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HomeMy WebLinkAbout03-3214r MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 325 New Albany Road Moorestown, NJ 08057 (856) 222-1508 Attorneys for Plaintiff EQUITY ONE, INC. 301 Lippincott Drive Marlton, NJ 08053 Plaintiff VS. PATRICIA CASSEL 924 Allenview Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ###*******#***####***********###*********###***************###*******##*************************** This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2.Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3.If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 325 New Albany Road Moorestown, NJ 08057 (856) 222-1508 Attorneys for Plaintiff EQUITY ONE, INC. 301 Lippincott Drive Marlton, NJ 08053 Plaintiff VS. PATRICIA CASSEL 924 Allenview Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION No.: 03-32lk/ 0ju C7&L1VL CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Equity One, Inc., is a mortgage company, having an office and place of business at 301 Lippincott Drive, Marlton, New Jersey 08053. 2. Defendants, Patricia Cassel, is the real owner of the premises hereinafter described. 3. The residence of the Defendant is 924 Allenview Drive, Mechanicsburg, PA 17055. 4. On November 30, 2001, Defendant, Patricia Cassel, executed and delivered to Equity One, hic. d/b/a Popular Financial Services a note (the "Note") and mortgage (the "Mortgage"), a true and correct copy o f the Mortgage is attached as Exhibit "A". The Mortgage was recorded on January 11, 2002, in the Department of Records in and for the County of Cumberland under Mortgage Book 1745 Page 3919. The mortgage was re-recorded on August 9, 2002, in book 1767, Page 4868 to add PUD Rider. 5. The said Note and Mortgage were in the principal amount of $93,600.00, with an interest rate of 8.24% thereon, payable as to the principal and interest with monthly installments of $702.53 commencing January 5, 2002. Said Note and Mortgage are incorporated herein by reference. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 924 Allenview Drive, Mechanicsburg, PA 17055. 7. The mortgage is in default because payments of principal and interest due October 5, 2002, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $93,046.69 Accrued but Unpaid Interest from 9/5/02 through 6/26/03 @ 8.24% per annum ($21.00 per diem) $ 6,195.00 Title Search Fees $ 150.00 Reasonable Attorney's Fees $ 4,652.33 Late Charges on Overdue Amount from 10/5/02 through 6/26/03 @ $35.13 Per Month $ 316.17 Corporate Advance $ 25.00 Deferred Late Charges $ 316.17 NSF Fees $ 100.00 Escrow Advance $ 410.80 Prepayment Penalty $ 3,062.28 TOTAL as of 6/26/2003 $108,274.44 Plus, the following amounts accrued after 6/26/2003: Interest at the Rate of 8.24% per annum ($21.00 per diem); Late Charges of $35.13 per month 9. Plaintiff has complied fully with Act No. 91 (35 P.S.§1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 924 Allenview Drive, Mechanicsburg, PA 17055 on February 13, 2003, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. A-True and correct copy of such notice is attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amount due as set forth in paragraph 8, namely, $108,274.44, plus the following amounts accruing after 6/26/2003, to the date of judgment: (a) interest of $21.00 per day, (b) late charges of $35.13 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. MILSTEAD & ASSOCIATES, L.L.C. Corina M. Caniz, Esquire Attorney for Plaintiff J Y VERIFICATION I, Corina M. Caniz, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. a Name: Corina M. Caniz, Esquire (/ Title: Attorney BtkLLOON NOTE (Fixed Rate) THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FWD A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS tr LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. L.. November 30. 2001 Marlton New Jersey - . IDU.J [ckyl Rnlel 924 ALLENVIEW GP.IVE.MECHANIC36URG.PA 17055 (Pre,ny Ad&...I I. BORROWER-S PROMISE TO PAY In return for A Idea that I have « ..i,.d, I promise to pry V.S. 593, 600. 00 (this amount I. called "Principal"), plus imemat. to ma order or Lana.r. Lender is Equity One. Inc? .dba Popular Financial Services. - I will make all payments under this Note In the form cf cash, check or money order. 1 under end that Lender may transfer this Nate. Lender or anyone who takes this Note by transfer And who is entitled in receive payments under this Note is called the "Note Holder." 2. INTEREST Inmrea will be charged on unpaid principal unfit the full amount of Principal hat been paid. I will pay interest at a yearly rate of 8.2400 %. The ineemst rate required by Nis Section 2 is the rate I will pay both before and after any default described in Sactlon d(B) of this Not.. 3. PAYMENTS i (A) Time and Place of Payments ., 1 hviil pay principal and interest by makh% A payment every month. I will make my monthly payments on the 5th day of each month beginning on January 5, 2002 I will make these payments every month until Ihave paid alt of the principal and interest and Any other charges described below that I may we under this Nom. Etch monthly payment will be ppll.d as or its scheduled due date And wit be 1 applied [o interest before principal. If, on December S. 2016 , I still we amounts under this Note. I v.itl pay those amounts in full on that data, which Is called the "hlamriry Date." ]will tmkemy.montblypaymentaat400 Lippincott Drive, Marlton. NJ, 08053 or at a different place If required by the Note Holder.. - (B) Amount of btdnthly Payments " My monthly payment will be in the amount of U.S. S 702.53 00289517 00289517 0 I - `MULTISTATE BALLOON FIXED BATE NOTE - Singla Family -FANNIE MAE UNIFORM INSTRUMENT Porm 32160 1101 -eTaN Ia00r1 Mw vMa MOareaOayaOP..30 NOlra1-)aD? wpM„?/_li 1 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known _ as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. I tr 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Nate Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, 1 will pay a late charge to the Note Hol,%l - The amount of the charge will be ,. 5.0000 % of my overdue payment of principal and interest. I kill pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, 1 will be. in.default i (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date most be at least 30 days after the date on which the notice is mailed to me or delivered by other means. p? (D) No Waiver By Note Holder -Even if, at a time when I am in default, the Note Holder does not require me to. pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a lacer time. t (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that most be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the - Now Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail. to the - Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the, promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this .? Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Now Holder •? may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 30. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to ?• ?, the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: 00289517 Form 32 0 1101 ®-87ON t..i pax. x a a wwr. p Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fall of all sums secured by this Security instrument However, this optic. I shall not be exercised by Lender if such exercise is prohibited by Applicable Law. rr if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ?s WITNESS THE HAND(S) AND SE AL(S) OF THE UNDERSIGNED. // ' 40 f v,LLGJQgX. / / (Seal) PATRICIA CASSEL -Bo.uwer (Seal) -Bartowcr (Seal) -Borrower (Seal).. r' -Borrower It 1 f i• eras ol.24"1 ra o soore or.lror N a t• Pap. a .13 00289517 (Seal) -Borrower (Seal) -HOrrower (Seal) Borrower (Seal) -Borrower [Sign Original Only] Fcm a2M MI ORIGINAL - - - , PREPAYMENT RIDER TO NOTE This PREPAYMENT RIDER TO NOTE is made this 0 day of 1 1 / 2 0 0 I - and is incoporated into and amends, modifies and supplements the Note of the same date given by the undersigned (the "Borrower") to E q u i t y O n e. I n c .. d b a P o p u l a r F i n a n c i a l S e (the "Lender") and any riders or modifications thereto ("Note"). - In addition to the agreements made in the Note, Borrower and Lender further .r agrees as follows: - 1 1. The section of the Note entitled "Borrower's Right to Prepay" , - is hereby deleted in its entirety and replaced with the following language: 4. BORROWER'S RIGHT TO REPAY; PREPAYMENT CHARGE I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to pTicipal not yet due. A payment of principal only is known as a "prepayment". A prepaymeg of all the unpaid principal is known as a "full prepayment". A prepayment of only part of the unpaid principal is known as "partial prepayment'. o If I make a partial prepayment, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to [hose changes. Partial prepayments shall be applied to the last scheduled - installments in reverse chronological order, unless otherwise required by applicable law, y' starting with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first T H R E E ( 3 ) years commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree to pay the Note Holder a - - prepayment charge equal to six (6) months' interest on the amount of any prepayment .. exceeding twenty percent (20%) of the original principal loan amount. 2. Section 3 of the Note regarding application of payments is hereby amended by - - adding prepayment charges to the list of "other charges". . P A T R I C I A C A S S E L (Seal) (Seal). m"o.w aam..r i (Seal) (Seal)... _ It Bw,e?ru ao?... PsEP"MEM amEa rM MM (RE QEC) - MWIJBtldrb99 Prepared By: Return To: Laura Theis Equity One. Inc., d a Popular Financial Serfs 400 Lippincott Drive. Marlton. NJ 08053 Parcel Number: [Space AM,. This L-we For Reeordlog Dula ` MORTGAGE DEFINITIONS I Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage. of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 30. 2001 together with all Riders to this document. (B)'Burrower"isPATRICIA CASSEL s Borrower is the mortgagor under this Security Instrument. (c)"Lender"is Equity One. Inc.. dba Popular Financial Services Lender is a 00289517 ij PENNSYLVANIA - Single FRa111y - Fannie My/Fnddie Mac UNIFORM INSTRUMENT Form 3039 1101 ?i• ?.SIPAI Iooaa, V 06h1 IrvUdc?? Pepe 1 al IB MW N MP MORTGAGE FGRMS-IBCOIE21J2p1 Iil?IIIIIIhIIIIIII sr organized and existing under the laws of Pennsylvania Lender's address is 400 Lippincott Drive, Marlton, NJ 08053 - Lender is the mortgagee under this Security instrument. (D) "Note" means the promissory note signed by Borrower and dated November 30. 2001 The Note states that Borrower owes Lender Ninety Three Thousand Six Hundred and no/100 Dollars (U.S. $93,600. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 5.2017 (E) "Property" means the property that is described below under the he ling "Transfer of Rights in the Property." (F') "Loan" means the debt evidenced by the Note, plus interest, any prepaym6m charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest... (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider Condominium Rider Second Horne Rider N? ® Balloon Rider Planned Unit Development Rider 1-4 Family Rider Q VA Rider Biweekly Payment Rider Other(s) [specify] PUD-RIDER rt. (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,. non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" [Weans all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. '.. (d) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by t check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit - - or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, -transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ?'- (K) "Escrow Items" means those items that are described in Section 3. •? (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid - by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the. value and/or condition of the Property. ?F. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. j (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the - Note, plus (ii) any amounts under Section 3 of this Security lutrument. 00289517 INliaat -6?PA) ioaosi "y? 2 w le Form 3039 1101 1 ,r 6 r ?i f,. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject [natter. As used - in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or - not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. - ti. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this - Security instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY /Type of Recording Juradicdonj of CUMBERLAND (Name of Recording Jurndicdoul: ATTACHED LEGAL DESCRIPTION i which currently has the address of 924 ALLENVIEW DRIVE IS6feq MECHANICSBURG (City), Pennsylvania 17055 (LP Cod.l ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and ?t additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." q.? 00289517 a ?-61PAl rccos, n.e•a.na F.,. 3039 1101 (L t' ?r BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform - covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: - - 1. Payment of Principal, Interest, Escrow Items, Prepayment. Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt?&idenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this i Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments - due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a.. y federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments we insufficient to bring the Loan current. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security - Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all -' payments accepted and applied by Lender shall he applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a l? sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and t the late charge. If more that one Periodic Payment is outstanding, Lender may apply any payment received +i from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can he 00289517 tip .6(PA) =oai P"..' to Form 3039 1101 I % - - - , paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall , be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or grounlt?rents on the Property, if any; (c) premiums for any and all insurance required by Leader under Section`5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the 'payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community t Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and - assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives - Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's t obligation to pay to Leader Fonds for any or all Escrow Items at airy time. Any such waiver may only be .? in writing. In the event of such waiver, Borrower shall pay directly, when and where payable„ the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, f shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, r instrumentality, or entity (including Lender, if Leader is an institution whose deposits are so insured) or to any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing ?t or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower ?i any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest - - 00289517 ea•: C ' (M®61PAI toaaei Pw•6d to Farm 3039 1/07 Ifs ) ,r 1. r r f shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in an more thaa 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 raDlunly payments. Upon payment in full of all sums secured by this Security Instrtuneft, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good Will by, or defends against enforcement of the lien in, legal proceedings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lieu an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or - more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.. This insurance shall be maintained in the annuals (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may: require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each Lime remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood woe detertmimation resulting from an objection by Borrower. 00289517 W: ®BIPAl laaoal rwaaoi ,a Farm 3039 t/Ot r? rr If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, wi(It such interest, upon notice from Lender to Borrower requesting payment. N?s All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender NI may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and t Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third patties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance _ I proceeds shall be applied to the sums secured by this Security InA ument, whether or not then due, with. the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Proert Lender ma File ne otiate and settle an available insurance f ij P Y. Y ne-otiate and settle an available insurance claim and related [natters. If Borrower does not respond within 30 days to a. notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and - (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 00289517 y INtiW: (M?etPAt ioooai Pw.r of to Form 3039 1101 t M' ? 1 ?m 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal 1 residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property m Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating - circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in valuNdue to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not econdunically feasible, Borrower shall promptly repair the Property it' damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower - shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds me not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. y? Lender or its agent may make reasonable entries upon and inspections of the Property. If it has - reasonable cause, Lender may inspect the interior of the improvements an the Property. Lender shall give -- Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. f n. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's - knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that night significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or - regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is - reasonable or appropriate to protect Lender's interest in the Property and rights under this Security - - Instrument, including prot=ting and/or assessing the value of the Property, and securing and/or repairing ' ? . the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water - from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not 'i under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all p y. actions authorized under this Section 9. 00289517 Wmlc_ -6(PA) loaael ry. e a m Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower 1 secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reaso¢, the Mortgage Insurance coverage required by Lender ceases to be availffl4c from the mortgage insurer that previously provided such insurance and Borrower was required to make6k 3-eparately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate 1 mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a nun-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be - non-refuadable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be y required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage t Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a aon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this _ Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it - may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other patties that share or modify their risk, or reduce losses. These agreements - are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another. insurer, any reinsurer, - r any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that i derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangenscm is often termed "captive reinsurance." Further: 't, (u) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 00289517 wn•w: (M -6EFAl tc.i rro• a of re Form 3039 1101 ' lr (b) Any such agreements will not affect the rights Borrower has - U any -with respect to the Mortgage Insurance trader the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and+),,eader's security is not lessened. During such repair and restoration period, Lender shall have the right to 981d such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. ' +. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or lass in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sutras secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the mice is given, Lender is authorized r to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the b sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. - Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's + interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if ?i acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 00289517 n..: -6(PA) (aaoei rp. 10 .1 is Form 3039 1101 I rr t 11t, (1. i s r 4f ;i T ?. dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requiredi to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time Alpayment or otherwise modify amortization of the sums secured by this Security Instrument by reason of aliy demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in f serest of Borrower or in =coots less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 15, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. - 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the - charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of my such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 00289517 ??..:70C -91PA1 wooer ry.n.t rs form 3039 1101 m i? 'r' ' rr have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's '? - notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by frost class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have lieu given to Lender until actually received by Lender. If any notice required by this Security Instrument N}also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security lastrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and t obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreemeat by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable y Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femhrine gender; (b) words in the singular shall mean and t include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer or the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but aot limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at. any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those I conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security 4 Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 00289517 INIINC -61PA1 moost aw• 12 of 16 Form 3039 1/01 dlr. agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the 't. purpose of protecting Lender's interest in the Property and rights under this Security fnstmmeut; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the surns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrum2Rt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Nate (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") drat collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which most elapse before certain action can be taken, that time f ) Y period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20- 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or husrdous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (it) an "Euvironnuaiud Condition" means a condition That can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00289517 QD-OIPAI model r.o. ?a m is m Form 3039 1101 ) r Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous 'j Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower dips actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that any removal. or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation ou Lender for an Environmental Cleanup. - NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following y borrower's breach of any covenant or agreement in this Security Instrument (but not prior to '.? acceleration under Section 13 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to core the default as specified may result in 't acceleration of the sutras secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by. - Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay say recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent . permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or - •. future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to ??. Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time f i• under the Note. 00289517 CD -6(PA) toaoe, ". ra ofm Nua.: Form 3039 t/Or F 4'' rr BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this ' Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) PATRICIA CASSEL -Borrower r (Seal) -Borrower (Seal) (Seal) -Borrower -Bormwcr (Seal) (Seal) I -Borrower Borrows (Seal) (Seal) _ '?; -Borrower -Borrower f 00289517 ;6(FA) 1ooosj ps. rs or 16 Form 3039 1/01 ? 1r Certificate of Residence I, Laura Theis , do hereby certify that - the correct address of the within-named Mortgagee is 400 Lippincott Drive, Marlton. NJ 08053 Witness my hand this 30th day of November, 2001 Laura Theis`. Agee oe Mortgagee I , COMMONWEALTH OF PENNSYLVANIA, County as: On this, the 30th day of November. 2001 , before me, the undersigned officer, personally appeared PATRICIA CASSEL ?l. known to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that helshe/they executed the same for the purposes herein contained. M WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: n 1 RAGHELLE NOTARIAL EISEAS. Nota" L Pohhc ,?/fGfAS?,?f ' Susquehanna Twp.. oaWhin county ., My Convtnsslon Expires Mac 5, 2005 - } Tide of Officer 00289517 Mm -etFAI laOOei Fwe 15 ct 15 Form 3039 1101 1 .r I. i COMMITMENT ?•®` SCHEDULE C File Number: 01-233KS y ALL THAT CERTAIN piece of parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being known as Lot 2-E part of Townhouse Plot No. 2 as shown on the final subdivision plan of Allenview, Stage 11, Section B, Sheet 2, dated April 2, 1979 and recorded in Plan Book 36, Page i. 47, as follows to wit: BEGINNING at the northeast comer of Lot 2-13 and going along a line N 46 degrees 52' E a distance of 20.3 feet; thence turning right along a line S 43 degrees 08' E a distance of 90.00 feet to a point; thence turning right along a line S 46 degrees 52' W a distance of 20.3 feet to a point; thence turning right ..- along a line N 43 degrees 08' W a distance of 90.00 feet to the point of beginning.. BEING the same premises which Lola G. Klinger, by Deed dated 12/23/99 and recorded 12/28/99 in Cumberland County Record Book 213, Page 1011, granted and conveyed unto Kenneth C. Baker, $r. and Nancy S. Baker, in fee.. ,i Parcel No: 42-28-2423-226. Accuracy of acreage content and/or square footage not guaranteed. - i Borrower: PATRICIA CASSEL Property: 924 AL LE NV I EN ORIVE.MECHANICSOURG.PA 17055 I m i- Balloon Payment Rider to Note and Security Instrument THIS BALLOON PAYMENT RIDER ("Rider") is made this N o v e m b e r' 3 0. 2 0 0 1 and amends a Note in the amount of $ 9 3 . 6 0 0 . 0 0 (the "Note") made by the person(s) who sign below ("Borrower") to Equity One, Inc.. d b a Pc put ar Ft na n c i al Services ("Lender") and the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") dated the same date atM given by Borrower to secure _ repayment of the Note. y i In addition to the agreements and provisions made in the Note and the Security Instrument, both Borrower and Lender further agree as follows: 1 IF NOT PAID EARLIER, THIS LOAN IS PAYABLE IN FULL ON 1 1 / 0 5 / 17 , ("THE MATURITY DATE"). BORROWER MUST REPAY THE ENTIRE UNPAID PRINCIPAL BALANCE OF THE LOAN AND INTEREST THEN DUE, THIS IS CALLED A "BALLOON PAYMENT". THE LENDER IS UNDER NO t OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. At least ninety (90) but not more than one hundred twenty (120) days prior to the Maturity Date. Lender must send - Borrower anotice which states the Maturity Date and the amount of the "balloon payment" which will be due on the - Maturity Date (assuming all scheduled payments due between the date of the notice and the Maturity Date are made on 't. time). / ?7 ??iu' f /1 . l fE.rLQFx- (Seal) Witness P A T R I C I A EA S S E L -Borrower (Seal) - - E Witness -Borrower a (Seal) Witness -Borrower - 'll/ (Seal) Witness -Borrower r fI (Seal) Witness -Borrower (Seal) Witness -Borrower PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 30th day of November, 2001 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security - Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to Equity One. Inc.. dba Popular Financial Services, a Corporation `1 r (the "Lender") of the same date and covering the Property described in the SAWity Instrument and located at 924 ALLENVIEW ORIVE.MECHANICSBURG,PA 17055 I. [Pmpemy Aadrese] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Property is a part of a planned unit development known as Allenview '1. (Name of Plamed Unit Develop.=j (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's - Constituent Documents. The "Constituent Documents" are the (i) Declaration; I - (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws. or other rules or regulations of the Owners Association, Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents, 00289517 00289517 0 ;?. MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ??ll Form 3150 3199 Page 1 of 3 Initials:\Ar_ (M-7R (0003) Mw aamo VMP MORTGAGE FORMS - 18001521-7291. 111111111111111 H1111111111111 q., B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage,' and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change durinps the term of the loan. Borrower shall give Lender prompt notice of any lapse in requirtK property insurance coverage ! provided by the master or blanket policy. = In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid io Lender. Lender shall apply the proceeds to the sums secured by the t Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. y D. Condenmation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any put of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the - Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any prevision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. t F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Leader agree to other terms of payment, these - amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with. interest, upon notice from Lender to Borrower requesting payment. 4 00289517 00289517 1 0 - tnitiats: C (0-]R (00031 - Page 2 of 3 Form 3150 3199 ?h rr BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. r CCa u/t _ -? - F (Seal) (Seal) PATRICIA CASSEI Bo ow Bo ower (Seal) (Seal) 1 -Borrower -Borrower (Seal) (Seal) Hartower -Borrower - (Seal) (Seal) -Borrower -Borrower 00289517 00289517 0 -7R 100031 Page 3 al 3 Form 3150 3199 PATRICIA CASSEL 924 ALLENVIEW DR MECHANICSBURG PA 17055 289517 FEBRUARY 13, 2003 r i r 9 u ' n - f - gesfago I x T- _ - I Q Certified Fe - I -_- --1 e i lls C7 Return R ciep( Fee --- (Endorsament -,_ I --a Fie equlred) strlttetl rell I'o stmarl< very pee (Endo rsement Re d _ Hare _ gr red) rLl Total postage g Fees $` nt _`? p Sent or Pp Sox No -`- ACT91N``O TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of ynnr 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 HnMFOWNFR'S MORTGAGE. ASSISTANCE PROGRAM (HF.MAP) may he ahle to Help save your home This notice explains how the program works To see if HF.MAP can help, you must MEET WITH A CONSTIMFR CREDIT COIINSF,I,TNG AGENCY WITHIN 10 DAYS OF T14F. DATE, OF THIS NOTICF Take this notice with you when ynn meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies servicing your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Hnnsing Finance Agency toll free at 1-800-142-2397 (Persons with impaired hearing can call (717) 790-1969 This Notice contains 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLJMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DER-ECHO A REDMIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Patricia Cassel 924 Allenview Dr.,Mechanicsburg PA 17055 289517 Equity One, Inc. Equity One, Inc. YOU MAY RF FI.TGIRTE FOR FINANCIAL ASSISTANCE. WHICH CAN SAVE YOUR HOME FROM FORF.CT.OSIIRE AND HF.T.P YOUR MAKE FTITURE. MORTGAGE. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS N THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE'"ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOTT DO NOT APPLY FOR EMERGENCY MORTGAGE. ASSISTANCE, YOU BRING YOUR MORTGAGE IT TO DATE THF. PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" FXPLAINS HOW TO BRING YOUR MORTGAGE. TIP TO DATE CONSUMER CREDIT COUNSELING AGFNCIFS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer cnnngeling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure pkIceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. . NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THF. DFFAIILT - The MORTGAGE debt held by the above lender on your property located at: 924 Allenview Dr.,Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: October 2002 - February 2003 at $824.97 per month, totaling $3,512.65 plus the following: Escrow : $698.26 Late Charges: $456.69 NSF Charges: $100.00 TOTAL AMOUNT PAST DUE: $ 4,767.60 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $4,767.60, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by cash, enshier'.s check or money order made payable and sent to, Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jprcpy 0R054 IF YOU DO NOT CT?RF THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED T1PON- The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER I ENDFR RFMFDIFS - The lender 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 THE SHERIFF'S SAI E -If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will 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 or charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the 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 SAIE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property 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. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Tender: Equity One, Inc. Address: 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 Phone. Number: 1-866-361-3460 Contact Person: Timothy Tracy EFFECT OF THE. SHERIFF'S SAI,F - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-866-361-3460 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. 7U -k c: 10(l) SHERIFF'S RETURN - REGULAR CASE NO: 2003-03214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS CASSEL PATRICIA RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSEL PATRICIA the DEFENDANT , at: 2114:00 HOURS, on the 5th day of August 2003 at 924 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to PATRICIA CASSEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this (? day of //A.? ? l/Z?'O D pi A.D. Prothonotary ' So Answers: R. Thomas Kline 08/07/2003 MICHAEL MILS TEAD By: ep y Sher'ff vs C? Case No. 0 -?>- J? Statement of Intention to Proceed To the Court: ry 1 ?( ,h -T intends to proceed with the above captioned matter. Print 'Name e?, c, S Sign Name - Date: q 1 v Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matte: with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. o O .?iCul S3? f r fTt 71 -0 -VM KJ i n f? u MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 03-3214 Civil Term Patricia Cassel, Praecive to Reinstate Complaint in Mortgage Foreclosure Defendant. ' TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC Pina S. Wertzberger, Esquire Attorney ID No. 77274 {00169884} 7 o ? a w w _J P C CH CT -sz rn F 799 (OL-3 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., i COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 03-3214 Civil Term Patricia Cassel, Entry of Appearance Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Equity One, Inc., in the above captioned matter. MILSTEAD & ASSO TES, LLC hrisovalante . li os, Esquire Attorney ID No. 94620 =i 10, SHERIFF'S RETURN - REGULAR CASE NO: 2003-03214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS CASSEL PATRICIA MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSEL PATRICIA the DEFENDANT at 1805:00 HOURS, on the 8th day of June , 2007 at 924 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to PATRICIA CASSEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 23.04 Affidavit .00 Surcharge 10.00 00 ?'I 5/0'7 L 51.04 Sworn and Subscibed to before me this day So Answers: _4e- R. Thomas Kline 06/11/2007 MILSTEAD & ASSOC ATES By: Deputy Sheriff of A. D. Ak MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Equity One, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003, Plaintiff, Vs. Patricia Cassel 924 Allenview Drive Mechanicsburg, PA 17055, Defendant. for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 03-3214 Civil Term PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Patricia Cassel, Defendant, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 6/27/03 through 08/24/07 TOTAL $108,274.44 31,899.00 $140,173.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordance with Rule 237.1. co attached. OL,44"1:4t, ?z Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: $1as t"61 /'/ L?' e, r-. PROTHONOTARY r8 w A" MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our file number: 1.01563 Equity One, Inc., COURT OF COMMON PLEAS COUNTY Plaintiff, No.: 03-3214 Civil Term Vs. Patricia Cassel, Defendant. TO: Patricia Cassel 924 Allenview Drive, Mechanicsburg, PA 17055 DATE OF NOTICE: July 9, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. (00020971) Page I of 2 AP CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: Chrisovalante P. Fliakos, Esquire ID No. 94620 Attorney for Plaintiff (00020971) Page 2 of 2 p AN. MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 03-3214 Civil Term Patricia Cassel, Defendant. VERIFICATION OF NON-MILITARY SERVICE Chrisovalante P. Fliakos, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, - 2. defendant, Patricia Cassel, is over 18 years of age and resides at 924 Allenview Drive, Mechanicsburg, PA 17055. (&,4hetA? V? Chrisovalan te P. Fl akos, Esquire ?' CL C? d m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, .y` PENNSYLVANIA Equity One, Inc., CIVIL ACTION Plaintiff, NO.: 03-3214 Civil Term Vs. PRAECIPE FOR WRIT OF EXECUTION Patricia Cassel (Mortgage Foreclosure) Defendant. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Patricia Cassel Real Property involved: 924 Allenview Drive Mechanicsburg, PA 17055 Amount Due Interest from 8/25/07 to 12/5/07 at $23.04 per diem (6%) $140,173.44 TOTAL (Costs to be added) DATE: August 23, 2007 Respectively submitted, Milstead & Associates, LLC Chrisovalante P. Fiiakos, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 0 if? C-- sn Ot ?r OD 4zo co -;4 r 4 ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being known as Lot 2-E part of Townhouse Plot No. 2 as shown on the Final Subdivision Plan of Allenview, Stage II, Section B, Sheet 2, dated April 2, 1979 and recorded in Plan Book 36, Page 47, as follows to wit: BEGINNING at the northeast corner of Lot 2-D and going along a line N 46 degrees 52' E a distance of 20.3 feet; thence turning right along a line S 43 degrees 08' E a distance of 90.00 feet to a point; thence turning right along a line S 46 degrees 52' W a distance of 20.3 feet to a point; thence turning right along a line N 43 degrees 08' W a distance of 90.00 feet to the point of beginning. Being known as 924 Allenview Drive, Mechanicsburg, PA 17055 Tax Parcel Number: 42-28-2423-226 4P* ` . t MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 03-3214 Civil Term Vs. Patricia Cassel, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 924 Allenview Drive, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Patricia Cassel 924 Allenview Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Allenview Homeowners Association 3512 Trindle Road Camp Hill, PA 17011 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 924 Allenview Drive Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Chrisovalante P. Fhakos, Esquire Attorney for Plaintiff Date: August 23, 2007 f-z csa i : ,. co r..,l MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Equity One, Inc., Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 03-3214 Civil Term Patricia Cassel, NOTICE OF SHERRFF'S SALE OF REAL PROPERTY PURSUANT Defendant. TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 924 Allenview Drive, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff s sale on December 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $140,173.44 obtained by Equity One, Inc.. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. Alp 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.01563 ?r ? ?r ~ 4 / ? O t F v.. + ,ry{ ? ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being known as Lot 2-E part of Townhouse Plot No. 2 as shown on the Final Subdivision Plan of Allenview, Stage 11, Section B, Sheet 2, dated April 2, 1979 and recorded in Plan Book 36, Page 47, as follows to wit: BEGINNING at the northeast corner of Lot 2-D and going along a line N 46 degrees 52' E a distance of 20.3 feet; thence turning right along a line S 43 degrees 08' E a distance of 90.00 feet to a point; thence turning right along a line S 46 degrees 52' W a distance of 20.3 feet to a point; thence turning right along a line N 43 degrees 08' W a distance of 90.00 feet to the point of beginning. Being known as 924 Allenview Drive, Mechanicsburg, PA 17055 Tag Parcel Number: 42-28-2423-226 C-j 4 ca ?? co i s ?j WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3214 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From PATRICIA CASSEL (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 $140,173.44 L.L. $.50 Interest from 8/25/07 to 12/05/07 at $23.04 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $193.32 Other Costs Plaintiff Paid Date: 8/28/07 A/ " R - &v-a Vuli R. Long, Prothonotary? (Seal) By: ??6.4 L - . - -- - i Deputy REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 Equity One, Inc. VS Patricia Cassel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3214 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Chrisovalante P. Fliakos. Sheriff's Costs: Docketing $30.00 Poundage 1.65 Law Library .50 Prothonotary 2.00 Levy 15.00 Share of Bills 14.92 Surcharge 20.00 $ 84.07 So Ans ers r R. Thomas Kline, Sheriff BY Real Estate Se geant ? r MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., ? COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 03-3214 Civil Term Vs. Patricia Cassel, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 924 Allenview Drive, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Patricia Cassel 924 Allenview Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Allenview Homeowners Association 3512 Trindle Road Camp Hill, PA 17011 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 924 Allenview Drive Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff Date: August 23, 2007 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 03-3214 Civil Term Patricia Cassel, NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT Defendant. TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 924 Allenview Drive, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on December 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $140,173.44 obtained by Equity One, Inc.. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff s Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.01563 ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being known as Lot 2-E part of Townhouse Plot No. 2 as shown on the Final Subdivision Plan of Allenview, Stage II, Section B, Sheet 2, dated April 2, 1979 and recorded in Plan Book 36, Page 47, as follows to wit: BEGINNING at the northeast corner of Lot 2-1) and going along a line N 46 degrees 52' E a distance of 20.3 feet; thence turning right along a line S 43 degrees 08' E a distance of 90.00 feet to a point; thence turning right along a line S 46 degrees 52' W a distance of 20.3 feet to a point; thence turning right along a line N 43 degrees 08' W a distance of 90.00 feet to the point of beginning. Being known as 924 Allenview Drive, Mechanicsburg, PA 17055 Tag Parcel Number: 42-28-2423-226 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3214 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From PATRICIA CASSEL (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 $140,173.44 L.L. $.50 Interest from 8/25/07 to 12/05/07 at $23.04 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $193.32 Plaintiff Paid Date: 8/28/07 (Seal) REQUESTING PARTY: Other Costs Lia P. '?J] is R. Long, Prothonotary By: Deputy / Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 Real Estate Sale # 56 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, FA Known and numbered as 924 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: f <????? 0 C Real Estate Sergeant i .? is , ?' ? Curl