Iod _ _ by - \0 _. MrJ - In __ _ tbIa ScourltY __ _... be.......,a ID - boon g\Val1o Laodor - ~ .....,.d by Laodor. If srq _ mquhaI by Ihb - -- Is .... ~ ...... AppIil:8b1e Law, tbo AppIll:obIe Law .....- wm IIIlsfY tbo ~ ~ ...... this ScourltY ~. . 16. Goft<Db1g Law; .........,oor. _ of QIOIlraCIIo": - ScourltY -- - be .......... by _ law IDlI tbo law of ... ~ In ....... ... _ it -- All tlg\>II md obIIpOIoaa ...- In Ihb ScourltY __ ... sobject '" .., ~ IDlI ~ of t.ppfioohIo Law. AoP- Law ..gill 0spIi0IdY 0< Imp1idlIY _ ... parties'" ..... by - or it mIa\f; be"- but Sucb __ _ DOt be ~. ...-................ by - In d1a .- 1110< .., provisKln 0< _ of tbla ScourltY -- 0< tbo - cimfIIots - AppIkohle Law, """ _ _ DOt'- oil&" ~ oftbla ScourltY -- or tbo}lol> - em be given effect witboul the c:onflictiog provision. ^' usod In lI>b ScourltY __ (I) ...... of tbo .......... gcodcr - - IDlI - ~ _ ...... or ...... of tbo _1I""dcr. (b) ...... In tbo .mpIa< - _1DlI _ tbo ptmaIlDlI vioa ""'" IDlI (0) ... _ "may" gl.....o........ - .., ob\lpdaD .. take any action. 17. ......--. Copy. _ _ be ai-.... _ of",}IoI>1DlI oflhb ScourltY--- 1JI. _ of .... l'Iup<dY or . JIoIIdldaI- .. _. ^' usod In tbla - 18, "_In'" __ .-..,.. 0< 1>eDOIidJI_1n tbo PreI>"'J:, ~ but ""'- ". _~ _~In'_lordood. _lor-' _-_or __......... tbo _ of- is tbo.- oftll1o by - st. - _ID .putd>aIoI. . If sIl at..,.... of tbo _ at my_In tbo _Is sold or -- (0< If_ is not . _ p"""" 1DlI' ".,.,.add _In - " sold or ~ - LomI<<'I pOor _........ Laodor may ..,.uIIe ~ paymootln fUll of sIl ..... """"'by tbla ScourltY __ _. Ihb epdon _ DOt be eiSeiood by Laodor If """ - it prohibllod by Applicable LaW. If Laodor _Ihb op1Ioa. Laodor _ p.e -...... of -- '1110......- p<V'rilIe. podod of "",leis _ 30 ~ _ tbo _ tbo _ " g\Val1n -- - -- IS _ ....... _..... P'I' sIl ..... ocaned by dDa ScourltY --- If - failslD pay _ ..... prior lO ... 01(1- of Ihb period. Lead<< """ \nYDkB .., - permIItod by t1ds Security ~t withoUt further notice or demand on Boaower. 19. ......--. ....... lO _ _ --. If - .- ....... ~ _ _ _ d1a rlglttlO _ ....- of Ihb ScourltY __ ~ st my.... prior lO... _ of: (I'lliw ~ __ soIeoftbo _ ~ lOsrq poWK of 1I1e"'- iD tIrla ScourltY ~ (b) _ oil&" podod . AppIkahiD Law mIa\f; ~ lor tbo ....,.b1IlloD of _'I rlgltt lO _ or (0) sry of . ~ - tbIa ScourltY --- -- ...,.u1lDDI ... 1Ilat _ (I) pap Laodor 011 ..... wWeh - ~ be duo ..... tbIa - __1DlI tbo Nmo.1f IlD """"",,",,!ls4 -""'" (b) ..... .., - of.., -...- or ~ O~ 0406222605 Form 3039 1101 ....,2~_'.8 -:--. .-6AIPA'I021121 ~ BK \ 875PG0232 ,..-: (0) "'" 011 __ -'"" In"""" ibis"""" --. ....-. but cot Umitcd 10. .......... ..._.' _ ~ ~ "" ~ .... .... -- ... \uourRd for tho P"'P"'" of ~ j.,Dlc<'. _In tho ~ .... UgllIS _ibis s-dlJ -- .... (d) ..... sod> _ as I.oa<k< _ ,..-J>IY -'"' 10 -- "'" J.aMl<r" - In tho ........ "" UgllIS _ibis ......., --. .... __, obUP'i'>" 10 pay tho.... -"" by ibis ......., ~ sboI1 _..-.... L<sJde<- -'"'''''' - pay sod> ~.... "" ~ In .... Of ..... of tho i>11awlnI _. as ........ by """'" (s) ...... (b) -- -. (0) ."d;Iiod ...... bSDk...... _'I """" Of ........ -. plV"Idod sA'! sod> ""'" ;, ---- .. ~ ....,................... by........ _. ~ Of _: Of (4) -- _~. tJt>oU~by -, ibis Sooud<1--.... ~-""- sboI1 ....... fDIIY -"" as If CD ............ bid --"'" -, ibis r\gIlllO - sboI1 .... apply in the case of acce1eradon UlIdet Sectio111S. 20. Sola of- ~ of ~ __ - of - 'IIlo NolO Of · ps<dJl_1n ... NolO (\OlldI>" vdth ibis ~ ____ "" ba .... .... Of ..... - - pdor - '" _. A .... ..... ""'" In . ....... In tho _ _ .. tho -.- s.rnce<"l "'" ....... ........ ......... ... _ tho NolO .... ibis ......., -- .... ....- - - - ...- ~...... tho N.... ibis ......., --. .... ~ Law. n- oIso ..... be .... "'..... _ of "" \.OlD ...- ~ '" ... of tho No1&- If dpO Is ........ of tho \.OlD _. _vdIlba.......- _ of tho""'" _ vdIl- ""........ - of"" _ \.OlD _, tho _ 10 _ P'IY""!'" -" ba .- ... UJ1 - ~ 1lIlSI'A ........In __ vdth........ of _ of.......... If.... _Is .... .... ......... tho \.OlD Is ....... by' \.OlD _ __ tho ~ of tho -. tho _ -......... cbIl....... '" _ vdIl....... orilb tho tAm- Of ba ~ 10 · _\.OID"'- ad....... -""" by tho _ ~___P""""" by.... N......-. N- _ "'" ).oOlk< ..., __ jolD. '" ba joinod '" UJ1 JudId'! - (as - .. __1idpDl'" .... _ of. classl tbst ..... _ tba _ portf. ..... ~ lD ibis ......., __ '" "'" _ "'" "" _ portY bas........ sA'! ~ of, '" .., d>IlJ .... by ..- of, ibis ......., ___ - sod> - '" Loodo< bas CDIIfiod "" - portY (orilb ..... ..... ,;_ 1n..,..ptlaD<O vdth .... ~ of _ IS) of sod> ...... ...... inI afJoftkd "" _ portY ...... . .......... podod _ .... p.Il>I of sod> ..... lD !aI<o ~ -- If ApplIc&1>lC Law ......... . _ podod "'"'" - ...... balbO> .... - ... ba -. "'" ..... pOdod vdIl be ...... lD be .......... fm: --: of ibis ~ 'IIlo"'" of ~ .... __ lD _ ..... lD _ p""""": 10 _ 2Z .... tho ..... of ~ ..... lD _Pm-" lD _" sboI1 be......lD.-tho......... -- ",!aI<o ~ action provisions oftbis Section 20. .1. __ ___ 1>> - In ibis - '1: (s) ~ --' ... - _....... ......, Of'- ____ ~ '" - by ~ Law ........ i>11awlnI ~ ..,..u.o. __ -- ftaIDioobIa Of"'" ~ ~ ...., ~ ..........-. """'"" _. ................... - '" ~ ad.................., (b) ~ LaW' .-........ _ ... _ol....jutlOti<<lOD - tho........ ;, JcqllOd Ibal _lD -. _ '" ~ ~ (0) ~ c.-P' Jo<ha1a",,- __ .-w.-- "'........ -. .. _In ~ Law: .... (4) .. ~ CoDd\tI<>'" .-. . ....- tbst "" ...,.., .....- lD, Of -- - .. ~ CleanuP- :-~7~ 13,01 ,. ....6MPM 1O~21 ~. ........e ~ 0",06222605 For11l 3039 1101 HK \ 875PG0233 Boaower shall not cause or ~t the ~. use, ~, stOrage. or re)ease of any Hazardous ..-. or- ID _"'" ~- on or In!h'! ~. --....., ... -"!'1'!'" else ID.., ...,- _ \lID _ (I) lbo!; Is ...- of"'" ~ Law, (h) _....... aD ~ ()mldiIloo. '" (e) -. dao ID d>o,- .... "'....... of. ~ -. ....... a..........lbo!; ohaS'Il' .- .... - of ibo _. - ~ _ _ obIII DOt.app1Y ID .... ......... .... '" ...... on .... - of .man quiadIIes of ~ _Ibat ~ ~ ~ ID be ~ ID"""'~"" ao4 ID _oflllc _ C.....-' _..._ID. ",;;.diNI_m-~' _ obIII poOmjdJ o\W I.iader"- _of (0) "'" ~ cIabD. -. - '" _ ..... by IDI/ ~ '" to&uIaIorY _ '" om- partyll1V<lhlo>& lIlc ".,...., ao4 "'" ~ Sub-'" '" ~ Law of _ _ bas - ~ (h) aD! JlD9ilaml"DI" QlDlIldon, i1r:1udiDI but'" _ ID. !"f apIIliag, _, - ....... '" - of _ of...,. _ -. aDll (e) "'" .......... """" by .... po-. ... or - of · __ __ _ _.-.... _ of.... _. If- \elmS, '" Is padfiocI by .., ~ or ~ oi11IlorlIJ, or .., printo partr, IbIlIDI/ ........ or ....... ".,..uadon of..,~.__lIlc_Is_' _.....~.aI1_ ;"",.a;.I-~ - ~ Law. ~...... shIll"-"'" ~ on Lend<< for an. Oeanup. NON-UNIFORM COVENANTS. Boaower am Lend<< {urtber coveaant 8Dl1 agree as follows: n. __.......... Loadar _.... _to -- _to..........- ____. "...... of .., _ or ~ 10 tbIa _ -- (bot .... - ID .......... _ _ 18 _ .......... X- ........ ~. Loadar - ootifJ _of, ___ (S)...~ (h).........._to-tI1e -..; (e)- tI1e -" _ be ....,J; slid (01) ..... __ to _ ... ...... .. IocdIloll - .- In .............. of.... ..... ...,;,...a by lids _ --. - by fodIdaI.~ s.a ssIe or the"""", Loadar __ __ -- or.........to _.........,JoisIIoD s.a.... _to _10 tI1e __ ~ tI1e - or a - or .., - _or__to"""'- sod ~ lftl1e-""'-"spcdlied. Lio*<at lis ....... _ ........ __ .."....tn l\dI or sR ..... - by tbIa - -- ___s.a- _....-~by~~:!-"" _ be...-to...... sD _........ .. ......... -- ~.. lids ~ n. .......... .... .... ........ to, _' flos ...t'..... of - - to ... - ~ by ~~eLaw. 23. l{eleaIe. Upot! p~ of all sums secured by this Security ~ this SecuritY }nsttUmeIlt ao4 1be ...... ~ ibiI1 __ ao4 _ -- Afl>>t """ -. l.oDlI<< lb81I- ao4 adsfy ibis _ -. _ shill ps'J .., -- -. l.oDlI<< - - _ .&010< _ibis __ boIoDly l!1be.&olspoMlID' -partr lor_ Icodered and the cbarging of the fee is ~ under AppliCable Law. 24. "Waivers. ~. to the exteDt ~ by A~le Law. waives and.messes any en:or or ..,. m~" _ tbIa_ _ iisI_ _1be - of""'pr-"'" _lawS........ for ""Y of -. ..- of_ """""""' !10m --100)' ao4 ale, and homestiad exemption. 25. ReiDsbltement Period. Boaower's time to xemstate provided in Section 19 sba11 extend to one _ prior ID lIlc -"'" of biddiD& " . lihorifl'. .... '" otbor .... -- ID ibis - Ins~' 2.6. }JurC:baSe MoneY Mortgage. If any of the debt seemed st3 this SecuritY "{nstrUmeIIt is lent to Borrower to acquire title to the PropertY. this SecuritY JnstlU11IeDl be a ~ money mortgage. 7fI. __ Ar.l~ _ _tI1Il1be_....poyabIo _.~ Is _ on tbe NolO orin sa ..... of_ ....,..... shill be 1be .... ps'JabIo !10m - to - under the Note. .. .........L ~ Q)L 0406222605 Form 3039 1101 ..,.---_.... poge ,4-af 16 G -6A(PA) \0%021 . . BK , 875 PG 0 2 3 4 .. BY SIGNING BIlLOW, _ _ .... ...... .. .... - .... - -'""" In .... SeoUrilY __ "'" In.., _........ by - ""'.-........ It. W~ ~~~~ > ? ~~~ ~~ _ (Seal) .Borrower ~~ ~. \\~(SoIIl caYS L ~ -)loIrOWU (Seal) -~ _ (Seal) -BoIJlI1I<< _ (Seal) ~ _ (Seal) _BorrOwer _(Seal) ..]5oIlOYIU _ (Seal) -BoUOwet 0406222605 Form 3039 1101 -----... ,.15011' e.-6AlPAllCl202I \ ~K \ 815~G02.35 , . Certificate of ~deDce I. ~en J. k-.s/yn/1n ,do'- ~.... tile correct addreSS of the within-named Lender is 15090 Aver'1U8 of ScIence San Diego. CA 92128 .. . WitneSS my band this 1st day of July, 2004 ~-:> ~ AI- ofLeDder CQMMONWJlALTH OI1PENNSYLVA!UA, Cumbe.-Lantf.. Couat1 '" On lIDs, 11>0 lid- da1 of ~ ,Cl0ll4 ' -.... tho underSigned officer. personallY appeared tJo'OGLAS B ltBNtJALL, CllYS'lAL L BBF~ known to me (or SOIiofjoclOrlIy pmven>lO he !be penoo(') -.. _0) w... ~ 10 !be - -- aDd acknOwledged that helsheItheY executed the same for the purposes herein contained- IN WITNESS WHEREOF. I hereUJ1l:o set IlI'j hand and official seal. My eoIIJJDission Expires: . NCJI8ria1 seal . Tdci& 1.. BalleY. ~ ()llIId1 soulh~~- Sepl. ~4. io06 ),(y CCJ1lll'u---- "'^l'""- . ~<&J~ J\O D~. TidBOfO~ 1lit\IIs:~ t> V. 0406222605 Form 3039 1101 G -6AlpA) 102021-.-':-." , . . ,.,.01 11 ilK \ 815 PG 0236 , . ",. i l&gal Descrimion Addendum soxrowers;D()UGLAS E KENDALL, CR~S~ L HEFFNER Loan 1;0406222605 ~ AddreSS ;34 WES~ MAD' S~~ AKA 54 WES')! ~ s'tREE~ pLAINFIEID, PA 11081 ~ Desc:ri.pUol1 . SEE LBGAL DBsttUP~:tON M~ BPB'lO AND }W)E A pART DBPOll' ALL THAT cERTAIN 1raOl of land sllu...1n the _ of PlaInfield, west PenflSboIO TOWIlShip, cumberland County, pennsylvania, more particUlarlY bounded and described as follows: BEGINNING ata point on the eastam edga '" an 18 fool alloy In the center line '" Po. RIa. 341; _ _ the centerline '" Po. RIa. 641. SoU\l170 _ rn mln- rn sacon<Is East 137.60 feet 10 a po1nI: thonC8 _ _"""' orfl>mlOdY "'- - SouII119 - 28 _:f1 sacon<Is West 01.50 fael1l>a naB; _ C(Jl1IInUlng -- """' or_ '" Harris, South 0 degrees 58 minutes 37 seconds West 61.30 feet to an iron pin; thence along _ _or- of_SI1aml>aUlJh, NOI1h 75_19 - west 68.38 feet 11> an tron pin; thence continuing along lands now or formetlY of Shambaugh, North 88 degrees West 68.00 feel 10 an llon pin; _ along tha eastam edga of said 18 fool alloY. NOI1h 9 _ rn mln- 09 sacon<Is East 144.49 feet 11> a polnlln the _Ina '" Po. RIa. 641, the Place of BEGINNING. CONTAl.NING .38 acre. Being improved with a two story brick dWelHng house. BEING Lot No.1 on Subdivision Plan for Samuel Shambaugh recordedin the hereinafter f1\OlI1iOned RElCllldeI's Olfi<;e In Plan _ 34, Page 45, and - - eredlld a s1ngIe family dwelling, Initial: Q. ti..ot- LoaD I 0406222605 HD1 . 1001'76104062226051 NIL 610101.0FF ~ Page 1 of 1 . .----.. BK , 8 7 5 PG 0 2 3 7 ~ ... ..... . ARBITRATION RIDER nus ARIlITR^llON RIDER Is made this 1st day d July, 2004, and Is ~ InlP and $hall be deemed k>.....,.s and ~ the M_ Deed dTfUSlorSecUriIY Deod (lhe.- ~ dthe same _ gNen by the underSllJ1elI (lhe "Ilon<JWlll"l "'....... eomiweo's Nolo or AdJUstable ~te Note (the "note, to A~ Home lenderS.lnc. A California Corporation (the '\.endeI"l dthe ..... _ and C(W8l1ng lhe property desCI\b<ld In the - ~ and located at 34 WEST MAIN STREET I<<A 54 WEST MA1N STREET PLAINFiELD. PA 17081 [property Addressl ThIs.ArbllJatlall- Is sI!J1Bd as part d yoor "........,.. wlIh \.BlIcIet or ~ -- d Lender and Is made a ~ oflhal~ By sig1Ir1g this ~ _. you agree lhal_\.BlIcIet or ~ __ d\.Bllclet or you ..., ~lhel elt{ dakn, d\SpUte, or -- (\MlelI1e' baS8d ~ c;onIiacl: IorI, 1n\Of1llOnill or- ClllISIlbJlIOn; - -- - or ~ and- ~ ~or-~ 1ndudinlI_---..-daIm8and thIld partY -. _ 110m or'- k> this __ or the re\atll>l1ShII' which _!rom this Agre8lIlOIll. ....-the-~ or ~ or... ~ _. IllY part ihereaf or the enUre AgreemellI ("CIaIn11. shaD be oilooIVOd. _the _ dLender. anY ~ dJ..ender oryou, by- ......-. _nl 10 this artiftr8IIon fllO'\slllIl and the appIIcaIlIO.... or ~ 01 the-- ~ S8Ieded allhe _ the ClaIm Is flied. The ~ InIlialIn9the 0IlJftraIIlln ~ shaD _the _10 Select _ d the~ _ --- acI__: the N.-""- Forum ("NAF"l.lhe--~~ rAM"lorJNIS rJAMS"). Tho __shaI be a _ wlIh......- tonY"'" ~ or a redred or !arm<< )udaL The -- shaD be __ of and ........ '" you or J..enderorattY ..- ofLende<. The rulos and fOrmS dthe NAF. AM and JAMS _ be (ibiaIned by_1o orcalllnll'11OS8 ~ althe-- and/ortelei>h<"'" _.- beloW. o..r _ fur...-d JllOC""'! undB' this ~ Is the \.oI1II8<'S __ as sIaIacIln page one dthe _men! or lhe addreSS d ....,...- of Lender. I>lI'f partIdP8k>IY __ _lhelyuoJ ~ wiD- place In lhe cIIy neerest 10 your- _ a fede!8I d1slrl<>t court Is ioc8fod at at such _lOca1fon as agreed by the parties. K Lender or attY _ d Lender fi\eS a ClaIm. Lender or Olff aasigne8 of Lender - JlfII aIIl1\l1ll . costs. Kyou tie a CI8Im. tlIInlI costs and ~ -. (_\haII_....) shill be paid as _Ial you _10 ~ ""the __dtlllnlllhe ClaIm up 10 the_llIftOllI1I d $100.00; (bl at yr>>r request<< r..,qUllod by lhe __ ~ riJIeS, we wi! poyfur_ costs- $100.00 and fcf elt{ adJnIn\SlIIIII' _ chaIgOlI by the ~ ~on elt{ ClaIm subf11\Iled by you up 10 a .-.. dlhe 8IlIQlll1ldlhell\l1ll _lhal~ be Charge<! by lhe-- __lor a ClaIm ~ k> yotK_ "'""""" and Ie)" - casIB and/or ....--_In ....... dthe ...,clUIlI of the tIInll_lhal~ be dlloilOd by the -- __lor a ClaIm equal to your loan amount shaUD =Id by you. The cost Of up to one full day of arbitration hearings will be sharacl equallY _lhe os. Fees lor heaJ\I1Q8 thallixcee<l- day wiD be paid by lhe requeslIno parIY. The parIIas s I each _the ~ d their ~ ~s leeS. - as 0ftieIwIs!l pIO'IIilacI by \aOI. r a slaIUIe IfNeS you the riI#1I'" - orrt of..... leeS. or1he leeS paid IothelObllfa\lon~' .....-rIghtS _lII'PiYin the__ ~ anyIhIrQ 10'" _ conIaIned'-" r Ihe __ _ an award In our - you wiD not be requiracllo __ US for arrt foes we _ prevtousIY paid'" lhe arbIb"alk>n -- or fur wlllch we are responsible. Initials: cV -=-- Loan I 0406222605 ------~ .. ~ I 100176104062226051 AHL p,BRIDll. UFF ~ page 1 of 3 BK l 87 5 PG 0 238 . , AJnerican ArbiIration ~ 1150 ConnectIcUt Ave.l'l'N. 6th Floor Washingtol'1, DC 20036-4140 www.adr.org Arbltration Rules fat eonsumer Related Di~tes (Claims under $10,000). Arbitration Rules (all other claims). JAM.S./EndIspUle 45 BroadwaY _ New York, NY 10005 www.jamsadr.com Rnariclal Services Arbitration Rules and Commercial procedures. j;.... , Thls ___ RIder Is.- pursuant lD a flanS8ClIon InvQlYIlIlI- - and - be governed by \he ~ArbIIrillIoIlId. 9 U.s.C. _1 -16 (\he "FAA"). _ -- sid aPIlIY appl1oabIo __law CQI1llIsteIlI with !he FM.1ndudln91aWS ~ recepUon. rejecIIan and .....- d-. and shall. al\he __ d SIf/ pOrIy. pn>ride _..,..oned - d facl and c:onctusI<>OS dlaw. _ __ aWanI shall not be subjoc:t lD appaaI....,pl.. pern)1IIed by \he FAA- _ par1las ageelhal\he awanI- be kePt CClIlI\d8I1IIOI. Juclgirlenl upon \he aWanl_ be 0rItsr8cI1n IIfi CQUrt _ jUrIsdIclI<>n. !\Jl- d QmItaIk>nS thai -mI ~ be appIIcal>Ie shall apply to any arbitration Proceeding. ___shall be~ lD _.-and IDIake such--" tho arb_ _ naoessarY lD tho same _.. oalJd be Im~by a judge IJIII'll8l1llD the F_ RuIes d CivD procedure. ThlsAfbllrallcn RIder _........ __dyrU\<>OIl and/llr~dlhe--- KOIf/ poo1IoIl dlhls ___ RIder Is --"<IllM6I or ~ under arrt.ll!W or - cons\SfsIlI wIIh lhe FM.lsld nollnvaDdafs the remaining por\I!lnS dlhls ~ ~ d!he ~ In lhe evenlda conft\ot or \nCOIlSIsfllIlC _!he ru\O& and proc:eclurOS dthe ~ ~ and IhIs Ml!IJllIk>n RIder. \Il\s ~ RIder- govern. No dass acllonS or j<>lnder or ~ d arrt ClaIm with lhe claim d arrt other parson are permIIIed In ~ _the- ~I ol the p8rt1es. No prov,tsion aI. nor Iha ......,Iso d8I1'/ righls under \his AfbIIraIIcn RIder shall nmll\he right ol8lTf parly _!he p_ d any Claim, lD seeR and usa ancI1Ia"Y or preIImlnaIY remadiaS. judicial or ..-"" \he purposes olreallz\n9upol1. ...-.s. ~ or 1oied<>SIlIlI- arrt ~ \nWIVOd In arrt ClaIm or subjecllD \he \<>OIl~' _ usa d!he....... shOll not coni;tiIuIe a _d!he rIghl d any parly, Indudlnlllhe pIaInIIII.lD - IIfi ClaIm lD - nor """'"' Inappl\cable the compulsory 8rbltratlon provislons contained In this ArbltratJon Rider. THE pARTIES ACI<J'lOWI-EIlGE THAT THEY HAD A RIGIIT 10 UTlGA.TE ClAIMS THROUGH A coutu BEFORE A JUDGE OR JURY, BUT WlU. NOT HAVETHAT RIGHT IF EITHER PARTY a.ecrs AR8I1RA.TJOloI. THE pAR!1ES HEREBY lQoIOWINGL Y AND 1f()llJNTA.RJL Y WA.IVE THEIR R1GHlS 10 L\TIGA.TE SUCH ClAIMS IN A COURf BEFORE A JUDGE OR JURY UPON ELECflON OF A.RIlITAATION fJ"{ EITHER PARTY. YOU ALSO ACI(NOY/LEOGE THATYOU W\l1. NOT HAVE THE RIGHT 10 pART1CIPATE AS A REPRESENTATIVE. ClAIMA.lIT OR MEMBER OF pNf CLASS /I.CIlON pElUA.lNING 10 pNf ClAIM THAT IS sUBJECf 10 A.RIlITAATION. EVEN IF SUCH CLASS J\CfION IS PENDING ON THE OA.TE OF "!HIS A.RIlITAAnoN RIDER. EXCEPT THAT THIS A.RIlITAAlION RIDER WlU. NOT PRECUJDE YOUR pART1CIPATJOloIIN A CLASS WHICH HAS ~ BEEN CER\lFIEO BY A COURT OF CQMPElEKf JURISOICl1ON ON OR BEFORE "!HE DATE OF THIS ARBITRATIoN RIDER. You _ _ _the 81_ ..... d. or tie a ClaIm with NAF, AM. or JAMS as fdI_: .. National ArbIb'atiOI'I Forum P.O.8oX50191 MinneapoliS. MN 55405 www.arb-fOOJm.org Code of ProCedure .---.-....- , HDI 1100116104062226051 AIIL ARBlUDR2. on Initia1s~ r~ .q~ --=-..:...':.. , x.oan' 0406222605 .. . -~- -' 1QIl1D&Lto page 2 of 3 BK' 875PG0239 . \ , ' . ~ 1 ;.. ~ It. ~ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this .Arbitration Rider. \D~C~~ Boaower DOUGLU Eo KENDALL Borrower BorroWa' Borrower ~ I 100176104062226051 AHL AlUlRIDR3. UFF BK I 8 7 5 PG 0 211 0 7-o-/-W Date ~~~. t\~ 1/f~~ Borro. Date CRYftAL L bi'Ji'NZR Date Date Borrower Date Borrower Date Date , BorroWer Date DIlIJ:ll\LL Paqe J of 3 Lo.n t 0406222605 ] Certify this to be recorded In Cumberland County P A .,~~...t'~~ ~ _"_- , ':, ':~ ~!J~:':f.f.) .- ..- . ..-:- .' ~ d . ,,. . ... Recorder of Deeds . ~ " . . , EXHIBIT 'B' , ' . . NOTE .ruly I, 2004 (Dare] PLAIHPIBLD {C"14'] PA [Slale] 34 WES'! MAD1' S'.rRBB'l' A1CA 54 WBS'! HAm S'rRBBT PLADG":mLD, PA 17081 {PmperlJ Address] 1. BORROWER'S PROMiSE TO PAY . In return for a loan that I have received, I promise to pay U.S. $ 67,200.00 (this amount is called -Principal-), plus interest, to the order of the Lender. The Lender is AccIedled Home Lenders, Inc. A Caliomta Corporation I will malce all payments under this Note in the form of cash, check or money cmler. I understand that the I..e:oder may transfer this Note. The Leoder or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the -Note Holder. · z. INTEREST Interest will be charged on unpaid princlpal unti1 the full amount of PriDcipal has been paid. I will pay interest at a yearly rate of 7..625 %. The iDEerest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMFNrS (A) Time and Place of Paymeats I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month begiDning onAugust I, 2004 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe tmdc:c this Note. Each monthly payment will be applied as of its scbedu1ed due date and will be applied to interest before Prlncipa1.If, on.July 1, 2034 , I still owe amounts under this Note, I will pay those 8IDOUDIS in full on that,. which is called the -Maturity Date. · IwiIl.makcmylDOnthlypaymebtSat P.o. Box 502480 San Diego, CA 92150-2480 or at a different place if required by the Note Holder. (8) Amouat of Moatbly Paymeuts My mcmtbly payment will be in the amount of U.S. $ 475.64 4. BORROWER'S BIGBT TO PREPAY - Prepayment Charge Rider attached hereto. I have the right to mate payments of Principal at any time before they are due. A payment of Principal only is known as a -Prepayment. - When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the montbly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Prlnclpal that I owe UDder this Note. However, the Note Holder may apply my Prepaymeot to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the PriDcipal amouut of the Note. If I makD a partial ~ 1:bere will be no changes in the due date or in the amount of my DI011tb1y payment UDless the Note Holder agrees in wnting to those changes. MINi 100176104062226051 IllUlTlSTATE FIXED RATE NOTE-Single FemUy-Fannle MaelFredcle Mac UNIFORM INSTRUMENT ... ." ... 4.... ...~......____ ... -..- ----.- IS'A TRUE AND EXACf COPY OIUGINAL DOCUMENT. 0406222605 Gt5N (02071.01 Form 3200 1/01 VMPMOllTGAG!FORMS-I8OOIS21.729^ 1\ '8ll8 1 of 3 InltlaIs: ~ 9~ . ' . . 5. LOAN CHARGES If a law, which applies to this loan and which sets maxiJmup loan charges. is finally intetpreted so that the interest or other loan charges c:oUected or to be collected in ~fV'I"rl'ion with this loan exceed the pemdtted limits. then: (a) any such loan charge sba1l be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already coDccted from me which exceeded pennitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe UDder ttps Note or by making a direct payment to me. If a tefuod reduces Principal, the reduction wil be treated as a partial PrepaymenL 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cbal'ge for Overdue Payments If the Note Holder has not received the full at110UDt of any mootbly paymeot by the end of 10 calendar days after the date it is due. I will pay a 1. charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest I will pay this late charge promptly but ouIy once on each late payment. (B) Default If I do not pay.the foil amount of each mond11y payment on the date it is due, I will be in default. (C) Noti~ or Default If [ am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (0) No Waiver By Note Holder , EveQ. if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the rightto do so if I am in default at a later time. (E) Payment of Note Bolder's Costs and Expenses If ~ Note Holder has tequired me to pay tmtr-tiately in folI as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in eofoICing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVlNG OF NOTICES UuIess applicable law requires a different method, any notice that must be.given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my diffcreol: address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given 'a notice of that different address. 8. OBUGA'l10NS OF PERSONS UNDER TBIS NOTE If JDOl'e than ODe person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, iocll1lti", the promi~ to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. AJ)Y person who takes over these obligations, including the obligations of a guarantor. surety or endorser of this Note, is also obligated to lmep all of the promises made in this Note. The Note Holder may enforce its rights UDder this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other penon who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. -Presentment- means the right to require the Note Holder to demand payment of amo. due. -Notice of Dishonor- meaIis the right to require the Note Holder to give notice to other persons that amoUDfS due have not been paid. . ;--: .- MiNt 100116104062226051 '.~.7 0406222605 _6N 102071.01 P8ge2 of 3 Fonn 32c.,,~ ~ 1nIIII1Il " , ' . . 10. UND'ORMSECURED NOTE This NOte is a uniform instrumeot with limited variatioDS in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed ofTIUSt, or Security Deed (the -Security Instrument"), dated the same date as this Note, protects the Note Holder from. possible losses which might result if I do not keep the promises which I JDak'e in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of aD amounts I owe under this N<<e. Some of those conditions are described is follows: 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 penoD and a beneficial interest in Borrower is sold or tJ:aIlSferred) without Lender's prior written c:ouseot. LeDder may require immediate payment in full of all sums secured by this Security Instrument. However, this option sball DOt be exeteised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender sball give Borrower notice of acceleration. The notice shall provide a period of DOt less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums seemed by this Security Instrument. If'Borrower fails to pay these sums prior to the expiration of this period. Leuder may invoke any remedies permitted by this Security Instnuneot without further notice or demand on Borrower. WITNESS THE HAND(S) AND SBAL(S) OF THE UNDBRSIGNBD. ~)r~ DOUGLAS B ~ ~ ~~ \\Jt~ ~ (Seal) -Borrower (Seal) -Borrowl:r (Seal) -Bonower (Seal) -Bormwer (Seal) -Borrower (Seal) -Bormwer . [Sign Original Only] ----I:-~ .- MINi 100176104062226051 0<106222605 . _SN 102071.01 Pap3of3 Form 3200 1/01 , . - - PREPAYMENT CHARGE RIDER TO NOTE THIS PREP AYMBNT CHARGE RIDER TO NOTE is made this 1st day of July, 2004, and is incorporated ini9 and shall be deemed to amend and supplement the Note or Adjustable Rate Note, as applicable (the "Note''), of the same date given by the undersigned Borrower(s) to Accredited Home Lenders, Ine., A California Corporation. . NOTICE TO THE BORROWER DO NOT SIGN THIS PREPAYMENT CHARGE RIDER TO NOTE BEFORE YOU READ IT. THIS PREPAYMENT CHARGE RIDER TO NOTE PROVIDES FOR THE PAYMENT OF A PENALTY IF YOU WISH TO REPAY THE NOTE PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THE NOTE. The provisions of this Prepayment Charge Rider to Note are authorized byappHcable state law or the federal Alternative Mortgage Transaction Parity Ad of 1982, 12 U.S.C. fif 3801 et seq. PREPAYMENT CHARGE J/we may make a full prepayment or partial prepayments. However, ifthc aggregate amount oftb.e prepayment(s) made during any twelve (12) month period within (Sixty(60)) months ofthc date oftbe Note exceeds ten pe11?CIlt (10%) of the original principal amount of the Note, then as consideration for the acocp!aIlee of Such prepaymcnt(s), J/we agree to pay the holder of the Note a sum equal to five perceot (5%) of the entire amount so prepaid. Any prepayments made after said initial (Sixty(60))month period shall not be subject to any prepayment charge. ~)~~~ BomIwa- DOOGLAS E KENDALL .~:.~ ~~. \\~~7-1-61 CRYSTAL L HEFFNER Bomnver Date BoJ:rowcr Date Bonower Date BOIl'OWef Date B<nrower Date Borrower 5%.5~ NY-1yr KIlf . 100176104062226051- ABL PPIl-S.tJn' . 1 .... D:ii:W.I. -::- page 1 of 1 Loan' 0406222605 , " EXHIBIT 'c' , , ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE December 22, 2005 DOUGLAS E. KENDALL 34 WEST MAIN STREET AIKIA 54 WEST MAIN STREET PLAINFIELD, PA 17081 CRYSTAL L. HEFFNER 34 WEST MAIN STREET AlK/A 54 WEST MAIN STREET PLAINFIELD, P A 17081 1HIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. nus 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. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, nus CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortmu!:e on vour home is in default and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save your home. This Notice explains how the Dr02J'llIl1 works, To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIIIN 30 DAYS OF THE DATE OF nus NOTICE. Take this Notice with vou when vou meet the Counseling AlZencv. The name. address and phone number of Consumer Credit Counselin2 Agencies serving vour County are listed at the end of this Notice. Ifvou have anv questions. vou mav call the Pennsvlvania Housing Finance ARncv toll free at 1-800- 342-2397. (Persons with impaired hearinlZ can call (711) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICIONEN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFBCTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. . ' STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: DOUGLAS E. KENDALL & CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AIKIA 54 WEST MAIN STREET, PLAINFIELD, PA 17081 0406222605 MERS AS NOMINEE FOR HOME FUNDS DIRECT MERS AS NOMINEE FOR ACCREDITED HOME LENDERS, INC. LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGmILITY 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 you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIllS MEETING MUST OCCUR WI1HIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED ''HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -Ifvou meet with one of the consumer credit counselinl!: al!:encies listed at the end of this notice the lender mav NOT take action against vou for thirtv (30) davs after the date of this meeting. The names. addresses and teleDhone numbers of desi2Dated consumer credit counselin~ agencies for the county in which the Dropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender 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 your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETIER, 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 will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. Yau will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETmON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT f ou have flied bankru te 00 can still a I for Eme ene Mort a e Assistance HOW TO CURE YOUR MORTGAGE DEFAULT ffirin2 it up to date) NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at 34 WEST MAIN STREET, AfKIA 54 WEST MAIN STREET, PLAINFIELD, P A 17081.IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9/1/05 thru 1211105 at $475.64 per month. Monthly Payments Plus Late Charges Accrued: Suspense: TOTAL AMOUNT TO CURE DEFAULT $2,187.96 ($0.00) $2,187.96 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAULT- You may cure the defauh within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,187.96 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavment must be made either bv cashier's check. certified check or monev order made Davable and sent to: Accredited Home Lenders, 16550 West Bernardo Drive, Bldg. I, San Diego, CA 92127, Contact name: Luis Santos. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable) N/A, 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 ri2hts to accelerate the morl2a3e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may Jose 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 foreclosure upon your mort28~e DroDertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay otfthe 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, iflegal pi'oceed.ings are started against you, you will have to pay all reasonable attorneys' 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. Ifvou cure the default within the THIRTY (30) DAY oeriod. YOU will not be reauired to pay attorney's fees, OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. . , RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the TIDRTY (30) DAY period and foreclosure proceedings have begun, you still have the riut to cure the default and prevent the sale at anv time tq) to one hour before the Sheriff's Sale. You mav do so bv pavine the total amount then oast due. plus any late or other charges then due. reasonable attornev's fees . and costs connected with the foreClosure sale and anv other costs connected with the Sheriff's Sale as Sj:)eCified in writing bv the lender and by perfOrmin2 any other requirements under the mort2a2e. Curing yoW' default in the manner set forth in this notice will restore yoW' mortgage to the same position as if you had never defaulted. EARLIEST POSSmLE SHERIFF'S SALE DATE- It is estimated that the earliest da!e that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actua1 date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default wiD. 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- Name Accredited Home Lenders Address 16550 West Bernardo Drive, Bldg. I City and State: San Diego, CA 92127 Tel no. 1-877-273-4599 Ext. 5447 Contact name: Luis Santos EFFECT OF SHERIFF'S SALE- You should rea1ize 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 _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale 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 INSTlTIJTION TO PAY OFF TInS DEBT. · TO HAVE TInS DEFAULT CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TInS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECWSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL.BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATfACHED. Very~yours, ; . ~/ ' l./~"". .... /1 : ..... /t_ --.,," ---. r7:-'~. ~... / . / Vi.J"' J.-t~_ ( 1 (:..-.t~.. ...~" /1 1/ /', j AT(mumy'FORLENDEk f ' NonCE PURSUANT TO FAIR DEBT COLLECnON PRACTICES ACT ...*..*...*.......*......*.**..*.*..*.***............................... I. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assum~ to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. . 4. If you notify our offices in writing within thirty (30) days of receiPt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. , , CUMBERLAND COUNTY Ims County Interfaith Housing AuthorIty : HIgh street tysburg, PA 17325 ') 334-1518 :s of Western PA o Unglestown Road isburg. PA 17102 .511-2227 JUnunity Action Commission of Captial Region 4 Derry Street 1sburg, PA 17104 ') 232-9757 eshlp, Ine. ) North 5th Street isburg. PA 17110 )232-2207 anatha 'hIIadeIphIa Avenue nesboro, PA 17268 ) 762-3285 A North Front Street isburg, PA 17110 342-2397 Effective 2/9/2005 at 10:05:11 AM I ' VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. L~ ---- Exhibit "D" Attention: Gregory J avardian The following are the replies to the case #06-1857. They we~re posted in the courthouse, April 17 2006. There is also a page on the date and time of an appeal hearing with PHEMA. I am awaiting there decision, which will be within 20-25 days. lO'd ~~:9 900~ 8~ Jd~ 8~SL-019-L1L:X~~ S~3a~O ^JN39~3W3-W81 I MORl'GA(;E .ELE('1'ONl(: REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT. MI48S(U.2026 PLAINTIFF COURT OF COMMMON PLEAS CIVIL DIVISION CLTMBERL.\ND CO{JNTY VS. DOUGLAS E. KENDALL, AfkJA DOUGI...AS EMMET KENDALL CRYSTAL L. REFFNER 34 WEST MAIN STREET. AlJ/JA S4 WEST MAIN STREET PLAINFIELD, PA 17081 DEFENDENTS NO. 06-1857 CIVIL TERM COMPLAINT IN MORTGAGE FORECLOSURE . ANSWERS 1. Admit 2. Admit 3. Admit 4. Admit 5. Admit 6. Admit 7. Admit 8. Neither admits n(lr deny 'Ine fi~5 arc in control of the Plaintiff and are not available to the Defendant 9. This is in confonnity with the Pennsylvania Jaw. 10. Admit t 1. I bave a meeting with Pennsylvania Homeowners Mortgage Assistance on April 27, 2005. Their answer will not be available till after that date. J 2. Admit that the mortgage is in excess of $50,000. However the Mortgage lien, is secwed by my residence. Douglas E. Kendall to'd VG:9 900G 8G Jd~ 8GSl-Ot9-ltl:xe~ S~3a~o ^)N39~3W3-W81 I . , .. ...., .. .... "... ",. .._........~.....-......_.....-._- -- ......-- ............- .... PROOF OF RECEIPT DOUGLAS KENDALl. 34 WEST MAIN STREET PLAINFIELD, PA 17081 4/27/2006 at 9:45 AM SW ARTZ I prefer a telephone hearing -L, I will be at the offices of the Pennsylvania Housing Finance Agency for an in-person hearing at the above scheduJed date and time. t1~r, I 7 2./,11-1_ Date '<:-.,~ '. .~~~-"_tf~~__~ Signatur / i / I "-..-.-... lO'd .-.........'...-,........-..,.-- r i .. RJ:TURN TO: Pennsylvania HousinG Finance Agency Homeowner's Emergency MOt1gage Ass/stance Program 211 North Front Street P.O. Box 15628 Harrisburg, PA 17105-Se28 IfTl/1/..' (~~~RmEUl ~~q-Z- !;,*,~6~ f'->~TK... /tI~ 's 9Z:9 900~ 8~ Jd~ ! 8ZSL-019-L1L:xe~ S~3a~O ^)N39~3W3-W81 I, Douglas Kendall, would like to see if Accredited Homelenders, would be interested in trying to work out some other type of an arrangement. One would be to refinance the existing loan, or tack on the past payments to the end of the loan. to "d L~:9 900~ 8~ Jd~ 8~SL-Ot9-LtL:X~~ S~3a~o ^JN39~3W3-W81 I Exhibit "E" 7lLO ~1 964' 2457 5541 CRYSTALL.HEFFNER 34 WES.T MAIN STREET A/K/ A 54 WEST MAIN STREET PLAINFIELD, P A 17081 7ld:dJ ~1 9649 2457 55sa f DOUGLASE.KENDt~LL 34 WES,T MAIN STREET lJ./K1 A 54 WEST MAIN STREET PLAINFIELD, PA 17081 TO: SENDER: TO: JH SENDER: JH REFERENCE: D, Kendall REFERENCE: D, Kendall PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SE~CE . Return Receipt Fee Restricted Delivery Total Postage & Fees r .0 2.30 1.75 PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE R R' t Fee etum ecetp Restricted Delivery Total Postage & Fees ,5 2.30 1.75 4.65 US PostaJ Service Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Man US Postal Service Receipt for Certified Mail No Insunmce Coverage Provided 00 Not Use for International Man B ----..-..- -....... - ...................;.;.-.......'.. -' ......--..-. .._~....__.. .'-. ..-..........................................-.............."'..-...--.............-........-...........-,.-------..'----.--......-...------.....-------..--..--..---. .....--........ ..-- -_...~..._-_...._-_......_-_...-._-- .... .-..--. '-----. --.---.--............---....-.-....-.... '-.. .-..... .'-~ --... --.. ........... ._...~, LIbel.. IG ~ LIt ~ LIt ;t Label IS DOUGLASE.KENDALL 3rl WEST MAIN STREET A/KJ A 5.~. WEST MAIN STREET PLAINFIELD, PA 17C81 r /':,,)"') cr · :r IG cr. M p;; . ~ . , . a.ge Amount: $4.65 Ch8tge To: FOLD AND1EAR1H,!SWAY -.. B ... _......;..;...;:.0. ..... .----.- . ----- --.......-.......:--- .......-..-..--..-...-._.._....-..........:.._____.........w___;-........ .--.....-..-.;...--..-:...;;......-...-...".---..... -___-..-........~.;__....;.._......-___..........._.._..-....;......__.._...~.._...........;..-_....-.........-._...._...-. ....-.._...__.. ..... ..._....-..... ....._....._ "'..._.-......, ....'_"'~. ,,_~......_.. '...........-w~...-..'-.. ...._... .....-...._..__.. LIbel.. M a; U'J ~ LIt it cr . :r IG cr. M . ~ . c ::fI ~ UbelIS CRYSTALL, HEFFNER 34 WEST MAIN STREET A/KJ A 54 WESTMAIN STREET PLAINFIELD, P A 17081 r =..: $4.65 ChIIrge THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS), Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, AIKJ A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INTRODUCTION Plaintiff commenced the instant action to recover from Defendants, principal and interest, costs, and attorney's fees due pursuant to Defendants' default on a Mortgage and Note given to secure the indebtedness of the Defendants. There is no dispute concerning the existence of the obligation and Defendants' default of that obligation. Since there is no dispute as to any genuine issue of material fact, Plaintiff is entitled to judgment as a matter of law and entry of summary judgment is appropriate. FACTS On July 1, 2004, the Defendants, Douglas E. Kendall, a/k/a Douglas Emmet Kendall and Crystal L. Heffuer, (hereinafter referred to as the "Defendants"), entered into a Note with the principal sun of $67,200.00. On the same date, the Defendants, entered into a Mortgage that secured the indebtedness of the Note recorded on July 28, 2004, in the Office of the Recorder of Deeds in Cumberland County, in Mortgage Book 1875, Page 0221. The Plaintiff, Mortgage Electronic Registration Systems, Inc. (MERS), (hereinafter referred to as "Plaintiff,") is the owner of the legal title to the Mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, Inc., which is the owner of the entire beneficial interest in the Mortgage. The real property, which is subject to the Mortgage, is located at 34 West Main Street, a/k/a 54 West Main Street, Plainfield, P A 17081. The Defendants are the record owners of the property subject to the mortgage. The Defendants failed to make the payments pursuant to the Note and Mortgage and despite demand by Plaintiff the Defendants have failed to cure the default on the obligation, On March 30, 2006, Plaintiff filed the underlying Complaint in Mortgage Foreclosure. On or about April 17, 2006, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, filed an Answer to the Complaint. Defendant, Crystal L. Heffner, has yet to file a response to Plaintiffs Complaint. The relevant pleadings are closed and Plaintiff is filing this Motion for Summary Judgment as there is no genuine issue of material fact concerning the existence of Defendant's, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, obligation or that the Defendant is in default of that obligation, Plaintiffs Affidavit and accompanying payment history clearly demonstrate that the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, was given proper credit for all payments due and owing and the amount of indebtedness is correct. Accordingly,- as there is no dispute as to any genuine issue of material fact, Plaintiff is entitled to ~ judgment as a matter of law and entry of summary judgment IS appropriate under Pa.R.c.P. 1035.1 et seQ. LEGAL ARGUMENT No Genuine Issue of Material Fact Exist, Plaintiff is Entitled to Judgment as a Matter of Law, and Summary Judgment Should be Granted The purpose of summary judgment is to avoid vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact exists. Ertel v. Patriot News Co., 674 A.2d 1038, 1042 (Pa. 1996). Specifically, Pennsylvania Rule of Civil Procedure 1035.2 provides in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of material fact as to a necessary element of the cause of action or defense, which could be established by additional discovery or expert report. See also Williams v. Pilgrim Life Insurance Co., 452 A.2d 269 (Pa.Super, 1982). The party moving for summary judgment has the burden of demonstrating that no genuine issue of material fact exists. Thomoson Coal Co. v. Pike Coal Co., 412 A.2d 466, 468-69 (Pa. 1979); Hower v. Whitmark Assoc., 538 A.2d 524 (Pa.Super. 1988). A court may grant summary judgment whenever there is no genuine issue of material fact and it is clear that the moving party is entitled to judgment as a matter oflaw. Pa.R,C.P. 1035.2; Boyer v. Walker, 714 A.2d 458,459 (Pa.Super. 1998). When making the determination, the court must consider the evidence in a light most favorable to the non-moving party. Ertel at 1042. However, the court must ignore controverted facts in the pleadings and restrict its view to the allegations in the pleadings that are uncontroverted and to material filed in support of and in opposition to the motion for summary judgment. Nationwide Mutual Ins. Co. v. Nixon, 682 A.2d 1310, 1313 (Pa.Super. 1996), alloc denied, 693 A.2d 589 (Pa. 1997). When a motion for summary judgment has been properly supported with corroborating documentation, the adverse party may not claim that the averments in the pleadings alone are sufficient to raise a genuine issue for trial and must demonstrate by specific facts contained within depositions, answers to interrogatories, admissions or affidavits that there is a genuine issue of material fact for trial. Marks v. Tasman, 589 A.2d 205, 206 (Pa. 1991); Pave v. Smith, 323 A.2d 856 (Pa.Super. 1974). Allowing the non-moving party to avoid summary judgment where they have no evidence to support an issue on which they bear the burden of proof runs contrary to the spirit of the summary judgment rule. Ertel, at 1042. Forcing parties to go to trial on a meritless claim under the guise of effectuating the summary judgment rule is a perversion of that rule. Id. In a mortgage foreclosure action, summary judgment is proper where it is admitted that the mortgage is in default, that the mortgagors have failed to pay interest on the obligation and that the recorded mortgage is in the amount specified. Cunningham v. McWilliams, 714 A.2d 1054, 1057 (Pa.Super. 1998) citing Landau v. Western Pennsylvania National Bank, 282 A.2d 335 (Pa. 1971). In this case, the Pleadings, Affidavit of Plaintiff in Support, and Exhibits attached to this Motion establish conclusively that the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, executed a Note and Mortgage; the Defendant is in default under the terms and conditions of the Note and Mortgage; all payments made by Defendant have been properly credited and all charges have been properly assessed to the account; the amount claimed for L . attorney's fees is fair and reasonable under Pennsylvania jurisprudence; the required Notice was fulfilled by the Plaintiff; and there are no genuine issues of material fact. Based on a review of Defendant's, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, Answer it is clear that the Defendant does not have a material defense to the Mortgage Foreclosure Action. In the Answer, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, admits executing the Mortgage and Note and to being the record owner of the property. With respect to the issue of default, Defendant, Douglas E. Kendall, alk/a Douglas Emmet Kendall, neither admits or denies default. Under Pennsylvania law, averments in pleadings to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. First Wisconsin Trust Co. v. Strausser, 653 A.2d 688, 692 (Pa.Super. 1995). As a result, since the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, does not admit or deny default, it is therefore admitted. Furthermore, the payment history clearly demonstrates the Mortgage and Note are in default. In fact, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, is past due for Mortgage payments due from October 2005 thru March 2006. The Affidavit confirms that the amounts set forth in the Complaint are correct. Also, the payment history corroborates the Affidavit as to the amounts due and owing. The Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, has not come forward with any evidence to establish that the Mortgage and Note are not in default. The Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, cannot rely on the pleadings alone to overcome the motion for summary judgment. Accordingly, Plaintiff is entitled summary judgment. See Cunningham v. McWilliams, 714 A.2d 1054, 1057 . (Pa.Super. 1998) citing Landau v. Western Pennsylvania National Bank, 282 A.2d 335 (Pa. 1971). Also, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, neither admits or denies that he received Notice of Homeowner's Emergency Mortgage Assistance, Rather, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, claims he has a meeting with Pennsylvania Homeowner's Emergency Mortgage Assistance on April 27, 2006. Plaintiff sent the Defendants Notice of the Homeowner's Emergency Mortgage Assistance on December 22, 2005. The notice was sent by certified mail to the Defendants' last known address. Therefore, Plaintiff complied with the notice requirements. See Second Federal S&L Assoc. v. Brennan, 598 A.2d 997 (Pa.Super. 1991). In addition, the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, was denied Pennsylvania Homeower's Mortgage Assistance on March 20,2006, which allowed the Plaintiff to proceed with the Mortgage Foreclosure Action. Lastly, the Defendant, Douglas E. Kendall, alk/a Douglas Emmet Kendall, disputes that Plaintiff complied with the Act 6 Notice of Intention to Foreclose. The Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, claims that he should have received Notice of Intention to Foreclose because the Mortgage lien is secured by the residence. However, a mortgagee is not required to send Act 6 Notice when the Mortgage lien is secured by residence. A mortgagee is only required to send the Act 6 Notice when the original mortgage amount is less then $50,000, unless the mortgage required the notice or if the property has been abandoned or voluntarily surrendered. Here, the original mortgage amount was $67,200.00, the Mortgage did not require the , p Act 6 Notice and the property was not abandoned or voluntarily surrendered, as a result, the Plaintiff was not required to send Act 6 Notice ofIntention to Foreclose, The material facts are not in dispute. Plaintiffs Affidavit in Support of this Motion verifies that the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, is in default and the amounts due and owing are a result of said default. The Defendant's, Douglas E. Kendall, a/k/a Douglas Emmet Kendall, Answer does not raise a valid defense or prove the existence of a genuine issue of material fact. Therefore, Plaintiff is entitled to summary judgment in its favor and against the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall. Based on the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter judgment in favor of Plaintiff and against the Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall. an, Esquire 55669 to j. . THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS, INC (MERS), Plaintiff COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY DOUGLAS E. KENDALL, AIKJ A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants No.: 06-1857 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Briefin Support of the Motion for Summary Judgment was mailed to defendants by regular mail, first class United States mail, postage prepaid on the date set forth below. Douglas E. Kendall a!kIa Douglas Emmet Kendall 34 West Main Street a/k/a 54 West Main Street Plainfield, P A 17081 Crystal L. Heffuer 34 West Main Street a!kIa 54 West Main Street Plainfield, P A 17081 Dated: r:{J l "/.:>(. SWORNTOANDSUBSCIDBED BEFORE ME THIS /" 1L DAY OF f}./ , 2006. jJ,... ~ ~ NptARYPUBLIC i I I I , JAMEsp~ Not9'a( PubIc ~TP.MetP, ~My-~~ Ie. 20)7 . o G v~:... cp~~.f: ~'~ c:< .";.:: ~:~< (~ ~.l z ::z \ jA jf\ ,,' ")~l y()'MlII.~)! q a1MiIoL :;1i!cll'..: '.'n" ,\II. qIHl~WOT \I\OlQM,A.H1'!')" >(l1~;JU'": a>t::)ua \l'(I~ ,81 i\J1. :o.f)li..~.d ("IoiP\m ,,.N. ,....,;) = = c:::-- ::J: ;no -< ~ :r-n f11 -- r- -nm ~oc.., c~ T -.~l() -," .""1. {~'~5 ,:1~ ....:"jo"\",.if c3m ~t,--l ::0 -< -J ;no. ::E: o w w ~ ... { . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff CIVIL DIVISION Case No.: 06-1857 Civil Term vs. DOUGLAS E. KENDALL, a!kJal DOUGLAS EMMET KENDALL, and CRYSTAL L. HEFFNER, Defendant( s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff s claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) 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. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $3,325.00 which amount should be able to be paid within ninety days of filing of this answer. 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. Y ouric r., Esqui P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 ~ \ VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1 024( c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon.information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. ~M Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 15th day of May, 2006, I served a copy ofthe Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Gregory Javardian, Esquire 1310 Industrial Boulevard 1st Floor, Suite 1O1 Southampton, P A 18966 Frank E. Y ourick, ., squire Attorney for Defendant(s) P.O. Box 644 Murrysville, P A 15668 (412) 243-5698 PA ID No.: 00245 () t-..) ~ = c = ;;;:. ~ -0("1:' ::II:: ~:o l1)U: > ~,_... -< -oM; ?r- U),~_t- -.J :o? -<. 0(,) 1-- <:: ~'"Ti :::t> ",., " -<-'1 ~~~. :z ':.)-- '''-(') w am -,-'-I 5 0 ~ .< 0 SHERIFF'S RETURN - REGULAR ~ -.. CASE NO: 2006-01857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KENDALL DOUGLAS E ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KENDALL DOUGLAS E AKA DOUGLAS EMMETT KENDALL the DEFENDANT , at 1921:00 HOURS, on the 4th day of April , 2006 at 34 WEST MAIN STREET PLAINFIELD, PA 17081 by handing to CRYSTAL L HEFFNER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: me this /Ii e day of 18.00 7.04 .00 10.00 .00 35.04 04/05/2006 c::r GREGORY JAVARDIAN By: ~ ~: - DepuJ;"Sher r~--<t:~ R. Thomas Kline Sworn and Subscribed to before ~ .)01Jl,. A.D. Prothonotary SHERIFF'S RETURN - REGULAR ~ _.. CASE NO: 2006-01857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KENDALL DOUGLAS E ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEFFNER CRYSTAL L the DEFENDANT , at 1921:00 HOURS, on the 4th day of April , 2006 at 34 WEST MAIN STREET PLAINFIELD, PA 17081 by handing to CRYSTAL L HEFFNER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 C}- :r'W;~~ R. Thomas Kline 04/05/2006 GREGORY JAVARDIAN Sworn and Subscribed to before By: ~~ (/tf{~ 'Deputy Slier f me this l"r~ day of M~ ;).01)(,. A.D. Prothonotary .-.... 'l. 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) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026, . Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DOUGLAS E. KENDALL, AfKJA DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AlKJA 54 WEST MAIN STREET PLAINFIELD, P A 17081, Defendants No. 06-1857, Civil Term l. State matter to be argued (i.e., plaintiffs motion for a new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment against Defendant, Douglas E. Kendall, alkla Douglas Emmet Kendall. No argument for Crystal L. Heffner as she has yet to file a response to the Complaint. 2. Identify counsel who will argue cases: (a) for plaintiff: Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013-3016 (b) for defendant: (Pro se) Douglas E. Kendall alkla Douglas Emmet Kendall 34 West Main Street alk/a 54 West Main Street Plainfield, P A 17081 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 ~r' &4t::70 ~~/~ Print your name ? h J nMf- Attorney for Date: 7 /J~ I d.on & :I" ~ ".. THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORYJAVARD~N ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY DOUGLAS E. KENDALL, AIKJ A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants NO, 06-1857 Civil Term CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Praecipe for Listing Case for Argument for Plaintiffs Motion for Summary Judgment was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Douglas E. Kendall a/k/a Douglas Emmet Kendall 34 West Main Street a/k/a 54 West Main Street Plainfield, P A 17081 Crystal L. Heffner 34 West Main Street a/k/a 54 West Main Street Plainfield, P A 17081 Dated: J SWORN TO AND SUBSCRIBED BEFORE ME THIS ld*- DAYOF ~ ,2006, ~-~.~ NOTARYPUBL. COMMONWEALTH OF PENN SYLVANIA NOTARIAL ~EAL - T'I\. ,. IliA E paPER, Notary Public /II'UPPo-r Southampton Twp BlIcks County '.1 CommiSSion EXplfes November 29, 2008 ("-) . . .OJ) ~ . .. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be tvoewrltten and submitted in duollcatel TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. (MERS) P.O. BOX 2026 FLINT, MI48501-2026, Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DOUGLAS E. KENDALL, AfK/A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER 34 WEST MAIN STREET, AfK/ A 54 WEST MAIN STREET PLAINFIELD, PA 17081, Defendants No. 06-1857, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for a new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment against Defendant, Douglas E. Kendall, a/k/a Douglas Emmet Kendall. No argument for Crystal L. Heffner as she has yet to file a response to the Complaint. 2. Identify counsel who will argue cases: (a) for plaintiff: Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013,3016 717,241,4311 (b) for defendants: Frank E. Y ourick, Jr., Esquire P.O. Box 644 Murrysville, P A 15688 4 I 2-243-5698 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 ~~,,~ ae&'~ ::lA-vM/l<W-i'-' Print your name JII~, /L.,;~_ Attorney fof Date: V u/y /9: J (JO(I .. . " DUPUCATE ORIGINAL THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY DOUGLAS E. KENDALL, A/KJA DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER, Defendants NO. 06-1857 Civil Term CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Praecipe for Listing Case for Argument for Plaintiffs Motion for Summary Judgment was mailed to the following individuals by . regular mail, first class United States mail, postage prepaid on the date set forth below. Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Attorney for Defendants Dated: JWy /qj.l,OO<.f SWORN TO AND SUBSCRIBED BEFORE ME THIS tq'l"-- DAYOF ~ ,2006. ~Yr~~~<;E~ r ....---- ,- J ) '\i(/Ti->,RiAL St::AL , TNf!, E POPER, Notary Public I IJor~< S('\Jth:~'1\Ar1r T wp BuCks County I M; CcnmnsSI,'lf) tXPlIC;; ~~()'1/,,'mbC'l 29, ;:<)08 ,11I.".._..'....." --"........~fr'~J""'!: ...1 .,...-...,../ . ....~, i~ ........~ c~ ;=.:! r"',) c::: o (" <" .. LAW OFFICES OF GREGORY JA V ARDIAN BY; GREGORY JA V ARDIAN Identification No. 55669 1310 Industrial Boulevard 1st Floor, Suite 10 I Southarnpton,PA 18966 (215) 942-9690 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS), Plaintiff COURT OF CONUMONPLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, An0ADOUGLASEMMETKENDALL AND CRYSTAL 1. HEFFNER, Defendants PRAECIPE TO DISMISS PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: Kindly DISMISS the Praecipe for Listing Case for Argument filed by the Plaintiff without Prejudice in the above captioned case. Date: t~/00 d i ~ . ~ if. FA; 1 ~~ ~e :PO oB ~~) ::s 8."" ;; 9,;::c.t ::.t ~ ~ . THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN Attorney for Plaintiff ATTORNEY !.D. # 55614 1310 Industrial Boulevard, 1st Floor, Suite 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Mortgage Electronic Registration Systems, Inc. (MERS) Plaintiff Court of Common Pleas Civil Division Cumberland County vs. No.: 06-1857- Civil Term DouglasE. Kendall a!k/a Douglas Emmet Kendall, and Crystal 1. Heffner Defendants STIPULATION FOR CONSENT JUDGMENT 1. On March 30, 2006 the Plaintiff filed a Complaint in Mortgage Foreclosure against the above named Defendants. 2. On or about April 17, 2006, the Defendants filed an Answer to the Complaint. 3. It is agreed by and between counsel for Plaintiff and counsel for Defendants that in order to avoid the additional costs and delays associated with litigating the foreclosure action, the Defendants agree to entry of Judgment in Mortgage Foreclosure in favor of Plaintiff and against the Defendant. 4. In exchange for Defendants' consenting to judgment, Plaintiff agrees to not immediately list the property for Sheriff Sale, rather Plaintiff agrees to hold off listing the property for Sheriff Sale so that the property will be listed for the until the December 6, 2006 Sale. , . . . 5. The parties respectfully request that this Stipulation be approved by this Honorable Court by Order of Court attached hereto. Respectfully submitted, Date:~ By: By: s P. Kenney, Esquire omey for Plaintiff Law Offices of Gregory Javardian 1310 Industrial Boulevard, Suite 101 Southampton, P A 18966 (215) 942-9690 Date: ~/ 1./01. /K , ' THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ATTORNEY I.D. # 55614 1310 Industrial Boulevard, 1 st Floor, Suite 101 SOUTHAMPTON, PA 18966 (215) 942-9690 , S ~::> 0 8 2006 \12> J ~-,=,,'" ~, . '1 \ . , Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. (MERS) Plaintiff Court of Common Pleas Civil Division Cumberland County vs. No.: 06-1857- Civil Term DouglasE. Kendall a/k/a Douglas Emmet Kendall, and Crystal L. Heffner Defendants AND NOW, this ORDER day of )~ 2006, it IS hereby \\ ORDERED and DECREED that Judgment in Mortgage Foreclosure is entered in favor of Plaintiff and against the Defendants, Douglas E. Kendall alk/a Douglas Emmet Kendall, and Crystal L. Heffner, in the amount of $72,554.31 plus interest, at the per diem rate of $13.82 from March 21,2006 until the date of judgment and legal interest thereafter. J. .............. ~ ~ ~" \) '1 7 . 0 Uu Z I j t,J .. i~) :-; ~r ..' t ~ ~";)!10n ~iJVi C........ 4 ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI48501-2026 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-1857 CIVIL TERM vs. DOUGLAS E. KENDALL, A/KJA DOUGLASEMMffiTKENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Per Order of Court dated 9/11/06 Interest from 3/21/06 to 9/11/06 @13.82 $72,554.31 2.404.68 $74,958.99 Amount Due Interest from 9/11/06 to Date of Sale @ $12.32 per diem $ $ Subtotal (Costs to be added) GREGORY Attorney :6 I.D, #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 7CJ ~ ~~ r .(.Q..""' - \kJ . w Cl(O t: - <rt 0' C ~ V"\ t tIl "" f~ :S - ~ ~ ~. ,... -f- ~ l . A "f4. ~ - w -- \J..J , !-It fI) 0 ,....;) ~ ~ ...0 c:;::) w c c:;::) . -.,.. Q' :;! 0 . 0 0 C> ~.., a 0 '" ~ -00:,1 i~ ..t.. () C 0 0 .c:. () ~~{,' -c::: I zc N ( C:') :~.~.. \.0 00 \ , i (":) ~ r::::c: ~:H 0 ~o ~ o~ z ... ~ j;C.J - ~ - ... .. ... ... c - ... " .. ~ - ... ~ ~ 0 N ;;.c:: .. - ... " - ... .. - ... - , ...... ALL THAT CERTAIN lot of land situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the eastern edge ofan 18 foot alley in the center line ofPA Route 641; thence along the center line of P A Route 641, South 70 degrees 07 minutes 07 seconds East 137,60 feet to a point; thence along lands of Wilmer Harris, South 19 degrees 28 minutes 37 seconds West 57.50 feet to a nail; thence continuing along lands of said Harris, South 0 degrees 58 minutes 37 seconds West 61.30 feet to an iron pin; thence along lands of Samuel Shambaugh, North 75 degrees 19 minutes West 68.36 feet to an iron pin; thence continuing along lands of said Shambaugh, North 88 degrees West 66.00 feet to an iron pin; thence along the eastern edge of said 18 foot alley, North 9 degrees 07 minutes 09 seconds East 144.49 feet to a point in the center line of P A Route 641, the place of beginning. BEING improved with a two stol)' brick dwelling house. CONTAINING .38 acre. BEING Lot No. 1 on Subdivision Plan for Samuel Shambaugh, recorded in the hereinafter mentioned Recorder's Office in Plan Book 34, Page 45 and having thereon erected a single family dwelling with mailing address of 34 (erroneously stated as 54 in prior deed) West Main Street, Plainfield, Pennsylvania. BEING the same premises which Scott A. Pfefferle, single person, by Deed dated June 24, 2004 and recorded on July 28, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 1909, granted and conveyed unto Douglas E. Kendall and Cl)'stal L. Heffner. PARCEL No. 46-18-1394-086. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1857 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff (s) From DOUGLAS E. KENDALL, A/KJA DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. . Amount Due $72,554.31 L.L. $.50 Interest FROM 3/21/06 TO 9/11/06 @ 13.82 - $2,404.68 Atty's Comm % Due Prothy $1.00 Arty Paid $133.04 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) (!~~ Curtis~ Long, Proth By: Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQillRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SillTE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 MOR1tJAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. (MERS) CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, AIKIA DOUGLASEMNffiTKENDALL CRYSTAL L. HEFFNER AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 34 WEST MAIN STREET AIKI A 54 WEST MAIN STREET. PLAINFIELD. P A 17081: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CRYSTALL.HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 34 WEST MAIN STREET PLAINFIELD, P A 17081 DOUGLAS E. KENDALL, AIKIA DOUGLAS EMMET KENDALL 2. Name and address of Defendant(s) in the judgment: CRYSTAL L. HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 34 WEST MAIN STREET PLAINFIELD, PA 17081 DOUGLAS E. KENDALL, AIKIA DOUGLASEMNffiTKENDALL 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. Jo< , . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff MERS as Nominee for Accredited Home Lenders, Inc. I 5090 Avenue of Science San Diego, CA 92128 MERS as Nominee for Accredited Home Lenders, Inc. 16550 West Bernardo Drive, Bldg. 1 San Diego, CA 92127-1870 MERS as Nominee for Accredited Home Lenders, Inc. P.O. Box 2026 Flint, MI48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 1, Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 34WESTNUUNSTREETAAUA 54 WEST MAIN STREET PLAINFIELD, PA 17081 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. November 17, 2006 o c ;C' -eJ'''i-; fT1i+, .~~'::: '1'i r~ fj.~ ~~.: ~.-r. €:(--! .P'cc:.. Z .~j -, ... po..:) = <= Cl"" :z o ...::: N U) ~ -{ :J::n ~r;:; S~ -r II ~~~ Om ::;;! 5"J -< ::r::a ~ o N ..... LAW OCFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICA nON NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRA nON SYSTEMS, INC. (MERS) CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, A/K/A DOUGLASEMNlliTKENDALL CRYSTALL,HEFFNER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUGLAS E. KENDALL, AIKIA DOUGLASE~ETKENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 Your house (real estate) at 34 WEST MAIN STREET A/K/A 54 WEST MAIN STREET. PLAINFIELD. P A 17081, is scheduled to be sold at Sheriffs Sale on MARCH 7. 2007 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $72,554.31, obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) /. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 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 fmd out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 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. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ~ ALL THAT CERTAIN lot ofland situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the eastern edge of an 18 foot alley in the center line of P A Route 641; thence along the center line ofPA Route 641, South 70 degrees 07 minutes 07 seconds East 137.60 feet to a point; thence along lands of Wilmer Harris, South 19 degrees 28 minutes 37 seconds West 57.50 feet to a nail; thence continuing along lands of said Harris, South 0 degrees 58 minutes 37 seconds West 61.30 feet to an iron pin; thence along lands of Samuel Shambaugh, North 75 degrees 19 minutes West 68.36 feet to an iron pin; thence continuing along lands of said Shambaugh, North 88 degrees West 66.00 feet to an iron pin; thence along the eastern edge of said 18 foot alley, North 9 degrees 07 minutes 09 seconds East 144.49 feet to a point in the center line of P A Route 641, the place of beginning. BEING improved with a two story brick dwelling house. CONTAINING.38 acre. BEING Lot No.1 on Subdivision Plan for Samuel Shambaugh, recorded in the hereinafter mentioned Recorder's Office in Plan Book 34, Page 45 and having thereon erected a single family dwelling with mailing address of 34 (erroneously stated as 54 in prior deed) West Main Street, Plainfield, Pennsylvania. BEING the same premises which Scott A. Pfefferle, single person, by Deed dated June 24, 2004 and recorded on July 28,2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 1909, granted and conveyed unto Douglas E. Kendall and Crystal L. Heffner. PARCEL No. 46-18-1394-086. a c. z -otf' rr~ ['1 ~;~ ~2'" r::: ~~t) .:P' c: z =2 ~ c::::J c:;:t c:T" :z: <::) ..0:::: N 1..0 ~ ~:n Ffi :}39 06 :~:n .-)- ~~ ~ <::> ~ N p ::J: , LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. (MERS) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, AlKJA DOUGLAS EMMET KENDALL CRYSTALL.HEFFNER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 34 WEST MAIN STREET AIKJ A 54 WEST MAIN STREET PLAINFIELD, P A 17081 - , DOUGLAS E. KENDALL, AlKJA DOUGLAS EMMET KENDALL 34 WEST MAIN STREET PLAINFIELD, P A 17081 CRYSTAL L. HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 DOUGLAS E. KENDALL,AlKJA DOUGLAS EMMET KENDALL P.O. BOX 88 PLAINFIELD, P A 17081 CRYSTALL. HEFFNER P.O. BOX 88 PLAINFIELD, P A 17081 P A Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 MERS as Nominee for Accredited Home Lenders, Inc. 15090 Avenue of Science San Diego, CA 92128 MERS as Nominee for Accredited Home Lenders, Inc. 16550 West Bernardo Drive, Bldg. 1 San Diego, CA 92127-1870 MERS as Nominee for Accredited Home Lenders, Inc. P.O. Box 2026 Flint, MI 48501-2026 Frank E. Y ourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Dated: / ;;_//1 t; ,...,OVlOOO \O":I'OOOC!O ON""';O."r ~~ ,...sf@f-< ~~~- < ~oo f@f-< g f-<- ~~~~- ..:.i I i .- Ii ~~~o <<i 10 ~1ell si '1:l ~ I'~~& rIJrIJ ~ = I <<f-<S Q) ti p.. ~ .~a:~i ~~rIJ~ OO~~ ~ ill ::J J e CL ~D."D f-< ~ tl'~ i i ]I ~! ~~ < 0 iCL~a:a:~ J.I oO'<t~ Ii: Z II o 0,..., p.. w o- w a: (') CDt: ~ ~~~ Ul a w :J a: CD ill ~ Z IL {t ~w> .5Z W W oa: 0 ~~ (/) ww (I) a: II.. a:a:(/) ~~."-_'c-.--....-~ ----:------:'--..r----.- --~--_...--.-----------_..-- TO: CRYSTAL L. 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KENDALL, A/K/A DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER PLAINTIFF/SELLER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) DEFENDANT(S): DOUGLAS E. KENDALL, AlKJA DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER PROPERTY: 34 WEST MAIN STREET AlKJA 54 WEST MAIN STREET PLAINFIELD, P A 17081 06-1857 CIVIL TERM CUMBERLAND C.C.P. NO. The above captioned property is scheduled to be sold at Sheriffs Sale on MARCH 7. 2007 at 10:00 A.M.. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013: You may hold ajudgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, q~ II Greu' an, &quire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 o c:. ~::: \.:"".'~~ r-' c:::> = ---J c.- :v- ~ - ~ .-4 ::r:c-rl rnr=: -ern ~l}Q Ob ..~~ ..p- :2. -1 -D ~:"- - <-" 0'" .- :1 r LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) COURT OF COMMON PLEAS CUMBERLAND COUNTY YS. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, A/KJA DOUGLASE~TKENDALL CRYSTALL. HEFFNER AFFIDA VIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO PaRCP 3129.2 (c) and PaRCP 403 GREGORY JA V ARDIAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by First-Class Certificate of Mailing Form 3817 to Frank E. Y ourick, Jr., Esquire, Attorney of Record for Defendants, at P.O. Box 644, Murrysville, PA 15668 on December 11, 2006 (see copy certificate of mailing attached). This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Januarv 31, 2007 V ARDIAN, ESQUlRE laintiff f ,-..: :: t.::;: tl}~~i~' ) ~i ~i ~'~ \Sa: <C= g'Gl ~ t.~ :gr G) :=: ~ co .c J: ~Qj~ 't:!,_:r:U ~:'15~.!! 'f6 8 s~.!~~~~ en ~ lJ i 0 ~'O Gl ~x :f ~ l=;,~ S Q) Gl _ ~"" a tI)_ I.L _~~ls8&~ ~ .~ Q) l1.I 5 r;: .Q iii E q:: c::= 'iij 0 1\1 E i u~ q:: ~ :z -0 .-o~!~ io-a.::J uu~Jl.5 00000 - o Q) g .l<: U Q) .s:; () ....0 -8~ ~~ -0 _w -0 o ..J 0- A:::>r-CO t~~~;: LL ..Jwc..; o ~~-? en ~ :::> "'- w t-eng S21~~Cl. ~ogO~ .LO<C O<!)"-..JI :>wou-t- >""r- :::> <t: '[- C'1 t; 0 ..J0.--.-U') lij Gl c: u; .Q '6 iii c: r;: 1\1 Gi "fi g ~2 ~ ~ 1\1 ~ .EE ""i a~ 0-018 il!!a:l!! -oGl~::J 8:il::Jiii Q) ~- ~ a:a:~Ci) 0000 Gl Ol .l!l u; ~ ! ~ .., lIS' ~ 8 l (J.I ! j I . .~ ~~ ~~ OJ .~ ;s ~ : z ??~ ~ Q) K cn....oJJ.. ~f:?t:Qs:: ~.: I~ q.,:~ 1E rc ~, ~ N it $'\ (] ~ ~ . It: c o .. c . E .! . .. en 1) c( ~ . > 't: D. . ~ c :. c '0 a. II ... o ~ E ..: .s j . Go ~ ~ . . Q. E o u ..... 00 "Q. z- E 1\1 ~j 118 OGl f-a: & ~ N o o N ~ IV ::J li Q) LL ,.: ..... GO (II) E o LL fI) l1. /~ t~( \\ ',>.. ""~ ,;){"~. .J ~ ~ Gl n: '0 CD ..'0 .xii E0 ::J>- z.c _-0 J!!.!! ou; f-:=i ('I) .q: to <D ,...: ex) Q S ;:-"' r-) c:;> ,::;:;> --" -r'1 g , ....J .... -0 -v':: ........ ~ :;1:0 rn r;; -o.~ .:c!, ':t l:S~', ':'~?A . l ~.::;\ '],:>- ?t. t'" . . W N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }ss: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Accredited Home Lenders Inc is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 29th day of no v, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 1857, at the suit ofMtg Electronic Registration Systems Inc against Douglas E Kendall aka Douglas Emmet & Crystal L is duly recorded in Deed Book No. 279, Page 1224. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;(3 day of 'f'f'yt~ , A.D. ~O? ~~4~"~rderOfDeeds ..., . of"'" 2010 Mortgage Electronic Registration Systems, Inc. VS Douglas E. Kendall a/k/a Douglas Emmet Kendall and Crystal L. Heffner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1857 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Douglas E. Kendall a/k/a Douglas Emmet Kendall and Crystal L. Heffner, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendants, Douglas E. Kendall a/k/a Douglas Emmet Kendall and Crystal L. Heffner. The house at 34 West Main Street, Plainfield, P A 17081 is vacant. The post office has no other physical address for the defendants. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1310 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 Douglas E. Kendall a/k/a Douglas Emmet Kendall and Crystal L. Heffner located at 34 West Main Street, Plainfield, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07,2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian, on behalf of Accredited Home Lenders, Inc., a California Corporation. It being the highest bid and best price received for the same, Bank Accredited Home Lenders, Inc. a California Corporation, of 16550 West Bernardo Drive, Building 1, San Diego, CA 92127, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,OI7.57. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 19.96 15.00 15.00 30.00 10.00 .50 1.00 10.56 3.09 15.00 30.00 383.00 373.13 16.83 25.00 39.50 $ 1017.57 ./ 3J~1 01 C}. SO':;;:;'K ~/__ R. Thomas Kline, Sheriff BY JO~i~t~R Real Esta;1ergeant ~1Jv^- Jb'(JO j.&"D Ue-.~ 11( {){.. ~ 11'0(, iPS' .' .. . MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. (MERS) CUMBERLAND COUNTY vs. DOUGLAS E. KENDALL, AlK/A DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER No.: 06-1857 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 34 WEST MAIN STREET AIK/ A 54 WEST MAIN STREET. PLAINFIELD. P A 17081: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS E. KENDALL, AlK/A DOUGLASE~TKENDALL 34 WEST MAIN STREET PLAINFIELD, P A 17081 CRYSTALL.HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 2. Name and address ofnefendant(s) in the judgment: DOUGLAS E. KENDALL, AlK/A DOUGLAS EMMET KENDALL 34 WEST MAIN STREET PLAINFIELD, P A 17081 CRYSTALL.HEFFNER 34 WEST MAIN STREET PLAINFIELD, PA 17081 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4 . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. MERS as Nominee for Accredited Home Lenders, Inc. 15090 Avenue of Science San Diego, CA 92128 MERS as Nominee for Accredited Home Lenders, Inc. 16550 West Bernardo Drive, Bldg. 1 San Diego, CA 92127-1870 MERS as Nominee for Accredited Home Lenders, Inc. P.O. Box 2026 Flint, M148501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 . . . - 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 34 WEST MAIN STREET AIKJ A 54 WEST MAIN STREET PLAINFIELD, P A 17081 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. GREGO, ~VARDIAN,ESQUIRE Attorne . for Plaintiff November 17,2006 . ., 40 -' LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. (MERS) CUMBERLAND COUNTY vs. No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, AlKJA DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUGLAS E. KENDALL, AIKIA DOUGLAS EMMET KENDALL CRYSTAL L. HEFFNER 34 WEST MAIN STREET PLAINFIELD, P A 17081 Your house (real estate) at 34 WEST MAIN STREET AlKJA 54 WEST MAIN STREET. PLAINFIELD. PA 17081. is scheduled to be sold at Sheriffs Sale on MARCH 7. 2007 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $72,554.31, obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 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 Gregory Javardian, Esquire at (215) 942-9690. 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. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot ofland situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNIN G at a point at the eastern edge of an 18 foot alley in the center line of P A Route 641 ; thence along the center line ofPA Route 641, South 70 degrees 07 minutes 07 seconds East 137.60 feet to a point; thence along lands of Wilmer Harris, South 19 degrees 28 minutes 37 seconds West 57.50 feet to a nail; thence continuing along lands of said Harris, South 0 degrees 58 minutes 37 seconds West 61.30 feet to an iron pin; thence along lands of Samuel Shambaugh, North 75 degrees 19 minutes West 68.36 feet to an iron pin; thence continuing along lands of said Shambaugh, North 88 degrees West 66.00 feet to an iron pin; thence along the eastern edge of said 18 foot alley, North 9 degrees 07 minutes 09 seconds East 144.49 feet to a point in the center line ofPA Route 641, the place of beginning. BEING improved with a two story brick dwelling house. CONTAINING .38 acre. BEING Lot No.1 on Subdivision Plan for Samuel Shambaugh, recorded in the hereinafter mentioned Recorder's Office in Plan Book 34, Page 45 and having thereon erected a single family dwelling with mailing address of 34 (erroneously stated as 54 in prior deed) West Main Street, Plainfield, Pennsylvania. BEING the same premises which Scott A. Pfefferle, single person, by Deed dated June 24, 2004 and recorded on July 28,2004 in the Office of the Recorder of Deeds 'in and for Cumberland County in Deed Book 264, Page 1909, granted and conveyed unto Douglas E. Kendall and Crystal L. Heffner. PARCEL No. 46-18-1394-086. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1857 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff (s) From DOUGLAS E. KENDALL, AlK/A DOUGLAS EMMET KENDALL AND CRYSTAL L. HEFFNER (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 gamishee(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 $72,554.31 L.L. $.50 Interest FROM 3/21/06 TO 9/11/06 @ 13.82 - $2,404.68 Atty's Comm % Atty Paid $133.04 Plaintiff Paid Date: NOVEMBER 29, 2006 Due Prothy $1.00 Other Costs (Seal) c_~~ By: Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale # 69 On December 4, 2006 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 34 W. Main St. a/kJa 54 W. Main St., Plainfield, more fully described on Exhibit "A" Date: December 4, 2006 By: t "-JO Real Es e c:v;a c\rQ c::::::J Gi) ri\ii filed with this writ and by this reference incorporated herein. . "... 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 smce; 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 S ALE #69 ::.;~..:~'~ ......... JI !!l!"I. t ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 26, February 2 and February 9,2007 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. 69 Writ No. 2006-1857 Civil Mortgage Electronic Registration Systems, Inc. vs. Douglas E. Kendall a/k/a Douglas Emmet Kendall and Crystal L. Heffner Atty.: Gregory Javardian ALL TIiAT CERTAIN lot of land situate in the Village of Plainfield, West Pennsboro Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a point at the eastern edge of an 18 foot alley in the center line of PA Route 641; thence along the center line of PA Route 641, South 70 degrees 07 minutes 07 seconds EOist !~z..60 TO AND SUBSCRIBED before me this ~Of~b~ ~ ~..'." :L/V '1""" """'. ',. ,...,. ~Y..\': <' l ' ~) . . ,;..":.>' . ' it r.~.... ',':, ::'1"'1::1. . It''''fV pl'\,Hc ~ i.1 t..", ",:" ,,_',: l', L_ .' (I -..h",. ~' ,-' - ~ ,i ~~" '~~.:;.__~:>~~:;>~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. (MERS) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs, No.: 06-1857 CIVIL TERM DOUGLAS E. KENDALL, NK/ A DOUGLAS EMMET KENDALL CRYSTALL.HEFFNER ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SALE Gregory Javardian, Esquire, Attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. (MERS) kindly request that the bid on the above matter be assigned to of Accredited Home Lenders, Inc, a California Corporation whose address is 16550 West Bernardo Drive, Building 1, San Diego CA 92127 as they are the investor in this matter. E . . ,.....- 30 ~p~ ~ " ! i ........-,........... -1~".s.:R of."" -. .~ I.- c_'..)L- .. ...._-_\. ...- " _' " ~ -. ",- t"i)EC os ~~:_,,;J~..t. ~.. vr IJ '- . 1\.,,0-;.;",1 ,,:-, i'i~UU1Y-PA .. ....,._'-11....1'1..~... '..1' , 01.\ JUl 28 f\rl 8 '''\8 Prepared By: Accredi tad Home Lenders, :J:nc. A Ca1ifornia Corporation 15090 Avenue of science ~an Diego, CA 92128 Return To: Accredited Home Lenders, :J:nc. A Cal.ifornia Corporation 16550 West Bernardo Dr, Bldg 1 San Diego, CA 92127-1870 Parcel Number: 46-18-1394-086 [Sp'ac:e Above This Line For Recording Data) MORTGAGE MIN 1001.76104062226051. DEFINITIONS Words used in multiple sections of this document are dermed below and other words are defined in Sections 3, 11. 13, 18, 20 and 21. Certain rules-xeg~ng the usage of wor.ds used in this docUment are also provided in Section 16. (A) "Security Instnmtent'l means this document, which is dated July 1, 2004 together with all Riders to ~ ~ (B) "I\onOWel" ;s DOUGLl\S ~ AND CRYSTAL L. BE'FIIER Borrower is the mortgagor under this Security Instrument. (C) llMERS'1 is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors ap.d assigns. MERS is "the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaw address and telephone number of P.O. Box 2026, Flint MI48501-2026. tel. (888) 679-MERS 0406222605 PENNSYLVANIA _ Single Family _ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS .. -6A{PA) (02021 . Pagel 0116 Inida1s:~O 'L- 'IMP MORTGAGE FORMS 0 (8001521-7291 -: ,-; -.. m{ 1 8 7 5 PG 0 2 2 \