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HomeMy WebLinkAbout02-6160Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Rob Saltzman, Esquire Attorney Identification No.: 53957 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorneys for Plaintiff WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER 44 E. Penn Street Carlisle, PA 17013 Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH N 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 THE 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. a-Y1S4t1 LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS VAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 FOR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUB OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO OUR SI USTED NO BE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 FOR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 LLEVE ESTA DEMANDA A UN AROGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ASAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: Wells Fargo Bank Minnesota, National Association as Trustee Under the Pooling And Servicing Agreement Dated as of February 28, 2001, Series 2001-A 1100 Corporate Center Drive, Raleigh, NC 27607 2. Plaintiff is, or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: TMS Mortgage Inc. 1625 North Market Blvd. Suite 210 Sacramento, CA 95834 3. (a) Defendant, Allan K. Miller and Sherry J. Miller, are individuals whose last known address is 1367 Zimmerman Road, Carlisle, PA 17013 (b) Defendant, Allan K. Miller and Sherry J. Miller, hold an interest in the subject property as mortgagor and record owner. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 4. (a) The residential mortgage being foreclosed encumbers property located at 1367 Zimmerman Road, Carlisle, Monroe Township, County of Cumberland. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) On October 2, 1998, the defendant (s) / mortgagor(s) made, executed and delivered a mortgage (the "Mortgage") upon the premises hereinafter described to Equifirst Corporation which mortgage is recorded in the Office of the Recorder of Cumberladn County, on October 16, 1998, in Mortgage Book 1489, Page 946. Mortgage was then assigned to TMS Mortgage Inc recorded on March 16, 1999 in Mortgage Book 606, page 1011 . Plaintiff is now the legal holder of the mortgage and is in the process of formalizing an assignment of same. (d) The legal description for the property is attached hereto and incorporated herein as Exhibit "A" (Legal Description) . (e) Pursuant to Pa. R.C.P. 1147 (1) and 1019(g) Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B", Mortgage. (f) The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "C". 5. The mortgage is in default because the Defendant, Allan K. Miller and Sherry J. Miller, failed to timely tender the monthly payment of $909.77 due August 7, 2002, and thereafter failed to make the monthly payments. 6. As authorized under the mortgage instrument, the loan obligation has been accelerated. 7. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage $88,653.02 due and owing (b) Interest due and owing at the $4,699.91 rate of 11.650% calculated from the default date above stated through December 20, 2002 Interest will continue to accrue at the per diem rate of $28.63 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Attorneys' fees $1,250.00 (d) Title Search $300.00 (e) Total Late Charges $368.02 (f) Corporate Advances $282.54 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $959553.49 8. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff demands: -- Entry of Judgment in rem against the Defendants above named in the total amount of $95,553.49 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure of the mortgagor's (s') equity of redemption and that of any persons or entities holding or claiming under them and Sheriffs Sale of the subject mortgaged property. Pluese, Ettin, Becker & Saltzman BY- ?ev n , Esquire At or Pla intiff Atto D. No. 53957 VERIFICATION The undersigned, a foreclosure processor of Wells Fargo Bank of Minnesota, National Association, As Trustee Under the Pooling and Servicing Agreement dated as of February 28, 2001, Series 2001-A, the instant Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by said persons supervised by the undersigned who maintain the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa, C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Title: /i /?( 6:V c- REF.NO.: 78002 FILE NO: 2002-1990410 PROPERTY ADDRESS: PARCEL: CITY: COUNTY: LEGAL DESCRIPTION (PAGE 1 OF 1) 1367 Zimmerman Road 20-10-640-71 Carisle Cumberland ALL THAT CERTAIN tract of land situate in the Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot No. 3 and lands N/F of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux; thence along the last mentioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty- seven (37) feet to an iron pin; thence South thirty (30) degrees thirty minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands N/F of Dr. William Brod; thence along the last mentioned lands South seventy- seven (77) degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands now or formerly of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) minutes forty (40) seconds West three hundred sixty and twenty-one hundredths (360.21) feet to a P.K. Nail in the centerline of Zimmerman Road and place of beginning. ADDRESS: 1367 Zimmerman Road, Carisle PA, Cumberland County PARCEL: 20-10-640-71 NOTE: OUR LIABILITY HEREUNDER IS LIMITED TO THE CONSIDERATION PAID FOR THIS SEARCH. 4 E?(,A , r t ryXk(I G o (o fa `!o c 9 C3 /fa -Y yJ ( ,( • `f,et tr ftT) -oust OCT 16 Pill 2 14 . Preaared 84: A. .r me. 41yxe At-•e vnof u•e for ll•c D•b( MORTGAGE THIS MORTGAGE ('Setbrity Instrument'). is given on October 3, 1938 1lw tmngngarih Allen. K,Miller. and Sherry. J: Millar - , . pp r p ("Ooimwer'). This Security Inrtnnnem ix givCn to which is organized U, a 4tng Ulm cr 41 x: WA ofaLion - North Carolina .:md whase uwmss it 820 Forest Point Cir. - - Charlotte, NC 28273. - - ("Lender'), 0wnwnnrwed Wills,' WC rnincioW nun of - IhdtanN?'p ty- Thousand end. na /.?00 - ll?'•l?3 90, ?00 00 / a debt is evlrklwCfley 0orrowers- iguc tinted the xanie date tz ilrix Security . Intrument, <"Npre'),p ich aw(det. For . M- monhly pnynsents with IIW full ikbt: if mot Arid e.9dier, duo .and payahte m Octg6er 7,. 2028 - This Security lnforuawnt .eeure-14. Lemkr: (U) 111c,euynoenl nftba d9bl uvidc KW by pro W, -till imeresy and utl mncwln, estr,mlaw mind ImulrOe:aiaa of live Nude (b) 111c Mynah of all other wmA, with ialetx.4, oMvanccd under pnugmph I to protect the security o* this Securhy IrWnrmeng mull (y the j,aformenee of. ' Borrower's Covenants ant epreententx under tluA Security fnfuument told the Note. Fm Ibis pngmxe. 0an,wer tines hcrchy mmfliguge grml uml convey to Lciakr A,e following dcfc,ibed pmrcny Irculed in Cumberland Ctamly, Penntylvcnia:, •? "See Attached Addendum' whirA ha d,e uddrets ul' 1367 Zimmerm9(; Road Carlisle - - Ifsy, Pcnnnytvnniu 17013 (-Property Arkrcxd); lzipc'nkl ?F1vtvSY1.1'AAL1 -+Slneb FfodY ^ fennlr Alwrernldlt Abe ONnooht Ift" RLIMWY - - P•r.. 71AM 1Ae itlu,Mn•rn fFrerla)nlrie,'rl: r•br•.4A rMeftll»rOla?frFnp/?>I? eoudc3489pka 346 Syy q it TOGETIiER WITH ill the ip+Prwenums now car hercudcf erocuJ eln the !,"olKrtr. and all ca owwts, apPwh;,lmtees. . moll fisl+mvi now v Imrnaher npad of the 1m'aPeatY All replacemens and addiuonx shall also M coveed by this Security Ina'vmem. A110(theYorcpain``• a referred to ul thus Security Inarumanl as [he "Progeny." BORROWER COVL•NANTS that Borrower is lawrally sailed of the esUte luaeby conveyed and has Ihk right to mdtlSoon, grvon and ceovey tlrc priq+erty and lion the property is u+eneund,ored, axcdq ftx encumMutuek of «cnN, Bortnwer, wamwla old will, defect ganpvllY Jim tide In the property, .6wiml all chnnw and dentw.ds, whim to :my mau uiva.mx of record. TInY incmi'Y INg17tUM1:91' nothings untfam oovcganW for Iwiwlal teat ant) wehwrifmn covenalms wills - Ihlnntill vad;ntma by isisitietidw a c.xwliluW a ullifornl gxatlly i,whunaa camolltlg real pmPdy. - UNIFORM COV BHANTS. Borrower and lender covenant wall agree as follows: 1. PdyetYrll of PrIPAInd mild Interest; Prepollucnl and Lot. 01argas. Ilarn+war sold 1alaiIn1Y tiny when dw dw , pio:ipal of sold interest an thus dells eviJmncJ by we Note soul soy parpay,trow and two charges due under Il+a Now. 2. Fulda for.Tkxes and Inaunistw. Subject to applicable low of to A written waiver by Lender. Burrower slsif pity to 1<rder, stn Ilia day rnonlhly)hayllxnns ore clue under the Neu, until the Nan is paid in ILII, a win ("pumla"y for: Cal yuAy taxes and usscaanens wbieh Play o "is Pmrilr liver this Socialit99 )nsamudlnl as A hen on lIW 14trylcny; (b) 7curly Ica:kohl (tay.= or ground rents an Ac Ptepcny. if any; (el yearly Insord or popeny insurance pwuiw+W; (d) Ycarly flood flult ace Paniuma, if any; le) yearly im ngage osuranec premium, it o+y; and in uny suns payubla by Benrwer it, Lander, in uLCONmttro wmh tag provisions o paingrapk S. in lieu of the paymea of m dgagc inwrnnce prunuumx.'hire items are called eEscrow (room' Lender nay, at uny it=. collul and hold Funds to no amount tot to oxersd JIM muatinupi `amoonl a tender fat u federally rclutud nuwlgagc lour ray require (or Bamwwrs esrruw xeuml haler the (deal. Real Instant Scnle,neal Prueedwux Act of 1973 as wnsUKW frill Ibne to time, 12 U.S.C. S 2681 a .req. ("RFSPA"). ulilass insular. - law Mot apt+iil:s to the Funds sea. a hosesm amount. If An. Larded may. a any lime, collect and told Inurtds in an wmww Out In exceed the Icier Antonio. Wider navy plimule the amount or Funds due not the basis of tutnm data and reasonable "Inwtax of cxpewliturcs of. future Ewtovo lans or ahorw isa in uuautJuue with applicable Inw, Tim Funds slwrl be livid In an inwiuliwt whose doponits us' insured by a federal agency. insi aoienlallly. or cattily _ (including Lender. If Lender s such no inxltiution) w in any Federal Home Luau Bank. Lender Oull apply the Funds to poly this Escrow Raman' Lender'nit ,Iii. chwge Borrower for I;dding snit applying line Funds, annually anatyzing?lhe ascmw uccuan(. In unifying the r*crow Items. will as Lenderfays narrower innal sot on the Fudx and Jphlicublc law psrmlla. l Alder: td nuke such a Norge. Howeveq tamdcr way,mgo4t, Bwlnwar la lwy u tou lime charge fill an Indepcrded real estate tax relimiol; sarvicc used by )Alder its eglnwcnitn, Will, wis inml, i...Ia.. upplic.W. law {xuv+aetr allerwi:, unlosc sal agravww - is mudo oY applicable law require, interest to be paid. Lcruk:r shall na Ito Rquncid w pay Bwoww any inlwww ur earnro16 on Ile Funds. Bunoolet and tAndwr may agree in writing, hnwaver, that hucre» shalt b: paid on the Fu na. Lando skull giw w Borrower, wihwt charge. on amN,ul ocex..Anil of the Folds. xlwwing credits and delkta its du; Ponds urd the lit nso,o Ida' which each debit to d+e.Funds ants made. This Futdx as pledged w additional ",urity for ill sums sucmd by 11,19 5Leunly hulru,nem. '- 11 Jim Funk held by Lvlkir cxexed JIM urdunls permitted to be held by applicable low, Lender shaft account us. Borrower for the eu¢sx Fionk in saCwdanm with the ruluuantcms or applicable law. If its: umrarn of.lbc Wads bold by - - - Luuler an oily difa: is lull sufliceni to Ply the Exciow them when Joe, Ladcrsmhy sec nulify Bonuwer in wriiinp, wit, in. such cue Bomtwn:r shall pay to Lender the ainaim rlecuss:try w make up Inw dericieay. Bot'rowv Aldl, nu'tw till do deliviency in no nidua dust, IWa`laa naanhly pay[naua, m Undoes will dixcluiwl. . urant payment ill full of in :wow .6salmd by it,;. Security Instrument, IArder limit pomplly refuel to Butmwer any Fualx IselQhy Lender. If. under potugri ph 21, Unite) abill -actiulm at sell the Pnntany, Under, pndnr a din acdluu:i'hm tv ' Ode of (he Property, chill utility any Fniidx held by Widcr at the times or dsyuisi6on. car wi, K . credit agan+l Ilse wkn& :cared by this Sdiuultity Inainlhwnl: 3. Applications of Ni"'C ts. Unleas ulryNianblo haw povides wlic'.6c. III paymcons nxoivr4 by Lamer wake paragraphs 1 and 2 limit bus apldedt fast, to any prapay,neln clusges due wrier the Nac: axond. to amounts ryryMlic undur Iwrlgmph 2; third, In imcaat Jae feunh, to ptiueipul due; said Jost. a any kite charges due under the Note. 3. ebncgest'Lieu, nwrowas, shall uy b8 taxes, ossexa90na, d+wgcx, fine and impwiitala atbatnahle-to rise PnIM 1y which Only ahlip laitany over this Secuky Inehdnneni. and leaseM+ld (nty'nclns car grand airs, n' any; Ihwroisyr shell pay dwse ubligwians In raw mapwt' provllind in ludagnoA 2. ur ;[..,I paid in dun orawnr. Bw'loivcr xhall m1y dam On {tae direelly to (be persat owed Pyaant. Burrower shrill Prongmly rurllixll to Lawler all nand of arnnwna to be puidunle! -dlis paragraph. If Borrower nukes duce' paymews directly. Bunowey shall hronnlmly fun,41. to Lender reeelplu Cvldelehlg don Payniena;. Bvrower skill PoutIKly diseh{upe any lien wldan hus Privily uyer list% Security InMrmncul nnezs Bdusuarcr (a) agowl, ' to wdtiiig In the Psy,nmm"I nbv ihligalinh secumd by use lien in a mao,+ar acceriaht, to under, (b) corncaa in good film the lieu hy, Ion defends againw enfdlary5yenitenl of Jim lien in, legit InimIxrlinge which in Ibis I.Aders urnotun orsa ae its lxcvenl [list inforecltrau of the Lien; or ml .J Mlaf titan the hullo rid des lien eI igr iensent xwistnlctefy to Lendor sulmnhnaling tine lies as Ihix Scisainy Commission, It Le der JelcrmlnCa that ally.pan df dW Pralally tx w(IiCL1 IOU IIUSI Which Jowly Un it$) ll,nfliy mac his Secwily Ilwotulwtli. Lender ouy give harrower a nlnica t lmifying its lieu. lho, wve slunll .aliot y lh< lieu ur Inkc inw of nwsaa d dui aedww Oct I:9IOI ahare within H) Ilayo urllw giving car notice. S. Ilnaord or proiwYty h[wtonce. 89nUwer ,halt keep the itiltnumnanx now existing or hefea(Idr caCWd kill the P.-Nny iM1*wd again,' hiss by No, Ia w.'I' included Withht Ina Insist "ealerded Lowaragd and any w1Wr hal ulls, incldma . Iluds U(. flooding, fax w6irk LaiJcr squires asw:awe. This inswanwo shall he aumawd to the amaunm ad' A feet the peric4s that Loader requires. The insurance carrier providing the insurance shall he choaef by Sorrower suhjeCt to If Dom+wer (oils M muialain euvemye tkurihed RIX ve, Lcneler id,held . • . Landes approval which shall nest he w,reuonably.w h 1 i h I l ' . paragrap n accoo unce w t s rights in the Properly Y. at Leader',. option, obtain coverage to profits Leader - All inltlfrUKe policies and renewals ,:hull he occcenalele to Louder and shall inclodc i :nandafd InMtgage Wiese. Under i ptx Ann have the right to haul the pollcm, and renewals. If Lender require,. Dorrowee shall prrnpdy give to Larvae, all lue Borrower shall give prmnpt hake In Ilx im sacs carrier and In the reveal of loss w l n tices i : d s d . o . rene prem um an a of pai . leader. Lender may make prcofeaf haes:if rat mach promptly by 1111mrow0r. T nder will DORower otherwise Aare in writing. Inovance prowedx %half he applied IO.rerlardlion M repair or x L t e . Un K the Propcny. deranged.' Villa maturation or repetr i5 scoamieully Feasible and Ltbdcrs security is not ko cwJ. I( the . m,,itnmion ter repair is link cconomicully raosible or Lenders security would he Iexw nor, the i"urance PreaciWs dwll he ;,pplitJ to the Antes securad by this Sciarriey fnAbutrlen, whelbor" not then due. Willi Any Cass,. paid to Bmn,wer.. If • Ifonowef ah ndepalr due Ptope ty, or does not answer' within w days a notice IMan leader that the ilerwnnce carrier here terfelndto wenlea claim, then Lender m.y collect the theatmncer proceeds. Lelalor may ties the procecdx to repair or ratters the Tau 7f Way period will begin whole tltn whetter or me dun dot t i - . . ty lnxlmmen Properly or to pay soma aecurad by this Secur taoice is given. Unless Lender and'Dnrrower mhcrwise name in wrilldg, any mpplicalkin of pf"eeh to principal shall out ostcnd to ptaupona the due lists of the numldy paylrbemA lefured to in pomgmplu 1 and 2 or draw the amount ar The paytmanit. If fader lareagrxph 41 the Property iA ",tied by Le mats. Dorowers right to any insurnce priliciea and proceeds tonglling Ilw eclcm ul' Ihcsnnw enivMi by Ihiz Satudly I L k re cla r (ruin damage to the Pmlcdy {rior to Ilre acquisition shall pass M In earanKM immediately prior to the arquiaYiiam Maintenance RW Pfoteeilnn or lbe Properly; Ilnrmtyer's Leon Applicollnn; Preservation Uccu soxy . 6 - . p , . t.eaxhofth. 3orrower rhea occupy. Cafabliish. and use The Propctly as Domawet r principal reaWerCe within sisly days after the raecvfion of this Securil Insinuative avid shill continue to occupy the Property W Donowces principal residelxa r" at lend one year Afterthc date of oceupabcy, unless Lemter otherwise alines in writing, which Comemt shall not be unrtn en thly . - withheld, " unle, c.tenwlina cire atlnMnces eairt which are beyond Dorewera careful. flrrntwer shall nM elalydy. . damage or i-equo r the Property, allow rise Property to deteriorate, of commit white an else Property. Borrower shall ate in ' s grad' faith judgmaim mid tkfmtl if way fnr(cltum action or pnxeeding• whedKr civil or criminal, is begun that in Lmstlcr Msull III rmfcitaee of the Properly-" olllemwlso materially impair the Den emiewd by tb)A Sxurity InslmmWm in patuki s as provided in (Ilttagmplu IA. by causing the action nr nrxvrity Interest. Dorrowtr may cure such u default orbit itinerate Precludes Forfeiture of the Borrowers ood faith determtnMion in Lend rs rati ri al h d i s . g ng v ; e e w t a - , proctoring to be dismis , inera9 in the Property M Mpcr maecrial )mpainin nt of lie lien created by this Securttyy IMM Meal hr lendcrn xccotily tmarse.'hdnuu•Cr ahelfalsn IR in de,wll if Ih+rt++vter. during the ham applkath.u pn+Cexs. gA,Sr nubaiuily falw or inaccurate aw ;III lire Ima n i ' i n n Clsonw s ' m .nn:n .N al in i.k.,natam or Atme„enls it, 1a4ukr ow l;,iled In la..vishl Lender +villi any maltr evidenced by the Note, ineluding, but AM limited lo, representations ciamming Uotmwers rccufz txy of the I'ngxny as a preelpal resiekaxe. l(Ihie Setunty InnrnhnMt is on a lemmhohl. tlarrawtr d,olleolnply wrbh all the p ovi.iN,a. or the feast. If Borrowe{xquttes fee tide to the Properly. the leasehold u,W he (cc title Avell aN merge, ..,lesv Lc"d.r Arpves to else me.gcr • m writing; • 1..' Prnlrcljan of'Lertltr's Rights in the Property. If Donnas, fails in petfaras tlc coveaaul, next Agmenxrur contained. In this Security Instrument, or, that Is a lean) proceeding that may significantly offset Landers ri his lu the t Prtglerly (su[h as a pe«eeding in bankruptcy, prnr. e, for cardtmnalimn" Forfeiture Or to enrmtc lass M x#n,L, ,UW). then IarrhN may do and pay rest wlixesar is Aumcs try to prmIXl the value of the Pn4wriy and Lemkl 5 rights lee tiro Irropcmy. Iecrakes action., may include paying any aurae Accused by a lion which het priority over this Secuityy Inslmmmd, appearing in court; Paying row to habit aooracy: ices and entering au dK Properly In natkc fepaits. Ahhottgh: kilos, may rake tcti.m under this paragraph 7, Lender d=5 not have to delso. Any unial 1iabused by Lonelier under this paragraph 7 shall hecmrrK mill JCM of Bnrcu+ver rteumAl by this _ SecuriCY Instornnein. Urban Borrower and Under agree w edxr :erns4 of payment, thca atu ums shut) fear :maw from the Joe of disbursement at the Not rule and .till to inyuYle, +vilh interest. upon inume !mile Lciukr to Borrower mquexeing P,ymant. Insurance. If Leader required mortgage insurance as a condition of nuking rile limns cured by title C Mortgage , Steurily Instrument. bram%er sholi pay IM premiums required to mreintuin else mortgage insurnce in iffecl. if, for. any weird.. the "Air tpgt ianmmxe eoverngt required by Looder LapMm co coatGe in be; in er(ecl. Doamwef MALI (my else p Vwiultu, required to obluis coverage 1allAwilieDy equivalent As the ms,ngage intone"d-I mvilelely in lfr"j it a S,AI a01""ol sly.. , equivalent to lire case to Borrower of the mortgage insurance previously In elfec(, Auto An alltfnale,nnrtgapc bmwer - approved by lender. If substantially equivalent mortgage imuranoe coverage is not available, Dorrowcr Rhall Pay to Lender - each month a slim equal to bnotwelAh OF ilia yearly mortgage insuract premium being paid by burrower when doe insuraaca covcmge Ispsed ter ccused to be in affect. Lender will m:ctpf, use and retain these payments, aA a 1o5s reserve in lieu ' Of. mongago insurance. Lac reserve payments may no longer he required. M the oMion of lsmkr, if martgape insum,ce enweage, fin the amount and for the period Ihrt Loader taiwraa) Provided by an insurer approved by Under again beetnmts t a ?- awailuhk and Ix obtained. Borrower Ahali pay the preonWina icquired in maintain mmigago Inst rant in crfert; or to prnviti fits. reserve. until tire maraimsntal for mortgage ire.WraMe enck in accordance %vall any written arwei csu between Means er amltaudsr"apreliCable law. . - 9. Inspection. Lawler or its agent may remake rsnamuable entries upon Ia) imrp loin td the PWpcriy. Leader fiall • give Borrower nolim N File limp of or prior to on inAptcttmn apscifying resxonable cause fm IM iaxpoeteal. .. carat M,B v/lo arw rvssrrm 1/,Rr.i qrd pq,al 1KK2 f, anx1469ma 546 SJM LJ Ill. CmWanorsdon. The pnrcceaN of ally awunl or quint for damages, Direct nr wns.:quenliah In comeelinrt with o0ademnaliOn or other taking of any pull of the Property or to conveyance in lieu at ca Wamwtiw4 ate hemhy' asAgraed ally and shalt be paid to Lender. In the event of a 10121 taking of Ike Property; Abu proceeds shall be applied to the sum; secured by ibis Security - Imsmnwtie, wketheir ar not than Ow, with any ca"as paid to Borrower. ht the evma or a panso taunS of the Property. in Which III, fair tinted value of Jw isropeny immediately bwote the taking is eyuul to or greawt lhwi the amount nt'ihe sunw _ aecacd by 1116 Security hwttumcul immediately trefac live lamug, unlcss.Dunower trod Lauder orhenvixe ague in writing, the :tam. aaconed by this Seaway Inairum nt shall be reducad by Ike Anraank of the proceeds multiplied ph'yy( Ike Following fhwti n: (a) de total eneum pf de Kunuawned imowdiMaly balm the taking, divided by (ill Ilia fair nuill.vabs: of dw Prrgwny imrnediaaly before the Ming. Any b0alwa.shatl be paid to Doirower. In the event of s:pmli it taking of the Nop;rty in which Ilya faii mat. value 141 tile Ih wily irn(O Wiutely befur; tic taking AN less th:m ue anioanl of due ram - sl,red immelinecly batons Alin taking, onku Durrwv v and Lmukf otherwise ugma in writing or maelx aPpliclt 1C law: rntrerwiso pravitks. IIIe taawceds Awil ha airlifted to the sums secured bythia S"iwity Iwtnintept whaling' ur not 11w suns are... - Brun Jae. ... ' If rile lompeny i. olwtrJ)aKJ by llonower, w if. Mier more by Lendet tar. Bo in%wo that the_ClaNkmnw. lters atnmke au awaN w xettk a claim for rlamugea. rD.ortuvrar faits to rsslignd Io LolWer within 70 days ?Iler llx dna tau notice is given, L*Y.dcr 1. authorized to Collat and apply the proceeds, at its ap tieY, "thcr to r"lw'ka n w repair of the Prupctly. or nr Ilia sums secured by this Security ItWrunrant. Whether or nut then due. uafcw Leialer and Darrovver otherwise. agree in writing, any applicaimr of proceeds to ptinc ft:d shall sari. "least or pioapax: due Jac Jar of lie momMy payments starred to 61 paragraphs 1 and 2 of clurngo: de.anlounl of such poyntcns.. It. Itureurer Nut ltclenattd; Purhennhwe Ity Lender Net a Waiver. EAtionsion or thetime fir payment or mmlilicwiat or amomizatim of tilt sums acnued by this Securilr Inalnullem granted by Under to any successoria ioaram - of Burrower shall mw -operate to rekuae tile liubihly of kilo Orijwal Borrower Or BonOwei % seccessom inamerest. Landes- - stnill n" ti; requucd Io Continence pnwl:Jings against any successor in internal or rctdxa Io ezimal lima for. layawms or' - othenvise ntsWify amortization of the Mors aseced by ibis S"vrily Jruwntent try mason of any demand node by the - orignial Durrowar or Dorrowar'x'succwon in imertu. AnyTabearabce by Linder in excitkiag any right a moiedy Klwll. n" bee a waiver of w pccludc.llwp cke11W or any riCIA"Milled yy. - ' IL Swttssars and Assign flu"W: joint and Several Lfablutyl Coalmen. The covenants mid agrcenw fix of this Security Itwtumenl shall bind and bend the wceesaors and usslpbs of (sniper and Bmrowm, xub*1 to the peavhiuns of paagmph 17. Dwrrowers covenants mal ugreemens shall be joint and mveml. Any Bomiwer who w-signs this Security inammno bud does not execute tin: Mian: (a) is co-signing{ this Sacwity instrument only to mortgage, gram pad cas-ey that Dmrovrcrx interest in ilia Propery under AM setms ofthis 'Security Instrument; (b) is not p:nunally obligated to pay Aim sumr' smaed by this Saodly lokkrn111011 i 2nd (e) agrees that leader AnW rmytuher. Harrower may agree to "lend. tliplify, fni'ie:rr or snake any acemrnaralatiow wldl mguN tot [lie hams of this Sacurtly Insllutlwm the lie: Note•will%%" that lhrnrswfs cUdActit. 13. La so Churgm. If the loan Weurcd by this Sccarily ]ntrument is subject to a law. whkU Kea rrl.ximuril Ian' dwrgtso, tool that law Is finally, interpretetsa that the imerasl Or oIXliat Ian dusrgn colloned w io be culleeaed in cowrectimt withthe loan exceed the parnnuuti. imits, than; (u) any,latch loin thaga shall b: nol"Aal by ilia amunN neewaq o reduce dia churza to the pertahled limits and W) may sums already colleclw Dom Borrower which execaded pcrnskled limits will bo mfunuled to Darowcr. Lander mayduase rot Wska Ibis refund by reducing die principal owed order due Noun or by making u distil payrrtcm to Dorruwcr. If a refund reducer principal, the adalion willbc treated uk a panful pecpeymem. withal any . pelayn"int charge uaakr the Note. . . tJ. Nnlicut. Any mmke to Downwacr provided for in this.Sw%hhy htsimaent xhWl ho given by Ileivming it or by Wallin, It by Allots ehaK trail wriest uplifiabi : law requires' use at anuder rMllaal. )le notice Alall tw dh ociw lu ilw Pnwny Address or ally 0(Iwr;WJmsx Douuwer dupgnutcs by notice to lanrkr. Any notice to lenJai shall he given by IirA class nail . to Lsnakys uddreKa Aated here), or ally other adilms Li:,uh r designates by notice to Butlower. Any notice provided tar ill 016 Sccuriryy Ifaltdmum iilatfheUcanned to have been given to Borrower or Under when givers an provided in this ruwallmph: 15. Cuvernmg Lawi Suverubhti(y..This Security Iaalmnenl.shall be governed by Wend law Anal the law of the - jurisdictiml in which the Prop:ny is fixated. In Alr-eyant [hut any proviaimr ni ouusc of thlm Security I srumtnt or Ilia Nnle wnn(cta with :pplicablc law, Anwdt cwtniCl ails" gel affect "bill p'uv)lions of Ibis Security Inxwment w: be Note.whkb can . be given aReel without the conflicting provixinr. To Will end the pmvisdonu of this Sewrily'inxuumenl unit Ill ,Note sue '. declared to ba navemb(e. - 1g, Ilorwwcr's Cop)r: lhrrntwer shall hu Divan we resJw'trad copy of ilia Now and of thiu&wuruy lninonoul. - 17. "1'rnrsfar ut 1he I'nryorty ur. a Bcuofidal tnrlcfest in Borrower, it wi or'. any pan or the property Or any interest in it is dual or trASfemed (or it a Iwcefietal Antenna in Borrower is NOW or iruotfenW gal Oartowor b not a amoral perxrm) sailbowlamkrs p'im written cpnsam, IrnJet stay, 9 its opimr, rwuire imnedwlc puyawm in full of ad sums socumd by- -this Security Instrmram: Ilawerer stria op(m shall nos be exercised by 4midcr if exercise Is prohibited Fy federal law an of, the Baia or this Security lnxhuurcnl. 11 Lender esereixeK this oVdio, Lendar dull (live 1)"rbsvot notice of u,c-cicmlimr• The nulice. shall provide u period or not feu than JD days town tine Jks the entice is delivtted or, moiled within which Dorrotlmr thus ply all sans 161,111 by Ibis Security InstvuounL If Bormwar .(ally to lay these Mnrn prior to the expiration of this period. Leakr ally itvnkc' any ' xcmwdks penrrrned by tkix Secmiiy In'rument withOn furihee notice or Jcmuni utt Burrower." r 18, uan'awL•f'e light to Bchu nio. If Burrower nkeu canaio' cardasoas,.DOnawcr droll balm tie mgla to have enforcement All' this Security tWShwrum ddwominawd a. any little, prior to dye surlier of .N) 5 d rya (or Mel, otlm)r period as . goddld?9P ?"i949 yM - - applitrpMc law mny apn:.ify for teimullemrnp Wore ale of the Peryledy pursuant to a^Y power or sale M Illwluled lin lanr, s ions .lhi: entry of a judgment enfmdwg this SKadtY Insuvoic tl., T,om tuWJ, it on ee hAd N al> '6e arnent. or (b) ine la I i P x S ..; ? c u , a t a n ly rce,uty acamv rllod in enfnecl s Ihi I") pays Lender all sums. wlllch ties. webl:lto k, umkr this $KUr e rot,r ts. and (J) tolese alch.aeriun :Ix Cooler rimy rcu+tmuMly rrta rind: tell came Any default of BOY other - - tax u hle attor the In41Nln<to hlclud)ng, but due Illlaled 111, waW My ' inquire m axrwe thin the lion or Ihix Social {aatrvmem, l,enikrll riglds in the property unit Dnrt by nvR( Iinn"WnObligation dis m pity Security nc11angW, Upon rcmxluu^t?"j i nue n na Ir nn accekratlmr i1JJ-at<NrrinL HCWCVCt, Ibfs ' ;alms Mecufrt by Ihls SKUriIy Inwunwra shall cont e hemby shall main rally effecttiv n xeNRd in. . lia he% . , n e .1 . Mein and Itto sght inert old J shall nta apply in the Cara of accelcultle under Imrsgrafe' I? rcr with this Security . x a paliti inu rcm in die Nine I N ply n N FIC , It in A ma.t of Loan SaWna Tile Sale of Nmle; C .takes to Bmebwer. A sale may rosu in donna IN tins 19. ' i also or InslruaecnI) may be sold me nr more theas without pr n, the 'lain Servicer) that collects maahly WymeaA due under lilt Note And this Seehung i n:lrvma? There also 'Ir Mere is u thongs of the L Loan i . ?wu au pol l l e l may he we or rMrc tiumpea or. the Loan Serviecr umclYled to a :elc of tiro Note. nceodance will, paragraph 14 aMve unit applknbk law '[I,e reptile i may he n ef will be ghv:n wd<Ira ndica or the 11mnge n Same" and the sddR.ta to which paylnenla xhWIJ be maAC:The motet well L t e he new will .tam the name sAd v ldress.of . te Th i l ray Other inromnimn r W(,dby applicable low.. ., age. Or MI close of any cw l w e disposal. of M shalt h n t " . e. ces. Darn „er Anyth g affecting t 2a,. wi unle^s Substa ?t?r shelf er Allow any rte elr rot . , m dlNl non apply to the pmtcocc; use, a - azindate Subsla -m in as. In the Preps y.: Ing Iwo senltn prry+crty that Is in Weadioa ar nay Enwrv of Haz law, Tie prances that tR generally reennai7ed to be ahprnpn xte to mined Of 'mill WAMIIIG o Haemrb al Substances sr4 Pm h ' _ Y e p . stmage INS, t Inwatto or oche, action by sty ieildeulkd'ux61 omFto malntra+we of the Property- Jean+d, promply give Lender written notice of any investigation- claim, +r GnvlrmuneturtV - 0onowci.dnlt lla2anhtns SulMnncc n d , F a y - - gover"Boun l or rcetrlue agency or prevwd'party involving Ile PropcAy an m mthority. Law of which Dourcue t hall actual knowledge. If Borrower lams, w is notified by any 6uvemaleMnl a re ut: try erly is neccrsury, Dolrown• Sltoll the Pro i ff _ p . ect ng that oily removal or Nher'renlediafion.of any Hazardous Substance a Pmnprly lake all:necereary medial adores In accaNance with &Ivironme ual taw. - ncd at Foxie or haeadWs sullstM<ea by d f ' t t am aide substances :As'used in this paragraph 20,, vliutunlous Substances silttoancen: amolirr, kertweae, onset flans llk or toxic' fletrokam prtidu<u: toxic llOwin r l th d g e o EnvimmttonlAl taw sou picdeWC, and herbicide.., volatile solvents, materials conWiniap Asbestos or forrnsidehyde, and rwlirat5tive mucnuls. As use ix h+cmct111cn , federal fiewe imd Iowa of the fwnxdicllnn whi: the prr,pC,1y " ? mean I'JIYIrrllmMr+lal Law In IkIN leenngrnpll 20. r - retold NJ heakh, vakly to a,vinnu TT prlacelbm. ; an r and ender further Wveve uuri xgme ua Rdb,Yn IPORM COV H N mlk9 to Ibrroowsr prior m acctlenllon (nllawiwg Darrantr's i idles ve it. Acceleration; AmlarnUmri RdneJlis.Iwnder der Share g ' breach of any cabin ent or agreamenl lie tills Security tWrv+nent (treat real prior fit acre. eration under parogreeph 17 other things! (a) the default; (ell the t f • , trmm g unless spplicghte low provides wtkatwls11.Lender 11,211 notify harrower o action required to core tilt default, te)-when tiro dervult must be cured-, slid (A) that railurb to care she defoult.lU 'S frtrcdlsrlln by Judicial proceeding. 'r tmal l i I . . rto , nx l7 - spedGed may result III aecelurslMn nr the sums lecored by Ihls Secur ht to relnslNe dleratelernlbnnnJ 1119 rtght r Ike ri R g evrrntrero And sole of lha PrMierly, Lender ah11l hlrlher Inform ' Ia Aslsort In the rurvefrolum p"imo i ng the "un-9xbleaco or a dcraull or nny n111er dervnie or Burrower 16 ou Aeration rirc immctilata poynltnl in hell of r r ti I p on nrny e ts op need'furecretrre. Ir tilt Mfaurt is. nor eilred as specified. Lender at tills Security Instrument wllll9uf further demand and mny krrecknes lilts Security lustrumtent by d b i n y s steere A0 tu lls Jv lltial praimedfng. Lender Sllell be'crlt)lled its collect all expenses incurred fn parsuhtC HIM remedies provided In f <e to the extent. rermitled. by cAde f titl t d . u e a o cot - perveSelphe 24, Including, but had Ilmlted 10, atlnreayi tees an appliullle live, ILL "Nelpse. Upun payment or all sums secured by the, Security Inateumenl, till., SeNri(y Innuruncnl and Iho "late L ndersMll discharge and satisfy this Seceickyy instrument ccurrence h ft v d , er Suc o . A oi - conveyed +11111 terminate Will bce Dotrower shall pay any recordation cal&. - ithan ebu e to borrower - - . v g -'V- -AVAIL-M `Drmower, lo-alto-talent r+lrndued by. applicable Ipso, waives unit mkicees any error m defecPo in wuivet the hertafil of any present or future laws ptpviding for slay. eb d h - er y procecding• 1. enforce this SecutilY Insaunical, an extension or time, exemption rrmn ousehrrleul, levy sod sale, and haaecoic d exemption. - ' or exeeuiZim . - - 24. la bealalemanl Ptdml. iknrowefs .lime to reinstate prtwideJ in paragraph IN slmll exetm) 1000c hour prior to The - . ealoncoicnlem of Itiddkug at a allerirca Sale or nlhcr suit pupn,rd to Jds Security In:lrounenl. 25, Purchase Money Meragage. If any of tilt deht Secured by this Seeurily Inslmntonl ix lent to Burrower to uequim title is line Property, Ihie$ecarily ruWnlanl shell be a Purehnrt money II+OrIQ,ne, 2d. Intar9sl Iinle Ar1n Jndgmcnl. scrrawcr agn:ra that 'he interest rate payable after a Judgment is caned wa the .. . 'N Ole or in an action of nlongage foretlatui i shall be elm rate pwYabit rMull (into to time under We Note. ,vest 27, Riders to Qtly Securlly bodruluent. U aq or ll N beers me executed by Uortowac und*n<oNUJ tog ille" .vilh , . th& Security Instrument. lilt covenants and agreements or each such ricer shall be incorporated into and shall amend, and supplemcol the Vycillu115 dlMl avivon.olis of IIJ^ Sevai ty lamilmict I as if in, nweq.) wtv a I\J11 or this. Security hu:moneta. Knack applicahk h.ut(p)( n Adjustuble Rum lAtkr ? CmxWntinium Pitlor 0 l-4 Fulnily Rider ? Gtndaated Puyntcm Iti er ? Plaltlrcd Unit oevelopaem hider ? Ulwcckiy Mayltent Ritter, ))albino Millar lice InNNUrsmCm Rldcr ?5cu^ul Phulq RiJCr © Other(s) pj^xityl Prepayment Penalty 6 Arbitration - ' RY SIGNING UL•LOW. Ilhrnavur accepts Intd uUme^ W the 'Crossland ccly sluots contained in Iwges 1 through 6 urthis - .. Sac"'i1Y I441I1tual"iyalu7 In wly riJurtst e^ceged by Ihmvi w r moil icconled with it. - //???'S-i?7• ??7'?!/?? ASCU) (Sent) - Iwn.r u+ ... 7IIa`n ?T' Miller I 9s(SeSeal) (Scab _ eery a er •nla I n? wiumss: wing,.: 1 - COMMONW15ALTNOPPENNSYLVANIA, Cwus )ert++J Counly s^: . On this. i'. . . 04 ^ZJ:rynl' p47?Qar. sill, Ircfolsnq, r+?rrl..? RMcctss? tlN; wWclaiglud oflittc, puxoonlly apixared Ae/e n Y, K: I let ...J eery J. Mi Kr ' known to me (or wriaruclorily that . ).to The lite hey pu s1ewunr . (lane mule p er. r'G Ylll^?enbed to the w1U\III inYlNng N )lad aeknowlVJQed - that - They .:incJ nu. -l to Lx the portals, hucin comaincJ. - ' 'S; 1N WIYNL'.SS Wl11?R Y'bh'f hs.nmlu .vet my hunt anJ ulfleiul xal. - ' My Cnn\mw.lonc^pfyf, , 1L a/enh" R. kteclowy; wyx ?? AS.w R ?i J.t .. GY?CnuilvNGWaieben E^w""MRe.IIda3 .. . l•j - cola \lonw CCI4TIMCA7E 011 RESIDENCE 1, hs>yTAa McGICt6o?/ J 11weby cenily that Ile wrest addresv at Uq within named leader is ?7 p fn h5 T 1"i 'A T C.f. Witnessmy blow this dayot OCiseeP. 144E Agent of l,clNkr - -"OmEq DF785 ALLAN K MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17013 September 12, 2002 0040395352 ACT 91 NOTICE NBRC 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'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you 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'S 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. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE e-x „c., HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY 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. You should advise this lender/servicer immediately of 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 Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a 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 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 NOTE: IF YOUA RE 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. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 1367 ZIMMERMAN RD 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: $2,729.28 c) Late Charges: $277.64 d) Recoverable Corporate Advances: $282.54 e) Other Charges and Advances: $$0.00 f) Less funds in Suspense: $405.70 g) Total amount required as of (due date): $$2,883.76 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) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,729.28 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 cashier's check, certified check or money order made payable to: Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 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 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 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 attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees 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 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 Sheriff's Sale You may do so by paying 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 Sheriff s Sale 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 Sheriff's sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. 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 Address Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1-800-795-5125 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/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 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; 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 THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. New York City Collection Agency License: #1099500 - North Highlands, CA (Main office) #1099501- Raleigh, NC (Branch) #1099512 - Boone, NC (Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North Highlands, CA (Main office) #3676 - Raleigh, NC (Branch) #3675 - Boone, NC (Branch) Tennessee This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tennessee 37243 Horx??? DF785 ALLAN K MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17013 September 12, 2002 0040395352 ACT 91 NOTICE NBRC 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'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you 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'S 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. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY 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. You should advise this lender/servicer immediately of 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 Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a 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 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 NOTE: IF YOUA RE 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. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 1367 ZIMMERMAN RD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 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: $2,729.28 c) Late Charges: $277.64 d) Recoverable Corporate Advances: $282.54 e) Other Charges and Advances: $$0,00 f) Less funds in Suspense: $405.70 g) Total amount required as of (due date): $$2,883.76 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) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,729.28 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 cashier's check certified check or monev order made payable to: Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 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 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 mortaaeed Property. 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 attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees 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 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 Sheriff's Sale You may do so by paying 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 Sheriff's Sale 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 Sheriff's sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriffs Sale 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 Address Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1-800-795-5125 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/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 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; 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 THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. New York City Collection Agency License: #1099500 - North Highlands, CA (Main office) #1099501- Raleigh, NC (Branch) #1099512 - Boone, NC (Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North Highlands, CA (Main office) #3676 - Raleigh, NC (Branch) #3675 - Boone, NC (Branch) Tennessee This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tennessee 37243 HOMED DF785 SHERRY J MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17013 September 12, 2002 0040395352 ACT 91 NOTICE NBRC 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'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, 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'S 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. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY 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. You should advise this lender/servicer immediately of 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 Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a 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 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 NOTE: IF YOUA RE 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. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 1367 ZIMMERMAN RD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 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: $2 729.28 c) Late Charges: , $277.64 d) Recoverable Corporate Advances: $282 54 e) Other Charges and Advances: . $$0.00 f) Less funds in Suspense: $405.70 g) Total amount required as of (due date): $$2,883.76 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) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,729.28 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 cashier's check certified check or money order made Payable to Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 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 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 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 attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees 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 attorneys' fees. OTHER LENDEWSERVICER 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 Sheriff's Sale. You may do so by paying 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 Sheriffs Sale as specified in writing by the lender/servicer and by performing a!!Y 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 Sheriff's sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriffs Sale 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 Address Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1-800-795-5125 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/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 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; 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 THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. New York City Collection Agency License: #1099500 - North Highlands, CA (Main office) #1099501- Raleigh, NC (Branch) #1099512 - Boone, NC (Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North Highlands, CA (Main office) #3676 - Raleigh, NC (Branch) #3675 - Boone, NC (Branch) Tennessee This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tennessee 37243 HomEq DF785 SHERRY J MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17013 September 12, 2002 0040395352 ACT 91 NOTICE NBRC 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'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, 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 ouestions, 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'S 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. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY 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 counselin agencies for the county in which your orooerty is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. You should advise this lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (seethe 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 Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a 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 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 NOTE: IF YOUA RE 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. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 1367 ZIMMERMAN RD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: 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: $2,729.28 c) Late Charges: $277.64 d) Recoverable Corporate Advances: $282.54 e) Other Charges and Advances: $$0.00 f) Less funds in Suspense: $405.70 g) Total amount required as of (due date): $$2,883.76 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) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,729.28 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 cashier's check, certified check or money order made payable to: Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 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 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 anon your mortgafled property 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 attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees 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 Day attorneys' fees OTHER LEND ER/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 Sheriff's Sale You may do sob paying the total amount then past due Was any late charges, other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and an other costs connected with the Sheriff s Sale as specified in ydtin b the lender/servicer and b Performing an 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 Sheriffs sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. 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 HornEq Servicing Corporation Address Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1-800-795-5125 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/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 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; 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 THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance issued in connection with the loan contract may be canceled unless the borrower cures the default. New York City Collection Agency License: #1099500 - North Highlands, CA (Main office) #1099501- Raleigh, NC (Branch) #1099512 - Boone, NC (Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North Highlands, CA (Main office) #3676 - Raleigh, NC (Branch) #3675 - Boone, NC (Branch) Tennessee This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tennessee 37243 Coll a ?r O -10 RETURN - REGULAR SHERIFF S CASE N°' 2002-06160 P COMMONWEALTH OF PENNSYL?IANIA• ERLAND COUNTY OF CZ7MB K OF MINNESOTA WELLS FARGO BAN VS MILLER ALLAN K ET AL CPL. MICHAEL BARRICK County,Pennsylvania, Sheriff or Deputy sheriff of according to law, who being duly sworn Cumberland MORT FORE says, the within COMPLAINT MILLER ALLAN K 00 HOURS, at 21_ DEFENDANT at 1367 ZIMMERMAN ROAD by handing to 2003 CARLISLE, PA 17013 BEN MILLER, SON together with a true and attested copy Of COMPLAINT - MORT FORE he contents thereof. and at the same time directing His attention to t Sheriff's Costs: 18,00 Docketing 4.83 Service .00 Affidavit 10.00 Surcharge 00 32.83 Sworn and subscribed to before me this day of auo?_ A.D. othonotary was served upon the 8th day Of January on the So Answers: R. Thomas Kline ^ A / 01/09/2003 KATZ ETTIN L E V By eputy S eriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-06160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK OF MINNESOTA VS MILLER ALLAN K ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLER SHERRY J was served upon DEFENDANT the , at 2118:00 HOURS, on the 8th day of January , 2003 at 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 BEN MILLER. SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of tYv3 A.D. 'Prothonotary So Answers: R. Thomas Kline 01/09/2003 KATZ ETTIN LEVINE? _ By: Deputy She iff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CURT LONG, PROTHONOTARY TO: ALLAN K. MILLER SHERRY J. MILLER 1367 ZIMMERMAN ROAD 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-6160 Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER Defendants. NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above-captioned proceeding; as indicated below. Curt Long, Prothonotary [XX] Judgment entered by Default IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney ID #53957 PLUESE, ETTIN, BECKER & SALTZMAN 905 North Kings Highway Cherry Hill, NJ 08034 856/667-6440 Attorneys for Plaintiff Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/667-6440 Attorney for Plaintiff 78002 COURT OF COMMON PLEAS WELLS FARGO BANK OF MINNESOTA, CUMBERLAND COUNTY NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND NO. 02-6160 SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, PRAECIPE TO ENTER JUDGMENT AND V. ASSESSMENT OF DAMAGES ALLAN K. MILLER SHERRY J. MILLER Defendants. TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, Wells Fargo Bank of Minnesota, National Association as Trustee under the Pooling and Servicing Agreement dated as of February 28, 2001, Series 2001-A, and against Defendant(s), Allan K. Miller and Sherry J. Miller, for failure to file an Answer to Plaintiffs Civil Action in Mortgage Foreclosure within twenty (20) days from service thereof. Service was made on the Defendant(s) by, Sheriffs of Cumberland County as follows: Allan K. Miller, served January 8, 2003 Sherry J. Miller, served January 8, 2003 CASE NO: 2002-06160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK OF MINNESOTA VS MILLER ALLAN K ET AL CPL. MICHAEL BARRICK Cumberland County,Pennsylva says, the within COMPLAINT MILLER ALLAN K. DEFENDANT at 2118:00 at 1367 ZIMMERMAN ROAD 1? ?;00 v Sheriff or Deputy Sheriff of Zia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 8th day of January , 2003 CARLISLE, PA 17013 by handing to BEN MILLER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 01/09/2003 KATZ ETTIN LEVI1,?E By • ??? ?.: p S eriff iv? u?y Prothonotary ?111.?1\li 1 ? 1\L1 V1\1V 1\LVVLAI\ CASE NO: 2002-06160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK OF MINNESOTA VS MILLER ALLAN K ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon -1 r nT., -r the DEFENDANT , at 2118:00 HOURS, on the 8th day of January , 2003 at 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 by handing to BEN MILLER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 01/09/2003 KATZ ETTIN LEVINE By: Deputy Sheriff Prothonotary Assess Damages as follows: Total Demand in Complaint $95,553.49 Interest due and owing at the rate of $28.63 per diem from December 29, 2002 to May 30, 2003 $4,350.24 TOTAL JUDGMENT TO BE ENTERED $99,903.73 SALTZMAN Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/667-6440 Attorney for Plaintiff 78002 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.:02-6160 CERTIFICATION OF ADDRESSES I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorney for Plaintiff, Wells Fargo Bank Minnestoa, N.A. as Trustee under the Pooling and Servicing Agreement dated as of February 28, 2001, Series 2001-A, hereby certify that the Plaintiff s correct address is 1100 Corporate Center Drive, Raleigh, NC 27607 and the last known address of each Defendant is as below. Allan K. Miller, 1367 Zimmerman Road, Carlisle, PA 17013 Sherry J. Miller, 1367 Zimmerman Road, Carlisle, PA 17013 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. PLUESE, ETTIN, BECKER & SALTZMAN By: Peter J. odine, Paralegal `JENNIFER EISER NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 211Q1M Sworn to and Subscribed before me this 3D day Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 856/667-6440 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorney for Plaintiff 78002 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, V. COURT OF COMMON PLEAS : CUMBERLAND COUNTY NO. 02-6160 AFFIDAVIT OF NON-MILITARY SERVICE ALLAN K. MILLER SHERRY J. MILLER Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND: : S. S. I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined by the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Allan K. Miller Age: Over 18 Residence: 1367 Zimmerman Road, Carlisle, PA 17013 Employment: Unknown Defendant: Sherry J. Miller Age: Over 18 Residence: 1367 Zimmerman Road, Carlisle, PA 17013 Employment: Unknown PLUESE, ETTIN, BECKER & SALTZMAN Sworn to and subscribed before me this day of 11 ?j , 2003. AINNIFER EISER NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 2110/2004 5z6n, Esquire ID No.: 53957 Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 N. Kings Highway Cherry Hill, NJ 08034 856/667-6440 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorneys for Plaintiff 78002 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A V. Plaintiff, ALLAN K. MILLER SHERRY J. MILLER Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 02-6160 CERTIFICATION OF MAILING I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorneys for Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1: Allan K. Miller, 1367 Zimmerman Road, Carlisle, PA 17013 Sherry J. Miller, 1367 Zimmerman Road, Carlisle, PA 17013 PLUESE, ETTIN, BECKER & SALTZMAN By: -- - Peter J. odine, Paralegal PLUESE, ETTIN, BECKER & SALTZMAN A Division of KATZ, ETTIN & LEVINE, P.C. Attorneys At Law 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorneys for Plaintiff 78002 COURT OF COMMON PLEAS CUMBERLAND COUNTY WELLS FARGO BANK OF MINNESOTA, 02-6160 NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, v. ALLAN K. MILLER SHERRY J. MILLER Defendants NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pty. R.C.P. 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims asserted against you. Unless you act within ten (10) days from the date of this Notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights and may be liable for money damages. You should take this Notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Libert} Avenue Carlisle, PA 17013 1/800-990-9108 NOTIFICACION IMPORTANTE Usted ester en incumplimiento de su oblicaci6n legal de presentar, ya sea personalmente o por medio de su abogado, una declaracion por escrito y por no haber presentado por escrito sus defensas a los cargos que se han presentado en su contra. Si usted no toma accion dentro de diez (10) dias de la fecha de esta Notificaci6n, se registra,-a una sentencia en su contra sin audiencia y usted podra perder su propiedad u otros derechos importantes y podra ser responsable por danos monetarios. Usted debe llevar esta Noticia a un abogado enseguida. Si no tiene abogado o no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuyo numbre se encuentra abajo para conseguir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 Date of Notice: PERSONS SERVED: Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 May 15, 2003 -2- PLUESE, ETTIN, BECKER & SALTZMAN PLUESE, ETTIN,, BECKER & SALTZMAN ?- ? ?-, f l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment WELLS FARGE BANK OF MINNESOTA, NATIONAL ( ) Other ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, File No. 02-6160 2001, SERIES 2001-A vs. Amount Due $99,903.73 ALLAN K. MILLER Interest $4,449.82 SHERRY J. MILLER Atty's Comm Costs TO THE PROTHONOTARY OFTHE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) 1367 Zimmerman Road, Township of Monroe, Cumberland County, PA PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 11/7/03 Signature: Print Name: altzman, Esquire Address: 05 N. Kings Hwy Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-667-6440 Supreme Court ID No.: 53957 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. Pf r ? ?a C JU Z ` t.- i .. C. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-6160 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A, Plaintiff (s) From ALLAN K. MILLER AND SHERRY J. MILLER (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 $99,903.73 L.L. Interest $4,449.82 Arty's Comm % Due Prothy $1.00 Atty Paid $130.83 Other Costs Plaintiff Paid Date: NOVEMBER 13, 2003 CURTIS R. LONG Prothonota ?// Cy ? - (Seal) ?Bv: '1f4 - . / .Pr<r Deputy C REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 905 N. KINGS HWY CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-667-6440 Supreme Court ID No. 53957 ALL THAT CERTAIN tract of land situate in the Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot No. 3 and lands N/F of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux; thence along the last mentioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty- seven (37) feet to an iron pin; thence South thirty (30) degrees thirty minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands N/F of Dr. William Brod; thence along the last mentioned lands South seventy- seven (77) degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands now or formerly of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) minutes forty (40) seconds West three hundred sixty and twenty-one hundredths (360.21) feet to a P.K. Nail in the centerline of Zimmerman Road and place of beginning. ADDRESS: 1367 Zimmerman Road, Carisle PA, Cumberland County PARCEL: 20-10-640-71 PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856)667-6440 Attorney for Plaintiff 78002 I.D. No. 53957 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-6160 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129 Wells Fargo Bank of Minnesota, National Association as Trustee under the Pooling and Servicing Agreement dated as of February 28, 2001, Series 2001-A, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1367 Zimmerman Road, Township of Monroe, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each owner and/or Reputed Owner: Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of each Defendant named in the judgment: Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Monroe Township Sewer Authority 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17055 Monroe Township Municipal Authority 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17055 Monroe Township Tax Collector 1220 Boiling Springs Road Mechanicsburg, PA 17055 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 3rd Floor W. Health and Welfare Bldg Harrisburg, PA 17120 4. Name and address of the last recorded holder of every mortgage of record: Northwest Consumer Discount Corp. 227 Penrose Place Carlisle, PA 17013 Wells Fargo Bank of Minnesota, National Association 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 7, 2003 PLUESE, BECKER & SALTZMAN, LLC BY: ire 53957 r r y( L_. J .1 lT? -c PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff I.D. No. 53957 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-6160 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Allan K. Miller Sherry J. Miller 1367 Zimmerman Road 1367 Zimmerman Road Carlisle, PA 17013 Carlisle, PA 17013 Your house at 1367 Zimmerman Road, Township of Monroe, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment of $99,903.73 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on Wednesday, March 3, 2004, at 10:00 A.M., at the Cumberland County Courthouse, Commissioners Hearing Room, One Courthouse Square, Carlisle, Pennsylvania, or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546- 3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ALL THAT CERTAIN tract of land situate in the Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot No. 3 and lands N/F of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux; thence along the last mentioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty- seven (37) feet to an iron pin; thence South thirty (30) degrees thirty minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands N/F of Dr. William Brod; thence along the last mentioned lands South seventy- seven (77) degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands now or formerly of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) minutes forty (40) seconds West three hundred sixty and twenty-one hundredths (360.21) feet to a P.K. Nail in the centerline of Zimmerman Road and place of beginning. ADDRESS: 1367 Zimmerman Road, Carisle PA, Cumberland County PARCEL: 20-10-640-71 c? c:: `T -? ?,,; -- ?,, : ._ _ i ?J .• < j c' - ? C Wells Fargo Bank of Minnesota et al VS Allan K. Miller and Sherry J. Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-6160 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Rob Saltzman. Sheriff's Costs Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Prothonotary 30.00 14.84 15.00 15.00 8.28 15.00 30.00 20.00 307.25 270.97 29.32 1.00 $756.66 paid by attorney 05/25/04 Sworn and subscribed to before me So Answers: This d4 ?-P day of 7 R. Thomas Kline, Sheriff 2004, A.D. BY d?? Prothonotary Real EstAte Deputy /,cr'N c.? YJ"v?r /S/q PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856)667-6440 Attorney for Plaintiff 78002 I.D. No. 53957 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, V. ALLAN K. MILLER SHERRY J. MILLER Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-6160 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129 Wells Fargo Bank of Minnesota, National Association as Trustee under the Pooling and Servicing Agreement dated as of February 28, 2001, Series 2001-A, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1367 Zimmerman Road, Township of Monroe, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each owner and/or Reputed Owner: Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of each Defendant named in the judgment: Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Monroe Township Sewer Authority 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17055 Monroe Township Municipal Authority 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17055 Monroe Township Tax Collector 1220 Boiling Springs Road Mechanicsburg, PA 17055 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 3rd Floor W. Health and Welfare Bldg Harrisburg, PA 17120 4. Name and address of the last recorded holder of every mortgage of record: Northwest Consumer Discount Corp. 227 Penrose Place Carlisle, PA 17013 Wells Fargo Bank of Minnesota, National Association 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 7, 2003 PLUESE, BECKER & SALTZMAN, LLC BY: ire 53957 PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff I.D. No. 53957 WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 28, 2001, SERIES 2001-A Plaintiff, v. ALLAN K. MILLER SHERRY J. MILLER Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-6160 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Allan K. Miller Sherry J. Miller 1367 Zimmerman Road 1367 Zimmerman Road Carlisle, PA 17013 Carlisle, PA 17013 Your house at 1367 Zimmerman Road, Township of Monroe, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment of $99,903.73 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on Wednesday, March 3, 2004, at 10:00 A.M., at the Cumberland County Courthouse, Commissioners Hearing Room, One Courthouse Square, Carlisle, Pennsylvania, or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546- 3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ALL THAT CERTAIN tract of land situate in the Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot No. 3 and lands N/F of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux; thence along the last mentioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty- seven (37) feet to an iron pin; thence South thirty (30) degrees thirty minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands N/F of Dr. William Brod; thence along the last mentioned lands South seventy- seven (77) degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands now or formerly of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) minutes forty (40) seconds West three hundred sixty and twenty-one hundredths (360.21) feet to a P.K. Nail in the centerline of Zimmerman Road and place of beginning. ADDRESS: 1367 Zimmerman Road, Carisle PA, Cumberland County PARCEL: 20-10-640-71 Real Estate Sale # 44 On December 01, 2003 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1367 Zimmerman Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 01, 2003 By: ?-- Real Esta Deputy ?9, I!V Lt 11 h I A04 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812, to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .......................... ....' ubscribed me his 23rd ay of r?uaryr20Q04?A.D. S A L E #44 Seal//? REAL ESTATE SALE No. 44 Notary Public '? COPY [;AW5TARYPILIBLIC Writ No. 2002-6160 auphin Cou Civil Term ires June 6, 2006 NOTARY PUBLIC Wells Fargo Bank of Minnesota, Parirrsyn.artia Association CK Notaries My commission expires June 6, 2006 Member, National Assoc., as Trustee un der The Pooling and Servicing Agreement Dated as of February CUMBERLAND COUNTY SHERIF=FS OFFICE 28, 2001, Series 2001-A CUMBERLAND COUNTY COURTHOUSE Vs Allan K. Miller and CARLISLE, PA. 17013 Sherry J. Miller Atty: Rob Saltzman Statement of Advertising I.osts DESCRIPTION To THE PATRIOT-NEWS CO., Dr. ALL THAT CERTAIN tract of land situate in For publishing the notice or publication attached the Monroe Township, Cumberland County, hereto on the above stated dates Pennsylvania, bounded and described as follows, Total $ 270.97 to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four publisher's Receipt for Advertising Cost (74) degrees thirty (30) minutes zero (00) seconds The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot No.. 3 and lands N/F of Wilson P. Hurley, et ux, South thirty (30) By .................................................................... degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty- four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux; thence along lands now or formerly of Dr. William Brod; the last mentioned lands the following courses thence along the last mentioned lands North two and distances; South fifty-one (51) degrees thirty (02) degrees forty-six (46) minutes forty (40) (30) minutes zero (00) seconds East thirty-seven seconds West three hundred sixty and twenty-one (37) feet to an iron pin; thence South thirty (30) hundredths (360.21) feet to a PK. Nail in the degrees thirty minutes zero (00) seconds East one centerline of Zimmerman Road and place of hundred fifty-one and fifty hundredths (151.50) BEGINNING. feet to an iron pin at lands N/F of Dr. William ADDRESS: 1367 Zimmerman Road, Carlisle, Brod; thence along the last mentioned lands South PA, Cumberland County. seventy-seven (77) degrees thirty (30) minutes PARCELNO.: 20-10-640-71. zero (00) seconds West!ne hundred forty and eighty hundredths (140.80) feet to an iron pin at PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2„ 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 44 Writ No. 2002-6160 Civil Wells Fargo Bank of Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement Dated as of February 28, 2001, Series 2001-A VS. Allan K. Miller and Sherry J. Miller Atty.: Rob Saltzman ALL THAT CERTAIN tract of land situate in the Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. Nail set in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) de- grees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. Nail in said centerline; thence along Lot-No. 3 and lands Lt? isa Marie Ccyn , Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 N/F of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) sec- onds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands N/F of Wilson P. Hurley, et ux: thence along the last mentioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty-seven (37) feet to an iron pin; thence South thirty (30) degrees thirty minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands N/F of Dr. William Brod; thence along the last mentioned lands South seventy-seven (77) de- grees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands now or for- merly of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) min- utes forty (40) seconds West three hundred sixty and twenty-one hun- dredths (360.21) feet to a P.K. Nail in the centerline of Zimmerman Road and place of beginning. ADDRESS: 1367 Zimmerman Road, Carisle PA, Cumberland County. PARCEL: 20-10-640-71. 45 r'?_