Loading...
HomeMy WebLinkAbout02-2976COUNTRYWIDE HOME LOANS, 1NC., Plaintiff VS. ALFONSO CIERVO DAWN CIERVO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2976 Civil Term : : : : ACTION IN ASSUMPSIT NOTICE TO PI,EAD You are hereby notified to file a written response to the enclosed New Matter and Counterclaim, within twenty (20) days from service hereof or a judgment may be entered against you. Josel~h B .~r6~l~el Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 COUNTRYWIDE HOME LOANS, INC., Plaintiff VS. ALFONSO CIERVO DAWN CIERVO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2976 Civil Term . : : ACTION IN ASSUMPSIT ANSWER Vt/ITH NEW MATTER AND COIINTERCI,AIh,! AND NOW, come the defendants, Alfonso Ciervo and Dawn Ciervo, by their counsel, Joseph B. Sobel, and make the following Answer: 1. Admitted. 2. Admitted in part, and denied in part. The names and address of the defendants are admitted. It is denied that either Defendant is, with respect to the transaction in question (hereinafter "transaction"), a mortgagor of the property identified in the Complaint (hereinafter "property"). 3. Denied. On the contrary, Defendant Dawn Ciervo was neither a signatory nor in any other capacity a party to or beneficiary with respect to the transaction. As to Alfonso Ciervo, the allegation is admitted in part, and denied in part. It is admitted that he executed the purported mortgage attached as Exhibit A. It is denied that the transaction was completed in any respect, that any loan proceeds were received by him or advanced on his behalf or that he in any way benefited as a result of the purported transaction. On the contrary, he was assured that all purported documentation had been or would be promptly destroyed. As to both Defendants, no mortgage was delivered to Plaintiff. On the contrary, as shown on the purported mortgage attached as Exhibit A, the purported mortgagee is People's Choice Home Loan, Inc. 4. Denied. Defendants incorporate paragraph 3 herein by reference; moreover, no mortgage against the property of Defendants, even if recorded, could not have attached to the property. 5. Denied. Defendants incorporate paragraph 3 herein by reference with respect to execution and delivery of the mortgage. It is further denied that either Defendant at any time executed or delivered a note to Plaintiff, nor is any note attached as an Exhibit to the Complaint as served on the Defendants. 6. Defendants incorporate paragraph 5 herein by reference. 7.(a) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (b) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (c) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (d) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. 8. Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs Complaint, with costs of this action. NEW MATTER 9. Defendant incorporates paragraphs 1 through 8 herein by reference. 10. Regardless what documents may have been signed by either of the Defendants, the transaction was not consummated, no performance was rendered to or for the benefit of either of the Defendants, with resulting failure of consideration. 11. The transaction is illegal in that it fails to comply with applicable state and federal statutes governing loans to be secured by residential real estate, including but not limited to the Real Estate Settlement Procedures Act of 1974, the Federal Troth in Lending Act, Title I of the Consumer Credit Protection Act, (Public Law 90-321) and Loan Interest and Protection Law, Act of January 16, 1974, No. 6 (PL 13), codified at41 PS 401 et seq. 12. The transaction is void as against public policy, for the reason set forth in paragraph 11, incorporated by referenced herein. WHEREFORE, Defendants respectfully requests that this Court enter judgment in their favor and against Plaintiff, together with costs of this action. COIINTFRCI ,AIM 13. Defendant incorporates paragraphs 1 through 11 herein by reference. 14. By virtue of violations of state and federal remedial statutes, Plaintiff is liable to Defendants for damages in an amount as yet undetermined. 15. As to Defendant Dawn Ciervo, who under no factual or legal theory may be considered a party to the transaction or liable on any other basis to Plaintiff, the above-captioned lawsuit is patently frivolous. WHEREFORE, Defendants demand judgment against Plaintiff in an amount in excess of $25,000.00, with attorneys fees and costs to the extent authorized by statute, and for such other relief as is just, necessary or proper. Respectfully submitted, Josep[~ 13(~obel Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 VERIFICATION We, ALFONSO CIERVO and DAWN CIERVO, Defendants in the foregoing action, verify that the statements made in the foregoing Answer with New Matter and Counterclaim, are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. ~F~ CI~RVO DAWN CIERVO v~~--~ CERTIi~ICATE Oie ~RERVICE I hereby certify that on the 5th day of August, 2002, a true and correct copy of the foregoing Answer with New Matter and Counterclaim was served upon Plaintiff by mailing same by United States mail, first class, postage pre-paid, to its attorney of record, at the following address: JOSEPH A GOLDBECK JR ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BLDG 111 S INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Jose~h'~B.~ffb~ Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 COUNTRYWIDE HOME LOANS, INC., Plaimiff VS. ALFONSO CIERVO DAWN CIERVO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2976 Civil Term : : : ACTION IN ASSUMPSIT NOTICIZ TO PI ,F~AD You are hereby notified to file a written response to the enclosed New Matter and Counterclaim, within twenty (20) days from service hereof or a judgment may be entered against yOU. Joseph B. 8~6[iv Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 COUNTRYWIDE HOME LOANS, INC., Plaintiff VS. ALFONSO CIERVO DAWN CIERVO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2976 Civil Term : : : ACTION IN ASSUMPSIT ANgVCER VClTH NEW MATTER AND CC}IINTERCI ,AIM ~,NgWER AND NOW, come the defendants, Alfonso Ciervo and Dawn Ciervo, by their counsel, Joseph B. Sob¢l, and make the following Answer: 1. Admitted. 2. Admitted in part, and denied in part. The names and address of the defendants are admitted. It is denied that either Defendant is, with respect to the transaction in question (hereinafter "transaction"), a mortgagor of the property identified in the Complaint (hereinafter "property"). 3. Denied. On the contrary, Defendant Dawn Ciervo was neither a signatory nor in any other capacity a party to or beneficiary with respect to the transaction. As to Alfonso Ciervo, the allegation is admitted in part, and denied in part. It is admitted that he executed the purported mortgage attached as Exhibit A. It is denied that the transaction was completed in any respect, that any loan proceeds were received by him or advanced on his behalf or that he in any way benefited as a result of the purported transaction. On the contrary, he was assured that all purported documentation had been or would be promptly destroyed. As to both Defendants, no mortgage was delivered to Plaintiff. On the contrary, as shown on the purported mortgage attached as Exhibit A, the purported mortgagee is People's Choice Home Loan, Inc. 4. Denied. Defendants incorporate paragraph 3 herein by reference; moreover, no mortgage against the property of Defendants, even if recorded, could not have attached to the property. 5. Denied. Defendants incorporate paragraph 3 herein by reference with respect to execution and delivery of the mortgage. It is further denied that either Defendant at any time executed or delivered a note to Plaintiff, nor is any note attached as an Exhibit to the Complaint as served on the Defendants. 6. Defendants incorporate paragraph 5 herein by reference. 7.(a) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (b) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (c) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. (d) Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. 8. Defendants incorporate paragraphs 3 and 5 herein by reference. After reasonable investigation, Defendants can neither confirm nor deny the allegation, which is accordingly denied and proof demanded. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs Complaint, with costs of this action. NEW MATTER 9. Defendant incorporates paragraphs 1 through 8 herein by reference. 10. Regardless what documents may have been signed by either of the Defendants, the transaction was not consummated, no performance was rendered to or for the benefit of either of the Defendants, with resulting failure of consideration. 11. The transaction is illegal in that it fails to comply with applicable state and federal statutes goveming loans to be secured by residential real estate, including but not limited to the Real Estate Settlement Procedures Act of 1974, the Federal Truth in Lending Act, Title I of the Consumer Credit Protection Act, (Public Law 90-321) and Loan Interest and Protection Law, Act of January 16, 1974, No. 6 (PL 13), codified at 41 PS 401 et seq. 12. The transaction is void as against public policy, for the reason set forth in paragraph 11, incorporated by referenced herein. WHEREFORE, Defendants respectfully requests that this Court enter judgment in their favor and against Plaintiff, together with costs of this action. COIINTERCI,AIM 13. Defendant incorporates paragraphs 1 through 11 herein by reference. 14. By virtue of violations of state and federal remedial statutes, Plaintiff is liable to Defendants for damages in an amount as yet undetermined. 15. As to Defendant Dawn Ciervo, who under no factual or legal theory may be considered a party to the transaction or liable on any other basis to Plaintiff, the above-captioned lawsuit is patently frivolous. WHEREFORE, Defendants demand judgmem against Plaintiff in an amount in excess of $25,000.00, with attorneys fees and costs to the extent authorized by statute, and for such other relief as is just, necessary or proper. Respectfully submitted, Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 CERTIFICATE OI~ ~ERVICE I hereby certify that on the 2nd day of August, 2002, a tree and correct copy of the foregoing Answer with New Matter and Counterclaim was served upon Plaintiff by mailing same by United States mail, first class, postage pre-paid, to its attorney of record, at the following address: JOSEPH A GOLDBECK JR ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BLDG 111 S INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Joseph B(. ~otbel Attorney for Defendants I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 GOLDBECK McCAFFERTY 8: McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG, 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS 1NC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. ALFONSO CIERVO DAWN WOODWARD 2148 Chestnut Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS · OF Cumberland COUNTY CIVIL ACTION - LAW . ACTION OF ASSUMPSIT Term No. O~--~J~7/.., NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must teke action within tweniy (20) days aRer the Complaint and notice are served, by entering a wfitien appearance personally or by attorney and filing in writing with the court your dethnses 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 judgraent 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 PlalntifE You may lose money or property or other fights impomm to you. 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 SET FORTH BELOW TO FiND OUT WHI~RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberiy Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 tixthe Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PEP~SENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DE~ENDERSE ES N ECESSARIO QI JE U STED, O SU AROGADO, REGISTRE CON LA CORTE EN FOEMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QIJEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSBGU1R CON EL PROCESO SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISION'ES DE ESTA DEMANDA POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DEI~CHOS IMPORTANTES. LLEVE ESTA DEMANDA A LIN ABOGADO IMMED1ATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberoy Avenue Carlisle, PA 17013 LEGAL SERVICES ]?NC 8 liMn¢ Row Carlisle, PA 17013 71%243-9400 COMPLAINT IN ASS,UMPSIT Action Code: 1030 1. Plaintiffis COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX B-35, Pla. no, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are ALFONSO CIERVO, 2148 Chestnut Street, Camp Hill, PA 17011 and DAWN WOODWARD, 2148 Chestnut Street, Camp Hill, PA 17011, who is/are the mortgagor(s) of the mortgaged property hereinafter described. 3. On October 5, 2001, defendant(s) executed and delivered a mortgage to Plaintiff. A true and correct copy is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. Simultaneously with the execution and delivery of the mortgaged as described at Paragraph 3 above, Defendant executed and delivered a Note to Plaintiff in the principal amount of $152,000.00. A true and correct copy of the Note is attached hereto as Exhibit "B". 6. The aforesaid Note required Defendant to repay the principal amount together with interest, late charges and reasonable fees and expenses in enforcing the Note. The note has not been assigned. 7. The Note is in default in the following respects: (a) The principal debt, which became due upon the failure of Defendant(s) to pay the monthly installments, has not been paid, and has not yet been paid as of the date of the filing of this Complaint. (b) Monthly installments provided for in the Note have not been paid when due on December 01, 2001. (c) Late charges provided for in the Note have not been paid on all delinquent and currently outstanding items of principal and interest. (d) Defendants have failed to keep, observe, perform or comply with the terms, covenants, provisions, obligations, conditions, promises, agreements and warranties contained in the Note. EXHIBIT A PEOPLE'S CHOICE HOME LOAN, INC. 7525 IRVINE CENTER DRIVE, SUITE 250 ne_~d IRVINE, CALIFORNIA 92618 ~edi~ ~ Ibis le (~ ifuo, eo~ ~Dd. ~mpIMu Loan Number: 10013505 -eopy .dike ed~M~hWAl~'l~l~ii~m~ed This l~na For Rec~r~ing Data]. MORTGAGE DEFINITIONS Words used in multiple sectk)ns of this document are defined below nn~ other wo~s are del'mod in Sections 3,1L,13, t~,20 a~d 21. Ce~ain ml~ regarding the usage of words used in this do~tment a~ also provided hi Section 16. (A) ','~:ufity Imtmment" means this document, which is dated QCTOBER together with all Riders to this documant. (B) *B~i,.w~r' IS ALFONSO CIERVO, AN UNMARRIED MAN 5 ,2001 , Borrower is tho mortgagor under this Sccuri%, Instrument, (C) 'Lead~"is PEOPLE'S CHOICE HOME LOAN, INC., A WYOMING CORPORATION Lender is a CORPORATION organized nnd existin8 under the hws of WYOMi'NG Lear's add~ess is 7525 IRVINE CENTER DRIVE, STE 250, IRVINR, CALIFORNIA 92618 Lende~ is gle morIFagee under this ,~ity lusimmant. (D) "Mote'm elms the pro--fy note siu~ed by Borrower and dated OCTOBER 5 , 2001 . The Note smm~ that Borwwer ow~s Lender ONE HUNDRED FIFTY TWO THOUSAND AND 00/100 Dollars (U.S. $152,000.00 ) plus interest. Borrower Im~ promised to pay this debt in r~gular Periodic Paymenm and ~o pa)' the debt in ~ull not lmer ihan NOVEMBER. 1, 2031 (BP 'P~' meaos ~e property that is describ~t below under the hendin~. 'Transfer of Rtl~hm ha the Property. ' ('19 'Loan" means the d~£ evidenced bi' the Note, plus interest, any prepayment char~es and la~e cl;ar§es due under ~%~ Nme, and all sums d-e under this S~cutity l~su'umen~, plus interest. (G) ;Ride~" means all Riders To this Security lnstmm~t tha~ are execu~l by Borrower. The following Riders are to be executed by Borrower [check box as applicablo]: PENNSYLVANL~--.qingle Fnn~ly-Fannie ~e/Freddle Mac UNIFORM INSTRUMI]NT Form 3039 1/01 c Exhibit A ' ' ALL THAT CERT~ lot or piece of land with the improvements thereon, ereoted situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the northern line of Ghestnut street~ ~thich point is one hundred five (105) feet, more or less, east of the eastern line of Twanty'-Second Street and at the eastern line of land now or late of Don Ward Alleman, which point is marked by an iron pin; thence North 080 14' 20" East and dong the eastern line of lands now or late of Don War Alleman and John L. Rollin, a distance hf 188.69. feet to an iron pin at the southern line of a 12 fopt alley; thence South 74' 46" East and along the southern line of aforesaid alley, a distance of $0.35 feet to a point at the we, stem line of lands nor or late of Wrtr D. Murray and Donald E. Rider, a distance of 182 feet to a point on the northern line of Chestnut Street; thence North 82° 24' West and along the northern line of Chestnut S~reet, a distance of 50 feet to a point marked with an iron pin, the point and place of BEOINNING. HAVllqG THEREON ERECTED a two and one-half (2 1/2) story frame dwelling house and out building known as and numbered 21411 Chestnut Street, Camp Hill, Pennsylvania. PARCEL IDENTIFICATION NUMBER 01-21-0271-443: UNDER AND SUBJECT to all ex~ng easements, cun&taons, covenants and res ract~on,s of record. BEINO THE SAME PREMISES WHICH Michael D. Vokes and Victoria P. Vokes, husband and wife, by deed dated February 26, 1998 and recorded in the Office of The Recorder of Deeds in and for Cumberland County in Deed Book Volm¢ 174, at Page 1008, granted and conveyed unto Alfonso Ciervo, single man, and Dawn Woodward, single woman, as tenants in common. [] Adjustable Ra~ Rider [] Balloon Rider [] 1-4 Family Rider [] Condominium Rider [] Planned Unit Development Rider [] Biweekly Payment Rider ' [] Seco~ Home Rider Prepayment Rider to Sec/Int. (ii) 'Appl~lge Law' means ail controlling applicable federal, state end' local statutes, regulations, ordinances and administrative roles end orders (that have the effect of law) a~ well ss all applicable fmal, non-nppealebfe judicial opinions. (1) "COmm,nlty Association Dues, Fee% and Assessments" means all dues, fees, assessments end other charges that are imposed on Borrower or the Property by a condominium association, homeowners asmiciation or similar orgnnization. O) 'l~ect~nic l~nds Transfer* means any trmisfer of fueds, other than a transaction originatsd b~ check, draft, or similar paper instrument, which is initiated through en electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit mi account. Such term includes, but is not liraiied to, point-of-sale transfers, automated ~Jler machine transactions, transfers initiated by ~lephune, wire transfers, and automated clearinghouse transfers. (K) ~Nserow Items* means those items that are described in Section 3. (L) *Mianeilensa~s Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third puny (other then insurance proc .e~Is paid under the coverages described in Seclion damage to, or destruction o[, the Prnpeny; (ii) condemnation or other taking of all or any pan o~f the Property; (iii) conveyance id lieu of condemnation; or (iv) mismpres'entations of, or omissions as to, the value enD/or condition of the Property. (fYI) *Mort~a~ Insurance* means insurance protecting Lauder against thc nonpayment of, or default on, tho Loan. (bi) 'Periodic Payment' means the re/,,ulerly scheduled amount due ~or (i) principal end interest under the Note, plus (ii) say amounts under Section 3 of this Security Instrument_ (O) *RILqPA' mmms the Real Estate seulement Procedures Act (12 U,$.C, §2601 et seq.) end its implementing ruguintioll, Regulation X (24 C.F.R. Part 3500), es they fnight be amended from time to thne, or any additional or successor lagislatinu or regulation that gnvems the same subject matter. A~ used in this Security htstrummit, 'RESPA' refers to all requirements and restrictions that ere imposed in regard t~ a 'federally related mortgage loan* even if the Loon does not qualify es a 'federally related moat§age loan* under RESPA. (P) "Sucoeesor in interest of tloffowar* means say party that has taken title ~o the l:'roperty, whether or not that puny has assumed Borrower's obl~atiuns under the Note and/or this Security Instrument. TRAN$~K OF RIGHTS IN THE PROPERTY This Security Inauument secures to Lender: (i) the repaymant of the Loan, and all renewals, cxtepsions' and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements 'under this Security Instrument end the Note. For this purpose, Borrower does hereby mortgage, §rant mid convey ""~H.NNSYLVANIA..-SlngIe Family-Fannie MaelFP.,ddt= Mac UNIFORM INSTRUbiENT Form 3039 II01 ~ s~.~s. ~. te0m ,~,-t~ Page 2. of I$ to Lender the followin~ described property located io the. COIJ'NTY of CUMB~.RLA.~ : [Ty~ of Re~ordin~ Judsdlc~n] [l~nnle of Reco~din~ Surkdlction] SEE LEGAL DESCRIPTION AT~ACHED HERETO AND MADB A PART HEREOF AS EXHIBIT "A" · A.P.N. #: 01-21=02171-443 wMch currently has the address of 2148 CHBSTNDT STREET CAMP HILL , Pennsylvania 17011 ("Property Address"): TOOHrHliR WITH alt the improvemsuts now or hereafter erected on the property, .and all e~ts, appurtenances, and fixtures now or bersul~ a part of tile proper'ry. All replanements and additions ~alt also be co~e~ad by ~ Se~urit~ lnstmme~. All of the foregoing IS t'dexred to in this BORROWER COVENANTS that Borrower is law/hlly asised offlm estate hereby conveyed and has the fight to mortgnge, gt'ant and cunv~y the Prupet~ and that the Prope. n'y IS unencumbered, except for encumbrances of xecord. Borrower wan'ents and will de. nd ~enerally the title to the ?fopeliy against all claims and dernueds, subject to any encumbrueces of record. TI-lIS SECURITY INSTRUMENT combhes uniform covenants for netlouel use and non-uniform covenants with limited variations by jurisdiction to constitme a ~niform security inslrument coveting ~eal property. UNIFORM COVENANTS. Borrower and Lender covenuet and agree as follows: Borrower shall pay when due the priocipal of, and interest on, the debt evidenced by the Note.and en~/ pfepaymuet charges n~d late char&es due under the Note. Borrower shall also pay funds for Escrow Items po~unnt to Section 3. Fuyments due under Ibe Note nnd this ,Security losu'ument shall be made in U.S. cunency. However, if uey check or other lasmmumt received by Lender as p~yment under the Note or ~is Secur~ luetmmont la ~morad to Lender uupnkl, Lender may requir~ that any or all subsequent ~yments due under the Note end this ,Security 'lnsU'~ment be made in one or mo~e of the folinwins forms, as selected by Lemter: (a) cash; (b) money order, (c) cet'tR1ed check, b~mk check, ttananter's ch~k or cashier's check, provided nny such check is drawn upon an lnstito~n whose deposits ere insured by a federal, nguecy, insmnnentnlity, or entity; or (d) Elactron.M Funds T£ensfer. Pa3nnen~ nre deemed reeelved by Lender when received et the location designated in the Note or at such other location as tony be designated by Lender in accorduece with the notice p~ovialo~ in Section 15. Lender may return eny payment or l~nlal payment If the payment or p~mhl payments nre insuff'mtent PENN~/LYANIA-,-SIn~Ie Fnmily-Fann~ Mne/Fredd~ Mn~ UNIFORM INSTRUMI~NT Form 3~39 ~ S~em~ ~c. ¢~0~ ~-I~ page ~ of 15 Borrower falls to pay the amount due for an Escrow Eem,.Lender may.~xercise its rights under Section 9 and pay such amount ~md Borrower shall then be obligated imder gectioa 9 to repay to Lender any such amount. Lender may revoke the waiver as to any. or alt Escrow I~,ms ai any time by a notice given in accordunce with Section t5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such smonnts, that are then mqnlmd under this Section 3. Lender may, ~t any ~ne, coll~x and hold Funds i~ an amount (a) sufficient tu permit Lender to apply the Funds al tho ~ne specified under'RESPA, and (b) not to exceed the maximum aLnount a lender call require under RNSPA. Lender shall estimal~ the amount 'of Funds ~ on the basis off curmnl: dam and masounbl~ asthna~es of expendiluras of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in un insgmtion whose de~osi~ are insured by a federal agency, inalrum~tulity, or enli~y (including Lender, ir Lender is un instltotion wt/ose deposits am so insured) or in any Pederel Home Loun Bank. Lender shall apply the Funds to pay the Escrow Items no later thun the lime specilied uuder RN~PA. Lender shall no£ charge Borrower for holding and applying the Funds, annually analyz~ the escrow aecounl:, or ve~if~ins Ihs Escrow Items, unless ~ender pays Borrower interes, l: on the Funds and Applicebl~ Law permits Lender to make such a cha~e. Unless an agm~lent is made in writing or Applisable Law requil'as in~resl: I:o be paid on the Funds, Lender shall unl: be reClUired to pay Bon'~wer any in~erasl: or earoi~j on the Funds. Borrower and Lender can agree in writing, however, ~ in~emsl: sh~ll -be paid on the Funds. Lender shall, give to Burrower, without charge, an annual sccounl:ing of l:he Funds as required by RESPA.. If them is a surplus o[ 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 he. Id in escrow, as defined under RHSPA, Lender shall notifl, Borrower as required by RESPA, and Borrower shall pay to Lender the amoun~ necessary to make up the shortage hl acconlance with RESPA, bul: in no more than 12 monthly paymenls. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrov~r as required by RESPA, and Bonnier shall pay to Lender the amounl: necessary to make up tbu deficiency in accordance with RESPA, but in no mom than 12 monthly paymenls. Upon payment in full of all sums secured by this Security. Ins~'umanl:, Le~d~ shall promptly refund to Borrower any Funds held by Lender. 4. t'~bsr~; L~. BOFIOWer shall pay all taxes, assessments, chacgas, I~nce, and impositions aluilmlable to th~ Property which can attain priority over this Security Inslsument, leasehold poymun~s or ~onnd renls un the property, iIany, and Community Association Dues, ~a, and Assnssmun~s, ifany. To the exlenl: thal: th~se items am Eserow l~ras, Bon'ower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any llen which l~ss priority over this Security Instrument unless- Borrower: (a) agrees in writing to the payaumt of the obligation secured by the lien in a manner asceptub'le ~o Lm~er, b~ only so long as Borrower is perfurmlng such a§memeni; (b) conf..sis the lien in good faith by, or def~-mds agains~ unfotcomun~ of the lien in, ll~al proceedings which in Lender's opinion opera~ tu prevent the enforcement of lbo llen while those pmceedinSs a~ [rending, bul: only until such proceedings are concluded; or (c) sscu~ from Ihe holder o~ ~he lien an agreem~ satisfactory to Leader subordinating ~ lien ~o lhie Security fualmmun~. If Minter de,ermines thal: unypart of the Property is subjecl: to,alien which can ~ priorily over this Security Insll'um~l:, Lender may give Borrower a notice identifying the li~. Wltlga 10 days of Ihe dale on which thai notice is given, Bonuw~ shall satisfy the lien or take one or mom of Ihs ections set forth above in this Section 4. Leud~r may l-~.qnl~e Borrower to pay a one-tirn~ clmr~e for a r~al ~a~o ~ax verification and/or re~ordng service used by Lender in connection with this Loan. Pl~NN~YLVANIA.-~|n~Ie Famliy-Fnnnle Mse/Freddle Mst UNIFORM INSTRUMI~NT $. Pmtmn'y ~nstmume. Borrower shall keep the improvcm~nta now existing or hareatler arc'ted on the Property insured, against teas byfire, hazards included with~ the terat 'extended coverage," and any tuber hazards including, but oat limited to, ea~hquakes and floods, for which Lender ~luires insurance. Th~ insurance shall be maintained in trle amounts (including deductible levels) and fat th~ periods that Lemier requires. What Lender requites pursuant to the preceding seateucas can change during the'tetra of the Loa~ The insurance carder providing the insurance shall be chosen 5y Borrower subject to Lunder*s right to d/supprove Borrower's choice, which right shall not be exercised un~asouably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detecruination, certification and tracking services; or (b) a one-time charge for flood zone deterraination and certification services and sub.~queut charges each time remapping$ or similar changes occur which re~onably might affect such detarmimuioa or certification. Borrower shall also be responsible fat the payment of any fees imposed by ~e Pedecal F. merganoy Managemant AgenCy in connection with the review of any ~ zoco determination resulting from an objecdea by Borrower. If Bor~ov~r fails to maintain any of the. coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular iypa or amount of coverage. Therefore, such coverage shall cover Lender. but might or might not pruteez Borrower, Borrower's equity in the PrepemT, or the contents of the Preim'~y, agabm any risk, ~azard or liability ami might pzovide greater or lesser coverage than was previously in effect. Borrower acimowtedges that the coat of the insurance coverage so obtained' might significantly exceed the cost of inaarance that Borrower could lieve obtained. A~y amotmts disbursed by'Lender under this Seetien § shall become additional debt of Borrower ~acured bythJs Security l~t~'dment.' Those amounts sba[[ bear in/crest at the Note cate from the date of dtsimr~emant and shall be payable, with such interest, upon notice 'fram Lender to Borrower req.ucsting payment. All insureuce policies requited by Lender and renewals of such policies shall be subject to Lender*s right to disapprove such policies, shall iz~inde a stmdard mm'tgage ciaose, and shau name Lender as mortgagee and/or es an additional loss payee. Lnnder shau have the right to hold the policies and renewal cartifa~nas, ff Lunder requires, Borrower shau promptly give to Lender all mceip~ of paid premiums and renewal helices. 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 Lemier as murlgagee and/or as aa ~ditienal loss payee. In the event of leas, Borrowar shall giveprompt untiee to the insurance ca~'ier and Lender. Lender may make proof of loss if not made promptly by Burmwerc Unlass Lender and Borrower otherwise, agree in writing, any insurance proceeds, whether or not the underlying insurance was requited by Lender, shall be applied to restoration or repair orthe Prope~y, J~'tbe restoration or :epah: is ecounmicauy feasible and Lender's security is not lessened. During such repair and rastocation perind, Lender shall have the right to hold such insurauce proceeds until Lender has had an opponunily to L'~pect such Property to en~ure the work has been completed, to Lender's satisfactions provided that such inspec~on shall be undertaken. promptly. Leader may disbu_rse proceeds for the repairs sud restora~inn in a single paym~ut or in a series of progreas paymeuts as the work is completed. 'Uuiess an agreement is made in wriling or Applicable Law requires imerest to be paid on such iaanrance proceeds, Lender shall not be required to pay t~orrowbr any intereat or earnings oil ~uch pzoceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance p~oceeds and sh~ be the sole obligation of Borrower. If the restocalion or repair i~ flat economically feasible or Lender*s secerity xvouid be lessened, the thsurun~ proceeds shall be applied to the sums secured by this Security Instrument, whethar or not then PENNSYLVAJ~]A--3I~e FamJb,--Fannie M~e/Freddie Mac tJNIFORM IH$"~LUMEH~ Form 303P l/Ol due, with tho excess, if any, paid to Borrower. Such h{suranea proceeds sh~ he app[L"d k~ the order provided for in Section 2. If Borrower abandons the Propen~, Lender .may fda, negotiare .a~ settle any available insurance claim and minted matters. If Borrower 'does not r~spond widgn 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, thsu Lender may negot~e and settle the claim. The 30-day period wifl begin when the notice is given. In eibtter event, or i~ Lander acquires the Property under Section 22 or otherwise, Borrower hereby assiglls to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the No~ 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 inanrence policies covering the Property. insofar as such rights ate applicable to the coverage of the Pmpotly. Lender may use the insurance proceeds either to repair or restore the Property or ~o pay amounts unpaid under the Note or lids Security Instrument, whether or got than due. 6. Ocenpancy. Borrower ~ail occupy, establish, and use the Property as Borrower's prlnclpal residence within 60 days after the execution oi this Security instrument and shall continue to occupy the Property as Bonower's principal residence for at least one year a~r the data of occupancy, unlass Lender otherwise agrees in writing, which consant ~ali not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. destroy, damage or impair the Pmpel~y', allow thc Property to deteriorate, or commit waste on the Property. Wheb~er or not Borrower is residing in the Prope~, BorroWer shall maintain the Property in o.rder to prevent the Property ~om deteriorating or decreasing in value due to its condition. Unless it is delta'mined pursuant to Section 5 that repair or restoration is not economically feas~le, Borrower shall promptly repair the Property if damaged to avoid fimher deterioration or damage. If insurance or condemnation proceeds are paki in connection with damage to, or the taking of, the Property, Borrower shall ha responsible for ~epalring or restoring the Property only if Lender has released proceeds for such purpo~s. Lender may disbu~.m proceeds ~or*the repaim and restoration in a single paymant or in a serias of progress payments as the work: is completed. If the insurance or condemnation proceeds are not sufficient to repair or mstor~ the Property, Borrower is not relieved of Borrower's ob[igatien Mr the completion of such repair or restonUton. Lender or i~s agent may make reesunable enu'ias upon ~ld inspections of the Property. If k has reasunable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at rite thne of or prior to such an interior inspection specifying ~ich reasonable cause. 8. Borrower's Loan AppE~agon. Borrower shall be in default if, during the Loan applioation l~r~ceas, Borrower or any persons or entities acting a~ the direction of Borrower or with Bonower's lmor, vledge or consent gave rnsi~rially false, misleading, or inacanmta information or statements to Lender (or i~'led to provide Lender with material inr'ormatiun) in com~ction with the Loan. Material repre,seau~om include, but am not limited to, reprasantatiuns concerning Borrower's occupancy of the Property ua Borrower's principal residence. 9. l'mm:fiou of Lender's Imorest in ~he Property and Rights Undor this 5eemiry Immanent. If (a) Borrower fall~ to perform the covzmnts and agresnlants contained in this Security Instromant, (.b)lthere is a legal proceeding that might significantly ~ Lender's iutemst in the Property and/or rights under this Security Instmmanr (such as a pmceediug in bankrup~y, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over thi~ Security Instrument or to enforce lawg or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or st0propriato to protect Lender's interest in the Property and rights under this Security PI{NNSYLVANIA--Sistsle Family--~a~mim Ma~Fnsddk Mac UNIFORM 1NSTRfJM~IT ~ ~,,~.{n~.~uum 0,'9.~.~m Page?of 15 Inatrument, including protecting and/or assessing thc value et' the l~operty, and seenri~g and/or repairing the Property. Lender's actions can include, but are not limited to: (a) pay~g any sums secured by a lien which has priority over this Security Instrnmant; (b) appearing in court; and (c) paying reasoanbie attorneys' lees to protect hs interest in the Property a~d/or rights under this Security Instrument, including its secured position, in a bank~ptey proceeding. Securing the Prnporty includes, but is not limited to, entering the Propexty to make repairs, change locks, replace or bbard up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have litilitles mrued on or off. Although Lender m~y take action under this Sectio.~ 9, Lender does not ha¥o to do so and is not under any*duty or obligation to do so. [t is agreed that Lender incurs no liability for not taking any or ali actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 sh. all become additiolml debt of Borrower secured by this Security Instrument. These amounts shall hear interes£ at tho 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 lessel~old, Borrower shall compty with all the provisions of the lease. It' Borrower acquires fee title to the Propar'ty, the leasehold and the fee title shall not merge unless Lander agrees to the merger in writing. 10. ~ f~uranen. If Lender required Mortgage lusurenee ss a condition et' making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in e~fect. 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 prerninms t'or Mortgage Insurance, Borrower shall pay the premiums .required to obtain co~eruge subs~mt~_.:aHy equivalent to the Mortgage insurance previously in effect, ac a cost anhetantinlly equivalent to the cost to Borrower of tho Mortgage Insurance previously in effect, frum an alternate mot~age Insurer selected by Lender. If subs~antisfly 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 et*~ect, Lender w~[ accept, use and retain the~ payments ss a non-refundable loss reserve in licit of Mo.x'tgage L~anrence. Such loss reserve shah bo non-rufimciabin, notwi~ing the tact that the Loan is ulth-lxately paid in ~ull, nnd Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require luss x~urve payments if Mortgage Insurance covernge (in the amount and for the period that Lender t~luires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums Ur Mortgage Insurance. it' Lender required Mortgage Insurance as a enndidon of making the Loan and Borrower was required to malco sepanttety designated payments towan:l the premiums for Mortgage Insurance, Borrower shall pay the p~rn'mms l~luired to maintain Mortgage Insurance in effect, or to provide a non*refundable loss rese~e, until Lender's ruquirement for Mortgage Insurance ends in accordance with any written agreement bep.vecn Borrower anti Lander providing for such termination or unti~ termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation, to pay interest at the rate provJtled in the Note. Mort~e Xnsurence reimburses Lender (or any entity that parehsses tho Note) for certain Io~ses it may incur it' Borrower does not repay the Loan as a~rncd. Borrower is not a party to the Mortgage ins~anue. Mortgage insurers evaluate their total risk on all such insurance in fei'ce from time to t~e, and may enter into agt~ants with other parties that share or medii~y their risk, or reduce tosse~. These agreements are on terms and conditions that are satisfactory to the mortRage insurer and the other party PENNSYLVANIA.-Six~Ie ~'~,~[[y..l~am-de P, lae,,-'~-~ lvlac UNIFORM INSTRTJIvlENT Form 30'39 (or pa~ties) ~o the~ agre~monts. These agreemems may gqu~ ~ ~ge ~r~'to m~z pay~n~ us~g ~y s~ of ~ ~t ~ mong~e ~u~ my ~ve'av~a~lo (w~h may ~e ~ o~ ~m Mo~ ~ p~). As a ~t of ~e ~n~, Ee~r, ~y purer of ~e No~, ~ ~u~, ~y ~su~r, ~y ~ ~fi~, or ~y ~ of ~y of ~ fo~go~g, may ~ceive (d~fly or ~d~ct~) ~o~m' ~at de~ fwm (or mi~t ~ ~ ~) a ~on of Bo~r*s pa~en~ for Mo~gag~ ~ur~ce; ~ for s~ or ~di~ ~ ~gaie ~'s g~, or ~d~, 1~. If s~ ag~t p~ ~ ~ ~ of~ ~ asha~ of&e ~r*s ~kh e~h~nse for a~ of p~l~s p~d m ~ ~, ~ ~ent is o~ ~d "c~ve ~r~.' ~er: (a) ~~ ~t~t~m ~~~y~ ~,~yo~of~. ~~ ~a~~o~ ~r ~ ~e ~t m ~ ~ ~. ~ ~t ~d'ob~ ~n of~e Moni~e Mo~ ~ p~ ~ ~ ~e~e ~~n or IL ~ of~ ~; ~. All ~scgl~ Pmc~s ~ he.by ~s~ m md s~ ~ paid m ~der. ~ ~e ~ h d~, ~ MhceH~eo~ P~ ~1 be appli~ m ~s~r~n or r~ak of ~ Pmp~, if ~e ~m~ or ~ is ~onom~y f~ ~d Len~'s ~fi~ h not l~ed. ~hg s~ ~a~ ~d ~ p~, ~r ~1 h~e ~e ~t to ho~ ~ M~ Pwc~ ~ L~der h~ ~d ~ op~ to ~pcct m~ P~ m ~m~ &e ~rk ~ ~n wmple~ ~er*s s~h~ion, p~i~d ~at s~ ~on sh~i ~ ~d~ pm~dy. ~nd~ may pay for ~aln ~d ~n ~ a~e dhbu~ or ~ a~fi~ ofpm~s ~ym~ts ~ &c ~& ~pl~. Units ~ ~t b rode ~ ~hg or Appl~le Mw ~u~ ~t~est to ~ paid ~ M~I~ P~s, ~n~ ~1 not be ~q~ed ~ pay Bo~r ~y ~t ~ ~gs ~ M~us ~. If ~ ~m~on or r~ is not ~nomi~y legible or L~r's ~cur~ would ~ I~n~, ~ M~H~ P~ s~l be appH~ to ~e sams ~ ~ ~h ~cud~ ~ent, ~ or ~t ~n due, ~& ~ ~, if ~y, p~d m Bo~r. Su& M~ ~ &~ be ~pt~ ~ ~ o~ p~v~ ~r ~ S~fion 2. ~ sh~ ~ ~pl~ to ~e su~ sec~ed by ~ ~curi~ ~s~ent, wh~er or not ~en ~e, wi~ the ~c~, if ~y, ~ ~ Bo~. In ~e ~t of a ~ ~g, d~d~n, or I~ ~ v~ue of ~ P~r~ h whi~ ~e fa~ ~o of ~ ~ ~dh~ ~fo~ ~e p~ ~g, ~n, or loss ~ v~ is eq~l to or ~, ~mc~n, or 1~ ~ ~e, ~ms Bo~wer ~d ~der o~ ag~ ~ wrh~g, ~e sums ~ ~ ~ S~ lns~t ~ ~'~d~d by ~e ~t of &e ~s~ll~us P~ce~s pardi ~g, ~n, or ]~ ~ ~u~ divJ~d by (b) ~e f~ m~ v~ue of ~e ~ ~cdiamly ~.t~ pa~ ~, d~io~ or 1o~ ~ ~ue. ~y ~ ~ be p~d to In ~ ev~ of a pm~ ~, d~t~on, or loss h v~ue of ~ Pw~ ~ which ~e f~r ~ket vMue of ~ P~ ~ly ~fom ~e pmial ~g, ~c~on, or l~ ~ vaue h l~s ~ ~o~t of ~ ~ ~ ~ia~y ~ ~e pmial ~, des~c~on, or loss ~ v~ue, ~ess 3039 1/01 Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by lifts Security Instrument whether or not the sums are than due. If the P~operty is abandoned by Borrower, or if, after noO'.e by Lender ~o Borrower tha~ the Oppbsing Party (as defined in the next ~cotcoee) offers to make an award to se~tle a claim for damages. Borrower fails to respond ~o Lender within 30 days after the date the notice is given, Lender is authorized to coll~t and apply the Mheellanenus Pwceeds eilber to t'estoratiofi or repair of lhe prupe~ty or to the sums secured by this S~-ua'ity Ins~umeet, whether or not then due. 'Opposing.Pan'y' means the third par~ that owes Borrower Mis~llanenUs Proceeds or the party a/airgt whom Borrower tins a right of action in ragard to Misc~llancous Borrower shall be in default if any action or proceeding, wheth'er civil or criminal, is begun that, in Lender's judgment, could result in forfeilure of the Pmpony or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrowir can cure such a delanlt and, if ac~leralion has occurred, ruinsl~ate as provided in Sectinn 19, by causing the action or proceeding to be dismisand wi~h a r~lin~ that, in Lender's jnd~.e,m, preeindes forfeiture of the Pwperty or other martial impairment of Lender's interest in the Property or fights under this Security Instrument. The proc. ends of any award or claim for damages that are alUibu~ablo to the impairmant of Lender's interest in the Pruperty are hereby ess/~ned and shall be paid to Lender. All Miscellaneous Proceeds mst are not applied to restoration or repair of the Property shall be applied in the o~der provided [~r in Section 2. 12. Borrower Not Reles~nd; Fofl~'am~ By Leader Not a W~iver. Extension of the time for payment or modlfieefion of amortization of the sums secured bythis Security Instalment ~anted byLender to Borrower or an)' Successor in Interest of Bon'ower shall not operate to release the.lishility of Borrower or any Successore i~ interest of Borrower. Lender shall not be required to ~mmance pwsendings against any Sanc~anr in Interest of Borrower or to refuse to extend time for payment or othe!'whe modify amortization of the sums secured by this Security lustmment by reason of any demand made by glo original. Bon'ower or any Successom in Interest of Bon-ower. Any forbearance by Lender in exewising any fight or remedy L,~udh~, without limltaden, Lender's acceptance of payments frora thinl persons, entities or Successors in Inim'est of Bon'ower or in amounts less than tho amount then due, shall not be a waiver of or preclude tho exeruise of any fight or remedy. 13. Ioht amd S~m'al Liabili~; ~; Su~esenr~ and Aasi~ns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bo joint and severe~. However, any Borrower who si~us this Secodty Instrument but du~ not execute the Note (a 'co-si~nor"): (a) is co-signing this Security lm~tmmcot o~fly to moll~aga, grant ~ convey the co-elgnor's interest in the Property under the ten'ns of this Secud~ h,~rumom; (b) is not personally obli~sted to pay file sums sealred by this Security lnsmunont; and (c) agrues Ihat Lender ami any other Borrower can agrce m extend, modify, forbear or make any accommodations with resard to ~he terms of this Security lus~rument or Ibe Note without tho co-si~ner's consent. Subjec~ m the pro,/isions of Section 18, any Successor in Interact of Borrower who a&snmes Borro~er's obli~alions under this Security lnsh':mneet in writing, and is.approved by Leader, shall obtain ell of Borrower's rights and benefits under this Security lusW, unani, Borwwer shall not bo released: from Borrower's obligations and liabili~ under this Security Instmmem un[ess Lender agrees to such release in writing. The covenants and agreements of this Security Insimment shall bind (except as provid}d in Section 20) and bene/'s the eecce~sors and assigns of Lender. t4. Loan Clm~es. L~der may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of proteoting Lender's luau'est in the Properly and rights under this PENNSYLVANIA-Single Famil~-Ps~h~ Mae/F~'ddi~ Mao UNIFORM INSTRUMI~NT c...,,.~ s~as. hz. ~ s*9-1~ PriSe lO of 15 Security Instrument, including, but not llmlted to, attorneys' fce.~, p~operty {nspection ~ud valuation ~es. In regard to any other fees, th6 absence of express authority iii this Security Insrmmant to ch~cge a specific fee to Borrower shall not be constmnd as a p~ohibition on the charging u~ such fee. Lender may not cherse fees that are expressly prohibitsd' by {his Security ]natrdment or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that hw is finally interpreted so ;hat the interest or other loan charges collect~l or itu be collected in connection with the Loan exceed the peflnittexl limits, then: (a) any such loan cher~,e shat! be rethteed by the.amount necessary to reduce the cha~e to the permitted IKait; and (b) any sums already 'collected from Borrower which exceeded permit~l limi/s will be refimded to Borrower. Lender may choose to make this refund by reducing the pt'htclpal owed under the Note or by makin§ a direct payment to Borrov~r. II a refund reduces principal, rite reduction will be treated as a partial prepaymant whheut any prepaymen~ charge (whether or not a prepayment char/u h provided fur under the Note). Borwwor'a acenptange of any such refund made by direct payment to Bon'ower will constitute a waiver of any ri~lat of action Borsower might have arising out or such overcharse. 1:5. No/ices. All notices given by Bot~wer or Lender in cunncetiun with this Security Instmmant must be in writing. Any ~ to Borrower in connection with this Security Inatnunent shall be deemed to have been ~iven to Borrower when mailed by first class mail or when actually dsiivcred to Borwwer's notice address ifecnt byother means. Notice to anyone Borrower shall constitute notice te all Borrowers unless Applicable Law expressly l~.'qukes otherwise. The notice iddress shall be the Property Addrese ~nlees BortDwer has de,gusted, a ~thgtute aotice address by notice itu Lender. Bort'owel' shall p~ompfly noth~ Lender of Borrower's change of address. If Lander specif'~s a procedure [or reporting Bon'ower's change of address, then Boffower shall ordy report a change of nddress through that specified procedtlre. There may be only one destsnated notice address undez this Security Insh"umant at any one time. Any notice to Lender shall be given by delivering it or by mailing k by first class mall itu Lender's add,ess statnd herein unless Lender has desi~ated another address bynotica to Borrower. Any notice in couneciiun with this Secttrity Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice ~quked by this Secut/ty Instrument is also required under Applicable Law, the Appllcebio Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Oovcrn~5 Law; Severab~y; Rules of Constmctiun. This Security Instmmant shall be governed by federal law and the law of the jor/sdletion in which the PropeWj is located. All rights ~ obligations comained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or impticifly allow the parties to agrce by contract or it might be silent, but such silence shall not be construed as a pmlu'bitiun against agrcemeut by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts wi,gl: Applicable Law, such conflict shall not affect other pwvisions of this Security Instrument or the Note which can be given effect without the conflicthg provision. As used in this Security Insffums~t: (a) words of the masculine gender shall mean;and include corresponding ~eutor words or words of the. feminine gender, (b) words in the singular shill r/lecn and inclnde the plural av.d vice versu; and (c) the WOrd "may' gives sole discretion without any' ~ligafi,un to take any ac~on, j · ~?. Ben. war's Copy. Borruwer shall be given one copy ut' the Note and of t~im Security Instnnnent. 18. Trnnsa, u' of the Property ut a ~ Interast in Borrower. As used in thla 'Section 18, 'Interest in the Property' means any legal or beanftciai interest in the Property, including, but not limited PENN'SYLYANIA--SIn~fe Fmnt{y--Fannle Mne/Freddh Ivlac ~IFORM 'INSTRUMENT Ooam~m sl~sms, lne. t~0) ~9-f~ Pa~e ti of 15 Fonn3~391/Ol to, those beneficial interesm transferred ia a bond for deed, contract for deed, installment sates contract or escrow agreement, the intent of which is the u'ansfer of title by Borrower at a future date to a purchaser. If all or any part of the Propet~'y or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial inte~st ia 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 lnetmment. However, this option shatl not be exercised by Lender if such exercise is prob,'biter bY Applicable Law. If Lender exercises this option, Leader shall give Botxow/~r notice of acceleration. The notice shall provide a peri6d of not less than 30 days from the date the nedeo is given in accordance with Section 15 within which Borrower must pay all ,sums seenred by this Security' lustromant. If Borrower fails to pay these, sums prior to the expiration of this period, Leader may invoke an.y remedies permitted by this Security Instrument without fut'ther nodce or demand on Borrower. 19. Borrower's Right to Reimtatc After Aeceiemlinn. ff Borrower meets certain conditions, Borrower shall have the right to have anfureement of this Security hmtmmant discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to *any power of sale contained ia this ,~h-ity Instrument; (b) anch other period as Applicable Law might SlYOCify for the torminatinn of Borrower's right to reinstate; or (e) enW/ of a judgment enforcing this Security Instrument. Those conditious are that Borrower'. (a) pays Lender all sums which then would be due under this Security Imtmment and the- Note as if no acceleration had occurred; (b) cdres any default of any other covenants or agreements; (c) pays all expenses incurred ia enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, proputty inspection and valuation fees, and other fees incurred for the purpose ofproterling Lender's interest ia the Property and rights under this Security Instrument;, and (d) tak~ such action aa Lender may reasunabiy require to assure that Lender's interest in the Property and rights under thh Security lus~'ument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall con.ua unchanged. Lender may require that Bor~ower pay such reinstatement sums and expenses in one or more of file following fort*s, as selected by Lender: (a) cash; (b) money order; certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an iastitotion whose deposits are instued by a federal agency, iostmmenmlity or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Ben-ewer, this Security Instrument and obligations eeenred hereby *hall rema'm fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under. Section 20. ~ of Note; Change of Loan Servia, Notice of Grievance. The Note or a partial interest ia the Note (together with this Security fustmment) can be sold one or *more times without prior notice to Borwxver. A sale might re*nit in a change ia the entity (known as the ULoan Servicer") that collects Periodic Paymen~ due under the Note and this Security Instrument and performs other mortgage loan servicia8 obligations nnder the Note, this Security lnstmmeut, and Applicable Law. Th*re also might be one or more changes o)' the Loan Servicer unstated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrimm notice of the change which will state the name and address of the new Loan Servicer, tho address to which pay&ants should be mede and any other information RESPA requi~res ia connection with a notice of transfer of servicing. If the No~ is sold and thereafter the/Loan is serviced bye Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bo~.ower will remain with the Loan Servicer or be trausfoned to a successor Loan Servicer end are not assumed by the Note pu~-,~aa.ner unless othetnviee provided by the Hate 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 fi.om the other party's actions pursuant to this FENNSYLVANIA-,-SingIe Family-panni~ Mae/Freddie Mac UNIFORM II~TRUMBNT ~ ~,ns. br.. ~m ~4~1~ Page t2 of 15 Form3039 1/01 Security Imtmmant o~ that alleges that the other party has bmacbed any provision of, or any duty owed by mason of, this Security Insmencm, until such Borrower Or Leader has notified the other party (with such notice given in compliance w~ the requirome.nts of Section 15) of such alle~M breach and afforded the other parly hereto a reasonsblo period after the giving of such notice to take correctiw action. If Applicable Law pt.,ides a time period which must elapse bela.re certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. Thc notice of accaler~ion end opporttmit~ to cure given to Bot'rower punuant to Section 2:2 and the notice of acceicr.ation 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. l-lnv~r4ons Subetansas. As used in thi~ Section 21; (a) "Hazardous Substances' are those substances defined as toxic or bezardons substances, pollutants, or wastes by Bnvironmental Law and thc ' following substances: gasoline, l~A'osans, other flammable or toxic petroleum products, toxic pesticides and herbioid~, voiotile solvanls, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Buvtronmental Law' means federal laws end laws of the jurisdiction wlte~ thc Prupen'y is located that relate to health, safety or enviromeutal prot~.ction; (c) 'Environmental Cleanup* ~cludes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) mt *Environmental Condition~ means a condition that can cause, contribute to, er otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, nsc, disposal, storage, or release of any Hazardous Substances, or ~ 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, duc to the presence; use, or release of o 14s~rdnos Substance, mates 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 Subetenc. as that are generally recognized to be appropriate to normal residential uses and to maintenance of be Pwpetty (including, but not limited to, hazardous substances Lq consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or reguiato~y agency or private pert~ involving the PropeCty and any Hs~nlous 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 Substunce, and (c) any condition caused by the presence, use or release of a Hazardous Sulmance which adversely affects the value of the Property. If Borrower lusms, or is notified byeny ~overnmantal or regulatory authority, or any private party, that any removal or other remedlation of any Hazardous Substance affecting the Property la necessary, Borrower shall prompdy take all necessary semadial actions in accordance with Environmental Law. Nothing herein shall create any' obligntion on Lander for an Environmental ~!canup. NON-UNIFORM COVENANTS. Borrdwer and Lender fm~bsr covenant and agree es follows: 22. Acceleration; Remedies. Lender shall S/ye nodes to Borrower prior to accele~ion fuilowLqS Bon'ov~r's breadl of any ~ or aix~ment in lifts Security Iuatmmunt (but not prior to acceleration ~ ~ctinn 18unlsas Applicable Lawprovides otherwise). Lender shall notify Born)war of, among other thln~s: (a) ~ dofiluit; ~o) ~ ~ ~ II} ~ ~'der~mlq (c) wh~ ~ default must be cttt~d; and (d) that f~ to cure the default as specified may result in acceleration of the sums seenEed by tMs' Sacur~y lnsU'ument, foreclosure by judicial pmccedlng and sale of Otc Pr~. Lender ~ ~er PENNSYLVANIA..-.q{ng{e Fnmi{y--Pannle IVlaeYFreddie Mac UNIFORM INSTRUIVIBNT t~sss~ s~m. {n~. ~o~ ~-I.~ Page i3 o~ 15 Norm 3039 1~1 i~orm BozzowOr of th~ flgtlt u} ~*~ ~ ~on- ~d ~ fi~ m ~'~ ~ fo~l~ ~ ~ ~ olaf,It or ~y o~ ~f~ of~ ~ ~on ~d fo~los~. ~. ~. U~ pay~ og ~1 s~ secu~d by ~is S~ I~ent, ~ Seco~ l~t~ent ~d &o ~e convey~ ~1 ~ate ~d ~ome vo~. After ~ o~u~e, Lender sh~l ~go ~d ~t~ ~is ~i~ ~ment. Borrower shah p~ ~y re~t~n, costs. Len~r may c~ ~ a f~ for r~ &~ Securi~ ~nt, bu~ only if ~ f~ ~ p~ m a ~ p~ for ~ ~e~ ~ &e ~g of &e f~ is pe~it~ ~d~ Applicabl~ ~w. 24. W~. ~wor, m &o ~t~ pe~ by AppHe~lo ~w, w~ ~d ~le~ ~y e~or or de~ ~ p~gs ~ ~fo~ ~is S~ ~m~t, ~d her~y wa~es the bmefit of ~y priest o~ ~ la~ p~id~ ~r s~ of~on, ~t~sinn olde, ex~i~ ~m m~t, ~d sale, ~ ho~ ~emp~on. ~. ~ ~ Bo~wer'~ ~ ~ ro~s~ provid~ ~ S~ 19 ~11 ~tend ~ oho hour ~or to l~nt. ~. ~7. ~ R~ ~ ~t. Bo~ower ~ &at ~e ~t~t ~te p~ a~ a judgment ~d~ &e N~. BY SIGNING BELOW, Borrower accepts and agrees to the teFms and covenants contained in this Security lnstmmant and in any Rider executed by Borrower o~d recorded with it. ~/]'f'~ L/~'~.~'~ (S~al) (Se.) ~NSO CIERVO -Borrower -Bofi~wer (~eal) (~eal) -Borrmwr -Borrower (Seal) (Seal} -Borwwe. r -Borrower Wimess: PENNSYLVANIA--~inst~ Fnmily-.Fmmle Mae/Freddie Mac UNIFORM INSTRUMENT Ferm 3039 Il01 COMMONWNALTH OF PENNSYLVANIA COUNTY OF CUMB~ On thi~ tho .~'.'~' day of ~("C~...~{2.. ~C~( . tho undersigned officer, personally appe~w~d ALFONSO CIERVO ,he~ mo, ) ) ss: ) known to mo (or satisfactorily proven) to be ~he person(s) whose name(s) Ware subscribed to the within instmmant and acknowledged, that he/she/they executed the same got the purposes therein cun~ained. In wire,ss whereof, I hereunto set my .h~.d and official._._ ~ /%'seals. ! MarroW.. _B~ngmner, ~ Pul~lc I Title of Officer (NoUcry's Stmnp and NmbosseO My commission expires: PI~NNSYLVAN[A--Si~I~ F-~mily-Fam~k Mae,/Freddk~ Mac UNIFORM 1NSTRUMEN? Form 3039 tkean~ ~ he. ~ 0~-~6~ Pa~e 1~ of 15 EXHIBIT B Loa/l Number: 100135'05' ADIUSTABI.F. RATE RIDER (LIBOR 81x-Momh Index (As Pablish~ In Tho Wall Smut $oumal)-Rate Catm) THIS ADIUSTABLE RATE RIDER is made this 5th day of OCTOBER . 2001 , and is incorporated into and shall bo deemed to amend and supplement the Mort§age, Dond of Treat, or Security Deed (the "Security Instrument:) of the same date given by'tho undersigned (*Bon'ower') to secure Borrower's Adjustable Rate Note (the 'Note') to PEOPLE ' B CHOICE HOME LOAN, INC., A WYOMING CORPORATIOI:J ("Lender') of the same date and cu~ering the propen'y desr, ribed in the Security Instrument and located at: 2148 CHEBTNUT STREET, CAMP HILL, pENNSYI~V.A-NIA 17011 IProperty Address] TH~ NOTI~ CONTAINS PROVISIONS ALLOWING FOR CHANCiP~ IN ~ I~'flmEST RATE AND THE MONTHLY PAYM~fr.. TI~ NOTE LIMITS TI-Hi. AMOUNT BORROWER'S llvt'miJ~T'. RAT~ CAN CHANGE AT ANY ONE TIME AND ~ MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenenm and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTtigHST RATE AND MONTHLY PAYMENT CHANGES The Note p~ovides for an initial interest rate of 8.750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. IN't'tIREST RATE AND MONTHLY PAYlvIENT CHANGES (A) ChenSe Dates The interest rate I will pay may change on tbo asr day of bIOVEMBER ,2003' , ;md on that day every 6 mom thereafter. Each date on which my interest rate could change is called a "Change Date." (B) Tho Index Be/inning with the first Change Date, my interest rate will be based on an Index. The "Index" is tho average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ('LIBOR'), as pfiblished in The Wall Sheet ,funmal. The most recent Index figure available as of the date 45 days before each Change Date is called th6 "Current Index." If ~he Index is no longer avail~le, lhe Note Holder will choose a new index that is based upon comparable infonllatinn. The Note Holder will give'me notice of this choice. Before each Change Date, the Note Holder will calculate my new interest rote by adding F'rvE A_ND 000/1000 percentage points ( 5. 000 %)to the Ctm'cut hidex. The Note Holder wilt then rou~cl the result of this addition to the ne~est one- eighth of one percentage point (0.125~). ~ubject to the limits stated in Section 4(D) below, this ronndnd nmount will be my new interest rate until the next Change Date. The Note Holder will then determine the mount of ~he monthly payment that would bo suffident to repay the unpaM pr/nc/pal that I am expected to owe at the Change Date in full on the MULTISTATI~ ADIUST~BLE RATJ~ RIDER-LIBOR S1X-MOHTIt INDEX (AS PUBLISHED 1N THE WALL STREET IOURHAL)--Sin~I~ Famiiy-Fannlc Mae Modili~d Instrument Maturity Date at my new interest rate in anbstantially equal pa~m~nts. The result of thh calculation will be the new amount of my monthly payment. (D) T.'matta on In~'ost Rate Changes The interest ra~e I am required to pay at the fkSt Change Date will not bo greater ~hsu 11.750 % or less than 8.750 %. Thereafter,' myinmtust rate willnever be increased or decreases un any single Change Date by moru' than ONE MD 000/1000 pementage points ( 1. 000 %) from the rate o.f interest I have bean paying for the preceding 6 months. My interest rate wilt never bo greater than 14.750 %. My interest rate will never be less than 8.750%. ~) ~ffec~e Da~ of My new imntast ra~e w~ll become effective on each Chaise Da~e. l.will pay the ~mount of my new monthly paymant besinaing on the first monthly payment date al~r ~e Change Date until the amount of my monthly payment changes again. 09 No,ice of ~ The Note Huider will deliver or mail to me a notice of any changes in my interast rat~ and the amount of my monthly payment before tile effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question [ may have regarding the notice. B. TRAHI3P~ OF TI~ PROPBRTY OR A BBNF, FICIAL IN't'~I~ST IN BORROWER Uniform Covenant 18 of the Security Instrument is amanded to read as follows: Tra~er of tho. Pmpea'ty or a Boneficinl Tnlme, at in Bortowar. As used in this Section 18, "Interest in lbo Property" means any legal or beaeficial interest in the Property, including, but not limited to, those beneficial interests tranafetred in a bond for deed, contract for deed, installment salus contract or escrow agrceraan~, the intent of which is the transfer of title by Borrower at a future date to a purehas~. If all or any part of the Property or any Interest in the Property is sold or trensferrad (or if Borrower is not a natural pe~un sad a beneficial interest in Borrower is sold or transferred) without Lender's prior written cdosent, Lender may requirc immedinte payment in full of all sums secured by this Security Instrument. However, this option shall not bo exercised by Lender if such exercise is prohibited by Applicable Law. Leader also shall not exercise this option if: (a) Borroxver causes to bo submitted to l.~nder information required by Leader to evaluate the inteaded transferee as if a new luau v~e being made to tho transferce; and (h) Lender reasonably delermine~ tha~ L~nder's security will not T~ impaired by the loan assumption and that 'tho risk of a breach of any covmant or agre~mant in this Security Instmmant is acceptable to Lender. To lbo extent ponnined by Applicable Lawi ,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the llensfere~ to signan assumption agreon~ that isacceptehie to Lender and that obligates the transfet~ to k~ap all lbo promises and agree, mania made in the Note and in this Security tnslmmant. Borrower will continue to be obligate, under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lander exercises the option to requira imn~adinte payment in full, Lcoder shall give Borrower notice of acceleration. The notice shall provide a period of not lass than : 30 days from the date the notice is given in accordance with Section 15 within which Bosrower must pay ali sums secured by this Security Iuslrcmant. If Borrower fails to pay idULTISTATE ADJIJ~rABI.~ RATE RIDER-LIBOR ~X-klO~H IND~ (AS PUBLISHED IN THE WALL ~ JOU~AL)~I~Ia' Fa~ly-~o Mae b~&fl~ I~mme~ . ~ s~l~ ~l~ ~8e 2of3 ~ 3138 lint these sums prior to the expiration of this period, Lender may invok~ any remedie~ permitted by this Securivy Instrument wilhout further notice or demand on Borrower. B.Y SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider, .,. (Seal) (Seal) .. (Seal) ., (Seal) (Seal) Cseal) MULTISTATE ADJUSTABLE RATE RID~t.-LIBOR SIX-MONTH INDEX (AS PUBLiUt-U~ IN THE WALL ST~m:t JOUl~lAL).-~ir,{lg~~mily-Fnnu/e Mae Modi~ed Instrument ~ ~,~,,~,,~.~.r..(~ ~1~ Pa~e 3 of 3 Form 3138 VERIFICATION I, Michael Vestal, as the representative of the Plaintiff corporation within named do hereby verify that I aln authorized to and do make this verification on behalf of the Plaintiffcorporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information mad belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: ~[ Countrywide Home Loans 0 SHERIFF'S RETURN - REGULAR CLSE NO: 2002-02976 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CIERVO ALFONSO ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CIERVO ALFONSO the PLAINTIFF , at 1100:00 HOURS, at 2148 CHESTNUT STREET CAMP HILL, PA 17011 DAWN WOODWARD on the 25th day of June , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~-- day of ~ ~2_~ A.D. ! ! ~rothonotary ' ! ' So Answers: R. Thomas Kline 06/26/2002 GOLDBECK MCCAFFERTY MCKEEVER By: D~uty She~f f SHERIFF'S RETURN - REGULAR CASE NO: 2002-02976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CIERVO ALFONSO ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODWARD DAWN the DEFENDANT , at 1100:00 HOURS, on the 25th day of June at 2148 CHESTNUT STREET , 2002 CAMP HILL, PA 17011 DAWN WOODWARD a true and attested copy of by handing to COMPLAINT & NOTICE 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 .00 16.00 Sworn and Subscribed to before me this ~ day of ,~~3~32_ A.D. ~ P~othonot ary 06/26/2002 GOLDBECK MCCAFFERTY MCKEEVER GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Joseph A. Goldbeck, Jr., Esquire Attorney I.D. #: 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. ALFONSO CIERVO DAWN CIERVO Plaimiff Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY : No. 02-2976 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter discontinued and ended. GOLDBECK, McCAFFERTY & McKEEVER BY: Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Joseph A. Goldbeck, Jr., Esquire Attorney I.D. #: 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. ALFONSO CIERVO DAWN CIERVO Plaintiff Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY : No. 02-2976 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Praecipe to Discontinue and End was sent by first class mail, postage pre-paid, upon the following on the date listed below: Joseph B. Sobel, Esquire Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 Date: GOLDBECK, McCAFFERTY & McKEEVER Jo~l~h A. l~'o'lclbec~~, J'f., gsquire Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC., Plaintiff VS. ALFONSO CIERVO DAWN CIERVO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2976 Civil Term ACTION IN ASSUMPSIT PRAI=CIPF TC) MARK ~C)IINTFR~I._AIM RFTTI ~=n AND I')IR~NTINilFI~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: This ~ °___~~ day of January, 2003, please mark this Action Discontinued by mason of Settlement by the Parties. Joseph B. Sobel, Attorney for Defendants and Counterclaim Plaintiffs Alfonso Ciervo and Dawn Ciervo I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-22OO ~FRTIFI~TF ~F I hereby certify that on the 2_J ~-r day of January, 2003, a true and correct copy of the foregoing Praecipe to Mark Counterclaim Settled and Discontinued was served upon Plaintiff by mailing same by United States mail, first class, postage pre-paid, to its attorney of record, at the following address: JOSEPH A GOLDBECK JR ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500- THE BOURSE BLDG 111 S INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for Defendants and Counterclaim Plaintiffs Alfonso Ciervo and Dawn Ciervo I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-22OO