Loading...
HomeMy WebLinkAbout06-5380By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station -Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. vs. PATRICIA J. REED CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. d (~ -- S~3 ~d PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against PATRICIA J. REED ,Defendant(s) in accordance with the Court's Order dated ~L Imo. Assess Plaintiff s damages against PATRICIA J. REED as follows: As set forth in the Order $95,651.70 Interest - $2,880.08 TOTAL $98,531.78 DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ 3 t ~.aU 7 PR PROT 139984 ~I~s# f3RR9~ WASHINGTON MUTUAL BANK, IN THE COURT OF COMMON PLEAS OF F.A., :CUMBERLAND COUNTY,. PENNSYLVANIA PLAINTIFF V. PATRICIA J. REED, DEFENDANT 06-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of February, 2007,- the motion of plaintiff for summary judgment, IS GRANTED. An in rem judgment is entered in favor of plaintiff and against defendant, Patricia J. Reed, for $95,651.70 plus interest from September 12, 2006, at the rate of $19.46 per diem and costs. ~ . By the Cou .- _. ~ .. ' Edgar B. Bayley; J. ~~. Jenine R. Davey, Esquire For Plaintiff ~ Frank E. Yourick, Jr., Esquire For Defendant :sal PHELAN HALLINAN AND SCHMIEG, LLP - By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. PATRICIA J. REED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . N0.0~5380 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PATRICIA J. REED is over 18 years of age and resides at , 22 CORNELL DRIVE, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~~ ~-- Q ~~ G --J ~. i .rw v ~. .~. q .~. i ~~ w«`.•` ..~ ~._ ~.~y ~. ~,{ =~~ ~~, 74:-;=g l"., .~ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. PATRICIA J. REED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 0~9-5380 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 1~ 200 ~! By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 139984 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. . No. Ot9-'~80 CIVIL TERM PATRICIA J. REED Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 9/12/06 to 2/6/07 Interest from 2/6/07 to JUNE 13, 2007 (per diem -$16.20) $95,651.70 $2,880.08 $2,057.40 and Costs TOTAL $100,589.18 ~~ c DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 139984 0 ~ Q V1 ~ ~ 'd ~ W a~ Z A V O W ~ W es,, o ~a ~ ~ O OH H ~ ~ ~ w~ 0o ~ > ~ ~ ~ o ~~ z o .~ w 0 w ~ Oa ~~ ~ ~ a U ~ W ~"` ~ ~ a ~U ~ i"'t..d i---- $~~ ~` - c""°1 .- ~ l 4 _ -- `_.: - C''~ : ~ ~~ a ~ i .- 5_`- i ... ]- ~~ Y ~ ~ ~ t < Lr.»1 J ~~~ V V ~ ~ ~ ~~ M ~Y ~•, `~-, ~v w w ~° a L ~'?' ~ O r '~ U W a w 0 N N d ~, ~~~ r\~^'j V i -t .~ _J ~E~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5380 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From PATRICIA J. REED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $95,651.70 L.L. $.50 Interest FROM 2/6/07 TO 6/13/07 (PER DIEM - $16.20) - $2,057.40 AND COSTS Atty's Comm Atty Paid $122.32 Plaintiff Paid Due Prothy $1.00 Other Costs Date: MARCH 13, 2007 (Seal) REQUESTING PARTY: Curt' .Long, Pro ota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (i30) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on "Part of Plan No. 2, Cedar Cliff Manor", said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid Plan. BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton and William W. Hampton, unmarried person, by their deed dated December 15, 1998 and recorded January 12, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 13-23-0547-483 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Patricia J. Reed, a single woman, by Deed from Bottaro Construction Company, a Pennsylvania Corporation, dated 02/24!2000, recorded 02/29/2000, in Deed Book 216, page 890. PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. PATRICIA J. REED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05380 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff =~ ~=? "~> _ r_~ 3 _,..' f ~ km _ 5 t~ ,~.~ 1 r .`t 1 C.s.~ _ ~ j. ~i ._. w ~~ ...{,~ r WASHINGTON MUTUAL BANK, F.A. . Plaintiff, v. PATRICIA J. REED Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.00~-5380 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,22 CORNELL DRIVE, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name PATRICIA J. REED Last Known Address (if address cannot be reasonably ascertained, please indicate) 22 CORNELL DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 22 CORNELL DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8.2007 DATE DANIEL G. SCHMIEG SQUIRE Attorney for Plaintiff r~ --= L" - ; , ~:_~ r~ .~.~ ..-- Y ;. -- ~} j { ...~ t y r ~\ i WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. PATRICIA J. REED Defendant(s). . CUMBERLAND COUNTY . No. 05380 CIVIL TERM March 8, 2007 TO: PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 22 CORNELL DRIVE, CAMP HILL, PA 17011~is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98.531.78 obtained by WA5HINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS 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: (Z15) 563-7000. 2. You may be able to stop the sale by f ling a petition asking the Court to strike or open the judgment, if the judgment was improperly entezed. 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 ~2I SZ563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 s ~- DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. I1 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on "Part of Plan No. 2, Cedar Cliff Manor", said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid Plan. .BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton and William W. Hampton, unmarried person, by their deed dated December 15, 1998 and recorded January 12,1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 13-23-0547-483 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Patricia J. Reed, a single woman, by Deed from Bottaro Construction Company, a Pennsylvania Corporation, dated 02/24/2000, recorded 02/29/2000, in Deed Book 216, page 890. ~°7 ~ _- ~ ~:~ ~3 -~r-1 ~ ~ ---t c~J i ~~ 1N ~ „ "` . . f {_ ` t T"2 ~~ -s ~~ N PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 139984 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v. PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o` --s~~~ ~~ ~~~~L ~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 139984 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 139984 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA J. REED 22 CORNELL DRNE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/17/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1704, Page: 243. By Assignment of Mortgage recorded 5/14/2001 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOMESIDE LENDING, INC. which Assignment is recorded in Mortgage Book No. 674, Page 761. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 139984 The following amounts are due on the mortgage: Principal Balance $90,183.17 Interest 3,210.90 04/01/2006 through 09/12/2006 (Per Diem $19.46) Attorney's Fees 1,250.00 Cumulative Late Charges 80.88 04/17/2001 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 95,274.95 Escrow Credit 0.00 Deficit 376.75 Subtotal 376.75 TOTAL $ 95,651.70 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $95,651.70, together with interest from 09/12/2006 at the rate of $19.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ALLINAN & SC MIEG, LLP ~~ ~~ By: / rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139984 ~ , LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence Southwestwardly along Cornell Drive seventy (70) feet to a point; thence Northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on 'Part of Plan No. 2, Cedar Cliff Manor', said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. BEING the same premises which Bottaro Construction Company, a PA corporation, by Deed dated 02/24/00 and recorded 02/29/00 in Cumberland County Record Book 216, Page 890, granted and conveyed unto Patricia J. Reed, single woman, in fee. File #: 139984 ~ ~ ~.. FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/ ~-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ ~ ~ ~ - ~- . ~_~ _ ~ ~ ._ , ~~ z ~ W ~ _~ ~ - -.... ~ ~. `--~ ~ ~Cv1 . '' c~.-,~. w 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION Plaintiff Case No.: 06-5380 Civil Term vs. PATRICIA J. REED, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. 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 $4,300.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiffls 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. Yourick, r. Esquire 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. 1024(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. Frank E. YouricY~JJr., Esq~fire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 2nd day of October, 2006, I served a copy of the Answer to Plaintiff s Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, P 19103-1814 Frank E. Youric , r., Esq Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 ~~ ~~ CZ ~ -n C_ ; cr ,...~ ~ -~s ,~ ~°'t C ~'~ C"1 ~' .r t ~,n i ~'. YY; V ,1 ~ y .. ~.~? ~:_ ~3 t'om' :=4 -.. ( ~ SHERIFF'S RETURN - REGULAR CASE N0: 2006-05380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS REED PATRICIA J WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE REED PATRICIA J the DEFENDANT at 2017:00 HOURS, on the 25th day of September, 2006 at 22 CORNELL DRIVE CAMP HILL, PA 17011 PATRICIA REED was served upon by handing to 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 18.00 12.32 .00 10.00 .00 40.32/ ,~ fo~~6G c~, Sworn and Subscibed to before me this day So Answers: ,~iii~.et.~ ~~.I R. Thomas Kline ;~// 09/27/2006 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A.D. i PHELAN HALLINAN & SCHMIEG, LLl' By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215563-7000 Washington Mutual Bank, F.A. 11200 West Parkland Ave. Milwaukee, WI 53224 Plaintiff vs. Patricia J. Reed 22 Cornell llrive Camp Hill, PA 17011 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-5380-CIVIL TERM Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rani judgment in this mortgage foreclosure action. 3. Defendant has admitted that the mortgage is in arrears in paragraph two (2) of her Answer. Therefore, summary judgment is appropriate as is further addressed in Plaintiff's attached Brief. 4. Pennsylvania Rule of Civil Procedure (029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 5. Defendant, Patricia J. Reed, has Tiled an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 6. In her Answer, Defendant failed to deny the default, amounts due, mortgage and Plaintiff's compliance with Act 6 of 1974 and Act 91 of 198 ;, therefore she is deemed to have admitted all allegations of Plaintiff s Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, ti , respectively. 7. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 8. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1704, Page 243, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A 1. 9. By Assignment of Mortgage recorded May l4, 2001, the Mortgage was assigned to Mortgage Electronic Registration Systems, Inc., As Nominee For Homeside Lending, lnc., which Assignment is recorded in Assignment of Mortgage Book No. 674, Page 761. A true and correct copy of the Assignment to Mortgage Electronic Registration Systems, Inc., As Nominee For Homeside Lending, Inc. is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 10. By Assignment of Mortgage recorded November 14, 2006, the Mortgage was assigned to Washington Mutual Bank, F.A., which Assignment is recorded in Assignment of Mortgage Book No. 0732, Page 0175. A true and correct copy of the Assignment to Washington Mutual Bank, F.A. is attached hereto, incorporated herein by reference, and marked as Exhibit A3. 11. The Mortgage is due for the May 1, 2006 payment, a period in excess of eight (8) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 12. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 13. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit- ,` counseling agency in accordance with Plaintiffs ~ti~ritten notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit E. 14. In her Answer, Defendant has alleged that the amount necessary to cure the arrears is $4,300.00, which should be paid within ninety (90) days. Defendant is incorrect and has produced no proof in support of her allegations. 15. Plaintiff provided Defendant with a reinstatement quote and a payoff figure on October 10, 2006, but Defendant has failed to cure her arrears and / or payoff her loan. The amount necessary to bring the Mortgage current through October 27, 2006 vti as $7,236.25. True and correct copies of Plaintiffs reinstatement quote and payoff figure are attached hereto, made part hereof, and marked as Exhibit F. 16. Defendant's allegations are not a defense to the foreclosure action. Defendant has the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. 17. Plaintiff submits that its request R~r attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. WHEREFORE, Plaintiff respectfully requests that an in rim judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. fully submitted, N HALLINAN & SCHMIEG, LLP Att rney for Plaintiff EXHIBIT A R P „Qr~~rr. CQi~va C~~ T4 BE A4RE18 AND C~('IFt=~ UMti~' L,L, ~~~ ,~. 1 .1 /~L. ~i '{~) ~ ~ l lMer'~7ttrttfjthat ts.wr,,,am,.ect ctq of the JrJyln sMttu'Jrcobf n ~ C Mtl h J~ of tw.1 t 1 State ate Oay o1 a1 u+t s TltlrMrY~t 5rq„RW+ ?~--~----r.. 1 Preparlxl aye Kevin G. Abernethy Return 7'0: Cardinai Financial Company, Ltd. Partnership 355 East Street Road, Trevose, PA 19053 Parcel Number: 13-23-0547-483 iSpoce Alwre 7Tls Una For nccordlnR JMalai MORTGAGE DGFINITION9 Words used in multiple sections of this document arc defined be43w and other words are detincd in Sections 3, ll, l3, 133, 20 and 2l. Cenain rules regarding the us~tgc of words used in this document are ~ also provided h1 Section 1 G. (A) "Security Instrument" means thisdocwnent, which is dated . Apri 1 1], 2001 , together with ail Riders to Jhis document. ts) "iSarru~YCr" is Patricia J. Reed HtJrrower i; thu moUgagot under this Security Instrument. tC)"Lcndet"'is Cardinal Financial Company, l.td. Partnership L-ndcrisrt Limited Partnership 30-000514 PENWSYLVANJA • Singta Family - Fanntb Maolfreddle Mac UNIFpflM 1tJSTRUMENT •9tPAl loooet oro. , Rr ,e Mw+alcq I,mu+s ~Jf- ro ~ ~~ VMP N011TGAGfi FOMRS . I WOIf71.7791 Form 3439 1101 organized and cxisiing under the laws of the Commonwealth of Pennsylvania I.cnc'^r's address is 355 Fast Street Road, Trevose, PA 19053 Lcndcr is tyre nrongagrc under this Security Ittstrutnent. (!)) "Nolc" rt¢ans tltc promissory note signed by Borrower acrd doted Apri I I7, Z001 '[1teNwestatestlnnBorrowcrowcsLcndcrN'inety FivB Thousand Five Hundred and no/ 100 Dollars (U.S. S95, 500.00 )plus interest, Bormwcr has promised to pay dris debt in rcguly Pcriod)c Payments and to pny the debt in full not later than i3dy l , 2031 (E) "E'ropcrty" means the property that is described below under me heading "'I'ransfcr of Rfgitis in the Progeny.' (1~ "Court" mcatts the debt evidenced by the Note, plus interest, any pr~paytm:m charges and trtc charges due under rite Note, and all sums due under this Security instrumenr, plus interest. (G) "Riders" means all Riders to this Security Insrrumcnt that arc executed by Borrower. 't11c following Ridt:rs are to tx executed by Bnt7owcr (check box as applicable!: ^ Adjustable Rate Rider [^ Condominium Rider Second Flame itidcr 0 Balloon Rider Planned Unit Devclgpn+rrtt Rider ~ i<t Fancily Rider U VA Rider ~ Biweekly Payment Rider ~ Other(s) (specify) Timely Retaards Oq "Appltcuble Lu1r" means all controlling applicable fedrral. state and local st;dutes, reglilniats, ordituvtces qnd xlminisiratlve ntles attd orders (th;u have the effect of iawj as well w al! applicable final, non-apprafablc judicial ophtians. (I) "Community Associallgn goes, Fees, and Assessmcnis" ntnans all dues, fees, asscssntcnts vtd other charges that arc imposed on Borrower qr the Properly by a condoutiniutn association, hotneowncrs tusociadon or similar organisation. (J) "Csicctronic Funds 'frnncfcr" ntcans any transi'cr of (nods, odu:r than a trmsaction originated by check, draft, or simihu paper instrument, which is initiate) through art electronic terminal, telephonic iasirumen[, comphter, or magnetic tape so as ro order, btstruct, or authnri2c a linnnciai institutign to debit or credit nn aceount. Such teen includes, bu! is not limited to, point-oFsnlc transfers, au~o~a;ud tcllr:r machine transactions, transfers initiated by tclepl+une, wire traas(crs, and automated dcarir..uousc transfers. (K) "Escrgw !tans" ntcans those items that arc ticscriix~tl in Section ]. (L) "111iscelGutants Nrocceds" means amy compcnsnion, sculetncnt, awed of damages, or procculs paid by any third party (other than insuratlce proceeds pail under the covcrrgcs described in Section 5) fns; (i) damage to, or destruction of, the Property; (ii) condcmnatioe or odter inking of all nr any part of the Property; (iii) conveyance in lieu a! eondernnation; or (iv) misrepresentations of, or outissu.~c as to, rhr value audlor condition of the Ptopc, ry. (M14) "Atortgnge incurnnce" nteatts insurance protecring Lender against the nonpaynxut qf, :.r default un, the Loan. !N) "Prrlodtc ihrymcnt" means dtc regularly schrdulul arnoam due fur (i) pritx;ip;d and interest under the Note, plus (ii) any amounts under Suction 3 of this Security lnstntmrtn. 30-00051.4 /n~ i~•IIYI'. 1` .~ -6tPAi toaoar coo.: ~„a T Forrn 3039 1101 ALL T[iA'i' C'GR'i',UN lot of land simale in the Township of Lo+~ar Allen, County of Cumberland and Stale of Pennsylvania, more particularly bounded and described as follows: BEGINNING al a point on the nortlswcst line of Cornell Drive, said poinE being 3oCatcd seven ltundred filly-three and two onc•hundredths (?53.02) feet, more or less, mcasarcd soutitwesnvardly srlong the said line frvm the narthwcst contcr of Contcll Drive and Center llrivc al the division line of Lots Ho. 11 & 12 on said plan; thence Southwcshvarrlly alarg Cornell Drive seventy (70) fete to a pvint thence Nnrtlnvcstwnrdly at right angle; with Cornell Drive turd along the liac of Lot Ma. 13 on the hcreinallcr mentioned plan, one hundred thirty (13U) feet to a point; thence notihcastwardly along lands now or formerly of ~'V.1~. Kciscr, Jr, and wife, and parallel wills Contcll Drive seventy (70) fi:ct to a point; thwtce southc:rsavardly at right angles and alonfi line of Lot Vo. 1 I on said 1'iaa, on ltundred thirty (130) feel to the place of BP.CitN'i ITNG. Bl;[NC l.ot No, 12 as shown on "Part of Plan No. 2, Cedar CliiT Manor", said Plan Bciug recorded in Cumberland County Recorder's Office in Alan Book 7, Page 13. CiAV1NC thereon erected premises No. 22 Cortr:;l Drive, Cartsp }fill, Pennsylvania. HI~ING the same premises tvttich Dottaro Catstnsction Company, a PA eogauration, by Decd dated 02l2A/00 and recorded 02/:29/UO i» Cuntbcrlmtd County Record Book 21 G, Page 890, grmried and canvcycd unto Patricia J. Itccd, single woman, in fcc. Parcci No: 13-23.11547-383 Accut'stcy of ttCit'8~'C eU111CI1t 51LL{IIOI'square footage nut guaranteed. BOttROWER COVENANTS that Borrower is lawfully scisctl of the cstme bercby conveyed and has the right to utorlgage, grant and convey Ibe Property ;md that the Properly is wtcncumbcrul, except for tncumbrancca of rcmrd. ISorrowcr warrants and will defend grner+lly the title to Ure 1'ropcttv against all claittu and demands, subjxt to any encumbrmtccs of record. TH[S SECURITY INSTftUMGNT combines uniform coven;arts for national use mrd non•unifutm covenants with limped v.~rial)ons by jurisdiction to constiattc a ttnifonq sccuriq• instrument covering real proiurty. UN1POItM COVENANTS. Banowcr and Lender covenant and agree as follows; 1, Pnynrent of Principal, Interest, Fscroty (tuns, 1're~r;ngegl Charges, imd I,nle Chur-ges. Borrower shall pay when due dtc principal of, nqd interest on, dtc debt evidenced by the Notc and mty prcpaynwnt charges and late charges due under die Note. Borrower shalt also pay funds for Escrow laths pursuant to SCCtion 3. Paymants due under the Notu ant! tl+is Security Instrument shall be utade in U.S. CIIITCI$y. linwever, If any check or other instruutent received by i~nder :u paymmu under the Nom nr this Security lnstrumcnt is returned to Larder unpaid, l..t:ndcr may ayuirc that rosy ar all subs<•yucgt payments due under Ilse Note anti this Security Insirumcnt be nmde in one or more of the fultowing forms, us stiecttd by Lender: (a) cash; (b) rnoney order: (c) certified cltcck, bank clttxk, trcuuar's check or cuhicr's check, provided any such rxtec3: is tlrnwn upon as inuiutian whose deposits arc inxurcd by a faferal agettey, Instrnmcntality, or entity; or (a) I:Jtrtronie Tunds Transfer. Payments are deemed received by Lender when received at the location designated in dtc Note or at such other location :ts nwy be designalcd L)' Lender in rrccardance with the entice provisions m Section 15. Lender may rcturrt any payment or partial paytrtert if the payment nr partial payments arc ictsufficiem to bring the Loan cuITem, Lmxler may accept any payment or partial payment insuffcictrt to bring the Lome current, whhoul waiver of ;my riglris hereunder ar prejudice to its rights to refuse such payment or partial payments in ilre future, but !.ender is not obligated to apply such payments at the time such payments arc acceptai. If each Periodic Payntcnt is applied as of its sulittluled due date, than Lender nmd not pay intcrest an utu~pplicit fnrxfs, l.crtdcr tray hold such unappliul funds until Bonoa•tt utakcs paymcm to bring the Lome current. {f HaITOwur does not dta sa within a rcasonaltlc period of lime, I.endcr shall either apply such funds or return them to 3otmwer. If not applied earlier, such funds will be applied to the outstanding principal balmtcc under the Nate itmnedintdy prior to foreclosure. Na aflset ur claim tehic4 tiorrowcr might have now or to the (afore against Lctxlcr shall relieve Botttntcr from making paymens dot under the Note and this Scattily tnurvment or pcrfonning +Jsc covenants :md agreentems sccurul ay this Security lnstrumrnt. 2. Application of Puynrents ar f'roceerls. Gxeept as adierwise described in this Section 2, all )rnymtgts acccpad mid applied by LenJcr shag he applied In tY^ 1'oliowing order of priority: (a) inarest due under the Notc; (b) prirtt:ipal due under Ili: Note: (c) amounts due under Section 1. Such payments stud( be applied to earh Periodic Payment in the order in which it became dua. Any remaining amounts shall be applied first to laic charges, sc^ond la arty other amounts due under this Security tn-i~tmcnt, and then to reduce the principal balance of the Notc. 1f Lender receives a payment from Borrower for a dclinyuem ?eriodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to tier ddinyuem paymem and the tote charge. U more than one 1'criothc Pnyrnent is outstanding, !.ender may apply any payment received frmn Borrower to the ropaymem of the Periodic Paymcats if. and :o the extern that, each p;ryment can tx: 30-000514 -G1PAl +ooato Pepo ~ o+ to T~ Form 3639 1101 m paid in full, To the extent tlsa[ any cxcevs exists af~cr the payment is xppiied to tltc full payment of one or more Periodic Payments, s++ch excess may he applied to any late clurges due. Volwua+y prepayments shall be applird first to any prepayment charges tmd then :u dtxcribcd bt the Nat+,. Any application of payments, Msurance proccads, or Misccllancous Proceeds to principal due under the Natc shall not extend nr postpone the due date, ur change the amount, of the Periodic Paymens. 3. FunrH Por Cscroly Ncros. Rorrowcr shall pay to Lender un the day Periodic Payments :uc dac under the Notc, umtil the Nutc is paid in full, n sutra phc "Funds") to provide for payment of amounts due for: (a) taxes and asstwsments and other items which can attain priority over this Security )nstrumcnt as a lirn or encumbrance on the Property; (b) tulscltold payments or ground reins on the Property, if arty; (c) premiums for any and all insurnnce requircYl by Lender under S<.rotion 5; and (d) Mortgage huurm+ce prcmiutns, if :uy, or any sums pnyabtc by forrowcr to firodcr in lieu of the paymcm of Mortgage )nsuranee premiums in accordance with the provisions of Section lU. Tluse items are called "Escrow Items." At origination or at any tune during the term of the loan, Lcndcr may rcquiro that Community Association Dues, Fees, :uul Assessments, if mry, be escrowed by Borrower, and such dut•s, fece and assexsments shall be an C•serow Item. Rorrowcr shall promptly furnish to Lender all notices of amtuuns tc I>c paid under this Section. Ilorrowet shall pay Lcttdcr dte Funds fur Escrow Items unless Lender waives Durrower's obligation to pay the i~unds for :u+y or all L•scrow Items. lmtdcr may waive Borrower's obligation to pay w Lcttdcr Bundy for mty or all Cscrow hcnu at any tints, Any such waiver +nay only be in writing. to the event of such waiver, Rorrowet shall pay directly, when and where payable, the amounts due for m+y Escrow Items for which pnytnctu of Funds hoc been waived by Lcndcr raft!, if Lender rcyuires, shall furnish to Ga+dcr receipts evidencing such ptsytttent within such time period as Lutder may require. Borrower's obligation to stake such paymtens mtd to provide receipts shall fur all purposes be decntetl to be a covenant and agroetment cromaitted In this Security lnstrumcnt, :u the phrase 'covenam and agrccmcnt` is used in Seaton 9. if Rorrowcr is obligwed ro pay >?sc+row Leos direcgy, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow (tem, lender may exercise its riglus under Station 9 and pay such amount m+d Rorrowcr shall then be obligated urxlrr Section 9 to n~ray to Lcndcr mty such amount. Lender may revoke the waiver as to arty or all Escrow 1;ems at auy time by a notice given in ntaordmwc with Section IS and, upon such revocation, Roaowcr shall pay Io Lender :dI Funds, and in sucl+ asnowus, that are shun required under this Section 3. Lender may, at any tln+c, coBcct and hold Funds in an amount ter) sufficicnl to permit Le»dcr to apply the funds at the time specified under R(iSPA, and (b) nor to exceed the maxAntnn amount ~ lender can require under RI:SPA. Lcndcr shall cstimatc dtc amount of Funds Jue on the basis of current data and reasunab;c cstitnates of expenditures of future Gsermv !terns or otherwise in accordvtcc with Applicable lzw. The Funds sttaU tx: held in an institution whow deposits are insured by a federal :+gency, i+uttumcntality, or entity (including Ltnx(cr, i(Lcndcr is art institut!•~n whose depositsrrc so insutt:d) err in any Federal Horne Loan Rmrk, Lcndcr shall apply the Funds to pay dtit (.crow hens na later than +hc time specified under RESPA, !.ender shalt not charge Borrower for holding and apptyiag rite funds, annually analyring the escrow account, or verifying the C•scrnw hems, unlcst Lender pays Rorrowcr imcresl on dte Funds and Applleablc Law permits lender to snake such a charge. Umlcss an agreatncn[ is made in writing ur Applicable [aw requires interest to I>C paid nn dte Ponds, ).ender s11a1! not be required to pay Rorrowcr any interest or earnings or+ the Purxls. Rorrowcr sad !.ender can agree in writing, however, drrt interest so-ooo~ia ~~; r M.yWY ®•OtpAl+oooe+ a"ins,++c ~^ Form3o39 1101 m / S payment of any ftxs unposed by the Federal Emergency Managcsncut Agency in connection with fire review of any flood wnc dctcrminatian resulting from an aUjection Pay Borrower. If there is n surplus of Funds bold in escrow, as defittCtf under liESPA, Lentlcr shall acrounr to Borrower for the excess funds in ;tccardance with RESPA. !f there is n shortage of Funds held in escrow, as deflttcd under 12F.SPA, !„t:ndcr shall notify llorrnwcr as requiral by RESPA, and Borcower ,hall pay to Lender the alriaunt necessary to ntnke up the shortage in accordance with RESPA, but !n no more thtm 12 monthly paymunta. If there is a dencicncy of Funds hcW in escrow, ac dctincd under Rl"sSPA, Leader shall notify [iorrower t+s inquired by RESPA, turd Iorrower shall pay to Lender the amount necessary to make up the deficiency in ucordance with RESPA, Uut in nu more than 12 tnontlrly paymenu. Upon payment in full of all sums secured by this Security Insttvmcnt, Lender shall promptly refund to Borrower any Funds herd by Leader. J. Charges; Lletu. Borrower shall pay all taxes, assessmen[s, eltargos, fines, ;utd impositions attributable to the Pmprrly which can ;+ttaln priority over this Security [nstruntettt, leasehold payments or ground reins on the Property, if any, and Community Associmiun Ducs, Ftxs, and Asscssntents, if any. Tn the Cxtcnt that Ihcse items arc Cscrow hems, !lorcowcr shnN pay iltem in the mstrmc.•r provided in Section 3. Darrowcr shall promptly discharge any lien tvhlcilt has priority over this 5uttriry Instrument unless IIorrower: {a) agrees in writing to the pnymem of the obligation secured try the lien in a rstartncr acceptable to Lcndcr, but oniy so iorrg as Borcnwcr is perfortt:ing such agrccntent: (b) contests tltc lien in good faith by, ar defends against enfoincmcnl of dtt: lice in, legal pracecdings which in Lender's opinion operate to prevt:nt the enforcement of the lien while tlwsc proccedinga arc pending, bu[ Doty until such proceedings arc Concluded; or (c) secures from the holder of the lien an agret~tr+r.~tt satisfactory la finder subordinating rho Lien to this Sccurhy Instrument. if Lender dctennittts that arty Fart of the Propcny is subject to a lien which rnn attain priority over this Security lnatroment, Lentkr may give BorraaMr a rwticc identifying the Tien. Within ]0 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Sectien A. Lender may require Borrower to pay a onc•ti+nc dtargc for a real cseatc tax verification andlar reporting service used by Lender in conncctlon with this Lonn. 5. Properly ittsurnncn. Borrower shall keep Ibe improvctncnts noty existing ur hcrc:.ficr created an the Property insured against loss by fire, hazards included within dte term 'extendtctl coverage," and any other ha'rards including, but not limited ta, earthquakes and Aoads, for which Lender requires insurance. This lnsurancu sl+nll be tnaintaincd in dtc amounts (including dcductit>le {coals) and for the periods that Lcndcr requires. \vhat Lender requires purstiurt to the preceding tetttcnccs eau change during the teen of the L.uan. Tht; htsurtnce currier providing the insurance shall he ~bosen by Barrotver subject to header's right to disapprove Borrower's choice, which right shall not be excrciscti unrrtsonably. Lender may reyuirc Borcower to pay, in connection tvith this Loan, either: (a) a one-time cl+azgc (or (loud ~.onc dctemtination, ccrtiGcation and tracking scn•ices; or (b) a one•tim^. charge for Bood zone dcterminalian and cenificntion services aad subsequent charges cacti limo r+emappings or similar changes occur whic)t rcasonabl• mi ht nt7crt such detcrminatiou or ccnlfication. S3orrowcr shat{ also he responsiblc for the shall be pnid on t)se Funds, Lender shall give to Borrower, without charge, an amoral accounting of d+c Fwsds as required Uy RIsS1'A, 30-000514 (~ •8tPA) ~oxa ~M,a~,: f'~ rN;.ow is Form 3039 1/Ot if Bornnvcr faits to tnaintain any of the covcragGS descritxd above, Lcrder may obtain insurance coverage, at L.cndcr's option anJ Dorrowcr's expense. Lertder is under no obligation to purchase :my particular type nr amount of coverage. Therefore, such coverage shatl cuvt7 Lcttdcr, but tniglu or [night trot protect 1orrower, Borrower's equity in tha Property, or the contents of the Property, against any risk, htrutrct or Nubility and might provldc grrttcr or lesser coverage Otan was previously (n effect. Borrower neknowtcdgrs that the cost of the insunrtee covrragc so obtaincJ might significantly exceed the cost of insurance that Borrower could have obtaincJ. Any antoums Disbursed by Lcndcr under this Section 5 abaD become additional debt of Borrower secured by this Security Itutruntent. These anwunts shall bear intcrest to the Nate talc frmn the date of disburscmrnt and shall br payable, with such intcrest, upon notice from L.cntlrr to Borrower rrqucsliug payment. All insurtnee policiu required by Lender nnJ renewals of such policies shall Lte subject to L.etuler's right to disapprove such policies, shall include a stanJard mongagr clause, anJ shall name Lender :rs nwngag~•e atxilot as mt tulJitiwral loss payer. Lcndrr shalt hsrvc nc~ right to hold the 1talicics :utd renewal rxnificatrs. if LenJcr rcyuircs, Dorrowrr shalt promptly give to Lender all receipts of pnid premiums and rettcwal notices. if Dorrowrr obtains nny form of insur:urcc eoveragc, oat otherwise required by !.coder, for damage to, or destruction o(, the Propeny, such Ixdicy shall btclude n standarJ mongagr clause and shall Hanle Lender as mongugee and/ur as an additional loss payee. In the event of loss, Dotaowrr stuilJ give prornpt notice to the insurance carrier anJ Lender, l.emler may make proof of loss if trot made promptly by Dorrowrr. Unless J.cndcr art[! Dorrowrr otbenvise agree in writing, mty insurance proceeds, wlrcthcr or not the underlying insurantt was required by L.cmicr, shelf be applied to rextoradun or rrpnir of rite Propeny, if rhr restomtion or repair is crnmm~ically fr,•~.ible and hnJer's security is not lusrrtcd. During such repair and restoration peHorl, !.ender sha!! have the right to ho1J such insurance prottcds until Lender has hnd an opportunity to inslx'rt such Propeny to ensure the work has been camplcterl in Lender's satisfacllon, provided that sec![ inspection shalt be undertaken prornptty. Lender racy disburse proceeds for the repairs astJ restorttion in a single paynrent or in a series of progress payments as the work is completed. Unless an agreement is mule in welting or Applicable Law requires intcrcst to be pail on such insurance proceeds, I,enJcr shall nor he required to pay Burrower any intcrest or earnings on such pmcculs. Fees (or public :uljusters, or other third panics, retained by Borrower shall not be pnid out of the irtsurnnce proceeds arui shalt Ire the sole obligation of Borrower. Jf the restoration or repair is nrn economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by Otis Security instntml:nt, [vhcthet or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in $CCtlUtt Z. if Bumtwcr abandom the Propeny, Lander may file, ncgoUate and settle any available in~urancc claim atd rclutaJ rootlets. If borrower does not reslxtrxl within 3U days to a notice from Lender that the insurance carrier has offered to scttlo a claim, [ben Linder may nrgatiatc and settle the claim. 77tc .l0-day period will begin when the notice is given. In either event, ur if Lrrtder acquires the Propeny under Scetiott 22 or otherwise, Dorrowrr hereby assigns ro Lender (a) Derrower's rights to nny insurv~cr proceeds in an amount cwt to exceed the amounts unpaid under Jtc Note or dtis Security htsttumcnt, and (b) any other of borrower's rights (other than the right to any refund of mtearncd premiums paid by Borrower} under all insurance policiu covering the Property, insofar as such rights arc applicable ro the coverage of qn: Propeny. Lender tray use the insurance proceeds either w repair ar rrstorc the propcny or to pay amounts unpaid under lw Note or this Security lnstntmrnt, whether ar no[ thin due. 30-000514 pp IM,,,1,~ 7 -`~" ®6(PA) roaaol r,ys ~ w i6 Form 3038 1101 G. Occupnncy. Borrower shall oa•upy, establish, and use dre Property as Borrower's principal residence within GU days af~er the execution of this Security lnstrumaa and shall continue to occupy the Prolxrty as Borrower's principal residence for at least one ycrr after the date Of occupancy, unless Leader udterwise agrees in writing, which wnxcnt shall oat be unrcasanabty widdtclu, or unless cstcnuating clrcutnstanps exist which are beyond Borrower's control. 7. Prtycrvntia»~ Afaintenunee and Protection of the I'rnperty; htspectfuns. DOrrowcr shall not destroy, damage or impair die Properly, allow die Properly to deteriorate or commit waste un the Property. Rnc~thcr or oat Donowcr is nsiding in tlzc Property, Borrower slta!! nrvntain the Property in order to prevent die Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S [hat repair rtr rtstoratiort is not economically feasible, Borrower shalt promptly repair nc~ Property if damaged to avoid tunhcr deterioration ar damage. If insuatrtce or condemnation pmeeetls are paid in connection with damage to, or the taking of, die Property, IIorrowcr shall be rcsponsiblc for repairing Or restoring the Proix7ty only if L.ertder has rclt~sed proceeds far wch purposes. Lender may disburse proceeds for the repairs and restoration in u single paymcm ar in a series of progrtss payrnems as rttc work is compla«t, Tf die insurance or condcmmation proceeds arc, not su((icicnt to rcpalr or restore dre Progeny, Borrower is not relieved of Borrower's ohligatian for the completion oC such repair or restorntion. Lcndcr or its agent may ntakc reasonable cntrirs upon and inspections of the Properly, 1f it h,1S reasonable cause, Louder may inspcn the hnerior Of the improvements On the I'roircny, Lctxlcr shall give BOrrotver nutiw at the time of or prior to sudr an lawrivr insptrsi0n specifying such reasonable cauu. 8. fwrrosvcr's Lunn Applinrtimr. Borrower shall be in default if, during the Loan appiicmion process, Burrower ur any persons or cmitics acting :a the dlrcction of Borrower or with I)orrowcr's kuowlcdgc or cunscnt gave mmeriaUy false, nrislcadhrg, or inxcurate iu(ornration or statemunls to Lender (or failed to proviJc Lender with material information) in conrcctian with the loan. Material reproSClllaligtl5 IlaaUde, but arc not limiud to, rcpr~scmations rntxcming Borro~.vcr's occupancy of the Property as Borrower's principal residence. !`. Protection of [.cndtr's Interest in the 1'ropcrty and !tights Under this Security Instrument. !f (a) Borrower fails to perform the cuvcnvtts and ngrcentents contained in this Security Inslntmcnt, {b) that: is a toga! proceeding that might significantly affect Lender's interest in the Propegy andlor riglus under thin Security lnstrrmrnt (such as a proceeding in bankruptcy, probate, for condemnation or forfeiwrc, fur enfonancnt of a Hen which may attain priority over this Security itutrumern or to enforce laws or rcgulntivns), er (c) borrower has abandoned the PrOprrty, then Lcndcr may ilo and pay ter wlratcver is rcasonaitlc or appropriate to protect [.cndcr's interest in the Property mid rights under this Security lnsttvment, including protecting anr)for assessing the value of the Property, mid securing and/or repairing the Prolxrty, Lender's actions can include, but arc not limited lo: (a) paying any suttts secured by a lien which has priority over this Security Instrvrncm: (b) appearing in court: and (y paying reasonable naomeys' fees to protect its interest in tlx Property andlor rights under this Sccnrity Instrument, including its securer! position 1R n bankruptcy proceeding. Securing rbe 1'ropeny includes, but is out limited to. entering the Property to make repnirs, change locks, replace or board up doors anti windows, drain water from piers, eliminate building or Other code violations or Jangertnu conditions, and have utilities turrteJ on or oft. A-tlwu>;h Lender may t:d:c action urxlcr this Section 9, Lender does not Iravc to do so and is nut under :my duly or obligntiar to do so. 11 is agreed than Lr:ndcr incurs no liability Cor oat taking any ar al! actions a9thorized urxier this Section 9. so-ooaSTa r~nui,:~r •Gtt+lt) tonosr r,n• a m tc form 3039 1101 a .4ny amounts JisUursc4 by Lundcr uttdcr this Section 9 stlall become additioiwl debt of {lurrower secured by this Security instrutncnt, 77resc amounts shn11 Dear imerest at the Notc rate from the d:rtc of distrursetnen! and stroll be payaU)c, with such interest, upon rwlice from Irntler to Itorrowcr rcqua¢ting payment. If this Scc:urity lnstturtxrn is on a leasehold, Borrower shall comply with nll the provisions of the (case. If Borrower acqulrcs fee title to the Property, the Icazehold and dtc Rx title shall not merge unless C.enJer agrees to the rncrgcr in wriling. 10. Mortgage Insttrnnce. If LCntlcr required Mortgage Insurance as a condition of making the Loan, [iorrower shalt pay the prcmiunts ra)uit+cd to rttainrain the Mortgage Insurance in effect. [f, for any reason, Ute Mortgage Insurance caictagc required by L.t:n4er cc.•ucs to be available from the mongage iruvrcr thin previously provide) such iruurancc and i?arrowcr waz required to make srparatdy designated paymcn[s toward tiro pmmitnns for Mortgage Insumncc, Iorrower shall pay the premiums require! to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cast subsranr.alty equivalent ro the cost to Qut'rower of the Mortgage Insurance previously in effect, from an aflcmatc rnongnge insurer s<aeeted try Lender. tf substanti:dly equivalent MonRage Insurance coverage is not available, Ijorrowcr shall cominuc to pay to Lender the amoum of the separately tlcsignatcd payments that were dot: when the insurance coverage eea5ed l0 Ix; 111 CffeM. Leader +v'lll accept, use and retain dtesc payments as anon-refundable loss reserve in lieu of Mortgage tnsurancc, Sud1 Toss reserve shall be notrrcfunJahlc, nniwithstrmding the tau that the Loan is uhinmtely paid in full, vrd Lcndcr shall not he require) to pay Borrower any interest or comings on such loss reserve. Lrauler can nu longer require loss rt~etve payments if Mortgage lnsurnnce coverage (in the amount and far the period plat Lender requires] provided by au insurer sclecteJ by Lender again Uecomes avaihble, is ahmined, and Lender requires scparntcly designated payments inward the prcrhiuots for Mungagc Inxurulcc, If Lender nquisrtl Mortgage Insurance: as a canJitton of utaking dn: laan and Dnrzowcr wav n;qufnd ro ntnkc separately deslguatcd pnymenu toward the premiums for Mortgage )nsurance, Borrower shall pay the promlunts required ro maintain Mottgagc insurnna in effect, or to provldc n rroa-refundable loss nsene, until Lerrdcr's requiremett for Mortgage Insurance eruls in ttccardance wilt any wriucn agrecrrrem betwrcn Ilnrrae'er and Lcndu plovid'+ng for such termination or until tcrntinatian is rcrpt)rM! by Applirnhic Law. Nothing in this Section l0 affects Borrower's oUligatlon to pay interest at die rrtc provided ut the Notc. Mungagc Insurance reimburses Letxier (or any entity that purchases the Nole) Cor curtain fosses it may incur if i3otrowcr does trot repay J1c Loan as agreed. Uurrowcr is nut a pony sa tltc Mortgage lnsurancc. Mongagc insurers cvaluwc dicir tmal risk on all such insurance in force from «mc to tirnc, :rod Wray enter into agreements with other panics that share or modify their risk, or reduce losses. Tttcsc agrccmcnts .arc nn terms and conditions drat an: satisfactory to the mongage insurer and the other party (or panics) to tlresc agreements. TTresc ngteenrems may require the mongage insurer ro make paymenu usins airy aourcc of funds chat Jtc mongage insurnr may have available (which Wray iruludc funds olnaincd from Mongagc lnsurancc premiums). As n result of these agrecnrcnts, LenJcr, any purclrascr of «tc Note, attodrer insurer, any rcinsurer, auy other emity, ur any affiliate of any of the forogaing, may receive (directly or indirectly) anwunts that derive from far might trc clraractcrizcd as) a portion of borrower's paynrcros far Mongagc Insurance, in exchange for sllariug or malifying the mongage insurer's risk, or relw:ing losses. if such agrcemem pravldcx that an affiliate of Lcndcr takes a stlarc nC the insurers risk in exchange Cor :r share of nc~ premiums paid to the insurer, the arrangement is often tertncJ 'captive rcinsurancc," Further; (a) Any such ngmements will nut affect the umounis tltul 1)arrower has ngrecvl to pay for hloriguge Insurnnce, or arty other terms of the Lom1. Suclr ugreetnarts will not inercnse the umaunt llorrot+•er wll! awe Cnr 117ortgugc lasurnnce, surd they will not entitle FSorrawcr to any refurtd. 30-0005]4 xyn.x:_ Ir1 L •BtPA) roooa~ r'n9. s "r ra '+ form 3039 1101 m (b) Arty such ngrccntcnts rvJll not uffsMt the rlshls Itotrawcr hats • if wry • with rtspcct to the h4ortgage tasurunce under the Horaeoleners I'nnectinn Act of 199g or arty other law. 'Chose rights mny include the right to recctva ccrtnln dJSClosures, to request and obtain cnnceUntlon aC the Mortgage Ltsunutce, to hove the hlortbagc lnsurnnce tcnnlnnled automutlcally, :urdfor to neeive u refund uC nny Murtsuge Eusun+nce prnnhrms thnt were unc~rncd nt the time of sudt rnncellation ar tcnulnutinn. I1. A,s[gnmcnt of Mlsccltancaos ProcecJs; Parfciturc. All Misccllartrnus Prceccds arc hereby assignM to and shall be paid ca hcndcc If the Property is damaged, such Miscellvtcous Proecctls shall be applicJ to restoration or repair o! the I'ropcny, if thr restoration or repair is economically fcasiMe and vendor's strruriry is nest lessened, During such repair and restoration 1>criod, l.ctxtar shall have rho right to holJ such Miscrlh+rtcrous Prrceeds until Lender has had an opponuniry to inspect such Property to ensure the work has trccn completed to Lrttdcr's saliafactian, provided that such inspection shalt be undcrtakcn promptly. Lender may pay fur ttte repairs an4 resrarrtion In a single disbursement or in a series of progress paymcdts as the work is camplercd. Unless an agnYmcnt is made in •.vriting or Applicah[e taw rumires Interest to be paid un such Miscellaneous Praeeels, Lender shat! nrt! bt: requirrd to pay Borrmver any intrrest ur earnings on such Miucllantrous Procccds. If the restoration or repair is nut cconosnia111y fallible or Ixnder's security would be Irxsened, the Mrscetlartcuus Proceeds shall tx applied to the sums second by this Sccuriry Instrument, whether or not then due, with the excess, if arty, pail to Borrower. Such Miccellatxrous Nrcx;ecds shall be applied in the orJer ptnvidtxl for in Scotian 2. In the event of u total taking, destruction, or loss in value of the Prapcny, tltc hlisccllancaus Procecyis shalt be applied to the sums secured by this Securhy tnstruntcnt. whctltcr ur rant then due, with the excess, if any, paid to Borrower. In the evc:,l o(a partial taking, tlestruclfon, ar loss in value of the Property fn which t7+c fair market value of the Property immediately befotc tfic partial hiking, dcshuction, or loss ht t;duc is equal to or greater than the amount of the sums secured by this Security Instr•~ment itnmediafety bc(on the partial taking, destruction, ar loss in value, unless Borrower and L.cndcr otherwise agree in writing, the sums secured by this Security Instrument shall IM reduced by the amount of the Miscellaneous PrttcecJs multiplied by the following fraction: (a) the total amount of the sums scented itnnudintely 1>Ltore the partial taklug, destruction, or foss in vnlue divideel by (bt the fair mazket value of the Protxny inuncdtatcly befotc the partial taking, destruction, ar loss in values Any balance shall be paid to Harrower. In rite event of a partial taking, destruction, or loss in value of the Pmpcny in which the fair nnrlet value of the Prolxrty imrtresliately hcfnre tha 1>.lrtial raking. deslNCtiau, or loss in value is less than tltc nmount of the sums secured immcUiatcly bcfare the pani'd talons, dc-stmction, or loss in value, unless Harrower acrd Leader othutwise agree In writing, rite Mluellarteous Procccds shalt be applied to the sums secured by this Security Instrument whether or not ehc sums an then due. if the Prapcny is abandoned by fiotrowcr, or iC, after notice by Lender to llorrowcr the+r the Opposing Parry (as dcfittcd in the next scmcnce) offers to make an aw:ud to uttlc a claim far damages. Burrower fails to respond to Lender within 30 Jays nftcr the date the naticc is givcu, 1,ertJcr is anthorizcd to col!¢ct and a,~ply the MiucOmtcous lrrocecds either to restoration or repair of the Property or to ate sutras secured by ehls Security Instrument, whether ar not then due. `Qplasing P:+rty' mr:+ns the third party that owes Borrower ivlismllnneous Procccds or the party against whom Borrower has a right of anion in resard to Miscellattcous Procccds. [tartower slt.•JJ be in deLtilr if any action ar proceeding, whetlscr civil or criminal, is be[lun that, in 1.cntlCr's judg[ncnt, Could rt•sult in torlailurc of the Praperiy or other material impainnehu of Lender's intemst in the Property ar rights under this Seemity lnstmment. Borrower can cure such a default and, if nccelcrmion has . ~urred, rcittsratc as pravidcd in Section 19, by causing the action ur proceeding to he 30-00051k ~•6tPAl roaoet .•.r. ~o,.~ ~o -V~ Fmm 3039 1101 m disntissctl with a ruling that, in Lcndrr's juJgmcnt, prccluJl~3 forfeiture of tttc 1'rupcny ar outer material impairment of Lcndcr's interest in the Propctty or riglus under this Security instrument. Thr prorctds of any award or claim for darnagts At»I arc auribulnblc to Urc impairment of G;ndcr's interest in Utc I'ropcny arc htrcby assigneJ and shall be paid to Lcodcr. Ail Mlscclbutcour Proceeds that arc net appUcd to rcstnndion nr repair of the !'ropcrty shall br appli+xl in rite nrdcr provided for in Section 2. 1Z. Harrower Nat ttcicaced; Forhmrnrrcn By Lender Nul :r 1Vnivrr. Gxtcns}on of rite time for payment or modification of tunottization of Ute sums scrttrcd by this Security InstrutneM granted by Lender to Borrower or any Stuccawr in [Merest of Borrower shall not operate w release the liahility oC liorrowcr or airy Successors in ]ntcrest of Bormwcr. Coulee shall oat be required to comtttcnca proceedings agairut any Successor is 1MCrest of Borrower or to refuse to extend time for payment or otherwise ntudify amortization of the sums secured by this Security 1nstNmr;nt by reason of any Jcmand mu1c by the original Borrowtr ur any Successors in Interest of Borrower. Any forbcarttuce by Lender in exercising any righ or remedy including, without limitat[on, l.cadcr's acccptanw of payments from third persons, entities or Successors in interest of Bnrrowcr or in atnoums lr,5s thmt the amount then Juc, shall nut be a waiver of or preclude the rxeroise o! any right or remedy. 13. Jalnt and Several Ltabllity; Co-signers; Snccrssurs and Assigns Buund. Bnrrowcr covenants and agrees that Borrower's obligations and liability s1uJ1 be}oim and several. Kowcvcr, any Borrower who cosigns this Security Instruntcnt but dots not execute the Note (a `eo-signcr')~ (a) is co-signing this Security Inrtrurnrni only [o rnongage, grant rtnJ convey the co-signer's interest in the Property under the terms of This Security instrument; (b) is not perso+tally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lerufcr nnJ any otkcr Borrower ran agree to extend, mortify, forbear or make any accommodations with regard to the terms of this Security instrument or rhr Note without tL•c m•signcr's consent. Subject co tht provisions of Section Ig, mty Successor in Interest of Borrower who assumes Borrower's obHgattons under this Srx;urity Instrument in writing, artd is approved by Lender, shall obtain :JI of Dorrower's rights trod benefits under Ibis Security Instrument. Borrower short not be released from Bortowa's obligations and liability under this Security tnslrutntnl unless Lender agrees to such repast in wrhlag. Tltt wvcnants :tad ngrcetncnts of this Security Instrumens shall bind (except as provided in Section 20) and bcntfit the successors anJ assigns of Leudcr. 14. Loon CI-arges. Lcndcr may dttvgc Boaowcr fees for services pcrforntcJ in connection with Borrower's default,-tor the purpose of protecting Lender's interest in the Properlyrnd rights under this Security htstrument, including, but not timitcd ta, aitomcys' ftcs, property inspection :md valuuian fits. !n rogatd to any other fees, the absence of exprtss autlwrfly in this Security 6tsttunnnt to charge a specific fee to Bnrrowcr shall cwt Ut: construed as a prohibition on tht charging of such fcc. [.ender pray not cltargc fees that arc expressly proitibhed by tills Security Instrument or by Applicabh L:+w. (f the Loarr ix subjcet to n law whidt sms maximum loan d+argrs, anJ that law is finally intrgmrxed so that tite Interst nr other loan charges collccred or to be collected in conneaion with the Wan extend the permitted limits, turn; (a) arty such loan charge shall be redueerl by Urc amount necessary to reduce the charge to the pcnnitled limit and (b) any swan slreatfy collcetcd tram Dennwcr which cxce;cdeJ pennincd omits will he refunded to itorrower. Lender may cheosr to make this refund by rcdncing rhr prindpal owed unJcr the Nnte or by mating u Jircct payment to Boaawcr. [f a refnntl rcdutts principal, the reduction will be trcatn! as a paalnl prepaymem without any prrpaytnem charge (whether or oat n prcpaymeM charge is provided for under the Notrl. 13otrower's acccphmec of any such refund made by dirrrt payment to Bot7uwer will eonstitutt a waiver of any right of action Borrower asigM have arising nut of such ovcrcltnrge. 15. Totica, All notices given by Ilorrowcr or tender in connection wish this Security Inslrutnem must be in wrigafi. Any notice to Burrower in connection with this Security htstrumcm shall bt du;med to 30-000514 p ~~ 6tPAl +oooe+ r.a. ~ ~ m +u r-' Fwm 3033 t101 have bran given ur Parrowcr wltcn mailal by Grst claa mail ar when actually delivered ur Ilorrowcr's notice address if sent by other means. Naive to any one Borrower shall constitute notice to all Dorrowrrs uulus Applirxlrlc 1.aw txprrssly rcquires othcnvisc. Tlu ntrticc address shall be the Property Address unless Dorrowcr has designa[txl a substitute notice address by notice to [.ender, Dorrowcr shall promptly notify Lender of Darrowcr's change of nddrcss, 1f Landes srreeffies a pra.edure fur relrorting Dorrawer's dtangt of address, then Dorrowcr shall only rcpart a change of address through that spreit'ied procedure. Tttcre may be only one designated notice addrtss undtu this Security Instrument •rt any one elute. Any notice to Lender shall be liven by dcllvtlring it or by trailing it by first class mail to Lender's address stated bercin unites Lettder has dcsignsted another address by notice to Dorrowcr. Any notice in wnnection with this Security fnstrurnent shall not be deemed to have 6ecn given to Lender until xtu:dly received ley Lender, tf any nWice required by tlrls Sccur%ty Insttnrnerv is also required carder Applicable Law, the Applicable Law rtquircment will satisfy Qu corresponding requirement under this Security Instrument. IG, Guverning Lnw; Sevttabll{ty; Rules of Corutroction. 'this 5ecutity Instrument shall he governed by federal law and the law of the jurisdiction in which the Property is h>catcd. All rightx and obligations contained in thts Security Instrutncm art subjtxt to any rr;quircnunts and Ifmitalions of Appticable Law. Applicable L.iw uti~tht explicitly or irrrplicitly allay the parties to agree by contract ar it nslght be silau, but such sllcncc shah not be mnsttucd as a prohibition against asrcemem by contract. In the event deal any provision or clause of this Security lustrutnent or dtc lYotc conflicts wilt Applicable Lew, surh mnDics shall not affect other provisions of this Security Instrument nr the Note which can be given cfkct without the conllicdng provision. As user! in this Sc:urfty Ins[ru+nrnt: (n) words of the masculine gender shall mean turd include corresponding neuter words or words of the fcrnininc guider; (b) words in the singular shall mean and include the plural artd vice versa; and (c} tfte word "rnay" gives sole discretion without any obligatintt to take any action. 17, Durrnwer's Cnpy. Dorrowcr shall he given one rnpy of +he Nae and of this Security Instrument. !H. Tntnefer of the Property ar n Deneftclnl Inttresl ht IS+rnvwer. As used in this Section !g, "Imcrcst in the Property' metals any legal or btnefici:d iuurest in the l'roptxty, iruluding, but not limiter! to, those beneficial iineresls transferred in a band for deed, contact for deed, installment sales contract or cscmw agrrcmtnt, the intent of which is tlru trmufcr of title by Dorrowcr at a footle dare rD n purrarucr. !fall or any part of tlrr Property or any Inttrcst in tltc Property is sold or trtnsferrcd (or if Borrower is not a natural person and a beneficial interest fn Borrower is said ar transferred) without Lr•rxicr's prior carioca consent, Lcndcr may rcquiro immetlintc payment in full of akl sums secured by dris Security Insttutntnt. However, this option shall nol be uxcrciscd by Ltndtr if surh cxtrrsc is prohibited by Appiicabtc l.aw, If Lender exercises Utis option, Lender shall Give Borrower notice of acceleration. Tlu notice shall provide a period of not less than 1l) days From the dare the notice is given in accordance with Section IS within which Dorrowcr must pay all sums secured by this Security Ins+tununt. If Dorrawtr fails to pay Ihcsc sums prior to the cxplrntiat of this pcriotl, Lcndrr rnay invoke any runcdics pcnniucd by this Security ]nstrumcnt without further »oticc or Demand on Borrower. i9. itarrosvar's R(ghl to Reftlslste After Attclcrotlon. If Dorrowcr mats ccnain conditions, Dorrowcr shaD have the right to have enforcement of this Security Instrument discontinued ut any titnc prior to the t:ulicst of: (a) Gvc days before salt of the property pursuant to any power of sale contained in this Security Instntmtan; (b) such other (x:riod as Applicable Lmv migiu spcci(y for the termination of borrower's right to ceinstale; or (c) entry of a judgtnen[ tnlorcing dris Security instruutent. Those conditions arc that Dorrowcr. (a) pays Lender all sums which then would be dot tnxicr this Security lnstturnent and tree Noe as if no acceleation hod octucred; (,h) cures any defauh of any other covenants or 3o-oaoSla ..,,a.~- ~•6IPA1 iooaer r.yatra to Foam 303D t/D7 m agrtetrnnts; (c) pays all expenses htcurred in cofoning This Security lnstrumcnt, including, but no[ limited to, rtztsonable attorneys' fees, property inspection and valuation fees, and outer fees incurred for the purpose of protecting Lerxler's interest in the Property attd rights under this Sceurity instrument; and (d) takes such action as Lender may re:.uonably require to assure thm Lender's interest in the Properly and rights under this Secttriay Instrumratl, +s»d borrower's ohltgatiau to pay the sums secured by this Securiy instrument, sbtdl continue unchanged. Lender may require that Borrower pay such rcinstatcrncm sums and expenses in one or more of the following forms, ns scl~MteJ by Lender: (a) cash; (b) money order; (e) certified check, back check, treasurer's check or cashier's check, provitkd any such check is drtwn upon an institution e'hosc deposits am insured by a federal agency, instrumentality ur entity; or (d) Electronic Funds Transfer. Upon rcinctatentertt by borrower, this Security instrument and obligations secured hereby shall rt:main fully effective as if no at:celeration )tad occurred. However, this right so roinstale shall nOl apply in the case of acceleration under Section l8. 20. Sale o[ Nole; Chnnfie of Lnan Servicer, Notice nC Grievance. The Note ur n partial interest in the Nolc (together with this Security taslrvmcnt) can 6c s~1d ane or more limes without helve notice to harrower. A sale might rasult in a eb:utge in the entity (known as the "Loan Servicer") that collects Pcrialic Payments due under the Nttre and this Securiq• lnstrvntcnt atxl pcrfnnns other mortgage Loan servicing obligations under dsc Natc, this Security instrument, and Applicrblc Law, Then also might be one or more changes of the t.oan Servicer unnamed to n salt of sl+e Note. If there is n change of the Lunn Servicer, bornower will be given written notice of thu ch:+nge which will stag the nanse :ind address of the new Lann Servicer, Ilse address to which payments should be made mtd any other in(ormatiar+ ltESPA requires iu cunnection with a notice of trarssfcr of servicing. It the Nou is sold and rttcrrafter the latart is serviced by a Loart Servicer otlrer than the purchaser of tlm Note, qtc mortgage loan servicing obligatioru so barnowcr wilt remain with the Lean Servicer or be transfcrn:d to a successor Lvnn Servicer vtd arc not assumed b}' the Note purchaser unless otherwise provided by the 1Jolc purchaser. Neither Borrower nor lender may coruntence, join, or he joit.:d to arty judicial notion (:+s either alt individual litigant or [hc ntcmbcr of a class) that arises from tilt other pony's actions punuant tv dtis Security Instrument or that allegas that the outer party has breached any provision of, or any duly owed by reason of, this Security huttvment, until such borrower or Lender has notified the other party (widt such nwice given in compliance with the requirerucnts of Section l5) of such alleged breach and afforded the odtcr party hereto a nasonabie period after the giving of such notice to lake cornectivc action. If Applicable Law provides a time period which must elapse before rcrtain action cart he taken, that lime period will tee deenscd to be rensunnble for puraroscs of tftis parngrapit. 'the notice of neccleration and opportunity to cure given to bornnwer purstsnnt to Section 22 vtd the notice of nccelenttion given tv Borrower pursuant to Section !8 shat] 6e deemed to satisfy the naticc atsd oplwrnsniry to utke corrective action provisions of this 5cetion 20. 21, Nav'trdutts Suhshutcac. As used is this Section 2i: (a} "ilar•trdous 5ubsi.•tnccs" see those substances defined ;ts toxic or ha'rardaus substattccs, patlutants, ar wastes by Environntcmnl Law and the following substances: gavoline, kerosene, other Oamntable or taxir. pctroleutn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldrhyde, and radioactive materials; (b) 'Enviromnental Law" mans federal taws and laws of the jurisdiction where the Properly is lncatetl tfsat relate to hc;Qlh, safety or cnvirontncntal prorection; {c} "i:nvironmcnwt Cleanup" inciudts arty r+sponse action, remedial action, or removal nctiat, as defined in Environmcmal law; aad (d) an 'L•nvironmental Condition" means a condition that can cause, canuiburc to, or othctwisc trigger an l;nviroamental Cleanup, 30-000514 ~~GIPAI +oooe+ fay 13 ul 76 Form 3039 1101 i3orrowcr shall not cause or permit the presence, use, disposal, storage, or release of any lazardous Substances, or Ihroaten to relcnsc any Hazardous Subswnces, on or in the Property. Uorrower shall not du, nor allow anyone else to de, anything affecting the Property (a) that is in violation of any Enviromncntal law, (b) which crCttcs tin 1?nvironnrentaS Condition, or (c) which, due to the presence, use, or rclcrse of a Fazardous Substance, creates a condition that adversely affects the rtluc of the Property. 77te prxeding two sentences shall not ;apply w the prosencc, use, or stomge tin the Properly of small quantities of Hazardotu Substances that ate: generatty n:cognized to be appropriate to nortnal residential rues and to tnaintenanee of the Property (including, but eat limited to, ttarardous substwces in consumer pralugs). Borrower shall promptly give i.ender written notice of (a) any iavestl~ation, claim, demand, lawsuit or other action by any govcrnmcntal or regulatory agency ar private party mvolvitrg the Property and may Sit+zardotu Substance or [:nvironmentnl Law of which Uorrower has actual krtuwledge, (by any Cnviromnrntal Condition, including but not limited lo, nny spilling, leaking, discharge, release or threat of rclcnte of any Hazvdous Substance, anJ (y any ctntdhiaa caused by the prcstma, use or release of a Hvardoas Substance which adversely affects the value of the Property, If Eiorrowcr Icaros, or is notified by +aty govemmct+tal or regulatory authority, or nny private party, tha[ nny rcmovat or other rctr+odiation of uty Hazardous Substance affecting the property is necessary, fiorcower shall promptly take ell necessary rcmcdial actirnts in acwntancc with P.ttvironntcntat Lmv, NothG+g 6crcht shall amaze any obflgation o0 Lender fur nn Einviranmemnl Clcartup. NON-UNIFORM COVBNAN'fS. Uorrower and Lender further covenant road agree as fotfaws: 22, Accclcratimt; Itentcdtts. Lrnder shall give notice to Uorrower pr[or to nccclerntlon following Uorrolt•er's brenctt of any covenant or agreement in this Security Instrument (but eat prior to ncceleruion under Section l8 unlm AppNrnble i,aw provides nthenvtsc). Louder shear notify Uorrower uf, untong other things: (u) the defuuU; (b) Utc uclfmr required to cure the defuulr (c) settee the default mutt be ennui; and (d) atop Calture to cure the default as specified n+ay rtytult in nrcclerution of the sums secured by this Security [ndrumrnl, foreclosure by judicin! prttccediag nod sale of the YrapMty. Lcndcr stroll further Infor+u Uorrower of the right to rehtatnle after ucctlerntton and lire right to assa+Y itt the foreclosurC proc~rding rile non-cv{stence of n de!'uu[t or nny other defense of Uorrower to anxlcrntion and foreclosure. [f the defend! is not cured as speeiQed, Lender a! ifs option ntuy require Emmctl(nlc paymcr+t b+ 1'e11 of till sums scrurcd by rids Security Instntwent without further demand and may foreclose this SccurNy Instrument by judicial proceeding. Lcndcr shell be entitlttl in collect till expenses ir+carred in pursuing the remedies provided h[ this Srclimt 12, incladbtg, but not Iimpevl to, uuurncys' R•ev and cents of title evidence to the cxtcnt pcradttwl by Applicable Law. 23. Release. upon payrncnt of all sums secured by this Security Instrument, dais Security instrument and the estate rnnveyed shall terminate and become void. After such occurrence, Lender shall diseiuuge and satisfy this Security Instrument. borrower shall pay nny recordation casts. Lender miry charge Uorrower a fcc for releasing this Sccnrity Instntmcnt, but only if tl+c ice is paid to a third party for sorvicos rtndctcd and the charging of the fcc is pcrmiucd under Applicable Law. Z4, Waivers. Uorrnwcr, to the cxtcnt ~ennittcd Icy Appliwblc Law, waives and releaus vty error or defects h; proceedings to enforce this Sccunty lnurument, and hereby wmivcs the benefit of any present or future lows providing for stay of execution, extension of time, exentptian from nu:tchmcnt, levy and sale, and hnutcslc.•a1 exemption. 25. Itei+tslutetnent Period. Unrrower's time to reinstate provided in Stttion 19 shall catcnd to one 6ratr prior to the wmmcncctrenl of bidding at n sl+crifCs salt or other sale lrursumu to this Security [nstcumenl. 2b, Purchnee iltottey A4ortgnge. [f any of the debt ucured by This Security btsttument is teat to Burrower to acquire thlc to the Property, this Sorority Insttumens shall be a purchase money mortgage. 27. Interest Rntc After Jadgrttcnt. Uorrotvcr agrees that dtc imertat ntc payable after a judgment is eutercd on the Note nr in tut action of mortgage foreclosure shall be the rate payable from limo to lime undcrthc Ntxe. 30-000514 ,._. ~~, a.:~? -GIPAt ioooe~ r,u. a of to Fam 3038 1101 m RY SlGNINC I3F:LOW, Eionower accepts a33d ngrecs to the tcrnts alit cY3vrn:urts contained in this Security Instrument and in any hider executrd by 13orrowct and rccordtxl with it. 1Vitnrsscs: -l ~ri /f c~/;r, / - ~ Patricia J. Reed •liurmwe7 _ (scat) •Uvrrower ,_ {$Cal) -33ffTrOWCr ... (Sea{) -lk,/TON'C7 _ (Seal) (Seal) •Qnnewcr •1k,ru/ucr (Seal) _ (Seal) •13OfrOM'Cr •13nf/'Owtf 30-000514 -61PA1 ioouu3 Psp, 15 al IG form 3Q39 1101 ~D Ccrtlncnte of ]t~sldcacc t, Kevin G. Abernethy , do hcn;by certify drm dtc corrccl a[Idress ofthc within-a~mcd hlortgaecc is 355 East Street Road, Trevose, PA 19053 , Wimrss my hand This 17th day of Apri 1, 2001 ~~ Agarr or A1ortg>a[ec COMh1UN1YEALTiI OT PTNIVSYLVANIA, I~%CC~~C h J Cuunty ss: On this, dre 17th day of //Apri 1, 2001 , bcfon; mc, dte ttndcrsigncd officer, pcrsatudly appcart:d PatriCi a J, Reed known ro rnr (or sal3sfactorily provtn) In he the gcrson(s) whose namc(s} is/arc subscribed to the within instrument and acknowledged thnt hdsbe/they eac[;nted the sank for the purlwscs Lcrcin cnn[ninerl. IN WITNE55 WFfBRL'OR, f hereunto sci my h;uld ;uul official se;il. n-ly Commission Eapir~s; NOTApIAI 9EAL H,4GHEUfl A. S(;NgEIBER, Notary Pc 'Eat i Sus4uehanna Twp., OeWtrin Coun'ry >,ly Commission E,[plrea AWt. 5.2005 30-000514 -61PAI awo+ m .o rirk c+r orrc~r Peyv +6.d I<i Form 3039 1101 TIMELY AAYMENT REWARDS RIDER 30-00051A THIS TIMELY PAYMENT REWARDS RIDER !s made this 17th day of Ap r i 1 2001 , and is Incorporated into and shall bo deemed to amend and supplement the Mongage, Deed of Trust, or Security Deed (the "Security lnstrvmvnt") of rho same date given by rho undersigned (the "Borrower'} to secure Borrower's Note to CARpi t~AL FItyA~,~tgL COMPANY, LTD. PARTNERSHIP (the'Lender) covering the Property described in the Security Instrument and located at: 22 Cornell Drive,Camp HiIILPA 17011 __a •_•__ (Property Address) AODI710PIAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows; A. TIMELY PAYMENT REWARDS RATE REDUCTION The Noty provides for the reduction In the Borrower's Interest rate as 1oUows: TIMELY PAYMENT REWARDS RATE AEDUCTION Borrower ]tas agreed to pay the rata of interest set forth in Soctlort 2 0l the Nole ([he "Nero Rate? until the full omount of principal tuts been paid. However, if on either the second, third or founh anniversary of the scheduled duo date of tiro lust full lnstailment payment due under the Note (the Anniversary hate"} Borrower has demonstrated a Good Payment History, Lender agrees to decrease the Note Rato by one-half percentage point. Borrower will be deemed to have demonstrated a "Good Payment History' It Borrower: (a) has made each of the most recent 24 consecutive monthly payments under the Note and Security Instrument before life data the next payment was due; and {b) has never been late by 3 months or mare In making any monthly payments due under the Nato. If Borrower damonsiratos a Good Payment History, the new Note Rate will lake effect on the earliest Annversary Date on which Borrower has Jomonstrated a Goad Payment History ("Rate Reduction Oato'~. Beginning with Borrower's first monthly payment alter the Rate Reduclbn Dafe, Borrower wpt pay the now amount as the monthly payment until the Maturity Oato. Lender wNl decrease Borrower's Nota Rato only env time during the term of the loan, provided Horcowar demonstrates a Good Payment History on either of the second, third or fourth Anniversary Date. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Timely Payment Rewards Rtder. ,~~r; r.-r..,.~-~. } ,. ~..~ ._ (Seal) Patt• i c i a J r Reed ~-Borrower {seal) Borrower MULTISTATE TIMELY PAYMENT REWARDS RIDER (Exp 2) • Sinpla Family • Fannie Man urrroraa a~rmwiawr r„~„~ uu „fay EXHIBIT Al April 17, 2001 Trevose Pennsylvonia I~xl tC+y) ISrate) gYay~,~~ ~~ ~ ZZ Cornell Drtve,Catnp Hil1.PA 170II tr~•t~r wair~ ]. !W]tROW~It'S Pitt~MlbE T01'AY to retard far a loan that t ttttve received, ] protnisc to Iraq i1.9. S 95, 500.00 (this alaoant h called 'Principal•). pJwi,:lcrast.rotbavrdcraftht:Lcndcr.'fat:[.eaaeci, Cardinal fifnaneial Colrpany, t.td. Partatlrship t w pt tnaitc ~JI payments tattler tbts Mott to the form of c~slt. check or >ntmey order. 1 andtaattutd wet tits Lender tttay ttmts[er this Note. 1Le Lender or tutyoae wbo takes thb Note by ttattsfer and wha is eutittetl to receive payments under ihtt Notc !a called the '~lolc Holder.' Z 1NTF.ItL.Si7' Intercat will be dutrgcd oa anpatd pritcipal andl the fall amauat of Principal Itas lxcn paid. I will pay ialeCedl at a yearly care a[ 7.6750 R. 't'ba tatcrest rntc rtgaittd by this Sctxion 2 is the rate 1 will ptgr bah bt:fora and alter rrry tkfaait descrtbal In Section ti{B) of t'ris Note. 3. l'AYt11F.MP3 (A) Time and t°lacc of Fa,ylaenfs 1 will pay priaapal +axi lntere~t by taakina a payment every atonth. t will make my mattidy Itaymeat oa the 1St day afet-c1t mttaW beglnatttsoa JUne I, 2001 . I wlll taakc Un~sr. payments twery tnooth uatli t have p;dd ail o[ the principal and htttxrst trod arty other ehatgea described below that may oKt under this Nate. ~ ttwttthly paymcAt will be applied a: of lb stdedotcd due date and wltl bo :tpplled to iataest before Principal. If, na Nay l , 2031 ,1 still owe amounts tutdlx this Note, l will pay those atlottap in fall on lbat di<tc. which Lc calkd the "Nasality Dah:." I will make my raoathty paytttents at 355 East Street Road, Trevose, PA 19053 or at a difli:rent place 1f required by the Nole Hok4cr. (!t) Amaual of Mosstldy rlytneta: Aty tnotuttty paymatt will be In rho atttvtmt of V.S. ~ 692.44 4, Itt)iLRUWLtIt'9 RiG]]TTb i'ltLrPAY I have the rilitl to make paytncats of i'rlncptal to any tints bcfare 1Gty ate dom. A payment of Principal only is known as: a 'Prnpayct>;mt.' Wttcn t nttdcc a t'e+epatymetlt. 1 will tc]l dlc Nato Holder In wrtth>a that 1 am datug m. f trrAy not tksiSa.~ae a paytrletn as a 1-ropttytttaat if ] have twt made all the monthly paytttcaa dna under the Note. t Wray nx~ke a full Prcpaytrant ur panitd I'tt:payatet:is vritlwttt paying a Preltaytaeat dtargc, The Note llddtx will use my Ptepaymems to n~duct: the aawum of Principal that t owe under this Han. iiawcvcr, the Nac Hokkr :nay apply ray PtYpayalcnt a tiro aecnited and urytak] iutetrst on qu rrepaytttatc amootX, be;rore tytplyinp my >'t~epayatent to reduce rbr T'rittcip:d anxt:trt of t2w Note. It 1 tnakc a partial rrepaytatxet, tttcre sill be tto cluatjes la the due date ar hl t1tC amount of ray Iwtaihty paymcat antes the Note ilolder agrees in wdtinC to tt:nio cbaages. 30-000514 M1't1L'RSTATE FIXED BATE fl107E Shale F,rtlv'ip•Famto MtrofFmklo Moe UN~tNtM INtiTIKtMF.lrT ® •!iN 1o0osl MA/a/ao Falnr SIaO ttt/7 h VM~NOIII01-tiEr011-M.pOW524rif1 Nt t Y 7 wl~s• ~ ~• ' x ~~'. ~~r~ .~~,~;- ';~.x~' . ;`~: '•~,~} :• .;k i~~t~n~ )It,V V~ I . .'~~i. ;~~3 yf; . ;'?'} ti . '°`r. w ~ `s,: ' ;'{>•: i. loan eltargcs collected or to ba oollcctat in cOnrcction with this bit t:acccd the permitted limits, then: (a) any suet foal dtargc shat! be reduced by the amount nocessary to tNtttx t:te charge to ehe petmlped limb; aad (It) any sxatt nlttady eoNetted [sots lac which cttccodcd pennlttcd iitnits will be refunded to mc. Titc Note ]Ioldcr may cltaose to make this refaad by reduriag the PtlttcipN t owe under this Nola m by taakiag a dirtxt paynrcnt >n tne. if a rclktad tedttces Principal, tltc mhtgian will be trcttctl as a postal Ptcpayttuatt. 6, IWitROWBR'S I~Ait,tJRi: TO PAY AS Rt:.()Uf lilil) (A) l.ste Clatrgc fns Uverthte I'aynrenls I[ the Note Iloider has oat received the ft>'I aatouat of any ttttnttbly payatertt by ehe cast of 15 ctdetdardays after the date it is dttc, 1 will pay a sate charge to the Note lloldcr. 71te antouat of ebe charge will he 5.0000 ti of my averclta: paytneta of ptiaeip,•d and imert:sl. 1 will pay this lots charge prntalxly lent only once an each Itue paymrat. (!ll DMfau[t If J Jo rrot pay rite full atantme of each monthly paytacm oa the dtte it is due. l Mill be in dcfaash. (47 Nolfca of Ite[ault If t am in default, the Note Ildder may scud lac a wrlutxt ttoticc telling me that if 1 do oat pay the orcrthtc ataoum by a ccnain date, :ltc Note Iloider may require ute to pay iatatcdiakly dtc full arrttxettt of Prlttciptd whktt hex trot Ixea paid and al! the interact that t awe on tlrtt attuxmt. That data Want bo at least 30 days after the date on wldch the ttotic~e is mailed to me or dcliveral by other measa. fU) Nn IYatrer i1y Nalc ftoldtx Tivcn if, at a time: when I am is default, the Note tkk+tder t.,,cs sat squire uar to pay immediately fa foil as described above, the Notc Hokter wilt stiff have the right w do so if 1 ant is degiatt .'et a Tatar time. (Ci) Payment of Note Ilotder's Coeds and Expenses if the Nac Holder has rctµtired nta to pap lmmaHatey~ is full as dcscribal above, the Note lldder will Itava the right to be paid hack by ate far ail of its costs aad ceyteasea 1a eaforciag this Note eo the extent oat prohibited by applueabk law. Those caprnscs 1»cludc, fbr c>GVnple, rtatsuttaWa utorncys' tem. 7. t~IV1NCO>:NV~1YCxs Uttlcss applicable law rcgtdres a difGxettt nscthod, arty aatice that must ix given to are under this Nac wi0 bee gispt by d~ircriay, h or by awning it by tint loss mail to me at the Property Address dwva ur al n different ad~irass it I live the Nota Holder a aotitx of aty differ~tl trddress. Any notice dmt elect be: given ro We Nate Hokk:r nrstler this Nac wlU txs glvca by tklivrrittg G ur by raalilag it by first class malt to the Note Ilolder u the addreas steed in Section 3(A) above or at a eGRerrat oddrets if t eta given a ttaticc of char diffcreat addmsa. R. 081.IGATIONS OF PF,RSON9 UND~t TI Ilf3 NOTE if more dean into person signs this Notts. a~clt lK'~ is laity and pctsottally obliRatcd to ltoep all of the pramitas utade in this Nute, irtcludiag the pmmisr to pay the full atttrxtat owM. My person who is a gaarantar. wrcty or cttdorsrr of this >t'ae is t~>so obligaod to da these things. My person wlw takes over these obligations. irtcbaling the abligotian t•f a gtmtaator. atrcty or endorser of this Nate. is also aWigated to keep all of the protNsaa msuio in Ibis Nato. 71te Ncuc Ilukler may rnforee its ritftts under this Nate at~aittat each petrort IatlivWually ar against ail of trs tugethcr. 77tis means the mty uac of to Wrap be required to >mY all of the antotmts owod tattler dds Nak:. 9. {VAIVNItfi 1 anti any obey person who pat obligations mtdtx this Note waive the rights of 1'restxthttcra amt Notice of Dislwaor. •i rmeatrtseat' means trio rigin:o toga&e the Nate 1•iolder to dtmsad p>h-ateM of oatoanrs due. •tiotice of Qitdtortor• arearts the right to tequlrc the ivotc lioldu t0 give Wake to odter persons that amounts dtte bare not been paid. 30-0005)4 ~p crt woes hw ~ ~ 3 '•} ~ ~r~'~ i~ 7Y ~ . . •. ,~ •. :f~ r .. S. '. : •i' ' yam Y ,. r...+r S . { ~~~•• ':r• Fam 320a0~ 1Nt ~w.s.:.Cal. ...._ .._.-.. ~..-_..... ...... -......b..0.....w v. ..w,. v, .tiuwnJ anw \,.w Jfr{.Wlly uW[YU1Ca1 J. Uart:O the iarrle sate aS this Nw0. protects the Nae Holder item ltossiidc Iosses which nd@ht result if ! da twt koq~ tAe ptotuisca which 1 make is this Noto. 71uu Sccuriq Inattumeat describes Iww acrd undo what carxlttiuar [may be roy~rired to tnoke itntnodiatc payment is full of all atttoants 1 owe under fhb NoM. Sonte of tltoae conditions ur dcscribal as fn<laws: if ail or any pan t><the 14openy or a:y Intaat in the Property Is sold or ttaatskrtcd (ar if tiarrawer it not n nawral pawn a:n'ul s bdullthai intet~cst at l;onowcr is sold ar transferral) without Lcadrr'a prior wtittea conttnt. l,erttler may rcqulrc hnmcdiatc payarcnt in full of ail awns acwrcd by this Saatrlty lrrstruoaatt. tlowevcr, this apdaa shall as ba eacrctxd vy Fender if such e~tettiae is prohibited by Appiicahk I.uw. if I.entkr eaet+cises lids uplion, lnrder shall give liorrov-Zr aatioc of aoreleratitm. 71>c aotict: shall provide a period of sot less than 30 daps from the date the notice is Qiveu in atxordatece with Section 15 within which liorrovrcr must pay a!1 anms sasrtpl by this Security lrn:tumcpL if llurruwcr fails to pay these sums prior to the eapiratiott of this period Leader Wray invoke ally rt:tuetiltat permitted by thls Scenrity irotrntnem without furrht;r rwtiea ur derttaad on Burrowrr. wrrrJl•.s~ •n1B IIAND(S) ANU SEJ1L(Sy Of%TIIC UNDlr1i514N6u. ` S ~~.~ `q'ty (Beall lSca1) Patricia J. reed •m.}n~rr •trwnr.n • (Scttq (Seal) •ItPr10MK •tr~movr -(Seal) _.. (Sul) •IMmsrrer -p~no~ee (Sea]) lSca1) •nmrM~r •tlonwa NITHOUT REGOUlISE PAr TO THE OflOER OF ON Ti+t~tlrti CAY ~~~i ~_., ~91~,~, lsrsp o,~ar~t ontrl 6~ ~ ~eei>! tm PARfNERSHlP ATTE ~' alen;a; -A9 f :--~Y~ce president 30-000514 a Ft:.kcr -Anal, Secre aC ry -!iH teomt rr,}[ ~ a ~ Fenn 92tt0 t/t!1 ' "[~ n .1 w• . 4 .~. y j y .,.:,, .y::i}~. •• .. .S'•h. Ih y yP ;• : ~ ~ t h K TIMELY PAYMENT REWARDS ADDENDUM TO NdTE • THI$ TIMa;LY PAYMENT fiE4VARD9 ADDENDUM TO NOTE Is made tats 17th day of Apr91 2001 ,and Is incorporated fnto and shs11 be doomed to arruntd the Note made by ttto txtderaigrtod (the '6arrorMet"}. in favor o1 CARDIN~NANCIA[. CO~P~. L, D~___. PgATw~,~~ pho'Lender} arxt dated tthe same date a9 this Addendum (the "Nole'~. The Note Is sectaed by a sactMty ktstrWtterA. as modlHed ar amended. In laver of t.enderdatedthe 17th dayol~ 2001 Oito'sactnpi-lnatrtsnerrt'-. ADDIT10WA1. COVT:NANfS. Jn addltbn to the covenants and agreements made in ute NMe, Borrower and t$rtder further covenant and agree as toAorv~ 1. T1MElY PAYMENT REtNARQS RATt's REDUCTION Borrower has agreed to poy the role of kuerest sot IoNt In Soctlon 2 d the Noto (ttte'Note Rate unto the !vU amount of prlndpat has been paid. Hotvovar, ~ ttn ellher ttte aecortd, th1M or ioetrth anniversary of ttre scheduled due date Of the Aril fWl lnataNmttrA payment due under the Nee I,tfie "Annlveraary Dats`1 Borrower has dentonsttated a Good Paytnattt f~tory, lsndor agrees to decrease the Note Rata bS- one-half paccentage point. Borrower vrN be deemed to have demonstrated a 't3vod payment Hinory' A Botrnwar. (a) has made aaott of the most recant a4 conseatthre monthly pttymenta tutdor the Note and Security tnstrttrrtartt beforo ttte data ~tw rta>Q payment was due: and (b} hoe never boon fate by 3 months or more ~ ntttMttg any rttorNWyt payments due tinder the Note. tf Borrower demvrtstratos a Rood Payment History, the new NaRe Rate wrll take affect on the lust day of ttte earNast Annh+ersary eats on which the Bongwer rtes demonstrated a Good Payment FMs<ory (`Rate Roducttat Datey. Nn9 whh Borrower's Aral moruMy peymem after the fiats Reductlort Date. 9onowtu wWl pay the new amount as ttw monthry payment untA the MaturNy f>ala. Lender tMA decrease Borrowet'a Note Rale only one thre during the tttrtn of ttw loan, provided Borrower damonetrates a Good Payntrett Hl~ory oft oWter d the second, third or fourth Anrthrersary Dates. BY STONING B11.01N, Borrower accepts and agrees to the terms and provisions corttatned (n this Timely Paytrtent RawaMa Addendum to Nota ~.~~ r~ (seat) Patricia J. treed .~~ -• f~) • • eortower MULTJSTATt? TMAELY PAYMCNT HEtii-AFti~3 A00'WDllM TO NOTE ~~ • tilnpla Randty • tonnM Matt Itf~CFWtlA LVSTtttrlAENr Fate Uto 11/9® ~ . ~ . j N. • ~•+ - ~!. > y'#.. ti • ' ~ . :F~ P A EXHIBIT A2 ..~ ~...'r i ,L.:~ ~~ ~ ~ v ~"7 GG KG~~ A~~U-tJiF~~'. O ~ J O~~ /Y I-~~ ,1 /~ :y , ~ r l i9s~ ~ o4ozz4z 30-000514 t~ecordingl;equestedsy/t~eturnTo: Cardinal Financial Company, Ltd. Partnership 355 East Street Road, Trevose, PA 19053 Parcei Number: ASSIGNMENT OF MORTGAGE For Value Recehred, the undersigned hpider of a Mortgage (herein "Asslgno~') whose address is 355 East Street Road, Trevose, PA 19053 ,does hereby grant, sell. assign, transfer and convey, unto Mortgage t:lectronlc Registration Systems, inc., as nominee for Hontestde LBnding, Inc., Its successors and assigns, a corporation organized and existing under the laws of Delaware therein 'Assignee"), whose address as P.O. Box 2026, Flint, Michigan 49541-2026, a certain Mortgage, dated Apri 1 17, 2001 ,made and executed by Patricia J. Reed whaseaddressis 22 Cornell Orive,Camp Ffi11,PA 1?011 , to and infavarof Cardinal Financial Company, Ltd. Partnership upon the follawtny described property situated in Cumberl and County, Commonwealth of Pennsylvania: 5EE ATTACiil:q I.~GAL gESCRIPTION such Mortgage having been gben to secure payment o€ hf i nety Five Thousand Five Hundred Dollars and no/100 ( 595,500,00 1 (Include tl~e Ortptnet principal Amount) which Mortgage Is of record In Book, Volume, or Libor Na. , at page (or as No. ) of tha Records of Cumberland County, Commonwealth of Pennsytvanla, together wish the note(s) and obligations ihereIn described, tho money due and to become due lherepn with interest, and all rir~hts accrued or taaccrue under such Mortgage, TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the terms and conditions of the above~escribed Mortgaye. Pannsytvanl~ Aaargnmcnt of Mortgage 12/99 tee. 10(00 qa Paeo 1 of 3 i ~•.• ~.- ~~ M!N: 1000109-800035692?-3 _ MSFiS Phone: i-898.679-6377 • IiSL ~ 0402242 30-aao5i4 IN WITNESS VJHEREOf=, the undersigned Assignor has executed this Assignment of Mortgage on ~~pril 17, 2001 Cardinal Financfal Company, Ud. Partnership 13y: Witness gy; .~w v d~~~,~,s-W~~ Yrtn s _,.~..r~ ignsture) ~"""~" ~ C ~ yy1 Casa? eno ~ Ste- A 't. Vice President ru,ost Anna Fel3cer Asst. Secretary Seal: This Instrument Prepared By: Kevin G. Abernethy Address; P.O, Box 147, Trevos©, PA 19453 ,tel. no.. (215j 953.1544 CommortwealthjStatt~of PENNSYLVANIA County at .BUCKS On this the 17th day of Apr i 1 2001 ,before me ,the undersigned officer, personally appeared Cheryl Casaletlo who acknowledged himself/tterselfito be the A s s' t . Vice President of CARDINAL FINANCIAL COMPANY, UMI7ED PAFiTNEFiSHiP. BY: CARDINAL MORTGAGE INC., GCNEP.A7+ FARTNl;R ,and that he/she, as such As s' t . Vice President ,being authorl`ed so tv do, executed the foregoing Instrument for the purposes therein contained, by signing the name of the t.Jmited Partnership by htmseit/herself as As 5' t . U i ce Pre s i den t IN witness whereof l hereunto set !ny hand and official ~`j NpTAR1Al. SEAL Mi~~ ~ ! ~ ~-~_ ~`""' ANNA FELKBR Netary Public Lower S~w~hunp~on 1'wp., 8ucl~s County ray CommiYSion Exain:~ May ID, 2003 PA Asalgnmant of lJlaripag• Papa 2 of 3 MIN: 1000109-8000356927-3 MFRS Phone: t-1308-679-6377 • • ASSIGNMENT QE MORTGAGE Bi:TWEEN: Cardinal l=lnancial Company, ltd. Partnership AND Mortgage Electronic Reglstratlon Systems, Inc,, as nominee fpr Nam©s(de Lending, inc., its successors and assigns MAILTO; Cardinal ~InanCiai Company, Ud. Partnership P.O. Box t47, Trevose, PA 19053 Certif(cate of Residence I, Kevin 0. Abernethy do hereby Certify that MORTGAGEE'S precise residence Is 355 last Street Road, Trevose, PA 19053 Witness my hand this 17th day of Apri 1 2001 MORT E nt fw MU~tTGAC38E 'A Asslpnmant of t4loRpapa Papa 3 013 MIN; 1000109-8000356927-3 ~.. MIN Phone: t-ess~s~s-6377 • • At%I., THAT CERTA)iN Iot of faild 5ituatC in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: I3EGIt+INiNC tit a point on the northwest Line of Cornell Drive, said point being located seven hundred fifty-ituce and two one-hundredths {753,02) feet, more or less, measured sovthwcstwardly along the said line from the northwest corner of Cornell Drive and Canter Drive at the division line of Lois No. 1 I & Z2 an said plan; thence Southwcstwardly along Coriicll Drsve seventy (70) feet to a point; tlicncc Morthwcstwardly at nght angles with Cornell 17rive and along tho line of Lot No. 13 an the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence noi~thcastwardly along lands now or formerly of W.F. Keiser, Jr, and wife, and paralIcl .vith Cornc#1 Drive seventy (70) feet to a paint; thence 5outhcastwardly at right angles and along line of Lot 1~l0. ! 1 an said Plan, on hundred ilsirty (130) feet to the ptaec ofBBGINN[NG. ~31~'ING Lot No, I2 as shown oci "Part of PIan No. Z, Cedar Cliff Manor", said Plan I3cing recorded in Cumbcrlaild County Recorder's Office in Ptah Book 7, Page I3. HAVING thereon erected premises Nei. _Z2 Cornell Drive, Camp I~fill, Pennsylvania. BIsiNG the same premises which IIottara Construction Company, a PA corporation, by Deed dated 02/2a/U() and recorded 0219/00 in Cumberland Co~snly Record Book 21G, Page 890, granted and convoyed unto Patricia I. Recd, sinbl~ wocnnn, in fee. Parcel No: z3-23-osa~-~83 Accuracy of aerc3ge cantcu! undlor square footage not guaranteed. .. 4 EXHIBIT A3 yr' tl~~?~ ASSIGNMENT OF MORTGAGE 2068 NOU ly Ail li 0$ KNOW ALL MEN BY THESE PRESENTS that Mortgage Electronic Registration Systems, Inc. hereinafter Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by Washington Mutual Bank, F.A., "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by PaMcia J. Reed to Cardinal Financial Company, LP, bearing the date 4/17/2001, in the amount of $95,500.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 5/14/2001 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1704 Page 243. Mortgage was assigned to Mortgage Electronic Registration Systems, Inc. recorded on 5/14/2001 in book 674, page 761. Being Known as Premises: 22 Cornell Drive, Camp Hill, PA 17011 Parcel No: 13-23-0547-483 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with alt Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of rede~tion of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor las caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this: ~S day of 5-x'7 ~' , 2Q~." Mortgage Electr 'stration Systems, Inc. Sealed and Delivered rn ~^ ' "'"" ~ ,Vice Pre ' lErnt in the presence of us; Attest: state of ~,,~ t.iqu da AI o lc res ent . ss. County of ~o ~.9'~ On this ~ day of ~sc~~' , 20~ before me, the subscriber, personall appeared ~„6k Wi~ken ,who acknowledged hitn/herself to be the Vice Pr ident of Mortgage Electronic Registration Systems, Inc., and that he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my handaffS~ficial seal. Stamp/Sea1•.•'~ PARIS Y, JACK30N v N • NO'f*f}1' PtlBtiC • #fNNEBE?'fR MY COMMISSION EXPIRES JAN. 31, 2011 The precise address of the within named Assignee is: 11200 West Parkland Avenue 1Vlilwa ee, W 3 4 By: . or i ee) After recording return to: _ PHELAN HALLINAN & SCHMIEG, L.L.P One Penn Center 1617 J.F.K. Blvd., Ste.1400 ~ 9%24/06 • '-: Philadelphia, PA 19103-1$14". .. Assignment Department 8404022421 ~0?32PG0i7 Premises:. 22 Cornell Drive, Camp Hill, PA 17011 Lower Allen Cumberland County Pennsylvania AESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hun{3red ffty-three and two one-hundredths (753.02) feet, more or less, measured southwest~vardly along the said line from the northwest comer of Cornell Drive and Center Drive at the divi' ion line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (~) feet to a point; thence northwestwardly at right angles with Cornell Drive and along -the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel -with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on "Part of Plan No. 2, Cedar Cliff Manor", said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. Hl~VING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. U~iDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keis,~er, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid Flan. BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton end William W. Hampton, unmarried person, by their deed dated December 15, 1998 and recorded January 12, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. PARCEL. IDENTIFICATION NO: 13-23-0547-483 ~ ~~"-`~'~`'y t';is L~ j}e recorded ~` a~'Y~= ~ . ~~ .: Recorder of Deeds {Q732PG~01 ~6 EXHIBIT B PT.AiNTTFF'~ AFFT1)AVTT ~N CTrPPORT nF TTC MnTTON FnR ~irMMARY .TTrn(~MF.NT STATE OF MN ) ss. COUNTY OF Dakota ) Mark Cardenas, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Manager at Fidelity National Foreclosure Solutions, officers of Washington Mutual Bank, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant accounts. 5. Defendant mortgage payments due May 1, 2006 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $91,183.71 Interest $3,210.90 April 1, 2006 through September 12, 2006 (Per Diem $19.46) Attorney's Fees $1,250.00 Cumulative Late Charges $80.88 April 17, 2001 to September 12, 2006 Cost of Suit and Title Search ~SS~ ~Q Subtotal $95,274.95 Escrow Credit $0.00 Escrow Deficit .376.75 TOTAL $95,651.70 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Nark: Mark Cardenas Title: Fidelity Natio~eclosure Solutions, officers of Washington Mutual Bank SWORN TO AND SUBSCRIBED BEFORE ME THIS l6 DAY OF a C ~ ,2006. NOTARY P LI _ _ _ _ atherine Josephine Hagsb'oi NOTARY UUBLIC -MINNESOTA MY COMMISSION EXPIRES JAN. 31. 2008 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PNELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE FENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 {21 S~ 563-7000 139984 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIV1L DIVISION TERM NO. O(~ ---53~CS e,~:C~-~ CUMBERLAND COUNTY PATRICIA J. REED 22 CORNELL DRIVE CAMP HII,L, PA 17011 c~ ~ %, I}efendant ~- ~' ~ ir: Lr i_ , CIVIL ACTION -LAW COMPLAINT IN MORTGAG,_ ~ FORE~OSURE ~? • ~ NQTICE ~~ ` ~~ =' -, ~ .. ~. 1'' ht You have been sued in court. If you wish to defend against the claims set forth in the fo~win~ pages, you must take action within twenty (20) days after this complaint and notice are served, by< ~ entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without farther 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 LA W YER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES Ti-iAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ~~?,~2F~~7 ~clti~Y the ~ E ~ a true and vn~~i~; - Yo he ~. of the cu~t~cx c~17~ pf ~evo~d '°~" ; ~tigtist~l died 7 -~, ~~ -.-. rn ~~} t.:.. ~~« :~-r. ,^7 ('l "~~ i"1'i 5~.'a -~ AT7`~~t'~'~Y ~1~~ CU~y ipc.~,~~~ R~r~R~ Filc ~: 139484 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. I-IALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 139984 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v. PATRICIA J. REED 22 CORNELL DRIVE CAMP HII.,L, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 139984 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT_OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 139984 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA J. REED. 22 CORNELL DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. 3. On 04/17/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1704, Page: 243. By Assignment of Mortgage recorded 5/14/2001 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOMESIDE LENDING, INC. which Assignment is recorded in Mortgage Book No. 674, Page 761. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 139984 6. The following amounts are due on the mortgage: Principal Balance $90,183.17 Interest 3,210.90 04/01/2006 through 09/12/2006 (Per Diem $19.46) Attorney's Fees 1,250.00 Cumulative Late Charges 80.88 04/17/2001 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 95,274.95 Escrow Credit 0.00 Deficit 376.75 Subtotal 376.75 TOTAL $ 95,651.70 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $95,651.70, together with interest from 09/12/2006 at the rate of $19.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ALLINANn& SC~nMIQEG, LLP /~'~.`~ By: / rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139984 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence Southwestwardly along Cornell Drive seventy (70) feet to a point; thence Northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on'Part of Plan No. 2, Cedar Cliff Manor', said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. BEING the same premises which Bottaro Construction Company, a PA corporation, by Deed dated 02/24/00 and recorded 02/29/00 in Cumberland County Record Book 216, Page 890, granted and conveyed unto Patricia J. Reed, single woman, in fee. File #: 139984 FRAI3CIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied'by Plaintiffand are true and correct to the best of his Irnowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~i~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ 1 EXHIBIT D Ii9gW IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION Plaintiff Case No.: 06-5380 Civil Term vs. PATRICIA J. REED, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. 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 $4,300.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, r. Esquir P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Yo k, Jr., E ire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 2nd day of October, 2006, I served a copy of the Answer to Plaintiff s Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yo ' c , Jr., Es uire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 EXKI$IT E Washington Mutual Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 July 17, 2006 PATRICIA J REED 22 CORNELL DR CAMP HILL PA 17011 7100 4047 5100 2821 2851 003910 /FC WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 8404022421 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thia is an official notice that the mortggge on your home is in default and the lender intPndc t o forerloce S~ific information aboLt the nature of the default is provided in the attached napes. The HOMEOWNER'S MORTGAGE ASSISTANC' . PR_)? OOLl:Aht (HEIyiAP) m~,}~ be able to help to save your home. This Notice explains how the proeram works. yo» mnct MEET WITH A CONSUMER CREDIT .O N - dN A To see if HEMA~ can help .NCY WITHIN ,. 30 DAIS OF THE DATF OF THIS NOTICE Take this Notice v.^thyou when you meet with the Counseling Agency" Agencies c_erving your C The name address and phone number of Consumer Credit Counceling ounty are listed at the end of this Notice. If . you mamay call the Pennsylvania Housing Finance Age~n y toll free at 1-8 you have any~uectionc 00-~42-2397 (Persons with imnaire~ ,. hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you End a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Patricia J. Reed PROPERTY ADDRESS: 22 Cornell Dr. Camp Hill PA 17011 LOAN ACCT. NUMBER: 8404022421 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELI IBLE 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 ESTABLLSHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLnSURF. -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIC b~ ..TIN(' b`*TST O .CiTR WITHIN THE NEXT (~Q) DAYS. IF YOU DO *'OT A_PPLY FOR Eh~ERGT?NCY I-•ORTGACE ASSISTANCE. YO 1 M ST B TN YO TR MORT A E UP TO DATE THE PART OF THI NOTI E ALLED "HOW TO URE YOUR MORTGAGE DEFAUL'~, EXPLAINS HOW TO BRIN YO R MORT A E UP TO DATE. rnxcimrEU ruEDrT [`fliiNCFi iN[` AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresa_es and +eleFhone numbers of ded~+*+a+P~ roncumer credit counselin~„Pncies for the county in which the pro~ly is located are sPt 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. APPL.I .ATION FOR MORTGAGE ASdcTANCR -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME Il14MEDIATELY, 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 003910/C0926 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datel. NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 22 Cornell Dr. Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 05/01/2006 $861.74 06/01/2006 $861.74 07/O1/L006 $870.40 Other charges (explain itemize): Uncollected Late Charges $11.64 Uncollected Fees: $15.00 Less Credits $0•~ TOTAL AMOUNT PAST DUE: $2620.52 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2620.52, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, pgymen a must be made either by cash, achier' h -k, certified check, or mone^order made dyable and sent to: Washington Mutual Bank Cash Processing P.O. Boa 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOLr DO NOT GLiRF. THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender int n . o x r iae i a nigh a to a cPl rate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. •IF THE MORTGA .E IS FOREC'L.OCED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attoneey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's flees will be added to the amount you owe the lender, which may also include other reasonable costs. ILym~ rare the default within the THHtTY ('t~0) DAY period you wfll not be required to pay attorney's fees. OTH .R .F.NDF.R R .M .DIES -The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 RIGHT TO CURE THE DEFALTL.T PRIOR TO SHERIFF'S $Aj~~ - If you have not cured the default within the THIRTY (30) DAY and foreclosure proceedings have begun, yo ~ still have the right to cure the default and Ilrevent the sale at any time up to one at orngy' ~ - d cl+a+Q ronnected v^th the foreclosur ale and any other cost cn~nnertP~1 with the Sheriffs Sale aa_ specified in writing by the lender and by_performiae any o h .r r~»irements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POC3IB cH RIFFS cAL.E DATE - It is estimated that the eazliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. [f you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR .COUNTY ARE ATTACHED We may report information about your acrnunt to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 EXHIBIT F r~ PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a~fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM: Frank E. Yourick, Jr., Esquire RayBegley COMPANY: DATE: 10/10/2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 PHONE NUMBER: gE; ACCOUNT NUMBER Reed, Patricia J. 8404022421 ^ URGENT ~ FOR REVIEW ^ PLEASE COMMENT ^ PLEASE REPLY ^ PLEASE RECYCLE NOTES/COMMENTS: Attached is the reinstatement figure for the above-captioned loan. A payoff figure will follow shortly. Please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. CONFIDENTIAL -~.,>3 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a,fedphe.com Raymond J. Begley Representing Lenders in Supervisor -Foreclosure Resolution Dept. Pennsylvania & New Jersey October 10, 2006 VIA FACSIMILE Frank E. Yourick, Jr., Esquire Fax (724) 325-3124 Re: Washington Mutual Bank vs. Patricia J. Reed 22 Cornell Drive, Camp Hill, PA 17011 Acct: 8404022421 To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $7,236.25, which is the amount needed to bring the above account current with Washington Mutual Bank. Funds must be received in our office ON OR BEFORE October 27, 2006 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan &Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Raymond J. Begley Foreclosure Resolution Department Phelan Hallinan &Schmieg, LLP Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reafrirmed, 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. As of the date of this communication, you owe the amount specified. Because of Interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater, Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution@,fedphe.com Raymond J. Begley Representing Lenders in Supervisor -Foreclosure Resolution Dept. Pennsylvania & New Jersey Reinstatement Figure NAME: REED, PATRICIA ACCT #: 8404022421 DATE: 10/10/06 Good Through 10/27/06 Total Payment Amount (6 Payments) Property Inspections NSF Fees Negative Escrow Balance Late Charges $5,205.08 $17.80 $15.00 $85.37 $115.50 Attorney Costs Attorney Fees TOTAL $572.50 $1,225.00 $7,236.25 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. r~ PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(c~fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailingl New Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further Information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. r PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a~fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM: Frank E. Yourick, Jr., Esquire Ray Begley COMPANY; DATE: 10/10/2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 PHONE NUMBER: RE: ACCOUNT NUMBER Reed, Patricia J. 8404022421 ^ URGENT D FOR REVIEW ^ PLEASE COMMENT ^ PLEASE REPLY ^ PLEASE RECYCLE NOTES/COMMENTS: Attached is the payoff figure for the above-captioned loan. Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. CONFIDENTIAL ~, t, .r., PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(c~fedphe.com Raymond J. Begley Representing Lenders in Supervisor -Foreclosure Resolution Dept. Pennsylvania & New Jersey October 10, 2006 VIA FACSIMILE Frank E. Yourick, Jr., Esquire Fax (724) 325-3124 Re: Washington Mutual Bank vs. Patricia J. Reed 22 Cornell Drive, Camp Hill, PA 17011 Acct: 8404022421 To Whom It May Concern: In accordance with your recent request, please find a payoff figure in the amount of $96,562.59, which is the amount needed to satisfy the above account with Washington Mutual Bank. Funds must be received in our office ON OR BEFORE October 27, 2006 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan &Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted, Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Raymond J. Begley Foreclosure Resolution Department Phelan Hallinan &Schmieg, LLP Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215} 563-7000 and ask for the Foreclosure Resolution Department. r~ PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a~fedphe.com Raymond J. Begley Representing Lenders in Supervisor -Foreclosure Resolution Dept. Pennsylvania & New Jersey Payoff Figure NAME: REED, PATRICIA ACCT #: 8404022421 DATE: 10/10/06 Good Through 10/27/06 Principal Balance $90,183.17 Property Inspections $17.80 NSF Fees $15.00 Interest $4,056.87 Late Charges $115.50 Escrow Overdraft $376.75 Attorney Costs $572.50 Attorney Fees $1,225.00 TOTAL $96,562.59 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a,fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT, PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing! New Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. if you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best. of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. d Date Je in R. Davey, Esquire Att ev for Plaintiff t~ ~ ~ ~ _ ~-•. i_t i AJ.? , ~ry ~ 7 ~~ ~ ~ PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21~) s~~-7noo Washington Mutual Bank, F.A. 11200 West Parkland Ave. Milwaukee, WI 53224 Plaintiff vs. Patricia J. Reed 22 Cornell Drive Camp Hill, PA 17011 Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County No. 06-5380-CIVIL TERM I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief' in Support thereof, Praecipe for Argument, Proposed Order and attached Exhibits were sent via first class mail to the person on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: _~__~L ~ e Jem e Davey, Esquire Attor v for Plaintiff r7 ° ~ -ri ~ ,a C.A o" - ~ ~ L.l r~ s' :~'" . 7 C"3 ~ ~~ ~~ r ~Y ~ / G '~ PRAF,CIPF. FnR I,iSTiNG .A4F FnR ARGUMFNT (Must be typewritten and submitted in duplicate) TO THF, PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Washington Mutual Bank, F.A. :Court of Common Pleas l 1200 West Parkland Ave. Milwaukee, WI 53224 :Civil Division Plaintiff vs. Patricia J. Reed 22 Cornell Drive Camp Hill, PA 17011 Defendant Cumberland County No. 06-5380-CIVIL TERM l . State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph Schalk, Esquire Address: Phelan l lallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (b) for defendant: Frank I.;. Yourick, Jr., Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 24, 2007 Date: ~~'S~ ~ ~' Atto for Plaintiff C"? ~ ~-~ '~ = ~ . ..,, `^ ~7 __.. ~ ~ .. _! C.f' WASHINGTON MUTUAL BANK, IN THE COURT OF COMMON PLEAS OF F.A., :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. PATRICIA J. REED, DEFENDANT 06-5380 CIVIL TERM ORDER OF COURT AND NOW, this 6 day of February, 2007, the motion of plaintiff for summary judgment, IS GRANTED. An in rem judgment is entered in favor of plaintiff and against defendant, Patricia J. Reed, for $95,651.70 plus interest from September 12, 2006, at the rate of $19.46 per diem and costs. By the Cou .~ /~ ~~ `,~ , Edgar B. Bayley, J. nine R. Davey, Esquire For Plaintiff ~ank E. Yourick, Jr., Esquire For Defendant sal ~ ~ ~.. -. --_. __:}r` __, w ~'~ ~ °._1 [r` C'.1 wa'~1 ~.. a tt „ rte. -_- ` ~ ( \_./ C^~} t :+..1 ~.~ ~f Washington Mutual Bank, F.A. VS Patricia J. Reed In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5380 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing $30.00 Poundage 1.62 Levy 15.00 Mileage 14.40 Law Library .50 Prothonotary 1.00 Surcharge 20.00 $ 82.52 / ,p'I 1' ~ ~P> ' So Answers: R. Thomas Kline, Sheriff BY ` Real Estate ergeant ~~50 +~° s3 ~~ ~ a ~ e~ ~' * ,. ~ ~ WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, . v. COURT OF COMMON PLEAS PATRICIA J. REED CIVIL DIVISION Defendant(s). NO.OP-5380 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 122 CORNELL DRIVE. CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name PATRICIA J. REED Last Known Address (if address cannot be reasonably ascertained, please indicate) 22 CORNELL DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ ._. ~ 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) Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 22 CORNELL DRIVE CAMP HILL, PA 17011 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2007 DATE DANIEL G. SCI-IMIEG SQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. PATRICIA J. REED Defendant(s). CUMBERLAND COUNTY No. 0~-5380 CIVIL TERM March 8, 2007 TO: PATRICIA J. REED ZZ CORNELL DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 22 CORNELL DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,531.78 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale incompliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: X215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered.. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIl'TION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on "Part of Plan No. 2, Cedar Cliff Manor", said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous Book 107, Page 151, and to set-back lines and utility. easements as shown upon the aforesaid Plan. BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton and William W. Hampton, unmarried person, by their deed dated December 15,1998 and recorded January 12,1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 13-23-0547-483 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Patricia J. Reed, a single woman, by Deed from Bottaro Construction Company, a Pennsylvania Corporation, dated 02/24/2000, recorded 02/29/2000, in Deed Book 216, page 890. . - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5380 Civil `~ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From PATRICIA J. REED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $95,651.70 L.L. $.50 Interest FROM 2/6/07 TO 6/13/07 (PER DIEM - $16.20) - $2,057.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.32 Other Costs Plaintiff Paid Date: MARCH 13, 2007 C 's R. Long, P onota (Seal) By; Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 81 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 22 Cornell Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 B vr~ ~w~ Real Esta a Sergeant `:; I :~ L ~` ~ d U ~` J_j% d