Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-5592
MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES E. LUTA AND TAMMY I. LUTA 16 Poplar Street Wormleysburg, PA 17043 Defendants 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. CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFOPMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 1LEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. #21574-CS CFC Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No: C)l- 569A CiVit Term Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas, en las paginas siguientes, usted tiene veinte (20) dias de piazo at partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con.todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBERLAND CUUN"l'Y 13AKASSU(aA110N 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. ' HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 THE BANK OF NEW YORK TRUST : COURT OF COMMON PLEAS COMPANY, N.A. AS SUCCESSOR : CUMBERLAND COUNTY TRUSTEE TO JPMORGAN CHASE BANK, : NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 Case No: O1- -5YfZ 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff . VS. JAMES E. LUTA AND TAMMY I. LUTA 16 Poplar Street Wormleysburg, PA 17043 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2,. a bank organized and existing federal state law, with offices for the conduct of business at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, James E. Luta and Tammy I.'Luta are the mortgagors and real owners of premises 16 Poplar Street, Wormleysburg, PA 17043, hereinafter described, whose last known address,is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Wilmington Finance, a division of AIG Federal Savings Bank on December 14, 2004, which mortgage was recorded on December 29, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1892, Page 4103, secured on premises 16 Poplar Street, Wormleysburg, PA 17043 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 01, 2007 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $134,721.74 Interest from 5/2/2007to 9/21/2007 At $27.22 per diem $ 3,892.46 Accrued late charges to 9/21/2007 $ 518.19 Corporate Advances $ 301.00 Attorney's fee (5% of unpaid Principal Balance) $ 6,736.09 Title Information Certificate $ 515.00 NSF Fees $ 20.00 TOTAL $146,704.48 9. The attorney's fees set forth above.are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $146,704.48, plus per diem interest at $27.22 from September 22, 2007 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff, 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. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. LEGAL DESCRWTION ALL THAT CERTAIN tact or parcel of laud and premises situate, lying and.being in the Borough, of Woamleysburg, in the County of Cumberland and Commonwealth of Penn"Mmia, more partimlarly desml)ed a follows: BEGINNING at a point on the northern line of Poplar Strad a distance of sixty-eight mid five tenths (68.5) ft et east of the northeast corner of SecoW and Poplar Street; thence is an easterly direction along, the northem lines of Poplar Street a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a nortli'ly direction along Pine Alley, a distance of fifty-eight (58) fbv4 thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; thence in a southmly direction a distance of fifty-eight (58) feet to the place of BEGINNING. HAViG THEREON erected a two and one-half story dwdiing house known and numbered as 16 Poplar Street, Wormleysburg, Pewsylvania. BEING the same premium which D'Angelo Remly Group, inc., by Deed dated 071301'96 and recorded 08105196 in Cumberland County Record Book 143, Page 401, granted nod conveyed unto James E. Luta and Tammy i Luta, husband and wife, in fee. Pared No:' 47-20-1858-181 'E' K ?\ ?? VV A . W Wilshire- May 03, 2007 L17SE LUTA, JAMES E 16 POPLAR ST WORMLEYSBURG, PA 17043 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM- FORECLOSURE Phone 888.917.1052 fax 503.952.7476 Web Site www.wee.mtoorn The HOMEOWNER'S MORTGAGE A I IMCE eBQGRAM (HEM .) IM&y be able to help to save yQur home. This Notice explains how the prggrnm works To see if HEMAP can help. You Must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with the Counseling Agency. The name address and ph}e number of Consumer Credit Counseling Agencies serving y ur County are listed at the end of this Notice. If you have any questions. you may call the Pennsy ni Holgingliamm goc toll-free at 1.800.342.2397. (Persons with impaired hearint; can_call 717.780.1869.1 This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACON OBTENGA UNA TRADUCCIbN INEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PR$STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION.ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE htipJ/www.agostate.co.us/crAdcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3340. TBNNENEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. WilshiWs office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L/ 78E Wilshire Credit Corporation Paymenis P.O. Box 7195, Pasadena, CA 91109-7195 Correspond"" P.O. Box 6517, Portland, OR 97207-8517 fix. Imo, o, t-\= LUTA, JAMES E Loan No.:670482 Page 2 May 03, 2007 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME : LUTA, JAMES E PROPERTY ADDRESS 16 POPLAR ST WORMLEYSBURG, PA 170431357 LOAN ACCT. NO. : 670482 ORIGINAL LENDER : WILMINGTON FINANCE CURRENT SERVICER : Wilshire Credit Corporation 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 HQMEOWNEWS FMFRGENCY MORTGAGE ASSISTANCE ACT OF,M(THE "t1CT") 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 FORECLOSUM - 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. PART OFT IS NQII!QE CALLED "HQW TO C TO BRING YOUR MORTGAGE UP TO DATE. IRE CONSUMER CREDIT COUNSEL.Cr1G AGENCIES - 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 designjW genjumer credk counseling agencies for the county in which the prosy is Inca 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. (Contimete YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE httpJAvww.agostate.co.uskeddeademain.cfm. NEW YORK CITY: License 103255). NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday • Friday 6:00 on to 5:00 pm Pacific time, holidays excluded. L178E LUTA, JAMES E Loan No.:670482 Page 3 May 03, 2007 APPLICATION FOR MORTCAfiE 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 they receive 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 W 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.) NATURE OF THE D1ErF - The MORTGAGE debt held by the above lender on your property located at: 16 POPLAR ST WORMLEYSBURG, PA 1 7043 1 3 5 7 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency 53,707.04 Late Charges $518.19 Other Charges $84.04 Suspense Amount -$1,164.32 TOTAL $3,144.95 HOW T CURE THE D FA M - 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 $3,144.95 PLUS {Continuso YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR WEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http:/tw-A v.ago.stme.co.us/caWcadcmain.cfm. NEW YORK CITY: License 1032331. NORTH CAROLINA: Permit 3a40. TENNESSEt;: This collection agency Is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14$23 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E LUTA, JAMES E Loan No.:670482 Page 4 May 03, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified;j ck or Mg= Quiler made My-able and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, deader intends to exercise it's rights to acceltr._te the mMl i? i This means that the entire outstanding balance of the 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 it's attorneys to start legal action tofgreckm upon Your mortgaged Q rtv. IF THE MORTC=AC='tr IS FORECLncED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's 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 actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von core the default within the THIRTY jM DAY period. IN wilt not be MM fired toto Iffir Attorney's fees. OTHER LENDER EMFDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. K"3131 1 y l.uNl(Jh: 1111 LUAAUU PRIOR TQ SHERIFF'S SALT, - 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 an time uo to one hour fare the Sheriffs cAle you may do so by Rgying the -r --_..?-- - - -- ¦- - and by performing any other requirements under the mortal` Caring your default to the mangier set forth to this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIALF, SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. 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 action wiI I be by contacting the lender. HOW TO CONTACT THE UNDER: Name of Lender : Wilshire Credit Corporation Address Payments: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517, Portland, OR 97207-8517 Phone Toll-Free: 888.917.1052 Fax Number 503.952.7476 (Continwt!) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE httpJ/www.ago.state.w.us/caddcadcfnWn.erm. NEW YORK CITV: License 1032351. NORTH CAROLINA: Permit 3840. TENNESSEE: This colWion agency is licensed by the Collection Service Board or the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. W ilshire's office hours arc Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E LUTA, JAMES E Loan No.:670482 Page 5 May 03, 2007 Contact : Loan Servicing -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. AS_ SUJIMON 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 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 THE MORTGAGE 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 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. ATTACHED IS THE CONSUMER CREDIT COUNSELING ACEIVCI S SERVING YOUg COUNTY If you have any questions, please contact us at our toll-free number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http:/hvww.ago.state.co.usleaddcadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshim's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L/ 78E Wilshire- May 03, 2007 Payment P.O. Box 7195, Pasadena, CA 91109.7195 Correspondence P.O. Box 8517, Portland, OR 97207-0517 Phone 888:917.1052 LUTA, TAMMY 1 16 POPLAR ST WORMLEYSBURG, PA L1 78E 170431357 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM Fax 503.952.7476 Web site www.wcc.mltxxn FORECLOSURE This is an official notice that the mortgage on your home is in default. And the lender intends to fomplose Specific information about the naturgoMe default is provided in the attached gages The HOMEOWNER'S MORT .arEAS.S ISTANCF pROGR AM (HEMAP) may be able to help to save Xgurr home. This Notice explains how the program works . WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you w_helLvou meet =the ounseling Agcy, the end of this Notice. If you have any questions. M may call the Pennsylvania H toll-free at 1$00 342 239T (Persons with impaired hearing can jA ll 717,780,1 S( ) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACON OBTENGA UNA TRADUCC16N INtDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Continuso YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hilp://www.ago.state.co.ustcadc/cedcnmdn.cfin. NI:W YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L17SE Wilshire Credit Corporation LUTA, TAMMY 1 Loan No.:670482 Page 2 May 03, 2007 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME : LUTA, JAMES E PROPERTY ADDRESS 16 POPLAR ST WORMLEYSBURG, PA 170431357 LOAN ACCT. NO. 670482 ORIGINAL LENDER : WILMINGTON FINANCE CURRENT SERVICER : Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ASSISTANCE ACT F !M(THE_'. 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 FO1E[_1,0S tRE - 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. PART OF THIS NOTICE ?tALLED "HOW TO C TO BRING YOUR MORTGAGE UP TO DATE, VIM CONSUMER CREDIT COUNSEt.UVG AGENCIES - 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 desilm_ cd consumer credit counseling asrcnciub wr ins Courtly in wnton tDe pro- - ted am 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. (Contkttm4 YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.usleaddcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNEWEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton. OR. Wilshire's once hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. Ll78E LUTA, TAMMY I Loan No.:670482 Page 3 May 03, 2007 APPLIQTION 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 MST 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 they receive 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 16 POPLAR ST WORMLEYSBURG, PA 1 7043 1 3 5 7 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $3,707.04 Late Charges $518.19 Other Charges $84.04 Suspense Amount -$1,164.32 TOTAL $3,144.95 HOW TO CURE E 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 1S $3,144.95 PLUS (Cominueo YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT. SEE htlp://www.ago.statc,co.usteadc/cad=Wmcfm. NEW YORK CITY: License 1032351. NORTH CAROLINA: Permit 380. TENNESSEE: This collection apncy is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 on to 5:00 pm Pacific time, holidays excluded. L1 78E . . 1 LUTA, TAMMY I Loan No.:670482 Page 4 May 03, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or mottgy order made pAyable and sent to Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT URT THE DEFAIA - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to 2ecelerme the mrrto= debt. This means that the entire outstanding balance of the 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 it's attorneys to start legal action toforeclose upon your mortgaged 11rogwrty. 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 it's attorneys, but you cure the delinquency before the fender 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 actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. K you cure the defanlt wit :n the THIRTY ja DAY period. You will not rAquired i to gy 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 CURSE. THE DEFAULT PRIOR TO SHERIFF'S ALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, u still have the right to cure the defaull ,ind 122gveot the sale at any time ult to-one hour before the Sheriffs Sgt You may do so by Ming the and bypgrfoming my other requirements under the mortg g2 Curing your default In the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DAT . - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. 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 action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender : Wilshire Credit Corporation Address ftyments: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517, Portland, OR 97207-8517 Phone Toll-Free: 888.917.1052 Fax Number 503.952.7476 (ContinueM YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.RP.Wtc.co.uwtaddcadcmain.cfn. NEW YORK CITY: License 1032331. NORTH CAROLINA: Pernik 384& TENNESSEL: This collection agency is licensed by the Collection Service Board or the Department of Commerce end insurance. Wilshire Credit Corporation is licensed to do business at 14323 S.W. Milliken Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time. holidays excluded. L/ 78E . . . t LUTA, TAMMY I Loan No.:670482 Page 5 May 03, 2007 Contact : Loan Servicing EFFECT OF SHERIFF-S 6 ALE - 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 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 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 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 THE MORTGAGE 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 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. ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SFRV G yoU CQUNTy If you have any questions, please contact us at our toll-free number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hitpJ/www.no.stme.eo.us/cadchademaia.cbn. NEW YORK CITY: License 1032531. NORTH CAROLINA: Permit 3640. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corpcuation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 on to 5:00 pm Pacific time, holidays excluded. L178E C7 +v IK - '. nS p p 0 ? SLi ( i © r b 72, l M? « _ v ._. c orn 1 I James E. Luta and Tammy I. Luta 16 Poplar Street Wormleysburg, PA 17043 Defendants Vs. The Bank of New York Trust Company, N.A. As Successor Trustee To JP Morgan Chase Bank National Association As Original Trustee For The MLMI Surf Trust Series 2005-BC2 14523 SW MilliKan Way, Suite 200 Beavertown, OR 97005 Martha E Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. # 52634 Court of Common Pleas Cumberland County : Case No: ai 7 - Plaintiff ?" "Q,t?Sr-?FsR /? Civil Action - Mortgage Foreclosure 1. Defendants, James E. Luta and Tammy I. Luta are the mortgagors and real owners of premises 16 Poplar Street, Wormleysburg, PA 17043, hereinafter described, whose last known address is listed in the caption. 2. Plaintiff is The Bank of New York Trust Company, N.A. as successor Trustee to JP Morgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2, a bank organized and existing federal state law, with offices for the conduct of business as 14523 SW Millikan Way, Suite 200, Beavertown, OR 97005. 3. Original mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Wilmington Finance, a division of AIG Federal Savings Bank on December 14, 2004, which mortgage was recorded on December 29, 2004 in the Office of Recorder of Deeds of Cumberland County in Mortgage Book 1892, Page 4103, secured on premises 16 Poplar Street, Wormleysburg, PA 17043 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. The Defendants agree that mortgage is in default as described in Plaintiff suit sub- section 6, 7, and 8. 9. Defendants, mortgagors and real owners, encountered numerous hardships which set them into the foreclosure status. 10. Defendants, mortgagors and real owners, have retained the services of Fresh Start Mortgage Assistance Solutions, LLC, P.O. Box 21648, Tampa, FL 33622 on September 20t`, 2007. Contact information is as follows: Sonya Sheppard Phone: 866-431-9001 extension 262 Fax: 727-431-0996. 11. The above named Mortgage Assistance firm has initiated proceedings to resolve delinquency through an agreement between both Defendants and Plaintiff. 12. Delinquency of said mortgage was the result of Tammy I. Luta losing employment in August of 2005, James E. Luta hospitalized for stress related heart issues in October 2005 causing him to demote from Utility Plant Supervisor to Utility Plant Operator giving a wage decrease of eight (8) percent. James E. Luta has been a Commonwealth Employee for thirteen (13) years without any breaks in service. 13. Defendants have a child of eight (8) years of age, who was born with a cleft lip and palate. This throughout 2006 to present time required numerous medical attentions starting with a bone graph and orthodontic treatment. This required more parental involvement so Tammy I. Luta remained unemployed in order to assist at home. 14. At this time James. E. Luta has regained his income stability through contract raises and Tammy I. Luta is currently trying to obtain employment. 15. Defendants wish to remain at their residence of 16 Poplar Street, Wormleysburg, PA 17043and are working with the Mortgage Assistance firm and Plaintiff in order to re-instate said mortgage and cure all defaults. ?? LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described a follows: BEGINNING at a point on the northern line of Poplar Street a distance of sixty-eight and five tenths (68.5) feet east of the northeast comer of Second and Poplar Street; thence in an easterly direction along the northern line of Poplar Street a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58) feet; thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; thence in a southerly direction a distance of fifty-eight (58) feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story dwelling house known and numbered as 16 Poplar Street, Wormleysburg, Pennsylvania. BEING the same premises which D'Angelo Realty Group, Inc., by Deed dated 07/30/96 and recorded 08/05/96 in Cumberland County Record Book 143, page 901, granted and conveyed unto James E. Luta and Tammy I Luta, husband and wife, in fee. Parcel No: 47-20-1858-181 Exhibit I C 7 r-41 / C:D R;Tw ? r"? 0 C P l C-) itt lr r P `r? Jt h SHERIFF'S RETURN - REGULAR CASE NO: 2007-05592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS LUTA JAMES E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TJTTA TAMRq R the DEFENDANT , at 1910:00 HOURS, on the 26th day of September, 2007 at 16 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to JAMES LUTA HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit D Surcharge 10I04 010 Sworn and Subscibed to before me this of 18.00 14.40 .00 10.00 .00 42.40 So Answers: R. Thomas Kline 09/27/2007 MARTHA V(ITTl?(ICENSTIEL By. day A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05592 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS LUTA JAMES E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUTA TAMMY I the DEFENDANT , at 1910:00 HOURS, on the 26th day of September, 2007 at 16 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to JAMES LUTZ, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit I Surcharge ?v foylo7 100 Sworn and Subscibed to before me this of So Answers: 6.00 `?1,,= s f f .00 .00 10.00 R. Thomas Kline .00 16.00 09/27/2007 MARTHA VONROSENSTTRT, By. day A. D. U.10 Martha E. Von Rosenstiel, P.C. Keri P. Claeys, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D# 91298 Attorney for Plaintiff The Bank of New York Trust Company, N.A. : Court Of Common Pleas as successor Trustee to JPMorgan Chase Bank, : Cumberland County National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2 Plaintiff : Case No: 07-5592 Civil Term VS. James E. Luta and Tammy I. Luta Defendant CERTIFICATION OF SERVICE Keri P. Claeys, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Plaintiff s Reply to New Matter in the above matter was made upon the following: James E. Luta and Tammy I. Luta 16 Popular Street Wormleysburg, PA 17043 by regular first class mail, postage prepaid, deposited with the United States Postal Service on November 12, 2007. This verification is made subject to the penalties of 1 Pa. unswom falsification to authorities. -' i §4904 relating to r Martha E. Von Rosen Attorney for Plaintiff 649 South Avenue Secane, PA 19018 610 328-2887 Attorney ID# 91298 P.C. Dated: I I&? d --)- Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Keri P. Claeys, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D# 91298 The Bank of New York Trust Company, N.A. : Court Of Common Pleas as successor Trustee to JPMorgan Chase Bank, : Cumberland County National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2 Plaintiff : Case No: 07-5592 Civil Term VS. James E. Luta and Tammy I. Luta Defendant PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF. Trust Series 2005-BC2 by and through its attorney Keri P. Claeys, Esquire hereby responds to Defendants' New Matter to Plaintiff's Complaint in Mortgage Foreclosure and in support thereof, avers the following: The Plaintiff hereby incorporates by reference numbers one (1) through ten (10) of its Complaint in Mortgage Foreclosure as if set forth herein. 11-15. Denied. By the way of further response, the Plaintiff is without sufficient information as to the truth of the averments of paragraphs eleven (11) through fifteen (15). Additionally, the averments of paragraphs eleven (11) through fifteen (15) are not defenses to the instant mortgage foreclosure action or the default on said mortgage. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be dismissed and that judgment be entered in favor of the Plaintiff and against the Defendants for foreclosure and sale of mortgaged premi ?ffa s, Es uire . Von Rosenstiel, P.C. Attorney for Plaintiff 649 South Avenue Secane, PA 19018 610 328-2887 Attorney ID# 91298 Date: VERIFICATION I, Keri P. Claeys, Esquire, hereby states that she is the attorney for the Plaintiff and that is authorized to take this Verification and that the averments in the foregoing Reply to New Matter and the undersigned understands that this statement herein is made subject to the penalties of 18 Pa. 4904 relating to u Date: N_ P n Ln c) rn C.J © n Keri P. Claeys, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #91298 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 PLAINTIFF VS. JAMES E. LUTA AND TAMMY I. LUTA DEFENDANT Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-5592 Civil Term PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005- BC2 by and through its attorneys, Martha E. Von Rosenstiel, P.C., hereby requests that Your Honorable Court enter an Order granting its Motion for Summary Judgment, and, in support thereof, avers the following: 1. The Defendants, James E. Luta and Tammy I. Luta, made, executed and delivered a mortgage upon the premises located at 16 Poplar Street, Wormleysburg, PA 17043 (hereinafter "Subject Premises") to Wilmington Finance, a division of AIG Federal Savings Bank on December 14, 2004 which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1892, Page 4103. A true and correct copy of the mortgage and note are attached hereto, made part hereof and marked as Exhibit A and B, respectively. 2. Defendant's mortgage was assigned to the Plaintiff, which written assignment is being executed and sent for recording. 3. For the Defendant's failure to make monthly mortgage payments due June 01, 2007 and each month thereafter, the Plaintiff commenced this action by filing a Complaint in Mortgage Foreclosure on or about September 24, 2007, a true and correct copy of which is attached hereto and made a part hereof as Exhibit C. 4. On or about October 10, 2007, Defendant filed an Answer and New Matter consisting primarily of general denials, a true and correct copy of which is attached hereto and made a part hereof as Exhibit D. 5. Defendant's Answer merely contains general denials, conclusions of law and allegations that does not constitute a defense to the mortgage foreclosure action. Additionally, Defendants' Answer fails to affirmatively allege what facts are in dispute with specific allegations and/or documentary substantiation of claimed facts, contrary to law. 6. Within Defendants' Answer in paragraph five (5) of their Answer, the Defendants agree that they are in default on said mortgage. 7. On or about November 12, 2007, the Plaintiff filed its Reply to New Matter. A true and correct copy is attached hereto, made part hereof and marked as Exhibit E. 8. Attached hereto and made a part hereof as Exhibit F, is a true and correct copy of the Affidavit of Josh Lade, a representative of Wilshire Credit Corporation, the mortgage- servicing agent for the Plaintiff, which indicates that the Defendants' mortgage loan is in default for not making monthly mortgage payments due June 01, 2007 and each month thereafter, making this account over seven (7) months delinquent. 9. The Affidavit of Josh Lade indicates, after a review of the loan history, that the sum of $142,777.20 is due and owing from the Defendants. A true and correct copy of the payment history for Defendant's mortgage loan is attached hereto, made part hereof and marked as Exhibit G. 10. As there are no material issues of disputed fact, summary judgment is proper. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter judgment in rem in favor of Plaintiff and against Defendants for the foreclosure and sale of the mortgaged premises. Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #91298 Date: I a h ?a t ? cv -7 oygz ND CERTIFIED TRUE 6 CORRECT COPY OF THE ORIGINAL Prepared $y: Return To: Wilmington Finance, a division of AIG Federal Wilmington Finance, div. of AIG FSB . Savings Bank P 401 Plrn Meeting, iSuite 6400 2 401 Plymouth Road, Sulte 400 1y?puth-PA 19462 8'7.9634968 Plymouth Meeting. PA 19462 Parcel Number: 47201858181 [Space Above This Lice For Recording Data MORTGAGE LOAN NO.: A04112894 DERNMONS Wards 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 ndes regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated DECEMBER 14, 2004 , together with all hiders to this document. (B) "Borrower" is JAMES E. LUTA AND TAMMY 1. LWA. HUSBAND AND WIFE Borrower is the montgWor under this security Itlstrument. (C) "Lender" 1s Wilmington Finance, a division of AIG Federal Savings Bank Lender Is a FEDERAL SAVINGS BANK organized and existing under the laws of UNITED STATES OF AMERICA FENNSYLVANIA - Single Family - Fannb MaWreddia Mac UN1FUM INVRUMBff Fb g VMRB(PA) moon) pop I of 1e LDdXR SUPPORT SYSTEM. M 0004 1+ EXHIBIT _ -N-" I eAder's address Is 401 Plymouth Road, Suite 400, Plymouth Meethug, PA 19462 Lender is the mortgagee under this Security Instri nent. (D) "Note" means the promissory note shed by Borrower and dated DECEMBER 14, 2004 . The Note states that Borrower owes Linda ONE HUNDRED THIRTY SEVEN THOUSAND SEVEN HUNDRED AND N01100 X X X X X X X X Dollars N.S. $137,7W.W } puss interest. Borrower bas promised to pay this debt In regalm Periodic Payments and to pay the debt in full not later don JANUARY 01, 2035 (E) "Property" means the property that -is described. below under the heading "Transfer of Rights in the Property." (F) "Loan" meats the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Irstrvrrhent. plus Interest. (G) "Riders" mans 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 Q 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider [] Biweekly Payment Rider Balloon Rider Q Rate Improvement Rides Second Home Rider Q Other(s) [specify] (K) "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 an applicable Hurl, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and otber charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (7) "Electronic Funds Transfer" means any transfer of fiords, other than a transaction originated by check, draft, or similar paper instrurnent, which is initiated through an electratic terminal, telephonic instrument, computer, or magnetic tape so as to order, Instruct. or authorize. a 8mancial institution to debit or credit am 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) Mscrow Items" means those items that are described In Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement. award of damages, or proceeds laid by any third party (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; (W) conveyance in lieu of condemnation; or (iv) misrepresentations of, or om3sstans as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insane protecting Lender against the nonpayment of, or default on, the Loam. VMP.O(PA) (tee) Pinp 2 of is tre Form 30 1101 (N) "Periodic Payment" means the regularly scheduled amount due for () principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Sections 2601, d 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 a successor legislation or regulation that governs the same subject matter. 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 9 the Loam does not qualify as a "federally related mortgage loam" under RFSPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Bormwer's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Severity histrrunent secures to Lender: 0) the repayment of the Loan, and all renewals, Wdensions and modifications of the Note; and (ti) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and oamvey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction.): SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of WORAEYSBURG ("Property Address"): ICity.) , Pemnylvluda Istrieetl 17043 [Zip Code] TOGETHER, WrM all _the improvements now or hereafter erected on the property. and atl easements, appurtenances, and fixtures now or hereafter a part of the property. All replacemeab and additions shall also be covered by this Security Instrument. Ali of the foregoing is refaced to in this Security Instrwrent as the "Property " VM PRB(PA) {aooel Pay. 3 of is F,xrn 30 0 16 POPULAR STREET 0 0 BORROWER COVENANTS dot Borrower Is lawfully seised of the estate hereby conveyed and has the right to mw age, grant and convey the Property and that the Property is unmammbered, except for erne - . "A roes of record. Borrower warrants and will defend generally the title to the Property aping all claims and demands, subject to any enam raDees 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 UNIFORM COVENANTS. Borrower and Lender oovenam 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 evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fimds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument small be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check. bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender In accordance with the notice provisions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan cur Tent. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender Is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay Interest on unapplied fiends. Lender may hold such umhpplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shag 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 fixture 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 Seddon 2, all payments accepted and applied by Lewder shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late.charges, second to any other amounts due under this Security Instnmknt, 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 sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be VMP-O(PlA) mm P"P 4 of 18 Form 30 1101 paid in full. To the exd nt that any excess exists after the payment is applied to the full paymlent of one or sows 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 P due under the Note shall not erdend or postpone the due date, or change the amount, of (tie 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 ground rents on the Properly, if any: (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lien 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 Association Dues. Fees, and Assessments, if any, be esawieed 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 (he Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Leader requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 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) stui$dent to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the matdmmn amount a lender 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 Fw b shall be held in an institution * whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an Institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow liens 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 (he Funds and Applicable Law permits Lender to make,suelr a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however. that interest VMRn(M) (once) NP s of 16 Faro 30 /0 0 . 0 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 fiords in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage to accordance with RESPA, but in no more dun 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 accordarxx with RESPA, but In no more than 12 monthly payments. Upon payment in full of all sums secured by thisSecurity Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charms Liens. Borrower shall pay all taxes, assessments, doges. fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or grand 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 manna provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which In Lender's 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 lien an agreement satisfactory to Lerner subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Leader 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 tape one or more of the actions set forth above In this Section 4. Vender may require Bormwer to pay a one-time charge for a real estate tax veriflcatibn and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods. far which Lender requires insurance. This h m rance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's deice, 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 time 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 zone determination resulting from an objection by Borrower. ??? 1 6 d is Form 30414 VMRB(PA) toooW P'e° 0- K Bonvwer 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.llreretbre, such coverage shaft cover' Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Prop", 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, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lem 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 cer0cates. If Lender requires, Borrower shall promptly give to Lender 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 insruance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insruance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken prosy. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower arty interest or earnings on such proceeds. Fees for public adjusters, or other third parties, 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 proceeds shall be applied to the surns secured by this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. 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 d Borrower) under all insurance policies covering the Property, insofar as such rights are applicable 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. VM"^) pooep Pays 7 of Is Form 30 101 0 0 6. occupancy. Borrower shall occupy, establish, and use the he" as Borrower's pdndpd residence within 60 days after the ezecutlon of this Security Instrument and shall eontimte to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing. which consent shall net be unreasonably withheld. or unless e7denuating csrc un stances exist which are beyond Borrower's control.- 7. Preservation, Maintenance and Protection of the Property; Inspedions. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or ? commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall promptly repair die Property if damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property; Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a singe payment or in a series of progress payments as the work is completed. ff the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its aged may make reasonable entries upon and inspections of the • Property. if it has reasonable cause, Lender may Inspect the interior of the improvements on the Property. Leander shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. S. 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 stateum& 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 duvenantss and agreeaents contained in this Security Instrument, (b) there is a legal proceeding that might signWiam4y affect Lender's interest in the Property and/or rights under this Security IrWrmnent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a Hen which may attain priority over this Security ItWmmnent 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 pro" and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are-not limped to: (a) paying any sums secured by alien which has priority over this Security Ir>st wnemt; (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 Properly includes, but is not limited' to, entering the Property to make repairs, change loc its, replace or board up doors and windows, -drain water from pipes, eliminate building or other code violadous or dangerous conditions, and have utW6es turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all actions authorized under this Section 9. VMP4(PA) pwq pope of 16 Forth 30 /0 0 0 Any at>m arts disbursed by Lender under this Section 9 shalt become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at die 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 mak1ing the law, Borrower shall pay the premiums required to maintain the l?lortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the wortgage insurer that previously provided such insurance and Borrower was required to make separately desig-oa?ted 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 cos( to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,. use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Stich loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid In full. -and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage 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 Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-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 hmtres evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreemets are on teams 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 ts, Lender, airy purchaser of the Note, another insurer. any reirstuer, any other entity, or any rliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such 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 arrangement is often termed "captive reinsurance.* Further: (a) Any such agreements will not affed 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. rairc VTO(pA) tppp? P "P 9 or is Forth 303 10i 0 0 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage 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 y, if the restoration or repair is economically feasible and Lender's security is not lessened. the Propert During such repair and restoration period, Lender shall -have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to bender's satisfaction, prove ed that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applled 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 tatting, 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 loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the pal 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 Bowe fail st s to (as respond to Lender within 30 sentence) offers after to date the notice Is given, Lender for authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the 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 dare such a default and. if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be VMRB(PA) W M P"P low 16 Eclat 3 110 0 0 dismissed with a rdthat, in Lender's judgment. predwdes fotfelta m of the Property or other mateiW impairment of Leader 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 bender. 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 tted b?? Lender' to Borrower or any Successor in Interest of Borrower shall not operate to release the ty of rrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend then for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-sipers; 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 tlue 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 ttre teems 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 rm n ment or the Note without the co-signer's consent. Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes Borrower's obli tions under this Security Instrument in writing. and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security Instrument. Borrower shat( 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 Len . 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 rWa under ft 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 fusty interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, than: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partla! prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to VMP G(PA)10 M page 11 of 16 FWM 30 /o 0 0 have been given to Borrower when mailed by first class mall or when achraUy delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall od?titttte ndNice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall Address PM*y notify Lender of Borrower's change of address. If Lender specifies a procedure for repor ft Borrower s change of address, then Bwrower shall only report a chart 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 first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security It shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to airy 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 agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mead and include corresponding neuter words or words of the feminine gender; (b) words In the singular shall meats and 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 of the Property or a Beneficial Interest in Borrower. As used in this Section III, "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, contras 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 par( 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 Innmediate payment in full of all sums secured by this Security. Instrument. However, this option shaft not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exercises this option, Lender shaft give Borrower notice of acceleration. The notice shall provide a period of not less than 3o days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security In Or u ent. If Borrower fails to pay these surfs 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 condition, 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 sane contained in this Security instrument; (b) such other period as Applicable L,amight specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or VM"P'A) loooet P"P 12 or 16 Form 30 110 0 0 agreeauerhts: (c) pays all awises incurred in enforcing this Security Instrument, Including. but not llndied to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protcetuug Lender's interest in the Property and rights under this Security Imtrument; 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 sung 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 Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Griawaace. The Note or a partial interest in the Note (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 thhe entity (known as the "Loan Servicer) that collects Periodic Payments due under the Note and this Security Insttrurnent 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 Servicce, 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 p Neither Borrower nor Lender may commence, join, or be joined any r 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 must elapse before certain action can be taken. that time 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 hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, twdc pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an "Fihvironmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. VM"(PA) = = pap 13 of is Form 303 1101 0 . .0 Borrower shall not cause or peradt the ce, use, disposal, st , or release of my Hazardous Substances, or threaten to release any Hazardouus Substances, on or in then. Borrower shall not do, nor allow mane else to do, anything affecting the Property (a) that Is In violation of any metal 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 gextetall recognized to be appro priate 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 to party involving the p'ibis and any Hazardous Substance or Environmental Law of which =Ir riot actual knowl edgem (b) any Environmental Condition, including but not limited to, 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 any governmental or regulatory authority, or any private party, that an removal or other remedialion o 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 on Lender for an Environmental Cleans .. 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 Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and.(d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified. Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lander 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 Imtr inue nt and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay arty recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third parry 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 sherill s We or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security lnstrnment is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortggaaggee 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable aieer a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. VMRe(PA) (0008} F*W 14 of 16 poem 303 1101 0 0 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covowits contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. {witnesses: Seal li } A _ 7 MY 1. _Borrower rSeaQ (Sean -Barrows Borrower ?LSPat) Sean Borrower Borrower lSean (Sean -Borrower Borrower VMP 3(FA), 111 PA.,sar,s Form 3039 trot Certificate of Residence I, the coned address of the widb-named Mortgagee is 401 Plymouth Roast, Suite 400, Plymouth Meeting, PA 19462 Witness my hand this day of do hereby certify that &.,Pl ly 00 / ' Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County sr. On this, the / 41 day of e-- . vZ b 4r y . before me, the undersigned officer, personally appeared JAMES E LUTA, TAMMY 1. LUTA known to me (or satisfadorlly proven) to be the person(s) whose name(s) is/am =Waibed to the within ittsttvment and acknowledged that WsWthey executed the same for the purposes herein contained. IN VXIW S WHEREOF, I hereunto set my had and official seal. My Commission Expires: ---_: ,101L Died, Notary pdac My Cartvr?sionrwp?Y 1-7 Eyes Feb. 5, 2008 "Psnnsylv8nis qs ?dstlpn of Noted" VM P-S(PA) rooaeq pep is of 16 Form 30 I1 n COMMITMENT ' SCHEDULE C File Number: 04-1436KS ALL THAT CERTAIN tract or parcel of land and premises situate, lying and.being in the Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described a follows: BEGINNING at a point on the northern line of Poplar Street a distance of sixty-eight and five tenths (68.5) feet east of the northeast corner of Second and Poplar Street; thence in an easterly direction along the northern line of Poplar Street a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58) feet; thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; thence in a southerly direction a distance of fifty-eight (58) feet to the place of BEGINNING. HAVIG THEREON erected a two and one-half story dwelling house known and numbered as 16 Poplar Street, Wormleysburg, Pennsylvania. BEING the same premises which D'Angelo Realy Group, Inc., by Deed dated 07/30/96 and recorded 08/05/96 in Cumberland County Record Book 143, Page 901, granted and conveyed unto James E. Luta and Tammy 1 Luta, husband and wife, in fee. Parcel No: 47-20-1838-181 Accuracy of acreage content and/or square footage not guaranteed. BM'FREPAYM9tT FWMt TO NOTE' ATTAK HEFEM AND MADEA FART HEFBDF. 6 . ADJUSTABLE RATE NOTE LOAN NO.:.A04112aa4 (LIBOR Six-Month. Index (As Published In Do Nh# &rvvtJom=d) - Rate Caps) THIS NOTE CONTAINS PIKMSIONS ALLOWING FOR CHANGES IN MY I 84WT RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY iNTERI$T (PATE CAN CHANGE AT ANY ONE TIMEAND THE MAXIMUM RATE I MUST PAY. DECEWM 114, 2004 [?91 1S4M1 18 PORKMSTRWr, V40WLe(8=%k FA 17043 Phapaly AMMM 1. BORROWER'S PROMISE TO PAY b ru3nrn for a loan the l have raoeival, I pr0atbe to pay U.S. i 137,700.00 (tbb =No is called Tdndpal'), piss hits". In 6e order of I ceder. Leader is Vaaaac8lon Fecacoa, s a10 of Ate R daat Sara 9 Bm* I will mob all prym b usAw tab Now to the form of cash, cbedl or money order. I mdera, that Leader my' --ft r ddsNote. header or anyone who Wm this Note by trader and who is ewMed toreceive pap mes under Ihb Note b alled the 'Nose Holdw." 2. INTEREST hduvd will be dfiarged an nrpaid pdnck l ad We fdi amount of Pdodpd has boa paid. I will pry iateam at a yearly to of 7.375 %. The h*nd rate I will pry may uwe In amnia a WA Sedlm 4 of this Note. The btenmt rate mqd and by this Sectim 2 and Section 4 of this Note Is the rate I will pay both bloc and aft say ddadt desafied in swum 7(6) of this Note. 3. PAYMENTS (A) Tans and Place of Payments I will pay pdodpd and hdareat by maidog a payment every monde. I will aaahe MY mon* payna tc m the &t day of each month begWft on FBft& , 2006 I wNl make 6m p ymmb every m" Will I have pdd all d die pain 4 aid iakleat and say osher c%agp desr9ed below do I my owe order Ihb Note. Each moldy payment will be applied as of lb sdw&W da dde ad will be applied b him+nt before PrinclIA . If, on 4At AVW 01.20x0 , I still awe amnuots 0sder tab Nate. I will pay those am wb Is fW on that dwe, wbllb Is cWW the "Maboally Date." I will make my noddy pysmts at Vllaa-Ow Fkm a d u ldw of ARi Fadwsl ewkW Bade Fo Banc 20e, Pyamalh -- - @, FR I"a or at a dNNiamt plane ff reglired by the Nose Holder. (B) Anoumt of My bkW Monthly Payments Hub of my WW woo ft paymmbwM be in the mow of U.S. $ 951.05 This would MydwaL (c) Monsy rent am" Chmgea in my noafhly psygeot will reflect chsa5ea In the wpdd pdadpd of my Iona and to the halered rate diet I mot pay. The Note Holder will ddermime cry am h imm rde ad the longed amount of my moaldy paymw in aceordamm wpb Sedim 4 of tds Note. MWISTATE AWUBTABLE WE NWE- LBOR to WOM MW 08 RJR OM IN THE WALL STAWT Ja~L' - Sa?s Fan ly - Fes ft Mas MOW MlBTRItt@R Fan 8 N1 V'MRe3eN pnq ftp l "M - ceme avraarsrscsa sc aaaeaccewusaoar EXH1131T 0 4 DIPEREST RATE AND MONTHLY PAYMENT CHANGES (A) Chains Data The Merest rate I will pry may chaege on The ffiat dry of dANLYM, 2007 ad on that dry esery nth moolh meraRer. Each date oe whicismy bnteres' rate could change ls aped a'Chmge Dula.' (B) The Inds: Begla ft with the ihal Change Date, my Merest rate will be based on ao Indar. The "hAW Is the average of Wabeelt o II I rates for sbr mosm U.S. aamr tsumbaiea deposits In the London racist rIDW), as puubMed to DO Nall sveet,omnsL Tie moat recent Index non avallable as of ma first brdeas dry of me month humeaaddy preoedhng the month In which the Change Daft owns Is alley the 'Caned im r-" V me helot Is on longer available, the Note Holder will thoase a new halo mat is based upon ampnaide IdamWm. Tin Note Holder wW give me notice of this choice. (C) C.bntatlon of CbmW Bdare ach Cheap Date, the Note Holder will calculate my new interest rate by adding MW AND ONE SOM percedw Potats ( 7.125 to the Curren Wm The Note Holder will then round the result of this addition b the aared = 406 of one percentage point (0.125%). Sd*d to the Noolb stated in Section 4()) below, this rosnded amount will be my new Merest rate vow the am CbmgeDde- M Note Haider will then delamlae the 'of the monthly payment that would be su®cied to repay tee unpaid principal that I am 1 ' I to owe at the Change Date to fill on the Maturity Date at my new idereat raft in subsu dally equal payments. The result of this calculation will be me new amount of my moodily payment. , (D) Limits on Iaterest Rate ChimW The I 'ses'ra* I am required to pay at the &at Change Date will not be greater than 10.375 % or less thus 7.376 %. Tierafter, my heists'rare will sever be knceased or decromed an soy single Change fivan the r de me oby mace don f t have been ping AND thh?ec a mootba tines rite wen new be g,estnr than 13.375 % , or Nss dm 7.375 %. (B) Effective Date of Chimps My am Merest raft will become effective on each Change Date.] wW pay the amamt of my new modify payment beginning an the that mooKy payment date altar &a Cheap Daft void the amount of ny monthly payment changes again. (F) Notice of China The Note Holder will ddtvw or mail to me a notice of any. changes is my iaftrest raft am the amount of my moo* to me and payment bdbre d9o die Ode and ? tekpeffectIve date of my change. The notice wM Include haoe m person who wig assay question ? reprding The notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to abbe payments of Principal at soy time before they are data A payment of Principal ody Is known as a "Prepayment." When I make a Prepayment. I will lull me Note Holder In writing that I am doing so. 1 may not designate a payment as a Prepayment ff I have not made all the moo* payment due under tilt Nola. I may mate a fdl Prepayment at pardd Prepeymmis without paying my Prepayment cbKp. The Nate Holder will use may Prepayments to reduce the amount ofPrhbdpd mat I owe under this Now. Hotmver, the Note Holder may apply my Prepayment to the a r and unpaid Merest on the Prepayment amoud before appiyiag my Prepayment to reduce The Principal amount of this Note. N I mdw, a pwW Prepayment, mere will be so cinanuges In the doe daft: of my monthly payments uolea me Nola i l 11 agrees is writing to nose changes. My partial Prepayment may tedaa tie amo ut of my . monthly payments after the 9rst Change Dde U19% ft my partial Prepayment. However, say radoctloa doe to my PWW Prepayment may be oBaet by an Interest rate Increase. 6. LOAN CHARGES U a m?, which applies to this knots am which seta mndmem lion charger, Is Maly 'a'aprelea so inn the mtete.t or other has charges collected or to be collected is connection with this Inca tweed the penbolNed limits, man: W any such. Imo charge shag be reduced by the amount naecesrasy to neduoe me charge In the permutes gave and (b) my some d ready collected from me mat oweeded permuted limns will be rdded to me. Tie Note Holder may choose ID mohe this rdmd by reducing the Principal I owe under this Note or by making a direct payment to me. ff a r efam redooea Principal, the . redaction will be heated as a partial Prepayment. VMP4=N$me wP20f4 Fan 1101 • 7. BORROWER'S FAII.URE TO PAY AS REQUMED (A) Later Ciwgn hr Overdue Payments If the Note Holder has not received ft full amoent of say moe ft payment by the end of 16 caleader drys after The date it Is doe. I will pay a late charge to dhe Note Holder. De mood of the clue will be 6.000 % of my overdue payment of priodpal and inUeerd. I will pay tens late charge po opty but only once an each hie psyme nt. 91 ? pry The fag amount of each monthly payment on 6e daft tt is due. I will, be in ddask. (C) Notice of De6u@ If I sm in Unit, 6e Note Holder may a W me a wediten notice tel>hg me &dt ff I do not pay the ovesdhe smoast by a mrWo dab, der Nob Holder may require sae to pay imoediately The fill araormt of Prloclpd That has not beam paid aid all due interest that I sae an that amoiW. Mint date not be at least 90 days after the ddb on whirl the soft is untied to. me or ddtvaed by other meses. (D) No Waiver By Note Holder Even f . at a doe when I m in d&M. the Nab Holder doss ant requ ke me to pry immediately to fidl as described Am, the Nob Holder will still Jam The right to do so if I am In ddndt at a later time. (E) Payment of Nate Holder's Costa and Expenses If the Note Holder bad regahed me to pay humedidely in fall as described above, the Nob Holder will bove the night lobe poid back by me for aH of is coats and e1-11 es In enfa I d s Nob to the edW sot p mWbibd by apphc" law. Those e:pems Iadude. for essmple, nmmbk stioeseys' fees. L OIVINO OF NOTICES Unless applicable Is r requites a'8111 rent ME" eery notice that mot be given to me votlerihis Noce wen be glveu by delivering it or by unifitg it by &K does await to me at the Property Address above or at a dliflarml address ff I give the Nab Haider a notice of my ditYeteuI address. Usles Bee Nob Iloider regsdtes a elf 1i I method, soy notice drat most be given to the Note Holder ender We Nob will be glum by and k g it by ftdat doss mug to the Nob Holder at the address sbbd in Section S(A) above or at a diffamt address ff I sm given a notice of that diluent aftm 9. OBLIGATIONS OF POMM UNDER THIS NOTE If mare dhm one person sfgas (ids Nob, each person la idly ad personally ebdgsted to keep all of the ptoadaes made in this Note, indo ft the ptvmbe to pay the fail smooe I owed. Any person who is a p creator, weedy at eedone' of dds Note is also obHgobd to do these *. Any person who tapes over fuse obilgisdone, lochedlog rho obfto= Of a guarantor, son dy or widow of Ihb Nob, is also Obligated to kep all of the promises made in Ihb Note. The Now Holder may emface Us riglts anddr thb Nob against add person b*v* lly or agdost all of as together. Ibis peens *9 say me of as racy be rogdre' b pay all of Ibe amoemis owed ender aids Nob. 10. WAIVM I and say odw pesos who bas oblWons under this Nab waive the rights of Pnseatment aid Notice of Dlddrooor. "Presentment" memos tie dgbt to edgier the Note Holder to demand payment of amounts doe. "Notice of Divisor" mem the right to require the Node Bolder to give notice to Other pesdhes d wA amoenb die bave not ben paid. 11. LWORM SBCUItED NOTE This Nob Js a a dorm Iademeent with Hailed vs isticas In some je rbAcdoes. In add(tloe to The pro"ons Oven to the Nob Holder under this Now, a Morgpges, Deed of Trust, or Secorky Deed (the "Sesutlty Iaslrumest%. dated The same dab as dds Note, protects the Nob Holder from poedUe bees dod might result ff I do not steep the prombes dot I make In ids Note. That Soadly le summed descries law and under what coo"cas I may be required to mare immediate payment in lidl of all amounts I we wader dds Note. Some of those taodltoes read as folloeds- 3"M Fadm 36W1101 YIaR88aN laawl a1' • • Transfer of the Property or a Bumfic l Interest is Barrooms. As used in dds Sees= 19, "hwerest In to Property' maws eery Iegd or ben" fotereaI in the Property, bdmding, but not I - I to, lose bm&W lob , bamfered to a bmd for deed, aomhatf for deed, b>aWbust. ads aomhact or escrow apeemeat, the imi N of whir! h der tturesfer of dde by Borrower at a faire date b a purdwer. Nall at eery pad of de Properly or any hrtered b ibe Property b sold or' I mea:e I (or if Borrower fs ant a nahaal prim amd a bemetdel is - 'in Bmm m is said or tramfer %Q wahoat Lender's prior wrhtm cooeeot, Lewder may require immc 0 1 payment In fbt of aB uses secured by dds Security Int. However. dds option sW not be Ping nise I by Leader ff anch F 1 *1 b prohibited by Apph able Law. 1 arhr also sW not erracbe dds opdoa IP W Borrower amuses to be sn6mithd to Isads fafarmadm r q*W by Leader to evabWe to intended trap 161 as ff a mew lama were being made to der trmsshm; std (b) Fender imam* defermiea dot Lender's security wit hat be impaired by der ion musuption and tot the rbk of a broach of may aovemot or agreement in d is Security Iaehammt is acceptdis to Lender. To tie esient pamkkd by Appbable Law, La der my derge a remoome fee as a condldm to Leader's mum to the ken mwgdoa. Leader also my regdre the tramfere 1 to slp m unogdm agreement that is acmpt" to header ad let obBgdes the hamferen to keep at the pramI and agreenemts made Is the Note amd in dots Semlly Iashlrmeat. Harrower wit continue to be obligated miler the Note and dds Seaaity Iaahlmemt udm Leader rekurs Borrower in wddog. If Lewder m dts da option to rap ke WmedWe payment In fdl, Leader "give Borrower notice of acaddaadou. The notice alert provide a patpd of ant less time 30 days has the date the notice Is gtvva in wcordmee wfm Secdm 15 wither which Borrower mart pay A sus sewed by this Sesaaity Im4nmemt N Borrower fps to py thse sees prior to der e*radm of this period, Imder merry imweke any remedies peamiued by ft Seadty hehoment whdiod father notice or demand an Borrower. WflNM Tit? HANDS} AND SEAL(S) OF THE UNDERSIGNED. VYP4=N gm Pep 4 of 4 IS W OniThd 0*1 Fpm 3620 1101 i MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES E. LUTA AND TAMMY I. LUTA 16 Poplar Street Wormleysburg, PA 17043 Defendants #21574-CS CFC Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No: 0'7 - 5?5?a t?,tV?? 1P-r14 CI-) CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en In Corte. Si usted quiere defenderse de estas demandas expuestas en Ins paginas siguientes, usted tiene veinte (20) dial de plain al partir de In fecha de in demands y In notification. Hace faits a sentar una comparencia escrita o en persona o con un abogedo y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, In corte toma ra medidas y puede continuer In demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas Ins provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. I.UMJIJhKLANll COUN I Y BAK ASbM!A I ]ON 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 EXHIBIT MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 #21574-CS CFC Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES E. LUTA AND TAMMY I. LUTA 16 Poplar Street Wormleysburg, PA 17043 Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : Case No: CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la cone toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. C:UM13EKLANU C OUN I Y BAK ASSUCIA'110N 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. , HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Attorney for Plaintiff THE BANK OF NEW YORK TRUST : COURT OF COMMON PLEAS COMPANY, N.A. AS SUCCESSOR CUMBERLAND COUNTY TRUSTEE TO JPMORGAN CHASE BANK, : NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 Case No: 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES E. LUTA AND TAMMY I. LUTA 16 Poplar Street Wormleysburg, PA' 17043 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2,. a bank organized and existing federal state law, with offices for the conduct of business at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, James E. Luta and Tammy I. Luta are the mortgagors and real owners of premises 16 Poplar Street, Wormleysburg, PA 17043, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Wilmington Finance, a division of AIG Federal Savings Bank on December 14, 2004, which mortgage was recorded on December 29, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1892, Page 4103, secured on premises 16 Poplar Street, Wormleysburg, PA 17043 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 01, 2007 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $134,721.74 Interest from 5/2/2007to 9/21/2007 At $27.22 per diem $ 3,892.46 Accrued late charges to 9/21/2007 $ 518.19 Corporate Advances $ 301.00 Attorney's fee (5% of unpaid Principal Balance) $ 6,736.09 Title Information Certificate $ 515.00 NSF Fees $ 20.00 TOTAL $146,704.48 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $146,704.48, plus per diem interest at $27.22 from September 22, 2007 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that sheds the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; 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. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and.being in the Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described a follows: BEGINNING at a point on the northern line of Poplar Street a distance of sixty-eight and five tenths (68.5) feet cast of the northeast corner of Second and Poplar Street; thence in an easterly direction along, the northern line of Poplar Street a distance of eighty-one and five tenths (81.5) fed to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58) feet; thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; thence in a southerly direction a distance of fifty-eight (58) fact to the place of BEGINNING. HAVIC THEREON erected a two and one-half story dwelling house known and numbered as 16 Poplar Street, Wormlcysburg, Pennsylvania. BEING the same premises which D'Angelo Realy Group, Inc., by Deed dated 07/30/96 and recorded 08105/96 in Cumberland County Record Book 143, Page 901, granted and conveyed unto James E. Luta and Tammy I Luta, husband and wife, in fee. Parcel No: 47-20-1858-181 'El X h,b'V -T-- ? Wilshire May 03, 2007 L17SE LUTA, JAMES E 16 POPLAR ST WORMLEYSBURG, PA 17043 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Phone 888.917.1052 Fax 503.952.7476 Web Site WWW.woC.mtCom This is an official notice that the mortgage on your home is in default and the lender intends to foreclose smific information about the nature of the default is provided-in-the attached napes The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice wi you when you meet with the counseling Agenev. The name address and phone number of Consumer Credit Counseling Agencies serving your County are' listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finances Agency toll-free at 1.800.342.230. (Persons with impaired hearing can call 717.780.1869.) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION [NtDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES Al'r, SEE http://w-%vw.ago.state.co.us/caddcadcmain.efm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours arc Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. LIME Wilshire Credit Corporation Payments P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence P.O. Box 8517, Portland, OR 97207-8517 LUTA, JAMES E Loan No.:670482 Page 2 May 03, 2007 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME LUTA, JAMES E PROPERTY ADDRESS 16 POPLAR ST WORMLEYSBURG, PA 170431357 LOAN ACCT. NO. 670482 ORIGINAL LENDER WILMINGTON FINANCE CURRENT SERVICER Wilshire Credit Corporation 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 LU E "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 LM DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE IHE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DAT CONSUMER CREDIT COUNSELING AGENCIES - 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. T name8, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prooertv 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. (Continue YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST 'rHE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http.//www.ego.siate.co.us/caddeadcmain.crm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton. OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded, L 178E LUTA, JAMES E Loan No.:670482 Page 3 May 03, 2007 A- EPL[ ATION 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 Homeownees 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 they receive 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uR to date.) NATURE OF TIM DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 16 POPLAR ST WORMLEYSBURG, PA 170431357 IS SERIOUSLY M DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $3,707.04 Late Charges $518.19 Other Charges $84.04 Suspense Amount -$1,164.32 TOTAL $3,144.95 _HO_W T 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 $3,144.95 PLUS (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT. THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST 'I'HE COLLA'rl:RAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://%"%,%v.ogo.state.co.us/caddcadcmain.efm. NEW PORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way. Beaverton, OR. W ilshire's office hours are Monday -Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E LUTA, JAMES E Loan No.:670482 Page 4 May 03, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check certified check or money order made payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DES - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to accelerate the mortgage debt. This means that the entire outstanding balance of the 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 it's attorneys to start legal action toforeclose upn your mortgaged g_ro-grty. 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 it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be requircd 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 actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within thf, THIRTY ja DAY neriod. you will not be required to ggy attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up -to one hour before the Sheriffs Sale. You may do so by p4Xing the total amount then past due, any late or other charges then due, reasonable attorney's fees any costs connected with the foreclosure sale. any other costs connected with the Sheriffs Sale as stzecifed in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE H$ ERIEES SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. 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 action will be by contacting the lender. HOW TO CONTACT TLIE LENDER: Name of Lender : Wilshire Credit Corporation Address Payments: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517, Portland, OR 97207-8517 Phone Toll-Free: 888.917.1052 Fax Number 503.952.7476 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE ttttp.Hwww.ago.state.co.ustcaddcademain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is liccnsed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Cogwation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. W ilshire's officc hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E LUTA, JAMES E Loan No.:670482 Page 5 May 03, 2007 Contact : Loan Servicing .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 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 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 THE MORTGAGE 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 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. ATTACHED IS THE CONSUMER CREDIT COUNSELING A NCIES SERVING YOUR COUNTY If you have any questions, please contact us at our toll-free number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS 1.ETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hitp://www.ago.state.co.us/caddcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE:. This collection agency is licensed by the Collection Service Board of the Depanment of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S. W. Millikan Way, Beaverton, OR. Wi)shim's office hours are Monday -Friday 6:00 am to 3:00 pm Pacific time, holidays excluded. Ll78k Wilshire° May 03, 2007 Wilshire Credit Corporation Payments P.O. Box 7195, Pasadena, CA 91109.7195 Correspondence P.O. Box 8517, Portland, OR 97207-8517 Phone 888:917.1052 LUTA, TAMMY 1 16 POPLAR ST WORMLEYSBURG, PA L178E 170431357 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Fax 503.952.7478 Web Site www.woc.mlcom This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the natureL of the default is provided in the attached pages. The HOMEOWNER' S MORTGAGE A SSISTAN CE PR OGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET W ITH A CONSU MER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE O F THIS N OTICE . Take th is notice with you when you meet with the Cou nseling Agency, The name, address and phone number of Consume r Credit Counseli ng Agencies serving your County are listed at the end of this Notice. If you have any qu estions. y ou may _call the- Pennsylvania Housing Finance Agent toll-free at 1.800.342.23 97. (Persons with impaired hearin g can call 717.780.1869.) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION [NtDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO APJUBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINSTTI1E COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.slate.co.ustcaddcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14513 S. W. Millikan Way, Beaverton, OR. W ilshire's office hours arc Monday -Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178E LUTA, TAMMY 1 Loan No.:670482 Page 2 May 03, 2007 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS'NAME : LUTA, JAMES E PROPERTY ADDRESS 16 POPLAR ST WORMLEYSBURG, PA 170431357 LOAN ACCT. NO. : 670482 ORIGINAL LENDER : WILMINGTON FINANCE CURRENT SERVICER : Wilshire Credit Corporation 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 EMER .EN!QY 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 WILETING MUST OCCUR WITHIN THE NEXT DAYS, IF-YOU- - NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRLIVC YOYOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW 1-0 BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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 credit counseling agencies for the county in which the prope-may 1s located are set forth ar the end ofth this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. (Continued YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN A17EMPT 'TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http;//www.ago.state.co.us/caddeadcmain.efm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. Ll78E LUTA, TAMMY I Loan No.:670482 Page 3 May 03, 2007 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 MNST 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 they receive 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.) 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: 16 POPLAR ST WORMLEYSBURG, PA 170431357 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $3,707.04 Late Charges $518.19 Other Charges $84.04 Suspense Amount -$1,164.32 TOTAL 53,144.95 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 $3,144.95 PLUS (ContinuecQ YOU S1401JLD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE help://wHtiv.ago.state.co.us/caddcadcmain.cfm, NEW YORK CITY: License 1032551. NORTII CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's ofrice hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E LUTA, TAMMY I Loan No.:670482 Page 4 May 03, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. 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 it's rights to accelerate the mortgage debt. This means that the entire outstanding balance of the 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 it's attorneys to start legal action toforeclose upon your mortgaged may, IF THE MORTGAGE IS FORECLOSED IMON- 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 actually incurred by the lender even if they exceed $50.00. The 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 JA DAY period. you will not be [equired to uay 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 any time ulz to one hour before the Sheriffs Sale. You may do so Ming the total amount then past due, any late or other charges then due reasonable attorney's fees any costs connected with the foreclosure sale. any other costs connected with the Sheriffs Sale as specified in writingjjy the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF-S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. 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 action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender : Wilshire Credit Corporation Address Payments: P.O. Box 7195, Pasadena, CA 91109-7195 Corresgondence: P.O. Box 8517, Portland, OR 97207-8517 Phone Toll-Free: 888.917.1052 Fax Number 503.952.7476 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE httpJ/w%%w.ago.suic,co.ustcadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Deavenon, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pecific time, holidays excluded. L17BE LUTA, TAMMY I Loan No.:670482 Page 5 May 03, 2007 Contact Loan Servicing EFFECT OF SHFRIFF'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 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 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 THE MORTGAGE 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 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. ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY If you have any questions, please contact us at our toll-free number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BU'r NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://w-%vw.ago.state.co.uslcadc/cadcmaimcftn. NEW YORK CITY: License 103255). NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S. W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific lime, holidays excluded. L 178E Martha E Von Rosenstiel, P.C. Martha. E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. # 52634 James E. Luta and Tammy I. Luta 16 Poplar Street Wormleysburg, PA 17043 Defendants Vs. The Bank of New York Trust Company, N.A. As Successor Trustee To JP Morgan Chase Bank National Association As Original Trustee For The MLMI Surf Trust Series 2005-BC2 14523 SW MilliKan Way, Suite 200 Beavertown, OR 97005 Plaintiff Court of Common Pleas Cumberland County : Case No: 07-5592 Civil Action - Mongan Foreclosure 1. Defendants, James E. Luta and Tammy I. Luta are the mortgagors and real owners of premises 16 Poplar Street, Wormleysburg, PA 17043, hereinafter described, whose last known address is listed in the caption. 2. Plaintiff is The Bank of New York Trust Company, N.A. as successor Trustee to JP Morgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2, a bank organized and existing federal state law, with offices for the conduct of business as 14523 SW Millikan Way, Suite 200, Beavertown, OR 97005. 3. Original mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Wilmington Finance, a division of AIG Federal Savings Bank ,T D on December 14, 2004, which mortgage was recorded on December 29, 2004 in the Office of Recorder of Deeds of Cumberland County in Mortgage Book 1892, Page 4103, secured on premises 16 Poplar Street, Wormleysburg, PA 17043 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. The Defendants agree that mortgage is in default as described in Plaintiff suit sub- section 6, 7, and 8. 9. Defendants, mortgagors and real owners, encountered numerous hardships which set them into the foreclosure status. 10. Defendants, mortgagors and real owners, have retained the services of Fresh Start Mortgage Assistance Solutions, LLC, P.O. Box 21648, Tampa, FL 33622 on September 2e, 2007. Contact information is as follows: Sonya Sheppard Phone: 866-431-9001 extension 262 Fax: 727-431-0996. 11. The above named Mortgage Assistance firm has initiated proceedings to resolve delinquency through an agreement between both Defendants and Plaintiff. 12. Delinquency of said mortgage was the result of Tammy I. Luta losing employment in August of 2005, James E. Luta hospitalized for stress related heart issues in October 2005 causing him to demote from Utility Plant Supervisor to Utility Plant Operator giving a wage decrease of eight (8) percent. James E. Luta has been a Commonwealth Employee for thirteen (13) years without any breaks in service. 13. Defendants have a child of eight (8) years of age, who was born with a cleft lip and palate. This throughout 2006 to present time required numerous medical attentions starting with a bone graph and orthodontic treatment. This required more parental involvement so Tammy I. Luta remained unemployed in order to assist at home. 14. At this time James. E. Luta has regained his income stability through contract raises and Tammy I. Luta is currently trying to obtain employment. 15. Defendants wish to remain at their residence of 16 Poplar Street, Wormleysburg, PA 17043and are working with the Mortgage Assistance firm and Plaintiff in order to re-instate said mortgage and cure all defaults. " r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of Poplar Street a distance of sixty-eight and five tenths (68.5) feet of the northeast comer of Second and Poplar Street; thence in an easterly direction along the northern line of Poplar Street a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly direction along Pine Ally, a distance of fifty-eight (58) feet; thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; thence in a southerly direction a distance of fifty-eight (58) feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story dwelling house known and numbered as 16 Poplar Street, Wormleysburg, Pennsylvania. BEING the same premises which D'Angelo Realty Group, Inc., by Deed dated 07/30/96 and recorded 08/05/96 in Cumberland County Record Book 143, Page 901, granted and conveyed unto James E. Luta and Tammy I. Luta, husband and wife, in fee. Parcel No: 47-20-1858-181 EXHIBIT I Martha E. Von Rosenstiel, P.C. Keri P. Claeys, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D# 91298 Attorney for Plaintiff The Bank of New York Trust Company, N.A. : Court Of Common Pleas as successor Trustee to JPMorgan Chase Bank, : Cumberland County National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2 Plaintiff Case No: 07-5592 Civil Term VS. James E. Luta and Tammy I. Luta Defendant CERTIFICATION OF SERVICE Keri P. Claeys, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Plaintiff's Reply to New Matter in the above matter was made upon the following: James E. Luta and Tammy I. Luta 16 Popular Street Wormleysburg, PA 17043 by regular first class mail, postage prepaid, deposited with the United States Postal Service on November 12, 2007. This verification is made subject to the penalties of 1 unsworn falsification to authorities. / Dated: ) I (2,I p-- Martha E. Von Rosen Attorney for Plaintiff 649 South Avenue Secane, PA 19018 610 328-2887 Attorney ID# 91298 §4904 relating to P.C. NOV 12 2007 EXHIBIT C Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Keri P. Claeys, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D# 91298 The Bank of New York Trust Company, N.A. : Court Of Common Pleas as successor Trustee to JPMorgan Chase Bank,: Cumberland County National Association as original Trustee for the MLMI SURF Trust Series 2005-BC2 Plaintiff : Case No: 07-5592 Civil Term vs. James E. Luta and Tammy I. Luta Defendant PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF. Trust Series 2005-BC2 by and through its attorney Keri P. Claeys, Esquire hereby responds to Defendants' New Matter to Plaintiffs Complaint in Mortgage Foreclosure and in support thereof, avers the following: The Plaintiff hereby incorporates by reference numbers one (1) through ten (10) of its Complaint in Mortgage Foreclosure as if set forth herein. 11-15. Denied. By the way of further response, the Plaintiff is without sufficient information as to the truth of the averments of paragraphs eleven (11) through fifteen (15). Additionally, the averments of paragraphs eleven (11) through fifteen (15) are not defenses to the instant mortgage foreclosure action or the default on said mortgage. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be dismissed and that judgment be entered in favor of the Plaintiff and against the Defendants for foreclosure and sale of mortgaged premi K% 41 s, Es wire s artha E. Von Rosenstiel, P.C. Attorney for Plaintiff 649 South Avenue Secane, PA 19018 610 328-2887 Attorney ID# 91298 Date: I ) I 14 0 =--I- VERIFICATION I, Keri P. Claeys, Esquire, hereby states that she is the attorney for the Plaintiff and that is authorized to take this Verification and that the averments in the foregoing Reply to New Matter and the undersigned understands that this statement herein is made subject to the penalties of 18 Pa. 4904 relating to u Date: C 21574-KPC Keri P. Claeys, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #91298 Attorney For Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-13C2 Plaintiff, VS. JAMES E. LUTA AND TAMMY I. LUTA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-5592 Civil Term AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Josh Lnde , of full age, being duly sworn according to law deposes and says: 1. I am a representative of Wilshire Credit Corporation, the mortgage-servicing agent for the Plaintiff, The Bank of New York Trust Company, N.A. as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005- BC2, and I am authorized to make this affidavit relating to collection of mortgage payments, investigation of delinquencies in payment and recommendations for legal action and foreclosure of mortgage where necessary. 2. I make this affidavit in support of Plaintiffs Motion for Summary Judgment based upon my personal knowledge of the matters referred to, and the records of this company relating to the servicing of the mortgage of James E. Luta and Tammy I. Luta which have been routinely and EXHIBIT _? . contemporaneously maintained in the course of the business of servicing this loan, as required by this company. 3. On December 14, 2004, James E. Luta and Tammy I. Luta executed a Mortgage and Note to Wilmington Finance, a division of AIG Federal Savings Bank. The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1892, Page 4103, page number secured on premises commonly known as 16 Poplar Street, Wormleysburg PA 17043 (hereinafter Subject Premises ) (a copy of the recorded mortgage is attached as Exhibit A and a copy of the Note is attached as Exhibit B). 4. The mortgage has been assigned to the Plaintiff. 5. The original principal balance of the mortgage was $137,700.00. 6. The loan bears interest at the adjustable interest rate of 7.375% per annum. The current interest rate is 7.375%. 7. The loan documents require amortized payments in the amount of $951.06, beginning on February 1, 2005, and continuing over the term of the loan, until January 1, 2035. 8. The Note signed by the Defendant provides for a late charge for any payment made after the 15th day of the month in which it is due. This late charge is 5% of the monthly payment of principal and interest, or $47.55 per month. 9. The account remains in default for the June 01, 2007 and subsequent mortgage payments. 10. Late charges have accrued for each of the late payments between February 1, 2005 and the present in the total amount of $518.19. 11. On May 3, 2007, this company sent to the Defendants a Combined Notice of Intention to Foreclose and Accelerate Loan Balance and Notice of Homeowners Emergency Mortgage Assistance Act by certified mail and regular mail. %- 12. This company has no record of an application for assistance having been filed by the Defendants. 13. The following amounts are now due under the mortgage document: Principal balance $134,721.74 Interest 05/01/2007 to 11/15/2007 at 7.375% ($27.22 per diem) $ 5,416.78 Late charges $ 519.18 Corporate Advances $ 301.00 Reasonable attorney's fees and costs for work actually performed to date, as follows: Title search $ 515.00 Complaint $ 78.50 Service of complaint $ 100.00 Reasonable fee actually incurred for review of mortgage foreclosure action and filing of complaint $ 625.00 Reasonable fee actually incurred for review of Answer and New Matter preparation and filing of Reply to New Matter and Motion for Summary Judgment 4.0 hours at $125.00 per hour $ 500.00 Total $142,777.20 I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I am aware that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1J'-- Title: Orized Agent Josh lade Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt - --- -- Batch/Op ------- Prin Bal - Suspense Esc - Bal Other Chg Cd Arrear E - 081307 --- 700.00 ---------- - .00 ---------- ----- .00 --- .00 --------- ------ .00 --------- .00 134721.74 700.00 .00 .00 .00 071307 1235.68 70.29 1165.39 .00 .00 .00 050107 J9133Q/42 134721.74 .00 .00 .00 .00 071307 -635.68 .00 .00 .00 .00 .00 050107 .134792.03 -635.68 .00 .00 .00 070507 675.00 .00 .00 .00 .00 .00 050107 134792.03 675.00 .00 .00 .00 060107 1235.68 69.69 1165.99 .00 .00 .00 040107 J8191Q/ 4 134792.03 .00 .00 .00 .00 060107 -1135.68 .00 .00 .00 .00 .00 040107 134861.72 -1135.68 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: EXHIBIT G Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc Bal Other Chg Cd - ------ Arrear E --------- - ------ 050407 ---------- - 1240.00 ---------- - 69.09 ---------- ------ 1166.59 --- .00 -------- .00 .00 030107 J7578Q/42 134861.72 4.32 .00 .00 .00 040907 700.00 .00 .00 .00 .00 .00 030107 134930.81 700.00 .00 .00 .00 033007 1235.68 68.50 1167.18 .00 .00 .00 020107 J6807Q/42 134930.81 .00 .00 .00 .00 033007 -535.68 .00 .00 .00 .00 .00 020107 134999.31 -535.68 .00 .00 .00 031507 1000.00 .00 .00 .00 .00 .00 020107 134999.31 1000.00 .00 .00 .00 012607 951.06 120.64 830.42 .00 .00 .00 010107 J5390Q/42 134999.31 .00 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Due Dt Batch/Op Prin Bal Suspense - - ------ 012607 ---------- - 6.96 ---------- - .00 ---------- .00 P 030906 J5390Q/42 135119.95 .00 012607 47.55 .00 .00 021606 J5390Q/42 135119.95 .00 012607 47.55 .00 .00 121605 J5390Q/42 135119.95 .00 012607 47.55 .00 .00 111605 J5390Q/42 135119.95 .00 012607 47.55 .00 .00 102105 J5390Q/42 135119.95 .00 012607 .72 .00 .00 081705 J5390Q/42 135119.95 .00 Escrow Fees Desc Arrear I Esc Bal Other Chg Cd ---- -- Arrear E --------- ------- .00 --------- 6.96 SPEEDP .00 .00 .00 .00 .00 47.55 LATE C .00 .00 .00 .00 .00 47.55 LATE C .00 .00 .00 .00 .00 47.55 LATE C .00 .00 .00 .00 .00 47.55 LATE C .00 .00 .00 .00 .00 .72 LATE C .00 .00 OD .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc Bal Other Chg Cd ----- - Arrear E --------- - ------ 012607 ---------- - -448.94 ---------- - .00 ---------- ------ .00 --- .00 --- ----- - .00 .00 081705 135119.95 -448.94 .00 .00 .00 011707 951.06 119.90 831.16 .00 .00 .00 120106 J5198Q/42 135119.95 .00 .00 .00 .00 011707 -51.06 .00 .00 .00 .00 .00 120106 135239.85 -51.06 .00 .00 .00 122906 500.00 .00 .00 .00 .00 .00 120106 135239.85 500.00 .00 .00 .00 110306 951.06 119.17 831.89 .00 .00 .00 110106 J3726Q/42 135239.85 .00 .00 .00 .00 110306 46.83 .00 .00 .00 46.83 LATE C .00 081705 J3726Q/42 135359.02 .00 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc Bal Other Chg --------- Cd ------ Arrear E --------- - ------ 110306 ---------- -- 2.11 --------- -- .00 --------- ------ .00 --- .00 2.11 LATE C .00 071805 J3726Q/42 135359.02 .00 .00 .00 .00 100606 951.06 118.44 832.62 .00 .00 .00 100106 J3123Q/27 135359.02 .00 .00 .00 .00 100606 45.44 .00 .00 .00 45.44 LATE C .00 071805 J3123Q/27 135477.46 .00 .00 .00 .00 100606 3.50 .00 .00 .00 3.50 LATE C .00 061605 J3123Q/27 135477.46 .00 .00 .00 .00 092206 11.00 .00 .00 .00 .00 34757 .00 091106 J2836Q/ 4 135477.46 .00 .00 11.00 3-2K .00 092206 951.06 117.71 833.35 .00 .00 .00 090106 J2836Q/ 4 135477.46 .00 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R) pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc -- ------ Bal --- Other Chg --------- Cd ------ Arrear E --------- - ------ 092206 ---------- - 9.50 ---------- - .00 -------- .00 .00 .00 32846 .00 062206 J2836Q/ 4 135595.17 .00 .00 9.50 3-2K .00 092206 100.00 .00 .00 .00 .00 31671 .00 042106 J2836Q/ 4 135595.17 .00 .00 100.00 3-41 .00 092206 11..00 .00 .00 .00 .00 31582 .00 042006 J2836Q/ 4 135595.17 .00 .00 11.00 3-2K .00 092206 9.50 .00 .00 .00 .00 29628 .00 011106 J2836Q/ 4 135595.17 .00 .00 9.50 3-2K .00 092206 11.00 .00 .00 .00 .00 27584 .00 102605 J2836Q/ 4 135595.17 .00 .00 11.00 3-2K .00 092206 100.00 .00 .00 .00 .00 27541 .00 102505 J2836Q/ 4 135595.17 .00 .00 100.00 3-41 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal - Suspense --- - Esc Bal Other Chg Cd Arrear E 092206 9.50 .00 - ----- - .00 -------- .00 --------- .00 ------ - 26147 -------- .00 090805 J2836Q/ 4 135595.17 .00 .00 9.50 3-2K .00 092206 11.00 .00 .00 .00 .00 24542 .00 071305 J2836Q/ 4 135595.17 .00 .00 11.00 3-2K .00 092206 44.05 .00 .00 .00 44.05 LATE C .00 061605 J2836Q/ 4 135595.17 .00 .00 .00 .00 092206 47.55 .00 .00 .00 47.55 LATE C .00 051605 J2836Q/ 4 135595.17 .00 .00 .00 .00 092206 -565.16 .00 .00 .00 .00 .00 051605 135595.17 -565.16 .00 .00 .00 091106 951.06 080106 J2564Q/42 Options 'ENTER'=next 117.00 834.06 135595.17 .00 (P)revious (B)egin (E)nd .00 .00 .00 .00 .00 .00 (L) ist (Q) uit (R) pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc Bal Other - - - Chg Cd - - ----- Arrear E -------- - ------ 091106 ---------- - -251.06 ---------- -- .00 --------- ------ .00 -- -- - .00 -- - .00 - .00 080106 135712.17 -251.06 .00 .00 .00 082506 1000.00 116.28 834.78 .00 .00 .00 070106 J2273Q/ 8 135712.17 48.94 .00 .00 .00 081006 500.00 .00 .00 .00 .00 .00 070106 135828.45 500.00 .00 .00 .00 072706 5.00 .00 .00 .00 5.00 SPEEDP .00 072706 J1669X/18 135828.45 .00 .00 .00 .00 072706 951.06 115.57 835.49 .00 .00 .00 060106 J1669X/18 135828.45 .00 .00 .00 .00 072706 -551.06 .00 .00 .00 .00 .00 060106 135944.02 -551.06 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt - ------ Batch/Op ---- -- Prin Bal Suspense Esc Bal Other Chg Cd Arrear E 071306 - --- - 709.81 ---------- - .00 ---------- ------ .00 --- .00 --------- 5.00 ------ SPEEDP --------- .00 071306 J1384X/ 7 135944.02 704.81 .00 .00 .00 062906 53.94 .00 .00 .00 5.00 SPEEDP .00 062906 J1095X/18 135944.02 48.94 .00 .00 .00 062906 951.06 114.86 836.20 .00 .00 .00 050106 J1095X/18 135944.02 .00 .00 .00 .00 060106 5.00 .00 .00 .00 5.00 SPEEDP .00 060106 J0530X/18 136058.88 .00 .00 .00 .00 060106 951.06 114.16 836.90 .00 .00 .00 040106 J0530X/18 136058.88 .00 .00 .00 .00 060106 -246.25 .00 .00 .00 .00 .00 040106 136173.04 -246.25 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc Bal Other Chg Cd Arrear E 050406 5.00 .00 ------ .00 --- 00 5.00 SPEEDP --------- 00 050406 J0018X/18 136173.04 .00 .00 .00 .00 050406 951.06 113.47 837.59 .00 .00 .00 030106 J0018X/18 136173.04 .00 .00 .00 .00 042106 951.06 112.77 838.29 .00 .00 .00 020106 19758Q/ 4 136286.51 .00 .00 .00 .00 042106 -201.06 .00 .00 .00 .00 .00 020106 136399.28 -201.06 .00 .00 .00 N 031506 -10.00 .00 .00 .00 -10.00 SPEEDP .00 P 030906 18889X/20 136399.28 .00 .00 .00 .00 N 031506 -998.61 -112.77 -838.29 .00 .00 100 020106 I8889X/20 136399.28 -47.55 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt Batch/Op Prin Bal Suspense Esc - - Bal --- Other Chg ------ -- Cd --- -- Arrear E --------- - ------ 030906 ---------- - 57.55 ---------- - .00 - ---------- --- .00 .00 - 10.00 - SPEEDP .00 P 030906 28889X/ 7 136286.51 47.55 .00 .00 .00 030906 951.06 112.77 838.29 .00 .00 .00 020106 I8889X/ 7 136286.51 .00 .00 .00 .00 020906 10.00 .00 .00 .00 10.00 SPEEDP .00 020906 I8354X/ 7 136399.28 .00 .00 .00 .00 020906 951.06 112.08 838.98 .00 .00 .00 010106 I8354X/ 7 136399.28 .00 .00 .00 .00 020906 -4.17 .00 .00 .00 .00 .00 010106 136511.36 -4.17 .00 .00 .00 020306 58.94 .00 .00 .00 10.00 SPEEDP .00 020306 18248X/ 7 136511.36 48.94 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt - ------ Batch/Op ------- -- Prin Bal ----------- - Suspense Esc ------ Bal Other Chg Cd Arrear E 020306 - 951.06 111.40 ---- ----- 839.66 ---- .00 --------- .00 ------ - -------- .00 120105 I8248X/ 7 136511.36 .00 .00 .00 .00 011206 58.94 .00 .00 .00 10.00 SPEEDP .00 011206 16177X/ 7 136622.76 48.94 .00 .00 .00 011206 951.06 110.72 840.34 .00 .00 .00 110105 16177X/ 7 136622.76 .00 .00 .00 .00 111705 87.66 .00 .00 .00 10.00 SPEEDP .00 111705 25333X/16 136733.48 77.66 .00 .00 .00 111705 951.06 110.04 841.02 .00 .00 100 100105 15333X/16 136733.48 .00 .00 .00 .00 102005 58.94 .00 .00 .00 10.00 SPEEDP .00 102005 24934X/22 136843.52 48.94 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 TRANSACTION HISTORY LUTA, JAMES E T Tran Total Amt Principal Interest Escrow Fees Desc Arrear I Due Dt - Batch/Op Prin Bal Suspense Esc Bal Other Chg ---- Cd ------ Arrear E --------- - -- --- 102005 ---------- - 951.06 ---------- - 109.37 ---------- ------ 841.69 --- .00 ----- .00 .00 090105 14934X/22 136843.52 .00 .00 .00 .00 101705 158.94 .00 .00 .00 10.00 SPEEDP .00 101705 14872X/26 136952.89 148.94 .00 .00 .00 101705 951.06 108.70 842.36 .00 .00 .00 080105 14872X/26 136952.89 .00 .00 .00 .00 082505 57.55 .00 .00 .00 10.00 SPEEDP .00 082505 1416OX/22 137061.59 47.55 .00 .00 .00 082505 951.06 108.04 843.02 .00 .00 .00 070105 14160X/22 137061.59 .00 .00 .00 .00 072905 57.55 .00 .00 .00 10.00 SPEEDP .00 072905 13784X/13 137169.63 47.55 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: Loan: 670482 T Tran Total Amt Due Dt Batch/Op - ------ ---------- 072905 951.06 060105 13784X/13 061705 52.55 061705 13218V/22 061705 951.06 050105 I3218V/22 041305 951.06 040105 12278L/15 031405 951.06 030105 I1893L/15 TRANSACTION HISTORY LUTA, JAMES E Principal Interest Escrow Fees Desc Arrear I Prin Bal Suspense Esc Bal Other Chg Cd --- ------ --- Arrear E --------- --------- - 107.38 ---------- 843.68 --------- .00 -- - .00 .00 137169.63 .00 .00 .00 .00 .00 .00 .00 5.00 SPEEDP .00 137277.01 47.55 .00 .00 .00 106.72 844.34 .00 .00 .00 137277.01 .00 .00 .00 .00 106.07 844.99 .00 .00 .00 137383.73 .00 .00 .00 .00 105.42 845.64 .00 .00 .00 137489.80 .00 .00 .00 .00 Options 'ENTER'=next (P)revious (B)egin (E)nd (L)ist (Q)uit (R)pt: 0 VERIFICATION I, Keri P. Claeys, Esquire, hereby states that she is the attorney for the Plaintiff and that is authorized to take this Verification and that the averments in the foregoing Motion for Summary Judgment are true and correct to the best of her knowledge. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. 4904 relating to unsworn falsification to authorities. Date: ?? 1-1 r Keri P. Claeys, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #91298 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 PLAINTIFF VS. JAMES E. LUTA AND TAMMY I. LUTA DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-5592 Civil Term CERTIFICATION OF SERVICE Keri P. Claeys, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion for Summary Judgment, brief in support thereof, attached exhibits, argument praecipe and proposed order in the above matter was made upon the following: James E. Luta and Tammy I. Luta 16 Popular Street Wormleysburg, PA 17043 by regular first class mail, postage prepaid, deposited with the United States Postal Service on December 5, 2007. This verification is made subject to the pe falsification to authorities. to unsworn Dated: December 5, 2007 t •t 21 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 PLAINTIFF vs. JAMES E. LUTA AND TAMMY I. LUTA DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-5592 Civil Term PRAECIPE FOR LISTING CASE FOR ARGUMENT To the Prothonotary: Please list the within matter for the next Argument Court. 1. State matter to be argued: Plaintiff's Motion for Summary Judgment 2. Identify Counsel: (a) for Plaintiff: Keri P. Claeys, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit # 7 Secane, PA 19018 (b) for Defendants: Pro Se 3. I will notify all parties in writing within two days that this case will be listed for argument. 4. Argument Court Date: KOE P. C s, Esquire Martha Von Rosenstiel, P.C. 649 South Avenue, Unit # 7 Secane, PA 19018 Attorney ID # 91298 Attorney for Plaintiff Date: )-J (61 1 ? ? c c?. ?.., fist ?? i?; i -? ? .? ? ., -; ? ;_-{ ?--- THE BANK OF NEW YORK IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, N.A., AS CUMBERLAND COUNTY, PENNSYLVANIA SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS CIVIL ACTION - LAW ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2, NO. 07-5592 CIVIL Plaintiff vs. JAMES E. LUTA and TAMMY I. LUTA, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, OLER AND GUIDO, J.J. ORDER AND NOW, this 36 ` day of January, 2008, upon consideration of the plaintiffs motion for summary judgment, it is hereby ordered and decreed that judgment be and is hereby entered in favor of plaintiff, The Bank of New York Trust Company, N.A., as successor trustee to JPMorgan Chase Bank, National Association as original trustee for MLMI SURF Trust Series 2005-BC2 and against defendants, James E. Luta and Tammy I. Luta, in the amount of $142,777.20. BY THE COURT, 41za4 Hess, J. AINnOn, 19 :Z Wd Q£ Nor. 0001 3OKW Keri P. Claeys, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 James E. and Tammy I. Luta 16 Poplar Street Wormleysburg, PA 17043 rlm 21574- CPG -RD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ORIGINAL : TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2 Plaintiff VS. JAMES E. LUTA AND TAMMY I. LUTA Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY No: 07-5592 Civil Term PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly withdraw the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: October 28, 2008 f 00