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HomeMy WebLinkAbout07-0442MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Vs. Matthew H. Tilden 401 North Bedford Street Carlisle, PA 17013, and Jesica A. Jumper 401 North Bedford Street Carlisle, PA 17013, Attorney for Plaintiff File 5.05787 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0 Al ACTION MORTGAGE FORECLOSURE Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee, 1100 Corporate Center Drive Raleigh, NC 27607 Plaintiff, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09- Vs. Matthew H. Tilden 401 North Bedford Street Carlisle, PA 17013, and CIVIL ACTION MORTGAGE FORECLOSURE Jesica A. Jumper 401 North Bedford Street Carlisle, PA 17013, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Wells Fargo Bank, NA as Trustee (the "Plaintiff'), is a California corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Corporate Center Drive, Raleigh, NC 27607. 2. Defendants, Matthew H. Tilden and Jesica A. Jumper, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Matthew H. Tilden, Defendant, resides at 401 North Bedford Street, Carlisle, PA 17013. Jesica A. Jumper, Defendant, resides at 401 North Bedford Street, Carlisle, PA 17013. 4. On May 23, 2005, in consideration of a loan in the principal amount of $75,600.00, the Defendants executed and delivered to WMC Mortgage Corporation a note (the "Note") with interest thereon at 7.625 percent per annum, payable as to the principal and interest in equal monthly installments of $535.09 commencing July 1, 2005. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for WMC Mortgage Corporation a mortgage (the "Mortgage") dated May 23, 2005, recorded on May 24, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1908, Page 1596. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 401 North Bedford Street, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal .................................. $74,860.96 Accrued but Unpaid Interest from 7/1/06 to 1/18/07 @ 7.625% per annum ($15.64 per diem) ........................................$3,159.28 Accrued Late Charges ....................................$107.00 Corporate Advance ......................................... $150.00 Escrow Advance ..........................................$4,868.63 Title Search Fees ............................................$350.00 Deferred Late Charges ........................................$0.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 01/18/2007 .......................... $84,745.87 Plus, the following amounts accrued after January 18, 2007: Interest at the Rate of 7.625 per cent per annum ($15.64 per diem); Late Charges of $26.75 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.40 1 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 401 North Bedford Street, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on October 4, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $84,745.87, plus the following amounts accruing after January 18, 2007, to the date of judgment: (a) interest of $15.64 per day, (b) late charges of $26.75 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unsworn falsification to authorities. Name: Chrisovalante P. Fliakos, Esquire Title: Attorney 12-19-'06 14;50 FROM- Dec-10-2006 1Z:ZOam From- ET A T-496 P28/33 U-328 i-sss r.YU/aJ6 r-car ALL THAT C RTAJN tract of laud, Mpdw with *a improvemc? th sM aeatK synmts in the yi= Ward of the Emu* of Carlisle, Ombwlnd C&jrAy, pW=ylvmd% bamded aad de=IW as 61iow5: ON THE nmthoast by lot foamly of Whim Milla and now or farmedy of Ed= K MMa, ]Drown as 403 Nunh Bedford SUN on the sad mat by ae alloy; on tic maddest by Em Street; sod on the nw&wrst by North Bedford Std CONTAJN O on North Bed W Storer an a line P=Ud av4 said street 20 that 02 *wbos, attending st sn oven dtp>h of 18 feet, more or iess, fora dim ahmg'R1m Street of 1615wrto oaid alloy; and IS3 faol, mane or less, an the dividing line bet%= said lot hadn deMAW and the lot a4oin4 on the awdu at, foanedy of William M311er and DOW or fivroxrly dPAbm M. MMaC, iawvtm as 403 Nast MOW Street THE ABOVE-descnlW nett of land has thereon aeftd dre xm&west= one-helf of a double two and one half story d"Uing lmmo,1amm bad nmbei4d U 401 Nnrlb TW ford Surer BE r, the Saris promisee wbxh David C. Lebo, , by bk dcW dated ]=my 28, 2WO aid ro m*d m Qm*wlud C0=1Y, pOWYIvat7gt Jared Book 21S, pap 771, Swwd and caaveM tmto 34= IL Ifmbns, single man, Cantor herein. EXHIBIT A BK 19a$Pu 161 1 HOMEQ SERVICING DF785 October 4, 2006 MATTHEW H TILDEN 401 BEDFORD ST N CARLISLE, PA 17013 HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER CURRENT LENDER/SERVICER: ACT MATTHEW H TILDEN 401 N BEDFORD ST CARLISLE, PA 17013 0323886887 HomEq Servicing Corporation 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 Rases. The HOMEOWNEREMERGENCY MORTGAGE ASSISTANCE PROGR AM (HEMAP) maybe able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, 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 with the counseline asencv. The name, address, and phone number of Consumer Credit Counseling Agencies servingyour county are listed at the end o this , Notice. I yqu 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 NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUER VIVIENDO EN SU CASA- SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE E WACHOVTA HOMEOWNER&MERGENCY 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 PROVISION OF THE HOMEOWNERE MERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN NEXT THIRTY (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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your yroyerty is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/seivicer, you have the right to apply for financial assistance from the HomeownerEmergency M ortgage Assistance Program. To do so, you must fill out, sign and file a completed HomeownerEmergency Assi stance 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 completed 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 401 N BEDFORD ST CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $1,605.30 c) Late Charges: $53.50 d) Recoverable Corporate Advances: $9.50 e) Other Charges and Advances: $0.0 f) Less fiords in Suspense: $0.00 g) Total amount past due as of (due date): $1,668.3 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) day s from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDERISERVICER, WHICH IS $1,668.3 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made elther by casbiambeck ce rtified check or money order made payable to HomEa and sent to: Regular Mail HomEq Servicing Corporation P. 0. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure anv other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay o$ the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeyfees actually incurred by the servicer even if they are over $50.00. Any attorne)*es will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY Period, You will not be required to nav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY. (30) day period and foreclosure proceedings have begun, you, still have the right to cure the default and prevent the sale at any time uP to one hour before the SherifMale You may do so by paving the total amount then Past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the SheriffSale as specified in writing by the lender/servicer 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 Sheriffsale of the mortgaged property could be hel d would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriffsal a will be sent to you before the sale. 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 tender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counse ling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sherdbale will end y our ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffsale, a lawsuit to remove you and you r furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 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 THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE 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/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM 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 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Deny 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 1 (800) 342-2397 HOMEQ SERVICING DF785 October 4, 2006 JESICA A JUMPER 401 BEDFORD ST N CARLISLE, PA 17013 HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDERISERVICER: ACT JESICA A JUMPER 401 N BEDFORD ST CARLISLE, PA 17013 0323886887 HomEq Servicing Corporation 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortQaae on your home is in default and the lender intends to foreclo_s_e Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER EMERGENCY MORTGAGE ASSISTANCE PROGR AM (HEMAP) maybe able to help to save your home. This notice explains how the program works. To see if HEMAP can help you. 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 with 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 NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE E W.A.CHO rA HOMEOWNEREMERGENCY 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 PROVISION OF THE HOMEOWNERE MERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the HomeownerEmergency M ortgage Assistance Program. To do so, you must fill out, sign and file a completed HomeownerBmergency Assi stance 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 completed 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 fiords for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have Med 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 secured by your property located at: 401 N BEDFORD ST CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $1,605.30 c) Late Charges: $53.50 d) Recoverable Corporate Advances: $9.50 e) Other Charges and Advances: $0.0 f) Less funds in Suspense: $0.00 g) Total amount past due as of (due date): $1,668.3 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) day s from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $1,668.3 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashie check, ce rtified check, or money order made payable to HomEa and sent to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered duo immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged Droverty. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneyfees actually incurred by the servicer even if they are over $50.00. Any attorneyfees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period, you will not be required to nay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the We at any time up to one hour before the Sheriff5ale. You may do so by paving the total amount then past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the SheritMale as specified in writing by the lender/servicer 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 Sheriffsale of the mortgaged property could be hel d would be approximately five (S) months from the date of this notice. A notice of the actual date of the SheriffSal a will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local course ling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFFS SALE You should realize that a Sheriffsale will end y our ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffsale, a lawsuit to remove you and you r furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 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 THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE 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/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM 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 1 (888) 511-2227 Community Action Commission of Capital 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 1 (800) 342-2397 X r - , f at_) -mil G t3 Crl 'C OV) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA as TRUSTEE, Plaintiff, vs. MATTHEW H. TILDEN and JESICA A. JUMPER, Defendant(s). CIVIL DIVISION No. 07-442 Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of: MATTHEW H. TILDEN and JESICA A. JUMPER, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO BANK, NA as No. 07-442 TRUSTEE, Plaintiff, VS. MATTHEW H. TILDEN and JESICA A. JUMPER, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant, MATTHEW H. TILDEN and JESICA A. JUMPER, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. After reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 1 of the Complaint, and therefore defendant specifically deny the same and demand strict proof thereof at time of trial. 2. Paragraph 2 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 is admitted. 4. Paragraph 4 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 4 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 5. Paragraph 5 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 5 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 6. Paragraph 6 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, defendant(s) requests this court to enter a judgment in his/her/their favor and or dismiss the plaintiff s complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO BANK, NA as No. 07-442 TRUSTEE, Plaintiff, VS. MATTHEW H. TILDEN and JESICA A. JUMPER, Defendant. VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) MATTHEW H. TILDEN and JESICA A. JUMPER and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO BANK, NA as No. 07-442 TRUSTEE, Plaintiff, VS. MATTHEW H. TILDEN and JESICA A. JUMPER, Defendant. CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this FebrUM 7. 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _? by first class mail, postage prepaid on the following: CHRISOVALANTE P. FLIAKOS, ESQ. MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Date __ _ ,, ? ?? _ r - ? rYl..r i ?.. f , . ?..? , t,? ?-1 _=.-a • ` y'w3 ??..) -^C. • - C. 1 r i MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee, Plaintiff, Vs. Matthew H. Tilden, Attorney for Plaintiff File 5.05787 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-442 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Jesica A. Jumper, Defendants. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes Plaintiff, Wells Fargo Bank, N.A. as Trustee, by its attorney, Chrisovalante P. Fliakos, Esquire of Milstead & Associates, LLC, and hereby moves this Honorable Court to enter summary judgment against Defendants, Matthew H. Tilden and Jesica A. Jumper, in this mortgage foreclosure action and in support thereof avers the following: I. INTRODUCTION 1. This motion for summary judgment (the "Motion") comes before this Court upon an action in mortgage foreclosure. 2. Defendants, Matthew H. Tilden and Jesica A. Jumper, (the "Defendants"), filed an Answer in which they effectively admit all of the allegations of the Complaint or answered with general denials and have failed to specifically deny the mortgage default. {00149887} l II. PARTIES 3. Plaintiff, Wells Fargo Bank, NA as Trustee (the "Plaintiff'), is a California corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Corporate Center Drive, Raleigh, NC 27607. 4. Defendants are adult individuals and are the real owners of the premises commonly known as 401 North Bedford Street, Carlisle, PA 17013. - III. BACKGROUND 5. On May 23, 2005, in consideration of a loan in the principal amount of $75,600.00, the Defendants executed and delivered to WMC Mortgage Corporation a note (the "Note") with interest thereon at 7.625 percent per annum, payable as to the principal and interest in equal monthly installments of $535.09 commencing July 1, 2005. 6. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for WMC Mortgage Corporation a mortgage (the "Mortgage") dated May 23, 2005, recorded on May 24, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1908, Page 1596. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 401 North Bedford Street, Carlisle, PA 17013. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. {00149887} 9. The following amounts are due on the Mortgage and Note: Balance of Principal .................................. $74,860.96 Accrued but Unpaid Interest from 7/1/06 to 1/18/07 @ 7.625% per annum ($15.64 per diem) ........................................$3,159.28 Accrued Late Charges ....................................$107.00 Corporate Advance .........................................$150.00 Escrow Advance ..........................................$4,868.63 Title Search Fees ............................................$350.00 Deferred Late Charges ........................................$0.00 -- -- _ Reasonable Attorney's Fees ................... ...$1,250.00 TOTAL as of 01/18/2007 ......................... .$84,745.87 Plus, the following amounts accrued after January 18, 2007: Interest at the Rate of 7.625 per cent per annum ($15.64 per diem); Late Charges of $26.75 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 401 North Bedford Street, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on October 4, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 11. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 12. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants admit the default, but fail to specifically dispute the amount of the default. 13. Because Defendants' Answer does not create a genuine issue of material fact, this matter is ripe for disposition by way of summary judgment. {00149887} ob A. BACKGROUND On May 23, 2005, in consideration of a loan in the principal amount of $75,600.00, the Defendants executed and delivered to WMC Mortgage Corporation a note (the "Note") with interest thereon at 7.625 percent per annum, payable as to the principal and interest in equal monthly installments of $535.09 commencing July 1, 2005. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registrafion Systems; Iric. as nominee for W c-Mortgage Corporation a mortgage (the "Mortgage") dated May 23, 2005, recorded on May 24, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1908, Page 1596. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. The Mortgage secures the following real property (the "Mortgaged Premises"): 401 North Bedford Street, Carlisle, PA 17013. B. DEFAULT AND RELIEF REQUESTED The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage and Note: Balance of Principal .................................. $74,860.96 Accrued but Unpaid Interest from 7/1/06 to 1/18/07 @ 7.625% per annum ($15.64 per diem) ...................................... ..$3,159.28 Accrued Late Charges ............................... .....$107.00 Corporate Advance .................................... .....$150.00 Escrow Advance ........................................ ..$4,868.63 Title Search Fees ....................................... .....$350.00 t00149887} Mb Deferred Late Charges ........................................$0.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 01/18/2007 ..........................$84,745.87 Plus, the following amounts accrued after January 18, 2007: Interest at the Rate of 7.625 per cent per annum ($15.64 per diem); Late Charges of $26.75 per month. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 401 North Bedford Street, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on October 4, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. III. ARGUMENT There is no genuine issue of material fact as to Defendants' obligations under the Note and Mortgage and default on their obligations under the Note and the Mortgage. Thus Plaintiff is entitled to judgment as a matter of law. Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment will be granted if: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report... Pa.R.Civ.P. 1035.2; Eckenrod v. GAF Com., 375 Pa. Super, 187, 192, 544 A.2d 50, 53 (1988), allocatur denied, 520 Pa. 605, 553 A.2d 968 (1988); McCain v. Pennbank, 379 Pa. Super. 313, 318-319, 549 A.2d 1311, 1313-14 (1988); see, also, Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Musser v. Vilsmeier Action Co., 522 Pa. 367, 753, 562 A.2d 279, 280 (1991) (Summary {00149887) judgment is proper where the facts are undisputed and only one conclusion may reasonably be drawn from them, that is, in those cases that are clear and free from doubt). A non-moving party may not rely merely upon controverted allegations in the pleadings, but must set forth specific facts by way of affidavit, or in some other way as provided by Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, demonstrating that a genuine issues exists. Atkinson v. Haug, 424 Pa. Super. 406, 411, 622 A.2d 983, 985 (1993). Bald, unsupported assertions of conclusory accusations cannot create genuine issues of material fact. McCain, 379 Pa. Super. at 318-19, 549 A.2d 1313-14. In this case, there is no genuine issue of material fact as to Defendants' default on their obligations pursuant to the Note and Mortgage (sometimes hereinafter collectively referred to as the "Loan Documents"). The Loan Documents state that as conditions of the Loan Documents, Defendants must make all payments in the Loan Documents when due and in the amount due. The Defendants did not specifically deny the default under the Loan Documents. The Loan Documents also state that if this condition is breached, Plaintiff may declare the Mortgage to be in default, demand immediate payment of the Note and foreclose on the Mortgage and Property. Notably, upon default, there is no requirement that Plaintiff provide notice of the acceleration prior to acceleration. According to the Loan Documents, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. The Defendants essentially admit the material facts set forth in Plaintiff's Complaint, which include, inter a1ia, the existence of the Loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default of the Mortgage. Again, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify t00149887} the amount they believe is due under the Note and Mortgage. In other words, the Defendants do admit the default but fail to specifically dispute the amount of default Defendants' Mortgage account is contractually due for the period of August 1, 2006 to date, a period of over six (6) months to the date of the filing of this Motion. Thus, Defendants are living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action in Mortgage Foreclosure was filed and, as of this date, Defendants have failed to bring the account current. Since the Defendants do not dispute the default under the Loan Documents there is no material fact subject to a genuine dispute. Again, the Defendants make bald unsupportable claims that can not defeat summary judgment as the Defendants do not dispute the default under the Loan Documents. Accordingly, the instant matter is ripe for summary judgment. t00149887} III. CONCLUSION WHEREFORE, for the foregoing reasons, Plaintiff, Wells Fargo Bank, NA as Trustee, respectfully requests that summary judgment be entered in its favor and against the Defendants, Matthew H. Tilden and Jesica A. Jumper. Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC BY. Chrisovalante P. Fliakos, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff, Wells Fargo Bank, N.A. as Trustee {00149887} MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee, Plaintiff, Vs. Matthew H. Tilden, and Jesica A. Jumper, Defendants. Attorney for Plaintiff File 5.05787 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-442 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Chrisovalante P. Fliakos, hereby certify that I have caused to be served a copy of Plaintiff's Motion for Summary Judgment with Supporting Affidavit, Memorandum in Support of Plaintiff s Motion for Summary Judgment and proposed form Order by first class mail, postage pre-paid this Z3114 day of February 2007 upon Defendant's Counsel addressed as follows: Fred W. Freitag, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Chrisovalante P. Fl akos, Esquire {00149887} r ' MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee, Plaintiff, Attorney for Plaintiff File 5.05787 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Matthew H. Tilden, and Jesica A. Jumper, Defendants. No.: 07-442 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE ORDER AND NOW, this day of 2007, upon consideration of the Motion of Plaintiff, Wells Fargo Bank, N.A. as Trustee, ("Plaintiff'), for Summary Judgment (the "Motion"), and the responding papers thereto and the arguments of counsel, if any, it is hereby: ORDERED AND DECREED that the Motion is hereby GRANTED; and it is further ORDERED that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Matthew H. Tilden and Jesica A. Jumper, in the amount of $84,745.87 together with interest from and after January 18, 2007 at the per diem rate of $15.64 per diem, and Late Charges of $26.75per month, plus attorneys' fees and costs of suit. BY THE COURT: J. {00149887} r ' MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 5.05787 Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS - - -CUMBERLAND COUNTY- Plaintiff, Vs. Matthew H. Tilden, No.: 07442 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Jesica A. Jumper, Defendants. STATE OF NEW YORK : COUNTY OF NASSAU SS. Andrew Goldberg, Esquire, being duly sworn to law, deposes and says that: 1. I, Andrew Goldberg, am the attorney in fact of the Plaintiff, Wells Fargo Bank, N.A. as Trustee herein and am fully familiar with the facts contained herein. 2. As such, I make the within Affidavit based upon my knowledge of this matter 3. Plaintiff, Wells Fargo Bank, NA as Trustee (the "Plaintiff'), is a California corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Corporate Center Drive, Raleigh, NC 27607. 4. Defendants are adult individuals and are the real owners of the premises commonly known as 401 North Bedford Street, Carlisle, PA 17013. {00149887} 5. On May 23, 2005, in consideration of a loan in the principal amount of $75,600.00, the Defendants executed and delivered to WMC Mortgage Corporation a note (the "Note") with interest thereon at 7.625 percent per annum, payable as to the principal and interest in equal monthly installments of $535.09 commencing July 1, 2005. 6. To secure the obligations under the Note, the Defendants executed and delivered - - - - - -- to Mortgage Electronic Registration- Systems, Inc. as nominee for WMC Mortgage Corporation a - - - mortgage (the "Mortgage") dated May 23, 2005, recorded on May 24, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1908, Page 1596. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 401 North Bedford Street, Carlisle, PA 17013. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal ................................. $74,860.96 Accrued but Unpaid Interest from 7/ 1 /06 to 1/ 18/07 @ 7.625% per annum ($15.64 per diem) ...................................... .. $3,159.28 Accrued Late Charges ............................... ..... $107.00 Corporate Advance ......................................... $150.00 Escrow Advance .......................................... $4,868.63 Title Search Fees ............................................ $350.00 Deferred Late Charges ....................................... $0.00 100149887} e ' Reasonable Attorney's Fees ........................ $1,250.00 TOTAL as of 01/18/2007 .......................... $845745.87 Plus, the following amounts accrued after January 18, 2007: Interest at the Rate of 7.625 per cent per annum ($15.64 per diem); Late Charges of $26.75 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.=1680.401(c) of the 1983 - - - Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 401 North Bedford Street, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on October 4, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 11. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 12. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants admit the default, but fail to specifically dispute the amount of the default. 100149887} I certify that the foregoing statements made by me are true and correct. I am aware that if any of the statements made by me are willfully false, I am subject to punishment. Wells Fargo, N.A as Trustee under the a ent By Barclays Capital Real Estate Inc a_ia?Eq Servicing, attorney in fact By: Name: Andrew Goldberg Title: Rosicki, Rosicki, Attorney in Fact Associates Sworn to and Subscribed Befbrq?mq this D day Of , 2007 Notary Pub is ..r N fork S"l): -t P;=^,?`J TAF r icrt COVr {00149887) EXHIBIT "A" ADJUSTABLE RATE NOTE (6-Month LIBOR Index - Rate Caps) (First Business Day of Preceding Month Lookback) TILDEN Serv 11: 11225405 Loan 11:11225405 MIN¢ 100236300112254cs6 THIS NOTE CONTAINS PROVISIONS 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. May 23, 2005 CARLISLE Pennsylvania [Date] [City] [State] 401 X. BEDFORD ST, CARLISLE, PA 17013 [Pr?'? COPY OF ORIGINAL 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 75 , 6 00.00 (this amount is called "Principal'), plus interest, to the order of the Lender. The Lender is WMC MORTGAGE CORP. I will make all payments under this Note in the form of cash, check-or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.625 010. 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 Section 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 I will pay principal and interest by snaking a payment every month. I will make my monthly payment on the is t day of each month beginning on,7uly 1, 2005 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. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1, 2035 , 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 make my monthly payments at 6501 IRVINE CENTER DRIVE, IRVINE, CA 92618 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 the amount of U.S. S 535.09 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan 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 fast day of June, 2007 , and may change on that day every 6 th 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 six month London Interbank Offered Rate ("LIBOR") which 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 most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." MULTISTATE ADJUSTABLE RATE VOTE-6 4iontli LIBOR Index (First Business Day Lookbact+-Single Famity- DDCUDPVI Paget o174 oocoorn.vrx 07/22/2004 11225405 0 0 11225405 If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six percentage point(s) ( 6. o o o %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.625 % or less than 7.625 Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(s) ( i . 0 0 0 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.125 %, or less than 7.625 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrual and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthlypayment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such I= charge shall be reduced, by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note. Holder may choose to mike this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. o 0 o % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. MULTISTATE ADJUSTABLE RATE NOTE-6.61ontd LIBOR Index (First Business Day Lookback) -Single Family- OOCUM2 Page 2 of 4 00cserr2.v= 06/06/4004 1122S405 0 11225405 (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those cxpea= include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by 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 person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts dte. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons than amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate 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. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE ADJUSTABLE RATE NOTE-6-Nlaafh LIBOR Index (First Business Day Lookback)•Singic Family-- ocxwPV3 Page 3 of4 DOtODYY-M 07/0112004 11225405 • S 11225405 If Lender exercises the option to require immcdiate payment in full, Lender shall give Borrower notice of acceleration. Tic 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 aII 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. [Sign Original Only] MULTISTATE ADJUSTABLE RATE NOTE-6-Month LIBOR Index (First Business Day Lookback}-Single Family-- DMUDPra Page 4 or4 D0CODPr[.97T 07109/200{ WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 9 0 ADDENDUM TO NOTE PREPAYMENT PENALTY - FIRST ( 2 ) YEARS OF NOTE Servicing A: 11225405 Loan Humber: 11225405 This Addendum is made this 23rd day of May, 2005 , and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by the undersigned (the `Borrower") to WMC MORTGAGE CORP. (the "Lender"} covering the property described in the Security Instrument and located at: 401 N. BEDFORD ST CARLISLE, PA 17013 [Property Address) To the extent that the provisions of this Prepayment Note Addendum (the "Addendum') are inconsistent with the provisions of the Security Instrument and/or the Note, the provisions of this Addendum shall prevail over and shall supercede any such inconsistent provisions of the Security Instrument and/or the Note. Section 5 of the Note is amended to read in its entirety as follows: BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment". Except as provided below, I may make a full prepayment or a partial prepayment at any time. If the original principal amount of this loan is $50,000 or less, I may make a full or partial prepayment without paying any penalty. However, if within the first Twenty-Four ( 24 ) months after the execution of the Note, I make any prepayment(s), the total amount of which exceeds Twenty percent( 20.000 %) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of six ( 6 ) months' advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds Twenty percent ( 20.000 Yo) of the original principal amount of the loan. If I make any partial prepayment, I must still make each later payment as it becomes due and in the same amount. In the event that I prepay this loan with proceeds from a loan made by the same Lender as noted above, I PAI pPpE?Nt?N?SS5YLVAN A - Addendum to Note 66CIfJi513 V= 08/0712043 EXHIBIT "B" -?b / ? Tax Parcel identification Number- 02-20-1800-342 Return To: WMC MORTGAGE CORP. - POST CLOSING 1 RAMLAND RD ?k •:J JL.:T 1. Lit ?J i_ Efi • K E L 0 iLDE.,? VF DG C J J 20GS MY 24 PM 3 38 5AI, L 46a'100 s - WIVO? ORANGRBIIRG, NY 10962 ATTN: (8quity Services) -- Prepared By: WMC MORTGAGE CORP. 63CGA AVSIitJS 10TH FL r HQ0323886887RMG Al 0016324626 - WOODLAND HILLS, CA 91367 0 [Space Above This Line For Recording Data) MORTGAGE TTraas serv 11225405 Loan # 111225405 MIN: 100136300112254056 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 24 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this docunerrt, which is dated May 23 , 2005 together with all Riders to this document. (B) "Borrower" is MATTHEW H TILDEN and JESICA A allMPER . 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 laws of Delaware, and has an address and telephone number ofP.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is WNC MORTGAGE CORP . Lender is corporation a organized and existing under the laws of CALxFOT=A Lender's address is P.O. BOX 54089, LOS ANGELES, CA 90054-0089 (E) "Note" moans the promiscory>mte signed by Borrower and dated May 23, 2005 The Note states that Borrower owes Lender Seventy-Five Thousand Six Hundred And 00/100 Dollars (U.S. $75,600. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2035 PENNSYLVANIA - Single Family - Faante MaeWreddk Mae UNIFORM INSTRUMENT FORM 30391/01 DoanaAI (Page I of 15 Pages) DDC00L1.T= 01111/5005 81{ 1908PG 1596' 11225405 11225405 (F) "Property" means the property that is described below under the heading "'Transfer of Rights in the Property." (G) "Load' means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (8) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]. Adjustable Rate Rider ? Condominium Rider _ _ _ _ ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider [) 14 Family Rider ? Other(s) [specify] (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, uon-appealable judicial opinions. (J) "Community Association Dues, Fees, 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. (It) "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, telephouic 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, poin"f--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described m Sectiou 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction ot; the Property; (iii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1) "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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to tithe, or any additional or successor legislation or regulation that governs the same subject hatter. 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. (() "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 (iii) the performance of Borrower's covenants and agreements under this PENNSYLVANIA - Single Family - Faaate MaeJFreddie Mae UNIFORM INSTRUMENT PORHM91mi DOCUKPA2 (Page 2 of 15 Pag-) n000[?11_r= 01/11/20M Q tgO -sJ597 11225405 11225405 Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (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 COONTY of CUMBERLAND (Type of Recording Jurisdiction) (Name of Recording Jurisdiction) LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND MMWbf AS Ell, IT W. which currently has the address of 401 N. BEDFORD ST , [Street] CARLISLE , Pennsylvania 2.7013 (""Property Address"). [City] [zip Code] TOGETBER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security' Instrument as the "Property." Borrower nndastands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Rents, Prepayment' Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay f ruds 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 inshument 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. PENNSYLVANIA - Single Fanaly - Fagnie MadFYeddie Mae UNIFORM INSTRUMENT FORM 30391/01 rwctXPAs (Page 3 of 15 Pages) D0=XV3a.9TZ 011/3-1/2"s BKI908PG1598 11225405 11225405 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. 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 finds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leander shall either apply such fiords or retum them to Borrower. If not applied earlier, such fiords will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied 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 bender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in frill. To the extant 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 lane charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Ftmdel to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insuratm premiums in accordance with the provisions of Section IQ. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Leander 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 Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts duo 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 PENNSYLVANIA - Single F"y - Faante Mae/Freddie Mac UNIFORM INSTRUMENT FORM 3039 1/01 DOCUKPA4 (Page 4 offs Pages} D0C9M4.P= 014112005 BK 1908PG 1599 112 25405 11225405 and pay such amount and Borrower shall then be obligated under Section 9 to repay to bender 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 tare, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Fender shall estimate the amount of Fluids 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 bored by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Itenffi no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Fonds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surphms of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fiords in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under 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 mate 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 Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, kasebold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or dtfends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the hen while those proceedings are pending, but only until such proceedings am concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security lnstrument, 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 time actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan_ 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and, floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. PENNSYLVANIA - Single Fanuly - Fannie Mae(Freddie Mae UNIFORM INSMUMENr FORM 3039 IMI UOCLMPA3 (Page S of 15 Pages) DOCWWAS.VTZ 01/1112003 BKI908PG1600 11225405 11225405 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 tine remappimgs 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 detetmination resulting from an objection by Borrower. 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 arty risk hazard or liability and tnight provide greater or lesser coverage than, was previously in effect. Borrower aclmowledges that the cost of the insurance coverage so obtained might significn ly 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 litstrument. 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 certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtams 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 Lender as mortgagee and/or as an additional loss payee. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless 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 Lender'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, Lender 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 shat! not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnstrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available Wi surance claim and related uratters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (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. Lender may use the PENNSYLVANL4 - Single Family - Fannie Mae/Freddte Mac UNIFORM rNTMUMENT FORM 3039 1/01 DOCUUM (Page a of/ J Pages) a6cvz ".VM 61/32,/2665 8Ki908PG1601 11225405 11255405 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. 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 bender 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 make reasonable entries upon and inspections of the Property . If it has reasonable cause, Lender may inspect the interior of the irnpmvernertts 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. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, tnisleading, 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 Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Iastrut=t, 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 court; 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 Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These arnoutnts shall bear interest at the Note rate from the date of PENNSYLVANIA - Single Farniiy - Fannie Ma"reddte Mae UNIFORM INSTRUMENT FORM 30391/01 L7.VTX 41/11/30os (Pager 70flS Pager) BK t 908PG 1602 11225405 11225405 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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. $orrower shall not, without the express written consent of Lender, alter or amend the ground 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 contimme 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-reftmdable, 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 Irmrance 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 premium 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-reflmdable 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 ibis 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 parry to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage am= and the other party (or parties) to these agreements. These agreements nay require the mortgage insurer to make payments using any source of Rinds that the mortgage insurer may have available (which may include funds obtained fmm Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreernerrt 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." Fmther_ (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wlli not Increase the amount Borrower will owe for Mortgage Insurance, and they wilt not entitle Borrower to any refund. (b) Airy 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 PENNSYLVANIA - Singte Family - Fannie MaeTreddie Mae UNIFORM IKSTRUMENT FORM 34391/91 DOCERTAS (Page 8 Of l S Pages) DOCOXY&O.tTt BL/U12005 OK ! 903PG 1603 11225405 11225405 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 socu¢ity is not lessened. During such repair and-restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to ' inspect such Pro perry to ensure the work has been cono}ilefiad 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 secttrity would be lessened, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, wbether 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 Iustnmient immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree is writing, the sums secured by this Security instrtnnent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured itnnx&tely 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, 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 Ims than the amount of the stems 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 wbether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower faits 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 Instrunent, whether or not then due. "Opposing Party" means the third party chat 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 Instruument. 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA - single Fanuly - Fang Mae/Freddie Mae UNIFORM INSTRUMENT FORM 3034 1/01 DDCXW Al T= 02/12/200s (Page 9 of is P09-1 8,W! g?B?G! 604 11225405 11225405 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the stuns secured by this Security Instrument granted by bender 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 firm 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 sball be joint and several However, any Borrower who co-signs this Security Inst ument but does not execute the Note (a "co-signer'"): (a) is co-signing this Security Instrument only to mortgage, giant and convey the co-signer's interest in the Property under the tams 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 1.8, 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 lnstrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instr mrew unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not 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 (whetter 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 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 o1herwise. 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 PENNSYLVANIA - Single Famly - Fannie MaefFreddie Mat UNIFORM INSTRUMENT FORM 3039 rrot DOQriFAEa (Page 10 Jr o15 Pager) aocr®xs.m 011211to05 BK 1908PG 1605 11225405 11225405 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 shalt 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; Severabillty; Rules of Construction. This Security Instrmrent shalt 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 aright 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 (e) the word "may" gives sole discretion without airy obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender way 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 Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Insminient 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 night specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due trader this Security Instrument and the Note as if no acceleration had occurred;. (b) cures any default of any other covenants or agreements; (c) pays all expenses incuir'ed 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 Leader'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 uncbanged. 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 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT FORM 30391/01 n00121" N.WX 01/1112005 (Page 11 of IS Pages) BK 190BPG 1606 21225405 11225405 is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security lrstrwnent) can be sold one or more times without prior notice to Borrower. A sale might result. in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also night be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Selvicer, 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 conr=tioa with a notice of transfer of servicing. If the Note is sold and thereafter the Load is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ]oats servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which triast elapse before certain action can be taken, that tune period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flan=able 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. 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, duce 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 Progeny and any Hazardous Substance or Environmental Law of Much 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 PENNSYLVANIA - Sing>c Family - Fannle HadFreddte Mac UNIFORM INSTRUMFNr FORM 30341/01 DOCU19PA12 (Page 11 of 1S Pages) VDCD"AC.VTi 61/11/2405 Bit 1 g0$PG 1617 12225405 11225405 which adversely affrds 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 rernediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all aecessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an EnvirotunenW Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender fiuther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shalt notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as speed may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in fall of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by AppiicabieLaw. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security 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 hoar prior to the cottmnncement of bidding at a sherifrs 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. PENNSYLVANIA -Single Fairly - Fanaie Ma&Fred&e Mac UNIFORM INSTRUMENT FORM 39391/61 DDCUXPA13 (Page I3 of IS Pegs) aocowan.vrs 01/3-1/aoos BKI908PG1608 11225405 21225405 BY SIGNING BELOW, Borrower accepts and agrees to the teens and covenants contained is this Security Instrurnent and in any Rider executed by Borrower and recorded with it. PENNSYLVANIA - Singk r-2nuly - Faaaie Mae'Freddh Mac UNWORM INSTRUMENT FORM 3039 Vol DOCUOA14 (Page 14 of IS Pagm) 3)DCMae,vu 011111200s SK 1908PG 1609 11225405 [Space Below This Line For 11225405 Commonwealth of CA" , h? County of as l On this the ?,3 A--day of '?9'0 0 S- , before me M WY M, Pr i C' e, , the ern igued officer, personally appeared at? toaucr? a known to me (or satisfactorily proven) be the person(s) whose namegubscribed to the within instrument and acimowledged that executed the sane: for the purposes therein contained. In witness whereof, I hereunto set my and official seal. C0MbdgNWEALTH OF PENNSYLVAN NmanstSeal Mary M. Pnca, Numu Public C?elil9 Swo, Cumbe4and County My OMMiSSM Expites Aug. 18, 2 MonW, Pe "VWania Amciallm of Noarim CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 6320 CANOGA AVENUR 10TH FL (MAILROOM). WOODLAND SILLS. CA 93,367 , witness myhand thi$ 23rd day of May, 2005 Agent of Lender PENNSYLVANIA - Single Fmmly - Faante MmdFreddle Mae UNIFORM INSTRUMENT FORM 30391/01 oocuxrwu (Page !S of 15 Paga) vamRrAr.v= os/W205s BKI908PG1610 EXHIBIT "C" EXHIBIT A ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON THE northeast by lot formerly of William Miller and now or formerly of Edna M. Miller, known as 403 -North-Bedford Street; on. thesoutheast hy-n21ley; on the southwest-by-Elm Street;-and-on the northwest by North Bedford Street. CONTAINING on North Bedford Street on a line parallel with said street 20 feet 02 inches, extending at an even depth of 18 feet, more or less, for a distance along Elm Street of 161 feet to said alley; and 153 feet, more or less, on the dividing line between said lot herein described and the lot adjoining on the northeast, formerly of William Miller and now or formerly of Edna M. Miller, known as 403 North Bedford Street. THE ABOVE-described tract of land has thereon erected the southwestern one-half of a double two and one- half story dwelling house, known and numbered as 401 Notch Bedford Street. BEING the same premises which David C. Lebo, widower, by his deed dated January 28, 2000 and recorded in Cumberland County, Pennsylvania Deed Book 215, Page 771, granted and conveyed unto Stuart K Hankins, single man, Grantor herein. 8KI908PG1611 EXHIBIT "D" HOMEQ SERVICING DF785 October 4, 2006 l}1111iiiiiiElliiiiiiilliltliktl MATTHEW H TILDEN 401 BEDFORD ST N --CARLISLEFFA 4-7013- HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER CURRENT LENDERISERVICER: ACT MATTHEW H TILDEN 401 N BEDFORD ST CARLISLE, PA 17013 0323886887 HomEq Servicing Corporation 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 HOMEOWNEREMERGENCY MORTGAGE ASSISTANCE PROGR AM (HEMAP) maybe able to help to save your home. This notice explains how the program works. To see if HEMAP can help vow 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 with 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 NOTIFICAION EN ADNNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE E WACHOVTA HOMEOWNERN:MERGENCY 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 PROVISION OF THE HOMEOWNERE MERGENCY MORTGAGE ASSISTANCE ACT OF 1483 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the HomeownerEmergency M ortgage Assistance Program. To do so, you must fill out, sign and file a completed HomeownerEmergency Assi stance 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 completed 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The._MORT-OAGE debt secured by your p?elm located at 401 N BEDFORD ST CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $1,605.30 c) Late Charges: $53.50 d) Recoverable Corporate Advances: $9.50 e) Other Charges and Advances: $0.0 f) Less funds in Suspense: $0.00 g) Total amount past due as of (due date): $1,668.3 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) day s from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $1,668.3 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiarcheck, cc rtified check, or money order made uayable to HomEa and sent to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not avplicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon your mortsaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay o$ the mortgage debt. If the lender/servicer refers your _ case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actu y in up to O DU?iowever, r legal groceedngs are started against you, you will have to pay all reasonable attomeyfees actually incurred by the servicer even if they are over $50.00. Any attorneyfees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period, You will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY. (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SherWale You may do so by paving the total amount then vast due plus any late charges other charges then due reasonable. attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the SheriMale as specified in writing by the lender/servicer and by verforming 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 Sheriffsale of the mortgaged property could be het d would be approximately five (5) months from the date of this notice. A notice of the actual date of the SheriffSal a will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counse ling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sherif£sale will end y our ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sherif'fsale, a lawsuit to remove you and you r furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who wilt assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 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 THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE 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 _ LENDERLSER_VICE1t; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein Sincerely, HomEq Servicing Corporation Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA -----2000Linglestowa_Road _----__?. - - --------------- Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Deny 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 1 (800) 342-2397 r HOMEQ SERVICING DF785 October 4, 2006 JESICA A JUMPER 401 BEDFORD ST N CARLISLE,-PA-17013- HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDEPUSERVICER: ACT JESICA A JUMPER 401 N BEDFORD ST CARLISLE, PA 17013 0323886887 HomEq Servicing Corporation 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 EMERGENCY MORTGAGE ASSISTANCE PROGR AM (HEMAP) maybe able to help to save your home. This notice explains how the program works. To see if HE" can help you, 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 with the counseling agency The name, address, and phone number of Consumer Credit Counseling, Agencies serving your county are listed at the end o this Notice. If you have any -questions, you may call the Pennsylvania Housing Finance Agency toll free at I-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 NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE E WACH©VIA t „ r HOMEOWNERZMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP LOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERE MERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the HomeownerEmergency M ortgage Assistance Program. To do so, you must fill out, sign and file a completed HomeownerEmergency Assi stance 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 completed 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE . 4 Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 401 N BEDFORD ST CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $1,605.30 c) Late Charges: $53.50 d) Recoverable Corporate Advances: $9.50 e) Other Charges and Advances: $0.0 f) Less funds in Suspense: $0.00 g) Total amount past due as of (due date): $1,668.3 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) day s from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $1,668.3 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiercheck, ce rtiSed check, or money order made payable to HomEa and sent to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE . .0 w Page 4 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/servicer 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 opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action io foreclose upon your mortgaged Droperty. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to gay the reasonable attorneys" fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorne*es actually incurred by the servicer even if they are over $50.00. Any attomeyfees will be added to the amount you owe the lender/servicer, 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 attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at and time gp to one hour before the SheriffSale You may do so by paving the total amount then past due plus any late charges, other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sherifale as specified in writing by the lender/servicer and by performirrg_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 Sheri(;'fsale of the mortgaged property could be hel d would be approximately five (5) months from the date of this notice. A notice of the actual date of the SheriftSal a will be sent to you before the sale. 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 Iender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counse ling agency to notify HomErl that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheri£fsale will end y our ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffsale, a lawsuit to remove you and you r furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MOR'T'GAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 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 THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE 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/SERVICER;.ANDIOR -- • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sate will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation I •? R Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM 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 1 (888) 511-2227 Community Action Commission of Capital 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 1 (800) 342-2397 ('7 ra ca C= ° -rl . T _ r l t tl? r,? 'h Y co . ? tft SHERIFF'S RETURN - REGULAR CASE NO: 2007-00442 P a COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK VS TILDEN MATTHEW H ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TILDEN MATTHEW H the DEFENDANT , at 2135:00 HOURS, on the 1st day of February , 2007 at 401 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to JESICA A JUMPER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/02/2007 MILSTEAD & ASSOCIATES By. -,Z& De uty Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK VS TILDEN MATTHEW H ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JUMPER JESICA A was served upon the DEFENDANT , at 2135:00 HOURS, on the 1st day of February , 2007 at 401 NORTH BEDFORD STREET CARLISLE, PA 17013 JESICA A JUMPER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ;1!16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/02/2007 MILSTEAD & ASSOCIATES By. 6e4? De ty Sheriff of A. D. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court Wells Fargo Bank, NA as Trustee, Plaintiff, Vs. Matthew H. Tilden, and Jesica A. Jumper, Defendants. 1. Plaintiff's Motion for Summary Judgment. 2. Counsel who will argue the case: (a) for plaintiff- Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 COURT OF COMMON PLEAS CUMBERLAND COUNTY 6 ORIGINAL No.: 07-442 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE (b) for defendant: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date. Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC Q Chrisovalante P. Fliakos, Esquire 220 Lake Drive East, Ste. 301 {00159837} Cherry Hill, NJ 08002 Attorney for Plaintiff, Wells Fargo Bank, N.A. as {00159837} MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400Attorney for Plaintiff File 5.05787 Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. ' Matthew H. Tilden, No.: 07-442 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Jesica A. Jumper, Defendants. CERTIFICATE OF SERVICE I, Chrisovalante P. Fliakos, hereby certify that I have caused to be served a copy of the Praecipe for Listing Case for Argument for Plaintiff s Motion for Summary Judgment by first class mail, postage pre-paid this day of April, 2007 upon Defendant's Counsel addressed as follows: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Chrisovalante P. Fliakos, Esquire {00159837} C'? ? C'? ?. ? -r? dA ..T. ?7 { `? Y ...+.. Ti? . f _.. ?, 1 i N ? ?..... =? ...-:. .. .. '?. 1 _. r. itl ?: ? ;? t..71 le°,7 I w" MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 5.05787 Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Matthew H. Tilden, No.: 07-442 Civil Term and CIVIL ACTION MORTGAGE FORECLOSURE Jesica A. Jumper, Defendants. ORDER AND NOW, this aL ?( day of 042 , 2007, upon consideration of the Motion of Plaintiff, Wells Fargo Bank, N.A. as Trustee, ("Plaintiff'), for Summary Judgment (the "Motion"), and the responding papers thereto and the arguments of counsel, if any, it is hereby: ORDERED AND DECREED that the Motion is hereby GRANTED; and it is further ORDERED that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Matthew H. Tilden and Jesica A. Jumper, in the amount of $84,745.87 together with interest from and after January 18, 2007 at the per diem rate of $15.64 per diem, and Late Charges of $26.75per month, plus attorneys' fees and costs of suit. BY THE COU T: r A/ {OQ149887} 4 0 J. Y] 0 I Copies to: risovalante P. Fliakos, Esq. 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 Attorney for Plaintiff Xed W. Freitag, IV, Esq. 1040 Fifth Avenue Pittsburgh, PA 15219 Attorney for Defendants i r r MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee COURT OF COMMON PLEAS 701 Corporate Center Drive CUMBERLAND COUNTY Raleigh, NC 27607, Plaintiff, Vs. No.: 07-442 Civil Term Matthew H. Tilden 401 North Bedford Street Carlisle, PA 17013, and Jesica A. Jumper 401 North Bedford Street Carlisle, PA 17013, Defendants. PRAECIPE FOR JUDGMENT, INREM, PURSUANT TO COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Matthew H. Tilden and Jesica A. Jumper, Defendants, in accordance with the court order dated May 16, 2007 and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order $84,745.8i 'V Interest 1/19/07 through 05/16/07 1,845.52 Late Charges 107.00 Additional Corporate Advance 3,178.75 TOTAL $89,877.14 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. koy tt ached. hrisovalante P. Fli os, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: /y/j ?' A L-1 If ?? a ?&? I ? - PROT OTAR MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 A r55787 FWells Fargo Bank, NA as Trustee, Plaintiff, ' Vs. I Matthew H. Tilden, -OU CMF COMMON PLEAS CUMBERLAND COUNTY No.: 07-442 Civil Term and Jesica A. Jumper, Defendants. CIVIL ACTION MORTGAGE FORECLOSURE ORDER AND NOW, this ( day of 2007, upon consideration of the Motion of Plaintiff, Wells Fargo Bank, N.A. as Trustee, ("Plaintiff"), for Summary Judgment (the "Motion"?, and the responding papers thereto and the arguments of counsel, if any, it is hereby: ORDERED AND DECREED that the Motion is hereby GRAN'T'ED; and it is further ORDERED that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Matthew H. Tilden and Jesica. A. Jumper, in the amount of $84,745.87 together with interest from and after January 18, 2007 at the Per diem rate of $15.64 per diem, and Late Charges of $26.75per month, plus attorneys' fees and costs of suit. BY THE COLMT: J. {OQ149997} MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 07-442 Civil Term Matthew H. Tilden, and Jesica A. Jumper, Chrisovalante P. Fliakos,, Esquire, hereby veaies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: f .. 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Matthew H. Tilden, is over 18 years of age and resides at 401 North Bedford Street, Carlisle, PA 17013, 3. defendant, Jesica A. Jumper, is over 18 years of age and resides at 401 North Bedford Street, Carlisle, PA 17013. •sovalante P. Fli os, Esquire -rl CY , xr M f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA as Trustee, Plaintiff, CIVIL ACTION Vs. Matthew H. Tilden and Jesica A. Jumper, Defendants. NO.: 07-442 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Matthew H. Tilden Jesica A. Jumper Real Property involved: 401 North Bedford Street Carlisle, PA 17013 Amount Due Interest 1/19/07 through 05/16/07 Late Charges Additional Corporate Advance SUB-TOTAL Interest from 5/17/07 to Date of Sale at $14.77 per diem (6%) TOTAL (Costs to be added) DATE: August 24, 2007 $84,745.87 1,845.52 107.00 3,178.75 $89,877.14 Respectively submitted, Milstead & Associates..LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 00 .".'.era -toL d CA ? -n ?o ? }I i Yi r yy I I All that certain tract of land, together with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: On the Northeast by lot formerly of William Miller and now or formerly of Edna M. Miller, known as 403 North Bedford Street; on the Southeast by an alley; on the Southwest on Elm Street; and on the Northwest by North Bedford Street. Containing on North Bedford Street on a line parallel with said street 20 feet 02 inches, extending at an even depth of 18 feet more or less, for a distance along Elm Street of 161 feet to said alley, and 153 feet, more or less, on the dividing line between said lot herein described and the lot adjoining on the Northeast, formerly of William Miller and now or formerly of Edna M. Miller. Being known as 401 North Bedford Street, Carlisle, PA 17013 Tax Parcel Number: 02-20-1800-342 'C i' +. f MILSTEAD & ASSOCIATES, LI,C BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 07442 Civil Term Matthew H. Tilden, NOTICE OF SHER-RIF'S SALE OF and REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Jesica A. Jumper, Defendants. ' TAKE NOTICE: Your house (real estate) at 401 North Bedford Street, Carlisle, PA 17013, is scheduled.to be sold at sheriff's sale on December 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $89,877.14 obtained by Wells Fargo Bank, NA as Trustee. 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 Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page 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. N IA ti 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 717-249-3166 5.05787 k . All that certain tract of land, together with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: On the Northeast by lot formerly of William Miller and now or formerly of Edna M. Miller, known as 403 North Bedford Street; on the Southeast by an alley; on the Southwest on Elm Street; and on the Northwest by North Bedford Street. Containing on North Bedford Street on a line parallel with said street 20 feet 02 inches, extending at an even depth of 18 feet more or less, for a distance along Elm Street of 161 feet to said alley, and 153 feet, more or less, on the dividing line between said lot herein described and the lot adjoining on the Northeast, formerly of William Miller and now or formerly of Edna M. Miller. Being known as 401 North Bedford Street, Carlisle, PA 17013 Tag Parcel Number:. 02-20-1800-342 a MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, Plaintiff, Vs. Matthew H. Tilden and Jesica A. Jumper, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-442 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 401 North Bedford Street, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Matthew H. Tilden 401 North Bedford Street Carlisle, PA 17013 -and- c/o Fred W. Freitag, IV, Esq. 1040 Fifth Avenue Pittsburgh, PA 15219 Jesica A. Jumper 401 North Bedford Street Carlisle, PA 17013 -and- c/o Fred W. Freitag, IV, Esq. 1040 Fifth Avenue Pittsburgh, PA 15219 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: Wells Fargo Bank, NA as Trustee (Plaintiff herein) 701 Corporate Center Drive Raleigh, NC 27607 MERS, Inc., as nominee for WMC Mortgage Corporation P.O. Box 2026 Flint, MI 48501 MERS, Inc., as nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90054 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 401 North Bedford Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 0 - hrisovalante P. FlAos, Esquire Attorney for Plaintiff Date: August 17, 2007 t7 ?v i>S' 3 ,? 1 G7 l • . ,.. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA AS TRUSTEE Plaintiff (s) From MATTHEW H. TILDEN & JESICA A. JUMPER (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 $89,877.14 L.L. $.50 Interest from 5/17/07 to Date of Sale at $14.77 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $144.40 Other Costs Plaintiff Paid Date: 8/20/07 Curtis ng, Prothon (Seal) By: Deputy REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 0,- . % WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07442 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA as Trustee, Plaintiff (s) From MATTHEW H. TILDEN & JESICA A. JUMPER (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 $84,745.87 Interest 1/19/07 through 5/16/07 - $1,845.52 Atty's Comm % Atty Paid $144.40 L.L. $.50 Due Prothy $2.00 Other Costs Late Charges - $107.00 Additional Corporate Advance - $3,178.75 Plaintiff Paid Date: 8/20/07 (Seal) k?LAt? s R. Long, Prothono ay: )??e" e- " , Deputy REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Matthew H. Tilden and Jesica A. Jumper, NO.: 07-442 Civil Term AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Defendants. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Chrisovalante P. Fliakos, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On November 20, 2007, a copy of the Notice of Sheriff's Sale of Real Property was served on the defendants by serving their attorney of record, Fred W. Freitag, IV, Esquire by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "A". 2. On September 19, 2007, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". sova a P. Fliakos, Esquire Attorney ID No. 94620 Milstead and Associates, LLC Dated: December 4, 2007 c N fA -U W cn °o r1 C A r w to z w m 3 v 0 1 -4aV3va@--' a00M a,cu 0. 330C 3 ga as W CL 03 0 (A 0Q3a-33.'; r- 40 23 •3m06 -O' ?o3O?o =r? CV -? ? 50? ? 3 o?i acm io 3 CD a?0wm.3y C w Q W y 0.O..c 7 W °-' r? ID o w su ?N=$ `C Nw?3 7aO' -2 CL ° W N .y+ D 3 `?. g3K ?°W p w mw0va,?3.S3 w?occ W O w d a ar (D (A S, to O, (A W c p1 O- W ??QQ 3 A'0 Qw c W .?? W 0 y 3 y 7 = Vj w G to O ut O ?O? CO? +J' W' tJ1I A N D n W t ? 41 rr 1 y a.y - m 0 y Y ? s ? Qa c 0 c o ? ? w 0N pO?crn? =mag7 °°° CD n SyO 0 . O cc Y m m w m Cl) C) ?0? 205 y „7QC m a a T) n w m W ?? ow 1'`2,x2 o' W ~ O D .c» o N O_ .a m W N c ? W d c 3 0010 0 r- 060 0 Ije ?t ? cs -7® a 7 W W °DO C? 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O . i , tp mU S N N 5 O- -o f T ca n .?N OC, 00 w 0 L" m = m O -n 3 0 Q OO N N y c CD 00• O n OMB Y' tT ' O" a 0 a C a m m ? ?,•o 5. 0 CA O to y C lnp to Sp 02.45 m " A tD A !U - c r_ _ .? c W f 0 cx. 3 m m i MAILED Ff?OMZIPCot)E' ? := m H? n o o N l to 3 = N m m to K 69 O a 0 0 m w ri) 0 w m z v m m z v 0 a m I m 0 T 3 D v m 0 T rn 0 m N 0 ID f.? r r "• X33 .r3' r J ? 4 '7 r N ?? I S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank NA Tr is the grantee the same having been sold to said grantee on the 9th day of Jan A.D., 2008, under and by virtue of a writ Exe ution issued on the 20th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 442, at the suit of Wells Fargo Bank NA Tr against as Instrument Number 200803014. IN TESTIMONY an seal of said office this A.D. is duly recorded [ have hereunto set my hand day of r er of Deeds tRGowftr Dead, Cumberland County. Carlbla, PA My CWnn n Expires the FN* Monday of Jan. 2010 Wells Fargo Bank, NA as Trustee VS Matthew H. Tilden and Jesica A. Jumper In the Court of Corm"on Pleas of Cumberland Coun , Pennsylvania Writ No. 2007-442ivil Term R. Thomas Kline, Sheriff, who being duly sworn according to la w, states that he made a diligent search and inquiry for the within named defendants, to wit: Mat thew H. Tilden and Jesica A. Jumper, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the d efendants, Matthew H. Tilden and Jesica A. Jumper. The house appears vacant, although the p st office advises the defendants' mail is still delivered to the given address. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1447 hours, he posted a true copy of the within Rea Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Matth ew H. Tilden and Jesica A. Jumper located at 401 North Bedford Street, Carlisle, Cumberland Coun ty, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to la w, states that after due and legal notice had been given according to law, he exposed the within desc ribed premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsy lvania on January 10, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chrisovalante Fliakos, on behalf of Wells Fargo Bank, NA as Trustee. It being the highest bid and best price received for the same, Wells Fargo Bank, NA as Trustee, of 51 East Bethpage Road, Plai nview, NY 11803, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of 888.20. Sheriffs Costs: Docketing $30.00 Poundage 17.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 251.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 ? a f v t,I ° `? g.-- $ 8 98.20 fi,? °tv-`t ? $ Q h So Answers: R. Thomas Kline, Sheriff BY t lN? Real Estate rgeant MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, Plaintiff, Vs. Matthew H. Tilden and Jesica A. Jumper, Defendants. COURT OF COM ON PLEAS CUMBERLAND COUNTY No.: 07-442 Civil Term AFFIDAVIT OF SERVICE PURSUANT TOR LE 3129.1 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Bank, NA as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 401 North Bedford Street, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Matthew H. Tilden Jesica A. Jumper 401 North Bedford Street 401 North Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 -and- -and- c/o Fred W. Freitag, IV, Esq. c/o Fred W. Freitag, IV, Esq. 1040 Fifth Avenue 1040 Fifth Avenue Pittsburgh, PA 15219 Pittsburgh, PA 15219 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every Wells Fargo Bank, NA as Trustee (Plaintiff herein) 701 Corporate Center Drive Raleigh, NC 27607 MFRS, Inc., as n WMC Mortgage P.O. Box 2026 Flint, MI 48501 MFRS, Inc., as n, WMC Mortgage P.O. Box 54089 Los Angeles, CA of record: for ition for 5. Name and address of every other person who has any record lion on the property: None Known 6. Name and address of every other person who has any record whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has interest in the property which may be affected by the sale: Tenant/Occupant 401 North Bedford Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domi Cumberland County 13 N. Hanover Stree Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and c personal knowledge or information and belief. I understand that false made subject to the penalties of 18 Pa. C.S. Section 4904 relating to u authorities. Attorney fc in the property and ledge who has any is Relations to the best of my tents herein are i falsification to ate P. Fliakos, Esquire r Plaintiff Date: August 17, 2007 t? MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Wells Fargo Bank, NA as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 07-442 Civil Term Vs. Matthew H. Tilden, NOTICE OF SHE F'S SALE OF and REAL PROPERT PURSUANT TO PA.R.C.P.3129 Jesica A. Jumper, Defendants. TAKE NOTICE: Your house (real estate) at 401 North Bedford Street, Carlisle, A 17013, is scheduled to be sold at sheriff's sale on December 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the C urt Judgment of $89,877.14 obtained by Wells Fargo Bank, NA as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's ees due. To find out how much you must pay, you may call 856-482-1400. 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 p ceedings. You may need an attorney to assert your rights. The sooner you contact one, the more. chance you will have of stopping the Sale. (See notice on following page on how to obtain anttorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. U HAVE OTHER 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 85 -482-1400. 2. You may be able to petition the Court to set aside the Sale i the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff he full amount due on the Sale. To find out if this has happened you may call Milstead and Ass ciates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, of the property as if the Sale never happened. 5. You have a right to remain in the property until the full e Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the proceedings to evict you. 6. You may be entitled to a share of the money which was pai Schedule of distribution of the money bid for your house will be filed specified by the Sheriff not later than thirty days after the sale. This s be receiving that money. The money will be paid out in accordance v exceptions (reasons why the proposed distribution is wrong) are filed (10) days after. 7. You may also have other rights and defenses, or ways of you act immediately after the Sale. will remain the owner due is paid to the may bring legal for your house. A y the Sheriff on a date iedule will state who will h this schedule unless ith the Sheriff within ten your house back, if YOU SHOULD TAKE THIS PAPER TO YOU 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 717-249-3166 5.05787 All that certain tract of land, together with the improvements thereon the First Ward of the Borough of Carlisle, Cumberland County, Com Pennsylvania, bounded and described as follows: On the Northeast b, William Miller and now or formerly of Edna M. Miller, known as 40 Street; on the Southeast by an alley; on the Southwest on Elm Street; Northwest by North Bedford Street. Containing on North Bedford Street on a line parallel with said street extending at an even depth of 18 feet more or less, for a distance alon feet to said alley, and 153 feet, more or less, on the dividing line bets described and the lot adjoining on the Northeast, formerly of William formerly of Edna M. Miller. situate in ionwealth of lot formerly of North Bedford nd on the 20 feet 02 inches, g Elm Street of 161 een said lot herein Miller and now or Being known as 401 North Bedford Street, Carlisle, PA 17013 Tax Parcel Number: 02-20-1800-342 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA as Trustee, Plaintiff (s) From MATTHEW H. TILDEN & JESICA A. JUMPER (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 ga 'shee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering an property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fo and 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 $84,745.87 L.L. $.50 Interest 1/19/07 through 5/16/07 -- $1,845.52 Atty's Comm % Due Prothy $2.00 Atty Paid $144.40 Other Costs Late Charges -- $107.00 Additional Corporate Advance - $3,178.75 Plaintiff Paid Date: 8/20/07 5 C is R. Long, Prothonot (Seal) By: -k. ??! D., REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 94620 Real Estate Sale # 55 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 401 North Bedford Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: 4 Real Estat Sergeant The Patriot-News Co. 4. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} Joseph A. Dennison, being duly sworn according to law, deposes and says: This ad ran That he is the Assistant Controller of The Patriot News Co., a corporation organize Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 81 Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-I newspapers of general circulation, printed and published at 812 to 818 Market Street, in th( The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and Se all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly a daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That n interested in the subject matter of said printed notice or advertising, and that all of the alleg place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and E behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimousl stockholders and board of directors of the said Company and subsequently duly recorded ii in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and e?atriot-dews Now you know Iss and existing under the laws of the Market Street, in the City of ews and The Sunday Patriot-News City, County and State aforesaid; that itember 18th, 1949, respectively, and printed and published in their regular ither he nor said Company is tions of this statement as to the time, npowered to verify this statement on passed and adopted severally by the the office for the Recording of Deeds the date(s) shown below: 10/24/07 10/31/07 11/07/07 aJ. .... r before is 30 day of ovember, 2007 A.D. 4 NotarvLPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jaynes L. Clark, Notary Public City Of Har*Wxn Da43hh Courdy My Cornmiwai Expires June 2,2W8 Member, Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L 1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publicat on attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not nterested in the subject matter of the aforesaid notice or advertisement, and that all allegations i the foregoing statements as to time, place and character of publication are true. A t'.'i Coyne, SWORN TO AND S ---=4--day of No otary before me this TARIAL SEAL - DEB RAH A COLLINS otarY Public CARLISLE BOR , CUMBERLAND COUNTY W COMM133 0 n Expires Apr 28, 2010 RZAL 28TATZ aALZ NO. 88 Writ No. 2007-442 Civil Wells Fargo Bank, NA as Trustee VS. Matthew H. Tilden and Jesica A. Jumper Atty.: Chrisovalante Fliakos DESCRIPTION All that certain tract of land, together with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and de- scribed as follows: On the Northeast by lot formerly of William Miller and now or formerly of Edna M. Miller, known as 403 North Bedford Street; on the Southeast by an alley; on the Southwest on Elm Street; and on the Northwest by North Bedford Street. Containing on North Bedford Street on a line parallel with said street 20 feet 02 inches, extending at an even depth of 18 feet more or less, for a distance along Elm Street of 161 feet to said alley, and 153 feet, more or less, on the dividing line between said lot herein described and the lot adjoining on the Northeast, formerly of William Miller and now or formerly of Edna M. Miller. Being known as 401 North Bed- ford Street, Carlisle, PA 17013. Tax Parcel Number: 02-20-1800- ._w.._.._ ..-___.. ,... 342.___'.__'___