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Home My WebLink About07-4473ti SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIIZE, ATTORNEY LD. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE N0.07-28119 DLJ Mortgage Capital, Inc. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. David M. Clarke NO: d'~- L~~f73 C~vi ( ~~ 4 Bracken Court Mechanicsburg, PA 17050 Summerann Strasenburgh Clarke 4 Bracken Court Mechanicsburg, PA 17050 DEFENDANT(S) COMPLAINT -CIVIL ACTION MORTGAGE FORECLOSURE 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 MAYBE 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIlZE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIItE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-28119 DLJ Mortgage Capital, Inc. PLAINTIFF VS. David M. Clarke 4 Bracken Court COURT OF COMMON PLEAS CUMBERLAND COUNTY Mechanicsburg, PA 17050 Summerann Strasenburgh Clarke 4 Bracken Court Mechanicsburg, PA 17050 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, DLJ Mortgage Capital, Inc., the address of which is, 12650 Ingenuity Drive Orlando, Florida 32826 ,brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mort~a~e: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Meritage Mortgage Corporation Mortga or(s): David M. Clarke And Summerann Strasenburgh Clarke (b) Date of Mort~a~e: February 1, 2002 (c) Place and Date of Record of Mortea~e: Recorder of Deeds Cumberland County Mortgage Book 1748 Page 1487 Date: February 5, 2002 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Meritage Mortgage Corporation Assignee: DLJ Mortgage Capital, Inc. Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 4 Bracken Court, Mechanicsburg, Pa 17050 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: David M. Clarke, 4 Bracken Court, Mechanicsburg, PA 17050; Summerann Strasenburgh Clarke, 4 Bracken Court, Mechanicsburg, PA 17050 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 7, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of July 16, 2007: Principal of Mortgage debt due and unpaid Interest currently due and owing at 14.5% per annum calculated from January 1, 2007 at $18.10 each day Late Charge of $28.29 per month assessed on the 16th of each month from February 16, 2007 to July 16, 2007, (9 Months) Suspense/LJnapplied Balance Accrued Late Charges Appraisal Fees Title Search/Report Fees Attorneys' Fees and Costs Prior Foreclosure Fees $45,560.39 $3,564.70 $169.74 ($300.14) $763.83 $222.00 $600.00 $2,278.02 $1,175.00 $54,034.54 9. Interest accrues at a per diem rate of 18.10 each day after July 16, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ~ SHAPIRO & KREISMAN, LLC _ ~1 BY: ~ ~~ Attorneys for Pl in ' ff S & K File No. 07-28119 ~ ~'•~ W ,S(.,~ :.~ ItT ~'. y{EGI.~~ ~R~a4rA``i OF' O~EUS ~UMBEALkt~4 C013NYY-PA r~~ F~ ~ A~ ~ ~~ rra~l ~s r~alt 'm: ~ ~ nog 9730 7~lO NOiCN ROAD , COi1it~U, SC 2~ ~ Nnmbec 10.18.3321.027 MC3RTGACxE annJ woai~aioooobl~r92 THI5 bIORT(3AtiP ie mo1dN this 1st dygr of February , 2042 , baweta the ildact~ar, DAYtd M. f2A100: AND SRAM SiRRSE~10lJRGlI t;tAA[(E, NIJ;~1W6 AND WIFE ,~~}~ ~ ~' Mangitge Eieceranic Registrmtian Systems Inc. ("MF.,i~"). (aoialy as nonrriaee far I.entkr, to Rer de8aed, and tattler's attc~se0aai a~ ~ig>as). MFRS is otg~ and eaiedag undo the laws of tklxwaner and has ~ addxssx and aeleppgaa maatber of P.~. Bwt 2026. i~Titd, b!t 485Q1~6, tel. (888) ~r79-blk~~G. NERI'i'AGE MQRTPAiGE CgRPDRATION. All Oli Cd~4RATI4N _ (°Imder`) is oraanimtE and exis~g under the laws of t]REGDN ~ !~ ao adttr~s of t40D ~ IF.AdONS RGAD, SUI7E 54D LJU(E . OR 97035 _ ~ViiBt<B~AS, 8arrower is bedeiated to Lender iu tim principal sum of U.S. x d6.E011. DO vvbdcii a is evidenotd by Brkrrowet's none dated February Ol. 2002 a>7d extensions goad raaawaEs thetaaf (5etrin •Nate'}, p~dmg far tnomthly imstallmeata of P~P~ ~ with tbo balaaoa of the t>tlQebtednps~ if not roamer paid, due and payable on February 01, 2417 ; TO ~UHTs to t.endex tiu tr~aymemt of t1u iadebtedu~ C~ridmcxd by the Nom with interest tlu-eou; the payment of aii other somas with inta+est thtx'eDf4, atlvatued in aacadrwnte t~Yith to pratrxt tha tY of ttri~t INtatx$age; at4d r~ ~ of the and agreemeas at garttraia here to~ta3ried. ru noes heraby taorisap+v, gnmt au+d CAa'~y W MGRS ~aidy sa ~iavr iot Ixax--••- --- PPNNSYI.YANIA - SECONt] MdiiT~A[3E - 1180 • Fl11tVIINA~ILMC UNR~RN WSi'RUMt~ti' l~+t Nitt~1S -78N1l+Aate~o~t Ammer 2lp1 P.o., ~-. ~...~~C VdIPlAOR'-GI-6R PDNM$. UOOFbS1.7297 b01.1P1y 9~ j 748PG 1487 i~oo~~' ~kYll I~l~ ~~ A ~~ M Y+tGdcl'8 LSeegatlrS end ~$Lf~ sad to the 800CCil9b!'a ~ assigns 0~ itdlsFiS- the 60~1QW1Aa dlacrt3ed p~p~y locartid in t11e (7Glmtjl of t~A~ERWia Spte of P~eaasylvat»at ' LEC,AL QESCRIP'RON ATTApim F1FREt'0 A-~p ilaDE A PART NEkEOF. BALLOiM1 RIDER ATTAt~D FPftE7'l? AND lt~E A PART HEREOF, which has the address of 4 BRAt7~t S~OLIRT , ~~ NEI~IANICS8tiR6 , Pt~sytvattia 17050- (h~ein'Ptupaty A,ddt+as*}; ~ ~ Gbdel 1lOGL'TIiE~i with al! the ia3pe~avemaats ntyav err traxed ua the psopaty, end aA eA4ep~p~s; rigt>fs, appazfinett~ t~itd ~, #11 of vvhict- ShsII be +deeatcd m be and tt ~ pxtt v~ the property covrxnd by this Mort~,ge; and ell of the , together aritb said P>~Y E~ the Ieaachold caeatc if t>tia Mattgoge is oa a leasehold) ere >~iaepmr tt~rrad to :s the "Property." BorrpvreC lmclets~s tatd agnors that MGRS holr>s only legal mla to the interests gi~aobed by Burrower is this Mcrtgege; bw, if to comply wlt~t law a~ . MER,S, (era aamumiae ,liuur I-~ad4r end. ~~ender's seoc~aoLa and ~g~3~ ~ the right: m exe:doe aug or all of thooe iatsrests, inclodiag~ but sot litdtad to, the ~ fvreciaise sad sail the Prapagr; end to taloe say adiCCq regui:zci of Lender indtaling~ but uot: Iittited to, ~~M l~aamwer ooveasnis that Barra~ver is Y seised of the aloft bCceby eanwyed and >ta der right tQ moztgage. Swat earl ~e7' ffie Pcopergr, ao@ thLt the Roperiy ~ ~, far ~ of rootttd. Bonadwer ~aoveeaete tltist Baxmw~ warrants and ~vt11 ddhad generally the titter to the Property against all elaltm and demaopds, aubjoct to ~caetbr~$ of record_ UNIFORM COVENANTS. Borrawr~r sad Lt~r caveaaat sad ~ as fnlIaws: 1. Paytt>att o! Principal and 7ntarat. Bartower ahoII proaq~tly Pay wbeu due the poinGipal and rstt+ertst m~ftednees Cvidetttxd'by the Hots and fats as provided iu ttra Nate. Z. i far Ttgoes agd Ip3oramde. SwDjea to appltcabie law oz' a written waive by L~der~ Borrower shall pay to Lsndea on the dap+ Y Pxi' ~ P~P~ esd iattn+est are payable Hadar the Note, u~l the Note is paid is *r, a.s+.~ ;hrr_t~ "i*~r"~ e++h2? ~ ~+e-twe~ip'h erf tl~ yrxrly gopesy~m, rd ...._. 7~5N{PAl wiasr wa.7t v~ a Form 3838 ao68rr ~K 174~PG I X88 ~ ( coadasoiaium dart piatmed tutft devtlaptnr~ut fit:, if ) ~~ map ~niarity over this Mtatgage aM gtoimd r~ an the ~+aputy, if day, Tdus am~twel~ of yeaa~+ PQ's tnstallmmts for ~ iaataaacx, ooas~twelfth of ypdy ft~tilmeots for if atty.:all ~ teerooabiy esdaAated ~aiiy dad tam t~ to ~ ~ o~ use ~ ~~e ~a muu dad reawatable tlt~e ~attnwer siwu eat be obtl~l ro ~ sad- paymeata of Paads o0 L~tder: ba dte ea~wt dwt 19orratt~r,t~e such pert w ~ border of a ptlor martg~ ar flood of bast if each itelder ie au leader. ~f~ ~ Pools m , ~ >~ ~ be bald in an iasthntLaa ~ dspnadts ~ aooomtts of ate iasaurod ar by a tadetal or ,rase ageaey (iaci Radar it Treader b each an iaoti~atcaa), Leader ahaIi apply the Fwtdt m yqy said talxs, mss. msart~aca ptemimn; sad detmmi seta,. f.mder me}q not cbaaga for sa hiring ema ~i the ~~lj~ asi'd soot ar aoa aompUms said a attd bNa, tutleas l~der ~ itrtarrat cuu the Ftmds~ applicaWa law parmha Leads to m~ sorb a . Ban+atNer eel L~1d~r mgr ~ m waling ai tsar time of eaaattista of >hi3 blattgage that iataiest am the Feuds shall im P~ to Bcat+ogver, and tmlase aneh is made ar apptiathlE kt1 rDquttss such m be paid. Loader shall flat 6a tegoired to pay Boatnt~t a>t7- iprt~ of earni~e oa the Fbmds. Leader veil l~~ to , without . as , aocouatiag of the Ftntda crodiu and de6hs to the I~mds ~ the pttrpaee ~r writrL each debit to the Putrrxfs wad ttt>de. The Funds are pledged ~ addhiaaal secaaty for rite sues, lepteed ~i tAis if'the amorct~t of tLe Ifitads held by Leader, tagaher wiQt the tbtune maatbiy ftraa~atmtsh P t?~ to the due +~ of tatas, asap, imtuaac~a paxni~s sad l rears; sheu ritxed the amount raluti+ed to pqy said t:pca. assn pm~ldmm mct :was a: they iStA due, •sncb ~xst shall ~ at Hasz+awer's aptpo, eitbes :epsdd w Baroaer or cnedlted to Bonoty~ ~ • • - >' i ~ . ~£ t1~a amota~t of ~ held by Lander 9batl np[ be d'aat m pay ~~ . i pssaohtaoa dad ground tWdtR m they Dll due. 8a<ForVeo' ,Cart! ply bo LaMar day arndaar auxasacy to ntaiae FP ~ y to omo or mode psyatta;ata ats Lea~ar ~ n:gnire. ~t~ p is iirlt of aii srmng eenundd b3+ thts Mortgage, I.eadtr shell pa+a®pdy t~efnad m t3ormwar say F~ he>Id by Linder. 1f uada, •i? bamaf t~• assnad ee sAe•~ ~ . . atherwl~a aaaptited ly header, shall apply, tta Jetar ti>so 3ta~y poor to the sde of tine ~P~Y ~ ~ #c~tdaittea try Lam, day s held lry Ie'ndar at t'hC time of applipuion as a ~t against the autm sec~ed lsi- tisis Mffrtgsge. 3. Aypigtiaa of P!s>meate. Unlc~a ~plicebi~ taw piwides ott~e, aii raxivad by Leadx tinder t~ Note sad p~ I and 2 heaeo~f sha11 br aPP~ by ~ P~'~ of auAOlmta p>p-abk tv Leader by 8atmwar nMer patt~aplt 2 banaof, t~ a5o interest paiyable on the Note, add thin to the p~iptd of tie Nora. 4. prior Mortgages dad Deeds o[ Trtest; t~r~ Ltmep. 8ar~nwar tdtall pertlesm eri of 8ormgrar's obtiga:ia~, Hader aqy n~ooct, decd of taunt ~ otLa y ag~o®eac wits . rise ,vltich nu p~o~ity aver this IdtutB~+ t~tow~pr's aova~ncs is0 astbe pa~sneats when due. Borrower ~p~y ar w3tiicb may a priarlry orar tLis sad t>rha ~~~ tines and impcetdans amcilumble m the PropErty ostgagts, and lraaehold psymeats ar grtauad rants, if an~-. S. Hasmrd Ranee. Berr~owac t~sell 3oeep the i~svvtsatats now tmilstln,~ or hit eo~e+d on ha?'rdR as >~ada' mnY rogait~ ymdy~ uaamoia ~ tdm "ea~dod+l~d ooveealye,' add s+u~ . 'Ihp in>v2aacs: cartdr pemridiag tltee ingurAOCa sbAli bC Cboaea >hoarower snbjat to approrat by Leader; Qtt~ridaKl, tlau tarclta~p~v al shall not be tiarts~oa>ably tv&bhtld. All iasaraaa pe~ip dad i+raewair tbetbaf shall be Ln s i7orcm aooepteble to L ~ ~*..a.~~ inea•staad~ ttt~att~r•t1sa~•tts••-..-- -....... .-. fava- of and in a foss araoaptablo m Lettdar. Lt:adar atasil ha~+e ~c right tv hdld the polidas atw rateoraia thereof, subji;ct to the lxnons e-f anp mostgsge, deed ~.`•uw~~ ar-~athtw- -~ •tcgrt -:bca~-kic7,~k :.. .......... has priaaity Aver this lVlortgage. i.. '~3t3ritPAt rotazi Ptw S of b 1899 no6er~ BK1~~8PGI4~~ to the event of le8st Harrower ihail paompt notioc ro the iasaraYnoe e~auier a>fd I.endes. Leader may aral`a proof Of lass ii ~ e pr~by BOt'nowsar. ff tfre Ptopattp is abmdoaed by Baerawer, ~ If ftdi to reipoad to L+tnder rvlibfa 30 d~pa irom the data atatioe is marled by Loader to Eormwer toot the hntuaaos tarriCr' obi to settk a claim far f berra6a, Lender ~ ~ ~ collect and appl~jr the insnraaoe grooved: at I.aodes's option elther m restoratiea oe ~r of ~ Property ar m the cam! srou~ 5Y rhiq Macrgige. ~. ~a-atioa rmd ~ of Property; I.eeaeholrti; Cotrdoaalairrnrs; PLmai Unit Derdoplmeub. Bacroaer shall keep~_~vrith !bt not cow wai6e ax penmic impairratmt aT deteodaruion of the ~arsiams of agy Ieaae i! loco ~dortgyr~e ;~ aaz a leasehold.lf thi5s ~Mor,t,g,~ag,e ie on a uah ia: eoado~ican or s planned udt devdapmxat HOtrap~ ~l all t)~ ~4rlpV~r'i Oliligall0ai nnd0! the t!d MYC'~gta OC ~' ~ ~ of p>.ea~t unit devdopaxat, the by-la9vi and neRu]adaas of the a1~t~m ~' P~~ omit ~~, sad ~tiateat docimoems. y. Yroteotba ~etl Laad~s Seearity. if $arcawer facia to ptrFnra3 the cavesaats sad agreeaiams ooaaatisett in rocs Mas;g~, er ff any alaian ar p~ iv Coraaxxuaod which materi#tip:~ctr LeadQ's iat«esr fa the Property, tvw Leader, ri Leader's opt>oa. upon >aYa~ to Haror>wx, map mince each appearances, didaree ateb ~, ~laditcg rq~aoah3e attaatcyi' ihea, and rake mcdr action as is aeogsarl- to proroct Laader'aa inaereat. If Lander mortgage insurance ae a c+ovditioot of making the kaa ~ ~ ~ ~ ~e sh~l FaY tie pramnme re4uirai co mainain sorb ar~uraoce is e~va leader's wrirteu ~ for such ias~oo >Qadnaoaa in ao~rdaaa with Ho~rmwer's and agreemewt or appikable law. Asp ampums disbursed by I.eMer parsusmt m riris paragraph 7, with iaterrst thetsoo. at iba Note ~ shy 4ec41m~e additional tndelrtedaps of Hormwer aecared b7' This lrtartgage. tlaieas Horta~ver sad Leader to other ternos of payment, loch amount:; shad be payable ~ notiod &am Lender m Hotanrti>~ddtiag paw thaeoL Nothing ~ in soli paragraph 7 shall recp~ Letrdor oo canto ~y ~x ~ mtr aa]- stxioa ha~ecmder. ~ ,~ that Leade~rr st~utl 4r cue to be made reaaoaalhde eatcles npou and ' of iDe give Hernawer aatiae prlor to any salt ittsp~~specityiag ~>e catue therefor related m Lender's interest um the Property. 9. ~. 'tea piocoeds of any award ar tdaita !br dtamgee. dirarct or k oaamectic;a with nay eaademoatien ar other taking of the . nr >~ t6eseof, or ier oo~ v ~x in yietr of ooadeamicioa, are hereby assigned ami shalt he patd to Lender, subjoct Co rho farms of nay mrxtgage, deed of tmat or oHu:r aocarity agraezr~r with a fien wi~#i bas pxidiiry ever ~ Marts. w. >aar~r Not Reitamd; >!erbear+raee Sy Leader Nat a Woofer. Eareasioa of the time Wr i~Y» or of amartizabtori of the stone semaed by thin AdeRgage graatst hp Leatkr tID strt~aaa0s is of Booacgsppr shall not operate m rnieere, in any amner, the Iishlits- of the t> Botrewer and Borttrcver'R snaxsson is interest. Lercckr shall not be requires to anmmemcx proceodiug~r agafinst rush aiicee4ept or rOMsa to errand tone for payntmr nt othezwisa nwdify a~ of the same aacurod by thi& Mortgage by reason of any tletaartd wick by the odgraai 8ormvrer sad Bactvgver's sutaessors in hnet+ost_ Any ibz~bearrmas by Lprtda iu ~catt~g nnp rigfct nr n:nedy hes~cier; ar . otbmwise affaed~d by agplit~ie caw, sha71 not bt a wuiyer of or preclude ttte exercise afaYry such right er _.... _ ..... .. . remctiy. ~~ 7Ai[rPAY Ata7? hp4d0 ~~ 3 Dp6~eM ~ r ~4~~c ~ ~~a Zl. ~teee9aorx ~ As~ipss Botmd; Joint wind J3~+eral Y3sh~ . 7'he oaveaeme and agnoeriteata >>erdn coocsiaed shall bird, erd rlta ~)sa>s~der slut! iAare ro, tlaa ~ ~ wad aseiggs 4f Leach and Buesgwer, subJeet to t7tt pnpvi of palagtaph i6 hereof. A]I oov~tt and agreespeats ad Bprtt~ shalt ha ,~4iAt rind aeeeral. Atiy ~oraowar who coups tide ~ bat dove tlok a the Nc% (a) is ao-sigalag dais ~ortp,~a opal~ m~rr~ gent wad owevoy tlu~t Bo~vwet`s iatetraat iR the ro Lt~tler wader the rams: o this Se, (e) is ~ per > oa ~ I~ air coder this Mme, ~ (c) ~ Lenfor wad smy 4sbt`t 8oacwa hesarader ~ apse ~o eactaad, 'the[ a ap~ at dpd~ that ar aia~dit th'~ leer ore ~ t[~t Bq~ow{Gr's iasaen~t-ia $~ t'rope~r. -.. _...._._. I.it. Natke.llteept fq~ pp,Y ~~ mq~ under apylicable law to be gives in another netooer. (~? any naEtioe to BaeY+nwcrpaovidod far is this Mpttrotga ahail be given isltre~g $ or hry such aotitx ° by c~esbitied mall addressed ro Boarpwer at toe Prape~ty qor ac trat~t td~ sddreee ore $otxt>~r mag dts Uy rrotitx otr Leader as provided bQda, ~ (b? ~y t+pdoe m I.eodcr tireli be $h+tn l-y txr419Ad mail is I.~a`s addttss stand htrdn or to such odsGr atTd~ae as 7.er1d~ taay a by aotitxx m Baesssw~r as pr+o~aided beeela. Aa nq~ p for is ibis Mortgage shall be deemed tp Nava been even to Bant-wtx ar Linder wtte~ g itt the tdt~ouer deaiprated haariu. ]~. Gorerahsg Lt<w; Sleverahitity, T11E atape and local laws liable Do this A+lortdage thaA tk tht lases anf the jmrisdictioa iu wlikh the Proptrty is located. the i~nregoing sesitmee aril not lisDit the ~'1utY vd' fhdcral law i4 ~ Mts. Ln the avcac that sny pcovisitat o~ od this Aiostg~e or the Note caatlkts whh tpplie~le law, such coatliat shall non other pw~{Ons ofd M~.vi~oos of tlm the Nate: which caw be gins dfza without the cw~liexiag ptwision, wad to this end the b4gst~ a4d ttra Note are dedse~ed to be severable. N used herein, •ct-tts," 'eagxnye; wad '' fees" tttclude all sows to dre tac[ant sot pe+ohi6ated by applit~bte law oa~ ihafoed trereln. 14. Barrowe~rr''s C•epr. Bott+a~ what[ be tyrnlsheA a een£n>med aapy of rEro Nast and of this Marrgejgt: at the tlmt: OAF arecaetla~s ar afpar rmardaticm ]arogL Iwraw ~~'~ Loss App. Borrower shaIl fdiill all of Borrower's ab~gatipas usskr a~jr Irepdtt, Lt~1dG', ~ er~~ ~~• or other toss a;roemeot which Aaeaeourat eaters into with ltrbh ro ~~der, au ~~• of ~~ Harlowr.r m steeds wad deli's m Linder, is s ~ gar[~iea who supply ]tbaK, ntator ~conaea~ian rvtth~ irops~o~~[agmsde to ~ Pra~ty~s lb. 7yaASlk of the ~rnperty ar a Beaeddrtl fm Boirewar. If all or shy of tlsa or way interest a it is sold ar traaafetred (ar if a bmeBoial interact is Bormwer is :old ar tr~~ Borrowrr is not a neatral ~0°~ widtaut i.eudtar'e prior wGlttea ooosest. Leader may, ar is apdoo, r+egnirri~ediamo pt<ymenr ut i1d1 of all sums secured by this ~r44'e. Howrvec, this option ahali trot be eaeraised by Leader if excise; is prohibited hY iiecieral Isar ore of the data of this ~ostga~, If Laatder tlels fie, l:~eadar shall glue Barorovcr aatloe of nocelerailOa. The awe tchaU 19oeto~aa pariad of ndt lass tha~a 3Q de~-s fr+ama. the +daw the ~agtlpe 3a ddiv~ad a malted wit1~ which mast pay all secs, ZaeC1e~1 by this Mortgage. If Basrowe!r fails to p~ f>seaE sums pricz to the s~tpirROiva of this period. Leader Wray imo>;e say remedies permitted by thss Maa~aga arithunt fiuthar aatiee or demead oa Eorrower, ~7tW[PA~ ~+~r oa~en~ ~w~~4 ~~-- foaee i~tl ~4~748P~~49~ Ni?I~UN) C~VBPIANT~'S. Borrower and Leexier fitarther covaratst and agree as fnliotvst 17. Atxdasetigoi , Ups ~i'otver+ar bsfeaals or ~ tf-rrt'sggst er a~eenae~ of borroNer is this Masrtgtspe, 1ot9ndag the eotreesattae to wlrm due auy fRiYla aaeetn~ed by fbais ' 1?~ ~ ~ sflaeii i~ notica to BQerorrer as psos~dad ir! epp> ~- ~~~ amm~~other If~ogq (1) the bseaeb; (tj ilea aetioa aroe~etlrtad to ssrcit bereaehi (S} a tisater f10t less ~ ~ ~ ~Sa the date dre ~otia ~ aaeNHed to B~rRr,1ry w6idr nub bad mgt ie e~ and (~! that nslioxae fns etRe stub ff eta a ba[bre ette datE dpaified is t>w saooier amq l~srndt is ~n K tht aaaaae>; atecured h~ this Mertp sge„ i<otefciosm~s by Jnd[airft ptr~esdiasgr an0ald atatk at tfbe R'o!K'r#1• The notice aitali tYtetitar i~srd of t]te Ov t~istate ttRer aooe~andan and tla aright to ~s ~ tlu loaawtie~ yeeeeedi~g ttaas Sronc~dstenoe a[ # defeW! e><- s~ otLa ddbore oR Baeaer'a~es b ~. sad Rvt~aalorita~. Q for brc+tch ~ not aatt~ed an et hr3lore the tiWr spat~tlaed m ~~~ ~ ~a ~, ,nq+ atr~e ~10~ ~ sutAa t~oem~ea y this n~er~,yie sa ue .... . irortleau >h+fl astd mRT fas~edose thN >~atder asteaFl he to ooDet# k :~ ~ tdl eapeataea~a ffto~i~eeur~ d~ and~titl11eot 18tmbed tq t~saeto»ahk attoenays+ ~ tmd caea or don , ~~. 118, ~aerot~er's RighR m , ~~ >:+a ataeeleratioo of the saau oesured by tbia More Gina b B6zru~ver's busach, >larro~cver shall have the right to hsve stry proabodteega ha~;ent by J~atdec to aafocx grin irrlor~age disroud,ouead at any time pxipr m et ks~t one Lour before the oast of bidding u a a6eritt's oak ar other sale pettwatet to Chia Mfsr;gage if: (a)1;ermtiar l Lender iD tsma ten:utd•iartitffit•dae•uad~•d~tykxtgq~~d-tlmihasdd.~~iotr-• ._....._. (b) Horrawa:r eturea alt bt+es~s taf any owe' coveoasna or 4t BGudwGr . is this 1Mortgagye; (c) Bouower pays all k atgeases u>r by T~ k safvrclg6 thz covraaota aed agaeerae~ts of $otrop~er' ht this Motrgage and in wAotCing Lessdet's remedies as pep~vided laa pa~tigtagde l7 heraof- ntclnding, bmlt atilt Bmited ta. rcaaaoab]e ' fees; ~ (~3~ iaerower talxe aurh aataa ats L.euder may >reaasoasgly rpN~ ca aasrlte thfd tha ken ~Morrgape- I.aoder's i~+est is the Pmpa~ty sand Hatmwaar's olt m pay tht t~ secured by thin Mitt abe11 Uptzn paymesg and cmaC~~rte3wer, thin Mortgage ana the obligatiooa aecuend hte~r is fish fiitaoa: sad effect ~ if no a Lacl aoosttted. 19. Aasig~ent a! >~ta; ~'Lppe~tastent ~ +:t; ~dei in As adslidonal hpaglAder, BatutYer hereby ssse~ss m Ltstder the ceab of tine , pt~dod that Bortuweerra~, prior b >teoe]eadgn :sodas ps<sgs~lt l? Lereo€ oar abend~ttettt ~~ leave ffit; right to aoilea sm! reams such nms as they ~e +lue tmd payable. UFO ~ '1'a+des pata~r~h 1? hpraof yr sbaadoa>~ of slu Pmpaxty, Leader, in Pason. b3' ~ ~ ~ tad readver :abut[ bas fn arur npoas, :aloe of.aoa3 a~or~t the per tttati bo rmfs n[' tha proprtty hectading tle4se past due. A~ptaslecf~d iry I.tader or app1~ ~ m pgytupit of Ilse coats of msaageaneat 4f die Y-rgppety smd coAasfaon o[ rc~s, iasletdieep, bat rat liacorted eo, rocdver's far, pu~iutai ore reteiva:r's hood sad re~asomhte amomeys' fiar. >ad then m ~ sums aerated b7 this M4rrgsge. Lwdes and the receiver ashall be liable m urxamt aalr far tiros: Teats acmaliy roeeived. 20. Relessr. Upon paw of aft auras roaured by this Mortgage, Lender aalteit d'i,~faatge this Mattgt~ie wiWotx charge m Borrawt:r. 8ortowtr !]tall pay all costa of t+eoordatiaa, tf any. Zt.:FntRS~t Rabe Allier Judgment. Eaarovvai that the a~+es~t rate prq-atalt aRer a jOdgternt iy crttexM om flu TlotC or in azs actioae of uoartgage fartcloassre slsail be the rare atatod sn the Note. ~i-7a3tiIIp1U 1~aoa nw a of s taaa.eg~ a~~~ ~t I ~'4$~G ! 49~ ~'uiTFx~t' irVFt r[f~Wt C~ ~AUi,3` AND ~G1.Q61JRL UN~k $KiP~IO~ M(3It'1'~At~ES Q$ tiESU~ OF T8I147' B~ptti+ow~a~ gad Lmdtr t6a ]wider of nay mvat~age, deed o! tcnst of arbor dacutl~t~ ~vlth a lien wtlicb has pr~ty aver tf~ Maoat~e to give NniloC ca I,mder, az I.eadee's eRld:;as set forth da page ane of ~ Maitgage, of afey defanh mdar the cu~erinr aea~rilaao a~ of a~}- eals or orbar foccr+cctasane acting. II~i WP!'NESS 11f1~R.i~1i?, BOt~ro'e-er hsa exearted rids Malaga. ~Vi~ea; ill aRYIR N. Gi.ARKE ~aaoeer -~ , SliM1F1ERAN!! SIRASE7VEiilRGN CLARKS ~ -sa~oa.e~ tom) _-- {sal) -~,~ ~gx ~~~ ~~ ~761{li?A) woaa~ ww.: a s Fenn 9538 oosaPa BK~14$P~f493 Cerlifi+kete Q[ ~deaa r. ~H . 0. SCi~RACK iii , ~ y ~ co addtemcairLe~vi Z.ehderia HERITAGE FIDRTGACE I:ORRORATION, OQ SOUTM~lES7 MF.A~, SUITE 50p, LAKE OSWE60, OR ~7Q~5, W[ta~s my head this ist day t~ Fe a 2042 N K of t.eader ~. .~,:-~ w ~: COhlp+~1VVF.ALTA t~ pSl~Y3]C1,VAMi~, ~ Y4RK Ca~g >f+c Qarhis, r3u~ 1st ~-gof Eebt•uAry 2402 .beforecx. ~~, ~~Y appa~ed nAY1U M. CLARKE and 5llt+MERANN STRRSEN6URGH CLARKE, husband and t~i'fe, Imvwn tame (o~ satii[y proven) m be the ptx's0a s R-hOSt: acme 5 @ re sulueribed to the withia L ~1 ~grod that they sxceaud tha tad 6or the p4cposee hc~a coatsIDed. ~ ~ OF, Iharonoo _.~.. ~snuPpt ~,aw ons..r+R, i Certify this to tie r+ec~rded In Cumberland Cowry PA s ~~a y~r. 3 ...BL1 1 I ~ s~ .~,~ ~;~: ~a .. s:tiChrheuearS+e~a~r311j,~ ,~. ~. `f'. AI.L TB;AT CERx',AYIV' tract of laud. situate in the T Clumbarland, and Comnw~vealth afP °A'~P of Pd~, CQupty of as ~flvws, to wit: ~~~ ~~ more pardculat3y baunda~d and desczibed BE~nrfNING at a poi an the eoutbeastem fine afHtaciren Coutt~ udiicfl p~olt>t is the 1]ne dividinglWots #132 and #X93 ofR,evisad Fins; PlanNa.10, ol*The Vd o~'WcsGoves; the+oceaic~ the said south 38 degrees I9 minat~ 10 seconds Ee3t, 7~4.9Z l~ to a paint an tha lino di~r~diltg hots #1S2 aid #134; tf~ along the sold tip south o4 deg~es s8 aunut~ 47 aecandsBast;1 i3,8b foot tQ a poet cm the line dividing LoRS #132 and #l95; thptec a1o~g tha a$id line Seth iQ degrees l0 mi~wtas 20 sec~uds East, 47.$3 ~t to a pahit on the Ise dvldiag Lot #i92 and knd npw ~ formerly ofnit'W', 3~oller, thence aloa;g the said lice, South 22 degroea 29 mirmtaa west, 54.41 Fe+ct to $ poitsl qn the litre dividing the bts of Plan No. 1 of Tho Y~llage of WestavGr cud Lart #i92; tle alan~ the said line, North ba de~ees 25 minutes West, 109.43 feet to a paint as the line . '~ ~ ~~vitla; Lets #193 ° ' tll9?:, tfzeacc along the said f'ttte, h`ortlt 0; ~ u riiwuis~ 23 ~rnixrais -.°. _ . _ ... _.. . . - West,168.~47 foal to a paint on the southern Tine of Szac~ Court; thetu~e alvmg Bracken Courtin -,_ ; an easterly direction on a aurv+G to the IeR, having a radius ofb8', as arc distance o~'S6.47 fact to a l~ai[rt, tfte plitce ofBEGrYNNIN(x, BF3~T~ I.ot #192, kevised Final Plan No. 10 of The Village of Westover, recorded in tf~c CffiCe of the Recncder ofDaeds iri and fog G~mherlan.: ti".•vwiatY, Peiu~~y~vaiies iu ri~ip mcrc~fc 3i, si p~ `~ and':havin8 thereon erg a dwelTutg bang known and mw~Cipal(y ntm~berad sa 4 Bracken Corirt, Meciu~aicsharg, Pett~rlvania 1705x. BEQ~TG TSl'; SAME PR~r which Joules M.13at~er and Carafe Barl~r, husband and wig by D~ dates February 1, 2002, and about to be recorded rely priair hereto in that OtBce ofthe~ecaorder afDeads is and far Cumberland Cauutjr, Pcpasyh~aaia, ~ntad and ctmv+ey+od' unb 12svid ;~. CS~,w n~`w aixauneFsun s~~~ rand aai wire. _ . . _ _ ltitderebry- re~riaksdeda~oddeclae+attrsttidsMnrt~efsmbi~t,i•~eaaad t, toaopia?a~wt~emsearrtrl~ep~meeta[t6e ~ ~ ~ g~~~ . ThOp~lad Sis Huad~4 Fifty llakus (s~lasaoo ~art~aEe Carporatlw dated Febraa~ 1, 2002, and inlodtd is ~ ~~ and titst t6b ken sf Bald fiat z~rt~ >~ cot 6e aftseoed ~ Smpahied t~ a sale nsd~ a jwd recovered opox tiir ildert~age; but aqy aoeh sale ~ rie ~~y adtid and atAds subject to the ~ of'tl~ ~d f rst Mortgage. ii2;GAt, bF,SCRIpTTpN TO MDBTGAG~~ FBt1M DAV7A 1t4. CC.llliISE AtYD S1IttiANN STRASFNI#Q1~t:B C1.~tKE, BIpV ' TQ I~RITAt;E IMXXORTGAGE CO~ORATZflN DATED FEB~'Ally i, 7flif2, IlV THE PRINt':IPAL AMOiaN7 QF S46,'7~iuAe c~iii i~a~G~49S .._ _. ~ALL+O~O~1~I PAYN~IT RJURR THI~9 RI>}SR is att~bo4 tq wad tnada ~ pAtt oI>~ C+et1~ Deed of "rraet i~ on~ia K. a ~ln sup s~rRas~rena~ c~.~, ws~wa w~a wry to MEArT~ ilOR'irCAGE CORPOR71TrOti, AN OREr6~1 COI~ORATI01! dared FEBWIARI` Oi, 2E}DZ , in the paiocipAl emo~i a2 S 4~i.2QQ..00 Your paomttily paymgns oc t}u abwa loan ere based ~ eQ amartiaatiart ~°d ei 360 mouttu. However, your ]o~ will be pstyabk im i'ltA id ire ead 0# f80 months. As ~ result, you n+Zt have e balloon payuue-t due on FEBIl<WItY D].. E017 A badino~ pa~rmtat exists whey y~ marJthly iastallmeras of p~cipal end interest dp ndt fnTly rrdaae pcvr debt Qbdigat.~ b j- taC ~x10i ydwr Inca pcrlad. '1'ht ba]ance of tlra loan wbic~ zu unpaid when yowr loan matorps iA due is oae lump sma. his Kamp swa is lcaovra es a baAoaa pmymeat. '~ldt ~4~ n~~ ~~ .~ ~f ~ 7~8p~ j 4~b .{,. IAA~tvIBER: 1000061579 Secotldary Mortgage Loan This agreement fs subject to the provtstons o}'the Secoxdary Mortgage Loan Act. NOTE FEBRUARY 01, 2002 DILLSBURG PENNSYLVANIA rata cuy ware 4 BRACKEN COURT MBCHANICSBURG PA 17050- Prgperry Addrrrs txry Srarc TIP Coda 1. BORROWF.R'3 PRONIISE TO PAY In return for a loan that I have received, i promise to pay U.S. S 4ti , 200.00 (this atnottnt w311 be piled "principal"), Plea interest, to the order of the Lender. The Lender is MBRITAGE )lfORTOAGtt; CORPORATION, Ax ORS(aON CORPORATION . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. IIVTEREST I will pay interest at a yearly rate of 14.500 ~. Interest will be charged on unpaid principal untll the full atrtocmt of principal has beets paid. 3. PAYMENTS I will pay prittdpat and interest by making payments each month of U.S. S S6S.74 I will make ttry paytrtettts on the let day of each month beginning on IQARC6 01, 2002 , . I will tttake these payments every monUt until I have paid all of the pdnclpal and interest and any other charges, described below, that 1 may owe under this Note. If, oa FBBRtF&RY ol, 2017 I still owe amounts under this Note, I wiU pay all those atoounts, is full, on that date. ' I will make my monthly payments at 6000 SopTlpf>Z$T IttSADOttB ROAD, suiTa 500 LARB os>aPSaO, oR 97035 or at a diffetmt place if required by the Note Holder. 4. $ORROWER'3 FAILURE TO PAX AS REQUIItED (A) Late Charge for Overdue Payments If the Note Holder has ttoE received Ehe full amount of any of my monthly payments by the std of Fifteen calendar days after We date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 46 of my overdue payment, but not less than U.S. S and not tttore than U.S. S 2 ti .29 . I will pay this late charge oNy once on any late payment. (B) Default If I do trot pay the full amount of each monthly payment by fhe date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Hoida-does not require me to pay immediately In full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice from Note Holder If I am in default, the Note Holder may send me a written notice telling the that if I do not pay the overdue amount by a certain date the Note Holder may require the to pay itmmediately the full amount of principal which has not been paid and all the interest that I owe on that atnouttt. That date must be at least 30 days after the date on which tbe Mice is mailed to the or, if it is not trailed, 30 days after the dale on which it is delivered to me. (D) Payment of Note Holder's Costs and Etgtenses If cite Note Holder has required me to pay lntmediately in full as deacdbed above, the Noce Holder will have the tight to be paid back for its costa and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attot~ys' fees. PENNSYLVANIA - SECONO MORTOAOE • 1/80 • FNMAIFlILMC VNIFONM INSTRUMENT rs9~ ~ M 2 ~76A[PAI iae021 VMPMDgTGADEfWN15.laoD{571-7297 DDS-F2A ~oG. Form 38//3//~~~9 IMtWS: ~lr• / ~kr, i b '.~. ,, ~ ,, 5. TH1S NOTE SECURED BY A MORTGAGE Ia addition to the protecttona given to the Note Holder under this Note, a Mortgage, dated FE6RUARY Oi, 2002 , protects the Note Hoiden from possible losses which might result if i do not keep the protttises which I [[take ht this Note, That Mortgage describes how and under what conditions I tray be required to make lrmnediate payment in full of all atnounta that I owe under this Note. 6. BORROWER'S PAYMENTS BSP'ORE THEY ARE DUE I have the right to make payments of principal at any time before they are due. A paymatt of principal only Is known as a "prepayment." When I make a prepaymatt,l will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal Is known as a "full prepayment." A prepayment of only part of the unpaid principal 38 known as a "partial Prepayment." I may make a full prepayment or a partial Prepayment without paying any penalty. The Note Holder will use ail oP my PnPaYs to reduce the amotwt of principal that I owe under this Note. If I make a partial prcpaymau, Were will be no delays in the due dates or changes in [fie amounts of mY monthly paymwta unless the Note Holder agrees io writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note I{older may require me to make the prepayment on the satce day that one of my monthly Payments ie tine. The Note Holder may also regatta that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monhly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain tltings. Those things are; {A) to demand payment of amounts due ((mown as "Presentment"); (B) to give notice that amounts due have not beat paid (knows as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep mY promises under this Note, or who signs this Note to transfer it to someone else also waives Were rights, These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note wilt be gives by delivering it or by rnalllng It by certified mail ~idressed to me ai the Property Adtltrss above. A trotice will be delivered or mailed to me at a different addttss if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified awl! to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different dress if I am given a notice of Wat diffaeat address. 9. RESPONSIBILITY OF PERSONS UNDER TffiS NOTE If more Wan one person signs this Note, each of us is fully and personally obligated to pay We full amount owed and to keep at! of the promises made in this Note, Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Aay person who takes over mY rights or obligations under Wis Note wlll have all of my rights and must keep all of n1Y promises made in Wis Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note {as described In Section 7 above) is also obligated to keep all'of the promises made In this Note. t':r+6 (Seal) ~tilll ttu~'~Ctl+ir ,.._i ~1C~r.1~'~R,/J~ '' ~ (.`[c.}Z~-Q-- (~) /~ SUMMERANN STRASEMBUR(~l CLARKE~- -Bo„owv ( (Seep -t3ortower (Seal) -Borroav (Sign Original On1Y1 ®-76AIPAl (980x1 Pipe 2 0l x "~~ Faro 3939 DDS~P2A ~~ ~ .~~~ . p~ OCWENLoan Servicing_'`'~C ' 12650 Ingenuity Drive ` `"""""'"'""'~' ' Orlando, Florida 32826 ocweN WWVV.OCWEN.COM November 17, 2006 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515113424780 Reference Code: 0610 Summerann Strasenburgh Clarke 4 Bracken Court Mechanicsburg, PA 17050 Loan Number: 31165624 Property Address: 4 Bracken Court ,Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT Lxh ~ b~ ~ ~• c'' This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. DACT91.10 * ~ M ;. r h ~.. a ~ . . . . . . . . . . . . . . . . . . . . . : W j OCWEN Loan Servicin~`~C ~OI 12650 Ingenuity Drive "~°'°'°"'"""'' Orlando, Florida 32826 O C W E N WWW.OCWEN.COM November 17, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default- and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin¢ Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help ezplain it. You may also want to contact an attorney in vour area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJIINTO ES DE SUMA IlVIPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Summerann Strasenburgh Clarke 4 Bracken Court, Mechanicsburg, PA 17050-0000 LOAN ACCT. NO.: 31165624 ORIGINAL LENDER: MERITAGE MORTGAGE CORPORATION CURRENT LENDER/SERVICER: OCWEN DACT91.10 APPENDIX A This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWENLoan Servicing.~T'~C _ _ ~~I 12650 Ingenuity Drive i `'"'"""'"~'~ Orlando, Florida 32826 WWW.OCWEN.COM O C W E N HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE- HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CHZCUMSTANCES 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 Ac -you are entitled to a temaorarv stay of foreclosure on your mortgage for thirty (301 days from the date of this Notice During that time you must arrange and attend a "face- t_o__-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the nroaerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing 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 OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSH)ERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ~" OCWENLoan Servicing `C -- - ~O! 12650 Ingenuity Drive t Orlando, Florida 32826 WWW.OCWEN.COM ocweN HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 4 Bracken Court ,Mechanicsburg, PA 17050-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYIVIENTS for the following months and the following amounts are now past due: 4 payments in the amount of $ 565.74 from August Ol, 2006 through November 17, 2006 DETAIL SUMMARY Principal and Interest ................................. $ 2,262.96 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 707.25 Insufficient Funds Charges ........................... $ 0.00 Fees /Expenses ........................................ $ 129.68 Suspense Balance (CREDIT) ........................ $ 300.14 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,799.75 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 $2,799.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check, Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender 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 (301 DAY period, you will not be reauired to pay attorney's fees. OTHF,R LENDER REMEDIES -- 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 SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ~ OCWENLoan Servicin~r~C Oi 12650 Ingenuity Drive O C W E N Orlando, Florida 32826 WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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 Sheriffs 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 X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TAE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. { ~" OCWENLoan Servicing' '~ ~O~ 12650 Ingenuity Drive 1 €~°-"'°'""'~' OCWEN Orlando, Florida 32826 WWW.OCWEN.COM November 17, 2006 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515113424759 Reference Code: 0610 David M. Clarke 4 Bracken Court Mechanicsburg, PA 17050-0000 Loan Number: 31165624 Property Address: 4 Bracken Court ,Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. w ~ OCWEN Loan Servicing;' _~ ! ~ 12650 Ingenuity Drive `~"~'~°~"~"~"' Orlando, Florida 32826 O C W E N WWW.OCWEN.COM APPENDIX A November 17, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save vour home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name. address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have anv questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have anv questions. representatives at the Consumer Credit Counseling Agencv may be able to help explain it. You may also want to contact an attorney in vour area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA ]a1ZPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: David M. Clarke 4 Bracken Court, Mechanicsburg, PA 17050-0000 LOAN ACCT. NO.: 31165624 ORIGINAL LENDER: MERITAGE MORTGAGE CORPORATION CURRENT LENDER/SERVICER: OCWEN DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWENLoan Servicing,.,,` 12650 Ingenuity Drive `"°°°"""""'°' Orlando, Florida 32826 O C W E N W W W.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act you are entitled to a temnorarv 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 TAE NEXT (301 DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 teleahone numbers of designated consumer credit counseling agencies for the county in which the aronerty 1s 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 1M1~ZEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing 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 OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. '~ ! ~~ OCWENLoan Servicing ~' _ ~; 12650 Ingenuity Drive ~" Orlando, Florida 32826 WWW.OCWEN.COM bCWEN HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 4 Bracken Court ,Mechanicsburg, PA 17050-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 4 payments in the amount of $565.74 from August Ol, 2006 through November 17, 2006 DETAIL SUMMARY Principal and Interest ................................. $ 2,262.96 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 707.25 Insufficient Funds Charges ........................... $ 0.00 Fees /Expenses ........................................ $ 129.68 Suspense Balance (CREDIT) ........................ $ 300.14 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,799.75 HOW TO CURE THE DEFAULT -You may cure the default within THIILTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,799.75, PLU5 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Monev Gram, Cashier's Check. Certified Check or Monev Order made savable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THHZTY (30) DAY5, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE I5 FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage 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 THHtTY (30) DAY period, you will not be reauired to pav attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff s Sale. You may do so by saving the total amount then past due, plus anv late or other charges then due, reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff s_ Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWENLoan Servtctng_ ~~ 12650 Ingenuity Drtve ~ ~ ' ~~"~-~"~"`~°'~ Orlando, Florida 32826 OCWEN WWW.OCWEN.COM ___.- EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.10 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ~~ .~ VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~~~`~lU~ SHAPIIZO & KREISMAN, LLC BY: 1 ~ Il ion, Esquire Atto e for Plaintiff .s~ O '~. 0~0 t L ~ n _N ~ ~~ ~ O ~ `-- rr' L ~ ~ ~,~ ~ : ~ 1 ~') ;L"~s -1 '7'i (~ R~,j7 .~ ..t ~ C SHERIFF'S RETURN - REGULAR CTrSE rd,O: 2007-04473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL INC VS CLARKE DAVID M ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon /'+T TDTIL' TIT~TTII M the DEFENDANT at 1815:00 HOURS, on the 6th day of August 2007 at 4 BRACKEN COURT MECHANICSBURG, PA 17050 by handing to SUMMERANN STRASENBURG CLARKE (WIFE 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 Service Affidavit Surcharge F~ Y7~b ~ So Answers: 18.0 0 ~ 10.56 _ ~~ . 0 0 (' . 10.00 R. Thomas Kline .00 ,/ 38.56 08/07/2007 SHAPIRO & KREISMAN Sworn and Subscibed to B~ before me this day of A.D SHERIFF'S RETURN - REGULAR CA~`••~ N~: 2007-04473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL INC VS CLARKE DAVID M ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARKE SUMMERANN STRASENBURGH the DEFENDANT at 1815:00 HOURS, on the 6th day of August 2007 at 4 BRACKEN COURT MECHANICSBURG, PA 17050 by handing to SUMMERANNE STRASENBURG CLARKE 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 Service Affidavit Surcharge b~l?~D 7 Sworn and Subscibed to before me this of So Answers: 6 . 0 0 '~~~ .00 .00 ' 10.00 R. Thomas Kline .00 16.00 08/07/2007 SHAPIRO & KREISMAN By. day A.D. ty Sherif -.. „ SHAPIRO &KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-28119 DLJ Mortgage Capital, Inc. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY N0:07-4473 VS. David M. Clarke and Summerann Strasenburgh Clarke DEFENDANT(S) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIlZO &KREISMAN BY: a Ilana Zion, Esqu' Attorneys for Pl i iff -. DLJ Mortgage Capital, Inc. v. David M. Clarke and Summerann Strasenburgh Clarke VERIFICATION The undersigned is Foreclosure Facilitator of Ocwen Loan Servicing, LLC on behalf of DLJ Mortgage Capital, Inc. and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of DLJ Mortgage Capital, Inc. Date: August 13, 2007 N e: Jessica Dybas Tit e: US Foreclosure Facilitator Company: DLJ Mortgage Capital, Inc. Loan: 31165624 07-28119 r,a .--~ ~ ~ ++.5 ~~ °`P ^~-i ~~ ^_"_ ..-L -~ - ~ ^ a - ` j S •--~- - l . ,. ~ ('~ . ~~ ~~ ~d ~-• SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-28119 DLJ Mortgage Capital, Inc. PLAINTIFF VS. David M. Clarke and Summerann Strasenburgh Clarke DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4473 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC .~----, BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff DATED: ( b .-^ CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, hereby certify that on I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: David M. Clarke, 4 Bracken Court, Mechanicsburg, PA 17050 and Summerann Strasenburgh Clarke, 4 Bracken Court, Mechanicsburg, PA 17050 SHAPIRO & DENARDO, LLC ~~~ BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff C -~ ~; t_ ~ ~. ~ Q ~' ~ ~ =r ~.,, ~ ~-~ ~~ --~ W