The URL can be used to link to this page

Home My WebLink About06-6373?2 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 DEFENDANTS NO. D(o - 3'73 NOTICE 0,,-, ? L COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 A 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. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) P.O. BOX 2026 FLINT, MI 48501-2026 PLAINTIFF VS. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. &J ?l V e, CCOMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Mortgage Electronic Registration Systems, Inc. (MERS) (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. William J. Ragni, a/k/a William J. Ragni, Jr. and Michelle Lee Ragni, a/k/a Michelle Lee, a/k/a Shelly L. Ragni, a/k/a Michelle L. Sipler (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee. The Mortgage, dated December 31, 2003, was recorded on January 18, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1850, Page 4947. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on December 31, 2003 in the original principal amount of $139,750.00 payable to Plaintiff in monthly installments with an interest rate beginning at 6.95%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. MERS is the owner of legal title to the mortgage subject to the foreclosure action and is the nominee for the Lender, Accredited Home Lenders, a California Corporation, which is the owner of the entire beneficial interest in the mortgage. 6. The land subject to the mortgage is 1451 Ryland Drive, Mechanicsburg, PA 17050. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 7. The Defendants are the Record Owners of the mortgaged property located at 1451 Ryland Drive, Mechanicsburg, PA 17050. 8. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $136,076.65 Interest to 10/31/2006 $3,136.90 Accumulated Late Charges $222.00 Inspection Fee $9.87 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 Borrower Credit ($221.58) TOTAL $140,773.84 plus interest from 11/1/2006 at $25.83 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on August 4, 2006. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 12. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $140,773.84 together with the interest from 11/1/2006 at $25.83 per day, costs of suit and attorney's fees. Law offices of Gregory Javardian BY: G ory J t orn ey 55669 ttorney for ntiff EXHIBIT `A' i ,jareby ce0y that this k true ,,d correct eoPY of 0r- Prepared By: Accredited Home Lenders, Inc. A California Corporation 15030 Avenue of Science #100 San Diego CA 92128 Return To: Accredited Home Lenders, Inc., A California Corporation 15030 Avenue of Science, Suite 100 San Diego, CA 92128 Parcel Number. 10-16-1062-069 ISPace Above This Line For Recording Dahl MORTGAGE MIN 100176103122356205 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated December 31, 2003 together with all Riders to this document. (B) "Borrower" is WILLIAM J. RAGNI AND MICHELLE LEE RAGNI, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the taws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (988) 679-MFRS. 0312235620 PENNSYLVANIA - Single Family • Fannie Mae/Fred&* Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1101 ?m 6AIPAl rozoa ape 1o1 16 wrin VM? MORTGAGE FORMS -MMSrt.r791 S 1 /f?, s ? (D) "Lender" is Accredited Home Lenders. Inc. Lenderisa Corporation organized and existing under the laws of the State of Cal i f o r n 1 a Lender's address is 15030 Avenue of Science #100 San Diego CA 92128 (E) "Note" means the promissory note signed by Borrower and dated December 31, 2003 The Note states that Borrower owes Leader one hundred thirty-nine thousand seven hundred fifty and 00/100 Dollars (U.S. S139. 750. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1. 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all nuns due under this Security Instrument, plus interest. (11) "Riders" mean all Riders to this Security Instrument that are executed by Borrower. The following Riders arc to be executed by Borrower [check box as applicable): ® Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider ED Balloon Rider 0 Planned Unit Development Rider EJ 1-4 Fancily Rider Q VA Rider ? Biweekly Payment Rider ® Other (s) (s) [specify] Arbitration Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues. Fels, and Assessments" means all dues. fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. W "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated tdler machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid undo the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or ornissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0312235620 I1S.1 ak: ®6AIPA1 romal rpe zyl 16 q , 1 n Form 3039 1101 W g eJt 0 0 M "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA' refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan' under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County )Type of Recording Jurisdiction) Of CUMBERLAND )Name of Recording Jurisdiction): See Legal Description Addendum Page Attached which currently has the address of 1451 IMAM DRIVE Istreetl MECEIANICSBtrRG )Gy), Pennsylvania 17050 [ZipCodel ('Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Pmperty.' Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower is this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but rtot limited to, releasing and canceling this Security Instrument. 0312235620 W4Yf: ®-6A(PA) rozozr P.O. 3 w re Form 3039 flow BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges dare under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U_S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash: (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may he designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due tinder the Note and this Security Instrument or Performing the covenants and agreements scoured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by tender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 0312235620 nn W: ?•6AIPA1 10202, P.O.. of 16 1 Form 3039 1101 i - • can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Burrower shall pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as 3 lien or encumbrance on the Property; (b) leasebold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items.' At origination or at any time during the term of the Loan, Under may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any sucb waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insurer]) or in any Federal Home Loan Bank. Lender shalt apply the Funds to pay the Escrow Items no later than the time spccified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or Verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shalt not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 0312235620 b n,b: 40 -6Alt'A) jozon P.O. 5 w rs ?J ?p Form 3039 1 roi 0 • shall be paid on the Funds. ]ender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to intake up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fins, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over ibis Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Larder's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If [ender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or bereafter erected on the Propcny insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the LA=. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each lime remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 0312235620 (M -6A(PA)mon vq.eot?e u`ars. berm 3039 t/07 0 1 0 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal cenificates_ If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage. not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lendcr as mortgagee and/or as an additional toss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to fender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, fender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the surns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, fender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from fender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property tinder Section 22 or otherwise, Borrower hereby assigns to fender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. u nus 0312235620 ®m -BA?PA) wIOI a.arars Form 3039 1101 W4 0 a 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration- Lender or its agent may snake reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Burrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Gender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights tinder this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in coup; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all actions authorized under this Section 9. 0322235620 •6A1PA) g2o.-, r.aaor?s l /R Form 3039 1101 0 0 Any amounts disbursed by Lender under this Section 4 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to titre, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lander, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance.' Further: (a) Any such agreemeats will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 0312235620 wUIs: 4AIPAr tozo2l Pps s a1 16 qq form 3039 1101 0 a (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to bold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed- Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrumem, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instruman, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruuion, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then duc. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to matte an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be / 0312235620 ®-6A(PA) ID702. vp. toot to Form 3039 1101 0 0 a dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy- 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lander agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of tender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but riot limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to / 0312235620 lives.: 1 V ®0 GA(PA) to2o2e Pp. n .r is Form 3039 1101 0 i have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There- may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument. (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender nay invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all suers which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cues any default of any other covenants or 0312235620 ,ruw ®4D-6AtVAl9020:1 wc.,ra,a Form 3039 1/01 Q I? r agreements; (c) pays all cxpemes incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument-. and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale or Note; Change or Loan Service, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Scrvicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Scrvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. if Applicable Law provides a dine period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to curt given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 0312235620 xw r. ?6AIPAi 102021 P." 13 m 16 Form 3039 1/01 0 , 0 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shalt create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Imtrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things- (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to ewe the default as specified may result in acceleration of the sums secured by this Security Iadnmrent, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent pernitted by Applicable Law. 23. Release. Upon payment of all sutras secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lander sball discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0312235620 -I&V ® -6At?A) ioto7i P". 14 o1 ' $ W1 R Form 3039 1/01 I BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (0 6AIPA) ro:on Liddy V - (Seal) WILLIAM J. RAGA Borrower MICHELLE LEE RAGNI wer _ (Seal) (Seal) -Borrower -BnnoWer _ (Seal) -Borrower _ (Seal) -Borrower Pay. is of 16 (Seal) -Borrower _ (Seal) -Borrower 0312235620 Form 3039 1101 Certificate of Residence ?1 L 4FA) do hereby certify that the correct address of the within-named Lender is 15030 Avenue of science 1100 San Diego CA 92128 Witness my hand this 313t day of December, 2003 z/U/ A;erd of Lender CONLMONWEALTIf OF PENNSYLVANIA, C LIM4 CA-4 4,-t1V County ss: On this, the / day of ??t K ni ej I.? , x- U?3 before me, the undersigned officer, personalty appeared WILLIAM J. RAGNI, MICHELLE LEE RAGNI known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires- Karen L 8utt:rt, ?Y PtbGC ta0 eoro. QntbeAartd CarNY MY Cornrtkston E?Yes Nov. 24.2006 M*"?r• ASSOaeYonaPlpmAB. t Tirk of Officer C 0312235620 ww lot; 6AtPA) aro» hpo ISO 16 Fwm 3039 t/Ot zj t 4/ l . 0 i • ?ilw?? ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 31st day of December 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Accredited Hcme Lenders, Inc., A California Corporation (the "Lender") of the same date arid covering the Property described in the Security Instrument and located at: 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument. Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.950 6. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of February 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date". (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the MULTISTATE ADJUSTABLE RATE RIDER-LSaOR INDEX - Single Fnm:ly - FifLMC - AHL Modified 9?!'0'1ls.4?(/L_ NiN / 100176103172356205 RACMS Loan / 031223562d•-L.??• . ARL060I-1.UFF Pane I of 3 • 16 firsL business day of the month immediately preceding to month in which the. Charge Date occurs is called the "Current index". If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable infornation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Hefore each Change Date, the Note liclcer wit: calculate my new interest rate by adding five And Forty-five HUn3redth(s) percentage Point (S) ( S 450 4) to the Current Index. The Note Holder will then, round the result of this addition t.o the nearest of one-eighth of one percentage point (0.1254). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Charge Date in,full cn the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at first Change Date will not be greater than 8.450 4 or less than 6.950 4. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage point(1.500 %) from the rate of interest 1 have been for the preceding six months. paying My interest rate will never be greater thanl3•950 4 or less than 6.950 4. (E) Effective Date of Changes My new interest rate will become effective on each Charge Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail Lo me a notice of any changes in my interest rate and the amouat of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding tie notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. It all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDEX - Single f-I y - FfIL+J - AR: Modified 4/01 MIN # 300176103122356205 RAGNI Loan 0 0312235620 tl) ?.(k Atfi, 4601-2.UFF Page 2 of 3 0 0 Borrower is not a natural person) without Lender's prior written consent, lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall riot be exercised by Lender if such exercise is prohibited by applicable law. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration.. She notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) AB.Borrower rrower WILLIAM J. RAGNI MICHELLE LEE RAGNi Borrower (seal) - - (Seal) Borrower Borrower (Seal) - ---.-.._ (Seal) Borrower Borrower -(Seal) - _. (Seal) Borrower MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDEX - single Fa,ily - FHLMC - AHL Modified 4101 MIN 1 100176103122356205 R&GH1 Loan 1 0712235620 AtIL 5601-3.UFF Page 3 of 3 • • l ARBITRATION RIDER THIS ARBITRATION RIDER is made this 31st day of December, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note or Adjustable Rate Note (the "note") to Accredited Home Lenders, Inc. A California Corporation (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 (Property Address) This Arbitration Rider is signed as part of your Agreement with Lender or any assignee of Lender and is made a part of that Agreement. By signing this Arbitration Rider, you agree that either Lender or any assignee of Lender or you may request that any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law: or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third party claims, arising from or relating to this Agreement or the relationships which result from this Agreement, including the validity or enforceability of this arbitration clause, any part thereof of the entire Agreement ("Claim"), shall be resolved, upon the election of Lender, any assignee of Lender or you, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator selected at the time the Claim is filed. The party initiating the arbitration proceeding shall have the right to select one of the following three arbitration administrators: the National Arbitration Forum ("NAP), the American Arbitration Association ("AAA") or JAMS ("JAMS"). The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge. The arbitrator shaft be independent of and unrelated to you or Lender or any assignee of Lender. The rules and forms of the NAF, AAA and JAMS may be obtained by writing to or calling these organizations at the addresses and/or telephone numbers listed below. Our address for service of process under this provision is the Lenders address as stated in page one of the Agreement or the address of any assignee of Lender. Any participatory arbitration hearing that you attend will take place in the city nearest to your residence where a federal district court is located or at such other location as agreed by the parties. If Lender or any assignee of Lender files a Claim, Lender or any assignee of Lender shall pay all filing costs. If you file a Claim, filing costs and administrative fees. (other than hearing fees) shall be paid as follows: (a) you agree to pay for the initial cost of filing the Claim up to the maximum amount of $100.00; (b) at your request or if required by the arbitration administrators rules, we will pay for filing costs over $100.00 and for any administrative fees charged by the arbitration administrator on any Claim submitted by you up to a maximum of the amount of the filing fees that would be charged by the arbitration administrator for a Claim equal to your ban amount; and (c) all filing costs and/or administrative fees in excess of the amount of the filing fees that would be charged by the arbitration administrator for a Claim equal to your loan amount shalt be paid by you. The cost of up to one full day of arbitration hearings will be shared equally between the parties. Fees for hearings that exceed one day will be paid by the requesting party. The pparties shall each bear the expense of their respective attorney s fees, except as otherwise provided by M. If a statute gives you the right to recover any of these fees, or the fees paid to the arbitration administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. It the arbitrator issues an award in our favor you wig not be required to reimburse us for any fees we have previously paid to the arbitration administrator or for which we are responsible. MIN • 1001762031 Initials: 1? 22356205 RAGir2 AHL AR9RIDR.UEr Palle 1 of 3 L-0211 I 0322235620 2,J ?` a,o?I 0 This Arbitration Rider is made pursuant to a transaction involving interstate Commerce, and shall be applicable governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the "FAA-). The arbitrator shall apply substantive law Consistent with the FAA, including laws concerning reception, rejection and consideration of evidence, and shad, at the request of any party, provide written reasoned findings of fact and conclusions of law. The arbitrators award shag not be subject to appeal except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgment upon the award may be entered in any court having jurisdiction. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to impose sanctions and to take such other actions as the arbitrator deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of Civil Procedure. This Arbitration Rider shall survive repayment of your ban and/or termination of the Agreement. If any portion of this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Rider of the Agreement. In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this Arbitration Rider, this Arbitration Rider shag govern. No class actions or joinder or consolidation of any Claim with the claim of any other person are permitted in arbitration without the written consent of the parties. No provision of, nor the exercise of any rights under this Arbitration Rider shall limit the right of any party during the pendency of any Claim, to seek and use ancillary or preliminary remedies, judicial or otherwise, for the purposes of realizing upon, preserving, protecting or foreclosing upon any property involved in any Claim or subject to the loan documents. The use of the courts shall not constitute a waiver of the right of any party, including the plaintiff, to submit any Claim to arbitration nor render inapplicable the compulsory arbitration provisions contained in this Arbitration Rider. THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. YOU ALSO ACKNOWLEDGE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE, CLAIMANT OR MEMBER OF ANY CLASS ACTION PERTAINING TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION, EVEN IF SUCH CLASS ACTION IS PENDING ON THE DATE OF THIS ARBITRATION RIDER, EXCEPT THAT THIS ARBITRATION RIDER WILL NOT PRECLUDE YOUR PARTICIPATION IN A CLASS WHICH HAS ALREADY BEEN CERTIFIED BY A COURT OF COMPETENT JURISDICTION ON OR BEFORE THE DATE OF THIS ARBITRATION RIDER. You may contact, obtain the arbitration rules of, or file a Claim with NAF, AAA, or JAMS as follows: National Arbitration For u , F.O. Box 50191 American Arbitration Association 1150 Connecticut Ave NW 6th Fl JAM.SJEndispute Minneapolis, MN 55405 . , oor Washington, DC 20036-4140 45 N Broadway New York, NY 10005 www.arb-forum.org Code of Procedure www.adr.org Arbitration Rules for Consumer ar l r Related Disputes (Claims Fin ces anc ial al Services Finrvices Arbitration Rules and under $10 000) Arbitration Rules Commercial Procedures. (all other claims). [\Iklo "IN 9 ID0276303222356205 RAGNI Initials: AHL ARBRIDR2.UFF Page 2 2 of 3 Loan I 0312235620 2,14 Ct , BY SIGNING BELOW, Borrower accepts and agrees t Rid o the terms and covenants contained in this Arbitrati er, on Borrower Date WILLIAM J. RAGNI Borrower MICHELLE LEE RAGNI ate Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Dare MIN a 100176103122356205 RAGNI Zoan 1 0312235620 A/iL ARBRIDR3. UfF Page 3 of 3 0 12/30/2003 14:34 FAX 7179018266 ALLII) BOtr$ XTr, CORp 12i3Cv2oo3 l4 ?9 i• Conestogs rate In3uranee Company i Commitment Number. 20031200$2- SCHEDULE C PROPERTY DESCRIPTION i ® 019 NO. 1.74 DMG The tartd n4wed to In lhis Comm S. AM VW certain parcel of land CCounty, Commomrrealth of Penwo/Warda, more particulad 8epinnfng at a point on the north rightc4 -way tine of Va6ey 13roofc DrN% swid point bft tocut to South 33 dd Rylwd 3?em&Mw 3s d6 avast a dWance of 889 feet from the lydereectlon of low" "W d-way fsw and ivsy ka of Vefleybrook Drive sW being the northw eft comer of Vellaybrook OrNe as conw3yW to Heroden Township and Indicated on the approv ad Resrbed Final Subdnision Plan for Hampden Hearth Phase 1; Therm south 33 degrees 32 m mutes 3b pocx s West along other fonds of Hampden Hewth .joint venture, a dlemnoe of 91-81 feet b s point at the comer of otter lands of Hampden Hearth Joint Venture; Thence North 49 degrees 42 mIrwin 49 seconde West, along the same; a distance of 112.34 feet to a concrete monwrront on ire mm a and begq go soul em comer of tot 39; Thence North 37 degrees 23 minuW 28 secand9 East along the southeast here of Lot 39, a dMarm ed 100.12 fast to e on the west rlghpaR v&V tins of Sylsnd Drive and WkV to eratarn corner of tat 31k Thence South 49 depress 42 m intaoe 60 seconds East along Ow w est right-a-" nne of Ryland Drive, a dWanas of 98.63 feet to a point of curvature; Thence on a cufVt to the right hair irg a radius of 10.00 feet, an arc terr9th of 14.63 foot a delta angle of 83 degrees 15 minu6ea 25 seconds, a chard bearing South 06 deprave 05 m hLfts 07 seconds Easd a distance of 13.29 feet to the point of b9*nirV. and acr* irg 10.878.97 3quwo f eat or 0260 acres of lend more or less. 13eirg Lot 3a on the Ravrsed Final SiAtdivtslon Plan Phase I. Hamptim Hearth, recopied in Pion Hook 81, page 13.Ownberiand Conny COtatirouse. 491, Imtd?too%nsand at?sem ttrte6 tiled on SBptem ber21,19ti7. In Mist Book 340. r 491n C G Penrwy)6e. . Parcel t.10-161062.088 FOR INFORMATIONAL PURPOSES ONLY. cum' 1; ' County Iwo prop" aasawad as 1451 Ryland Drive and Valleybrook Drive ESN dull f2001n2o042Pl?l100p1200671Lt) 0 I Legal Description Addendum Borrowers:WILLIAM J. RAGNI, MICHELLE LEE RAGNI Loan #:0312235620 Property Address:1051 RYLAND DRIVE MECHANICSBURG, PA 17050 Legal Description SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE APART THEREOF MIN 1 100176103122356205 Initial HAGNI Loan 6 0312235620 AHL 610101.UF'F Page 1 of 1 y? W (i ?. a 0 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOT+(EftCONTAIw/?N8'P/(VPROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 12/31/2003 MECHANICSBURG PENNSYLVANIA [City) [State) 1451 RYLAND DRIVE , MECHANICSBURG, PA 17050 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ $139,750.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Accredited Home Lenders, Inc., A California Corporation 2. INTEREST Interest will be charged on unpaid principal until the full amount of orincioal has been paid. I will pay interest at a yearly rate o° 6.950 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Sections 4 of this Note is the rate I will pay both before and after any default described in section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments every month. ""arc! I will make my monthly payments on the Ist day of each month beginning on 1, 2004 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February 01, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date". I will mace my monthly payments at P.O. Box 502480 San Diego, CA 92150-2480 , or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in :he amcunt of U.S.S925.08 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my :oan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of February 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Chance Date". (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market as published in the Wall Street Journal. The mcst recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occ::rs is called the "Current Index". If the Inaex is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will rive me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note -older will calculate my new interest rate by adding Five And Forty-five Hundredth(s) percentage points( 5.450 t) to the Current Index. The Note Holder will then round the result of this addition to the nearest of one-eighth of one percentage point (0.1258). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MULCISTATE ADJUSTABLE RACE NO?E-LIBOR INn-tx - 51.191 Faat:y - fN'* C - 6 ContC form 3590 7/92 (modified) AkL r. dlflcd 9/97 Initials; MM 0 100176303122356205 A11C;N2 Loan t 031 322235620 GIVING OF NOTICES Unless applicable law requires a different nethod, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing :t by first class mail to the Note holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one persons signs his Note, each person is fully and personally obligated to keep all of the t:ronises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is a:so obligated to keep all of the promises made in this Note. The Note :folder may enforce its right under this Note against each person individually or against all of us together. This neans that any one cf us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note )colder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument wit:-, limited variations in some jurisdictions. In addition. to the protections Given to the !rote Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make irurediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is so:d or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of al: s::ns secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, :ender may invoke any remedies permitted by this Security instrument without further notice or demand or. Borrower. Witness The Hand(s) and Seal(s) Of The undersigned 40 d- 31L?L.?(Seal) call WILLIAM J. RAGNI grower Borrower MICNcLLE LcE RAGNI ----?- - -.-(Beall Borrower ___-(Seal) Borrower Borrower - (Seal) Borrower .-(Seal) Borrower -(Seal) Borrower Sign Original Only MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX - sj -tq,e F=11y - m is - 6 month Form 3590 7/92 (R Ciried) AML eod rtad 9/97 WIN 0 100176103122356205 HAQR Lean # 0312235620 AHL 2301-3.UFF EXHIBIT `C ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE August 4, 2006 WILLIAM J. RAGNI 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired 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 find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: WILLIAM J. RAGNI & MICHELLE LEE RAGNI 1451 RYLAND DRIVE, MECHANICSBURG, PA 17050 0312235620 MERS AS NOMINEE FOR ACCREDITED HOME LENDERS, INC. MERS AS NOMINEE FOR ACCREDITED HOME LENDERS, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1451 RYLAND DRIVE, MECHANICSBURG, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 6/ 1 /06 thru 8/ 1 /06 at $1,154.39 per month. Monthly Payments Plus Late Charges Accrued: $3,518.67 Other Fees: 100.00 Suspense: ($0.00) TOTAL AMOUNT TO CURE DEFAULT $3,618.67 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A 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 $3,618.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: Accredited Home Lenders, 16550 West Bernardo Drive, Bldg. 1, San Diego, CA 92127, Contact name: Jodi Shimmel. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. .if RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri hg t to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements 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 POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Name Accredited Home Lenders Address 16550 West Bernardo Drive, Bldg. 1 City and State: San Diego, CA 92127 Tel no. 1-866-307-0315 ext. 5464 Contact name: Jodi Shimmel EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX_ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, 1?'reptto czaaty law ATTORNEY FOR LENDER 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. r 410 CUMBERLAND County a Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 0 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Scott Conradson, Assist Vice President ? ? VI J :.. ?? S1 -71 ` It i t ?1 .. LAW QFFICES OF GREGORY JAVARDIAN .•`I'Y: JGREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MFRS) P.O. BOX 2026 FLINT, MI 48501-2026 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM vs. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. and MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER, Defendants, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $140,773.84 Interest 11/1/06 to 12/11/06 1.059.03 TOTAL $141,832.87 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. a' - / GREG Y J VARDIAN, ESQUIRE Attorn y /for ]Plaintiff Damages are hereby assessed as indicated. DATE: PK0PRQ4TfY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) Plaintiff V. WILLIAM J. RAGNI A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI A/K/A MICHELLE L. SIPLER Defendants in The Court of Common Pleas Cumberland County No. 06-06373 CIVIL TERM TO: WILLIAM J. RAGNI A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: 12/1/2006 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S. Bedford Street Carlisle, PA 17413 fl (800) 990-9108 (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard I' Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. A] no tomar ]a accion debida dentro de un termino de diez (10) dias de esta notification, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. (MFRS) CUMBERLAND COUNTY vs. No.: 06-06373 CIVIL TERM WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, 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) Defendants, WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. and MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER, 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) Defendant, WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR., is over 18 years of age, and resides at 1451 RYLAND DRIVE, MECHANICSBURG, PA 17050. (c) Defendant, MICHELLE LEE RAGNI A/K/A MICHELLE LEE A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER, is over 18 years of age, and resides at 1451 RYLAND DRIVE, MECHANICSBURG, PA 17050. (d) Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of P.O. BOX 2026, FLINT, MI 48501-2026. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GREG(?V J ARDIAN, ESQUIRE V r'' CD i? TM err ? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RAGNI WILLIAM J ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, thE? within COMPLAINT - MORT FORE was served upon Tl T/? TTT T.T TT T TT T/f T A V A TAT T T.T.T Z\M .T 'PA ;'T\TT QTR the DEFENDANT , at 1649:00 HOURS, on the at 1451 R.YLAND DRIVE MECHANICSBURG, PA 17050 by handing to MICHELLE LEE REGNI ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32 11/09/2006 GREGORY JAVARDIAN Sworn and Subscibed to By: before me this day Deputy Sheriff 8th day of November , 2006 of , A. D. SHERIFF'S RETURN - REGULAR ' *CASE NO: 2006-06373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RAGNI WILLIAM J ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAGNI MICHELLE LEE AKA LEE AKA SHELLY L RAGNI AKA SIPLER the DEFENDANT , at 1649:00 HOURS, on the 8th day of November , 2006 at 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00 11/09/2006 GREGORY JAVARDIAN Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. (MERS) CUMBERLAND COUNTY P.O. BOX 2026 FLINT, MI 48501-2026 No.: 06-06373 CIVIL TERM vs. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $141,832.87 Interest from 12/11/06 to Date of Sale @ $23.31 per diem $ Subtotal (Costs to be added) GREG Y AVARDIAN, ESQUIRE Attorn for Plaintiff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ?v T # F ' sv i SUI 0 o 91 -ra 00 03 CP r. ?? -v -s- _ cam: r ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described to wit: BEGINNING at a point on the north right-of-way line of Valleybrook Drive, said point being located South 33 degrees 32 minutes 35 seconds West a distance of 8.89 feet from the intersection of the west right-of-way line of Ryland Drive and the north right-of-way line of Valleybrook Drive and being the northwest corner of Valleybrook Drive as conveyed to Hampden Township and indicated on the approved Revised Final Subdivision Plan for Hampden Hearth Phase I; THENCE South 33 degrees 32 minutes 35 seconds West, along other lands of Hampden Hearth Joint Venture, a distance of 91.81 feet to a point at the corner of other lands of Hampden Hearth Joint Venture; THENCE North 49 degrees 42 minutes 49 seconds West, along the same, a distance of 112.34 feet to a concrete monument on the same and being the southern corner of Lot 39; THENCE North 37 degrees 25 minutes 26 seconds East, along the southeast line of Lot 39, a distance of 100.12 feet to a point on the west right-of-way line of Ryland Drive and being the eastern corner of Lot 39; THENCE South 49 degrees 42 minutes 50 seconds East along the west right-of-way line of Ryland Drive, a distance of 96.63 feet to a point of curvature; THENCE on a curve to the right having a radius of 10.00 feet, an arc length of 14.53 feet, a delta angle of 83 degrees 15 minutes 25 seconds, a chord bearing South 08 degrees 05 minutes 07 seconds East a distance of 13.29 feet to the point of beginning, and containing 10,876.97 square feet or 0.250 acres of land more or less. BEING Lot 38 on the Revised Final Subdivision Plan Phase I, Hampden Hearth, recorded in Plan Book 61, Page 13, Cumberland County Courthouse. HAVING thereon erected a dwelling being known and numbered as 1451 Ryland Drive, Mechanicsburg, PA 17050 BEING THE SAME PREMISES which Fine Line Homes, Inc., a Pennsylvania corporation, by Deed dated August 16, 1993 and recorded August 19, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L 36, Page 1194, granted and conveyed unto William J. Ragni and Michelle Lee Ragni, husband and wife. Parcel No. 10-16-1062-069 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) vs. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1451 RYLAND DRIVE, MECHANICSBURG, PA 17050: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 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) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. r G O Y JAVARDIAN, ESQUIRE Att e for Plaintiff February 8, 2008 ? 0 C ? -n CrJ .,?r`? c.n LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MFRS) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER No.: 06-06373 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied O Vacant O Commercial O As a result of Complaint in Assumpsit (X) Act 91 complied with GRE RY AVARDIAN, ESQUIRE Atto y fo Plaintiff n v 97ti `t ,., m Fr, LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 Your house (real estate) at 1451 RYLAND DRIVE, MECHANICSBURG, PA 170507 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2008 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $141,832.87, obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MFRS), against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described to wit: BEGINNING at a point on the north right-of-way line of Valleybrook Drive, said point being located South 33 degrees 32 minutes 35 seconds West a distance of 8.89 feet from the intersection of the west right-of-way line of Ryland Drive and the north right-of-way line of Valleybrook Drive and being the northwest corner of Valleybrook Drive as conveyed to Hampden Township and indicated on the approved Revised Final Subdivision Plan for Hampden Hearth Phase I; THENCE South 33 degrees 32 minutes 35 seconds West, along other lands of Hampden Hearth Joint Venture, a distance of 91.81 feet to a point at the corner of other lands of Hampden Hearth Joint Venture; THENCE North 49 degrees 42 minutes 49 seconds West, along the same, a distance of 112.34 feet to a concrete monument on the same and being the southern corner of Lot 39; THENCE North 37 degrees 25 minutes 26 seconds East, along the southeast line of Lot 39, a distance of 100.12 feet to a point on the west right-of-way line of Ryland Drive and being the eastern corner of Lot 39; THENCE South 49 degrees 42 minutes 50 seconds East along the west right-of-way line of Ryland Drive, a distance of 96.63 feet to a point of curvature; THENCE on a curve to the right having a radius of 10.00 feet, an arc length of 14.53 feet, a delta angle of 83 degrees 15 minutes 25 seconds, a chord bearing South 08 degrees 05 minutes 07 seconds East a distance of 13.29 feet to the point of beginning, and containing 10,876.97 square feet or 0.250 acres of land more or less. BEING Lot 38 on the Revised Final Subdivision Plan Phase I, Hampden Hearth, recorded in Plan Book 61, Page 13, Cumberland County Courthouse. HAVING thereon erected a dwelling being known and numbered as 1451 Ryland Drive, Mechanicsburg, PA 17050 BEING THE SAME PREMISES which Fine Line Homes, Inc., a Pennsylvania corporation, by Deed dated August 16, 1993 and recorded August 19, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L 36, Page 1194, granted and conveyed unto William J. Ragni and Michelle Lee Ragni, husband and wife. Parcel No. 10-16-1062-069 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6373 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff (s) From WILLIAM J. RAGNI, a/k/a WILLIAM J. RAGNI, JR., MICHELLE LEE RAGNI, a/k/a MICHELLE LEE, a/k/a MICHELLE L. SIPLER (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 $141,832.87 L.L.$ 0.50 Interest from 12/11/06 to Date of Sale @ $23.31 per diem Atty's Comm % Due Prothy $2.00 Arty Paid $147.32 Other Costs Plaintiff Paid Date: 2/13/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name GREGORY JAVARDIEN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD, 1sT FLOOR SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Mortgage Electronic Registration Systems Inc In The Court of Common Pleas of VS Cumberland County, Pennsylvania William J. Ragni a/k/a William J. Ragni, Jr. and Writ No. 2006-6373 Civil Term Michelle Lee Ragni a/k/a Michelle Lee a/k/a Shelly L. Ragni a/k/a Michelle L. Sipler R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Gregory Javardian. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Levy Surcharge So Answers: R. Thomas Kline, Sheriff BY,,j 6 Real Estat ergeant 30.00 60.00 15.00 .50 2.00 12.48 15.00 30.00 $ 164.98 ? 42 Y10'y 7' CAA ` ?.- ck_ La939 Rt,'- z-oG eL 1 w MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) vs. WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1451 RYLAND DRIVE. MECHANICSBURG, PA 17050: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 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) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 I verify that the statements made in this affidavit are hue and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. 4??- - G Y JAVARDIAN, ESQUIRE Att a for Plaintiff February 8, 2008 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER 1451 RYLAND DRIVE MECHANICSBURG, PA 17050 Your house (real estate) at 1451 RYLAND DRIVE, MECHANICSBURG PA 17050, is scheduled to be sold at Sheriffs Sale on JUNE 11. 2008 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $141,832.87, obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the fW1 amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described to wit: BEGINNING at a point on the north right-of-way line of Valleybrook Drive, said point being located South 33 degrees 32 minutes 35 seconds West a distance of 8.89 feet from the intersection of the west right-of-way line of Ryland Drive and the north right-of-way line of Valleybrook Drive and being the northwest comer of Valleybrook Drive as conveyed to Hampden Township and indicated on the approved Revised Final Subdivision Plan for Hampden Hearth Phase I; THENCE South 33 degrees 32 minutes 35 seconds West, along other lands of Hampden Hearth Joint Venture, a distance of 91.81 feet to a point at the comer of other lands of Hampden Hearth Joint Venture; THENCE North 49 degrees 42 minutes 49 seconds West, along the same, a distance of 112.34 feet to a concrete monument on the same and being the southern corner of Lot 39; THENCE North 37 degrees 25 minutes 26 seconds East, along the southeast line of Lot 39, a distance of 100.12 feet to a point on the west right-of-way line of Ryland Drive and being the eastern comer of Lot 39; THENCE South 49 degrees 42 minutes 50 seconds East along the west right-of-way line of Ryland Drive, a distance of 96.63 feet to a point of curvature; THENCE on a curve to the right having a radius of 10.00 feet, an arc length of 14.53 feet, a delta angle of 83 degrees 15 minutes 25 seconds, a chord bearing South 08 degrees 05 minutes 07 seconds East a distance of 13.29 feet to the point of beginning, and containing 10,876.97 square feet or 0.250 acres of land more or less. BEING Lot 38 on the Revised Final Subdivision Plan Phase I, Hampden Hearth, recorded in Plan Book 61, Page 13, Cumberland County Courthouse. HAVING thereon erected a dwelling being known and numbered as 1451 Ryland Drive, Mechanicsburg, PA 17050 BEING THE SAME PREMISES which Fine Line Homes, Inc., a Pennsylvania corporation, by Deed dated August 16, 1993 and recorded August 19, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L 36, Page 1194, granted and conveyed unto William J. Ragni and Michelle Lee Ragni, husband and wife. Parcel No. 10-16-1062-069 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6373 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff (s) From WILLIAM J. RAGNI, a/k/a WILLIAM J. RAGNI, JR., MICHELLE LEE RAGNI, a/k/a MICHELLE LEE, a/k/a MICHELLE L. SIPLER (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 $141,832.87 L.L.$ 0.50 Interest from 12/11/06 to Date of Sale @ $23.31 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $147.32 Plaintiff Paid Date: 2/13/08 Other Costs P othonota (Seal) REQUESTING PARTY: Name GREGORY JAVARDIEN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD, 1sT FLOOR SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF By: Deputy Telephone: 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale # 40 On February 26, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 1451 Ryland Drive, Mechanicsburg, ' =GQ more fully described on Exhibit "A" filed with this writ and by this reference: incorporated herein. Date: February 26, 2008 By: j'( -4? Real Es to Sergeant LO .I d h 1 93? 80D1 ?3?12i3HS j??i ; J? LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) vs WILLIAM J. RAGNI, A/K/A WILLIAM J. RAGNI, JR. MICHELLE LEE RAGNI, A/K/A MICHELLE LEE, A/K/A SHELLY L. RAGNI, A/K/A MICHELLE L. SIPLER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-06373 CIVIL TERM WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) relative to the above matter. Z/42, 4?4? , G GO ARDIAN, ESQUIRE A orney fo laintiff Dated: D? q ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), relative to the above matter. Dated: 3/7/07 6-" a-, BARBARA FEIN, E: Attorney for Plaintiff ??? c? ?v ;? ? U ,,-.; ' ? -r ? ? ? ??,, ? I ? ?~ t ? ? ? ,? ?,J ?1 ??,. --?i7 `"?. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff, v DOCKET NO. 06-06373 WILLIAM J. RAGNI a/k/a WILLIAM J. RAGNI, JR. and MICHELLE LEE RAGNI a/k/a MICHELLE LEE a/k/a MICHELLE L. SIPLER, Defendants. ENTRY OF APPEARANCE TO THE PROTHONTARY: Kindly enter the appearance of the undersigned counsel on behalf of the Plaintiff in the above captioned matter, superseding current counsel, The Law Offices of Gregory Javardian, and specifically Gregory Javardian, Esquire, PA Attorney ID No. 55669. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. VEIN, PC BY: m) ? 1 Dated;- e LT 9 Barbara A. Fein, Esquire/ Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 File No. 09-15301 .. n " w 7l w tv ? THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), Plaintiff, V. WILLIAM J. RAGNI a/k/a WILLIAM J. RAGNI, JR. and MICHELLE LEE RAGNI a/k/a MICHELLE LEE a/k/a MICHELLE L. SIPLER, Defendants.. File No. 09-15301 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 06-06373 PRAECIPE TO WITHDRAW / VACATE JUDGMENT AND TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly withdraw / vacate the judgment entered in the above captioned mortgage foreclosure action. Then please mark the matter settled, discontinued and ended without prejudice to Plaintiff. March 19, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 n ?'- ? ? co ? .? g 0 ?""' ''?' ? ?? v`} ' -? f, ?- ? ??? ??> ? ?