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HomeMy WebLinkAbout07-5607 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 - 20 Broad Street New York, NY 10005, Plaintiff, Vs. Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055, and Peggy Ann Swain 2434 South Market Street Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. Attorney for Plaintiff File: 1.06906 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07- 51v0'1 N it `-erm CIVIL ACTION MORTGAGE FORECLOSURE {00193502} NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court _without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 {00193502} NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will-be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debtor copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00193502} MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5 20 Broad Street New York, NY 10005, No.: Plaintiff, CIVIL ACTION Vs. MORTGAGE FORECLOSURE Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055, and Peggy Ann Swain 2434 South Market Street Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (the "Plaintiff'), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. {00193502} 2. Defendants, Raymond S. Swain and Peggy Ann Swain, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Raymond S. Swain, Defendant, resides at 2434 South Market Street, Mechanicsburg, PA 17055. Peggy Ann Swain, Defendant, resides at 2434 South Market Street, Mechanicsburg, PA 17055. The United States of America c/o the U.S. Attorney General, Defendant, is located at 228 Walnut Street, Suite 220, Harrisburg, PA 17108. 4. On July 25, 2002, in consideration of a loan in the principal amount of $132,300.00, the Defendants executed and delivered to Equity One Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 9.0 percent per annum, payable as to the principal and interest in equal monthly installments of $1064.52 commencing September 1, 2002. The current interest rate is 11.125 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Equity One Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated July 25, 2002, recorded on August 7, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1767, Page 3656. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2434 South Market Street, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are {00193502} due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ............$128,068.46 Accrued but Unpaid Interest from 11/1/06 to 9/24/07 @ 11.125% per annum ($39.03 per diem) ......................................$12,801.84 Accrued Late Charges ....................................$560.00 Corporate Advance ...........................................$11.50 Escrow Advance ........................................$16,168.22 Title Search Fees ............................................$350.00 Monies in Suspense ................................... -$1,000.00 Deferred Late Charges .................................$1,356.34 Insufficient Funds Charges ...............................$50.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 09/24/2007 ........................$159,616.36 Plus, the following amounts accrued after September 24, 2007: Interest at the Rate of 11.125 per cent per annum ($39.03 per diem); Late Charges of $63.00 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.1 680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2434 South Market Street, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 10. The United States of America is being sued pursuant to 28 U.S.C Secton 2410 relating to Federal Tax Liens. Copies of the Tax Lien information pertinent thereto is attached {00193502} hereto as Exhibit "B" and made a part hereof. The same is incorporated herein by reference as if fully set forth at length herein. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $159,616.36, plus the following amounts accruing after September 24, 2007, to the date of judgment: (a) interest of $39.03 per day, (b) late charges of $63.00 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOC TES, LLC (.4,U AA AJ-f ;A);- Chrisovalante P. Fli s, Esquire Attorney for Plaintiff {00193502} VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unsworn falsification to authorities. Name: Chrisovalante . Fliakos, Esquire Title: Attorney {00193502} Aug,31. 2007 10:25AM Franklin Reap Esta?e ?ar??s?e 1013=19 WAW ITA 'r caScRzr= &M that c"*"a tract of laud with japzo" is az'sotod thareon in the p of b11ea, Countr of qwbexUad, filth of Pennsylvania, botmdad sod dassnrU d as fellows: IMOzrE16i - t ba$ ag located on the ceatidiae of ati s polar; Maid point lwtatsglasmia 71ain4ta 114 t ' thence, dediAwted xight• o 1 +?y 19 W., to an it , Vix lomAmd an the wMtY. 1ims of said ieanarlvouia JAwsto- 114, a; shore an the; Final Subdivision flak, for Neums ?. 8pa1?t psap4zvd by Q@Ciit J. sits Unce .?, x", , ? Sad is (NdriiWatown, ' rannsyitauia) j and vecox" in the Cumberland County i4cox&W of Doa& OM AM as r 29, 1979 (heseiuafter that, wly,zwd subdivision Plan"); tbesin 8:, 69. 510 19" W. for a distance of 212.12 feat to a oamarets mon meat; 'fir X. 149 00+ 26" W. for w distmoe of 102.50 last to a ticamp '--S modrmsatt; tbssce, !x.'69• $1, 19" W. for s distance of 330.03' to an iron pia; theaas, a. 070 00' 00" W. for a distaaae of 312.63 foot to an•iron pia.. thence, 11."7i° Sl- 34' 3. for ¦ dists- of 190 foot' to a oasozote sscu mat; tbaae, 9. 14° 00' 26" Z. for a distance of 117.74 ' feet to a oomarite' soromeat; thous, 1A 73. 99' 34" Z, for a distance of 30 feet to an iman pin; tbAnae, s. 140 29' 00" s. lot a distanoi of 109.25 last to an iron pin; theme, V. 69. $1, 10. 2. for a distance of 263.62 feet to &a iraa pin oat the westerly right of wavy Line of said, lrania,Wsate 114 as abown on the Final Sabdivision.Ptsa; tom .. s• ss9 31' 19" M. to a point on the cantarline of slid pewM1vaala aorta 114; than=, in a southerly dtrectiou sloug said oeaterline to a'point, the place of SPGI16 M. COMIUMM 2.6072 acres, saaro or lose. a=t Mw sunaM, &avertheless, to "somata and rights of way of record or vis blet on the said.primises sad also to conditions said restrictions contained in the Haul Subdivision Rl". SO= the aasta premiss which Wassiaa.!. Spahr, a widower, bs deed dated Decodaer 14, 1979 and -record" bseamb W 18, 1978 14 Cumberland County is Deed book Volume 438' at page 37, grea3tsd cud aoa*uyed unto Raymond S. Swain and P"031 anu Swann, lam wife. 1(1767PG3672 08/31/2007 8:32AM 3355 Department of the Treasury - Internal Revenue Form 668 m(c) Notice of Federal Tax Lien fRsv. Februanr 2004) 71.. A / I -ft rV RMI Serial Number For Op*xW use by Ree drdft 0 Area: WAGE & nMESTMENT AREA #1 Lien Unit Phone: (800) 829-7650 352432307 n A?• 1-fl va s X As pmvMW by secdoa 6321, 6322, sad 6323 of the hOmal Rwenae Cade, we are *kg a aWm tint taxes (bltcbuft loteast md' penaldes) ? /S4 0.? bwe bew aWeasei Spirit the fo?owie ae?.d . We baffa made + f i 9 o f'/Y e ore, d. Tba a deaud for papoeee of dde liability, bat !t rws =pa dwm is a lien In favor of the Cloned Stan m A property and d&ft to n ,v property bdonaft to tads taxpsyar for the anowt of these takes, aad -C ° ??i add dond sad. coats tat way acaue• ? Name of Taxpayer RAYMOND S & PEGGY SWAIN Residence 2434 S MARKET ST MECHANICSBURG, PA 17055-5553 ,. co FMFMAWr RBLEM INFO04ATION: For each assessment Hated below, x- -? unless notice of the Nan is rsffled by the. date given in cokirnn (a), this notice shale, on the day following such date, operate as a certificate of release as dafMeti In IRC 6326(a). Ferlod T d e Daft of for Last D r Kind of Tau Eafts Ma Mmuber W n Assewmetrt i t a(Aasaament a 1 b c d e 1040 12/31/1999 XXX-XX-6644 05/29/2000 06/28/2010 776.70 1040 12/31/2000 XXX-XX-6644 05/28/2001 06/27/2011 1650.49 1040 12/31/2003 XXX-XX-6644 04/10/2006 05/10/2016 1435.38 1040 12/31/2004 XXX-XX-6644 05/30/2005 06/29/2015 1621.77 1040 12/31/2005 XXX-XX-6644 05/22/2006 06/21/2016 2216.93 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total 1$ 7701.27 This nodce was prepared and signed at DETROIT, MI the 20th day of March 2007 , on this, Signature {? At. Y?? ACS 11- 0 0 0 0*0 0 for DEBRA K+. HURST (800) 829-7650 (NOTE Certificate of officer m*wdized by law to take acknowledgment Is not eseentieel to the vaNdity of Notice of Federal Tax "n Rev. Rid. 71-466,1971 - 2 C.B. 408) Form 661M(c) (Rev. 2-2004) raft t - K"t fly Ruwdleg 0! CAT Nn AMn95X SoTokol q; &aft +Y '010barVA"' ,?. . _ Ftrm1688 (Y) (c) 101 U B ','14 l Department of the Trenury • Internal Revenue Sorvlcs r " 107) Notice of Federal Tax Lien I^ - r+ Cod** we an gWft ti Holies! Mat taxes (Including Interest and penalties) r, property t>Mp to this taxpayer for the amount of thews taxes. and ' : - additional psnallMs, MtKest, arid. costs that may accrue. .. . . ri Residence 2434 S MARKET ST N:. (d) :?. r+ Y ` • • IT o of FMng l yr Prothonotary Total $ Cumberland County 22040.13 5 Carlisle, PA 1'7013 Pittsburgh, PA 's his notice was prepared and signed at , on this, , October 1998 20th e da Y of • re ..t- ,r /?/ far PATR I C I BE'f-L'E-O 4;4*T S Title MANAGER 23-01-0000 'OTE:Cedik" of oAkyrmuVwWd bybwao ob ?6 trot merdLU b the IWWdAoft ofFoc*W Taxhn Roc " 71.M jj7j.& CA 4W EF;j} . ' PART I • Karr w R[oomw amce Form no M {e1 ? "j) - -.:.. CAT. No NO= fNatrlet Serial Number dfiq Wks Fa Opr?oesr the ep R?ao+ PENNSYLVANIA 2398410'10 ry 63n, and 6323 of the Internal Revenue As pr?otiidad by sactkH» 6321, . have been assessed against the following-named taxpayer. We have made F TL • . ?tr demand for psymtlM of tht: liability. but it remains unpaid. Therefore, ? . there Is a pert In tailor of the Witted States on all property and rights to - . 1Name WTntpbpet RAYMOND S R PECGY SiiATN ..• ••••' ltFChA?FIf.f;Bt?KG, PA I7A i?.••"?5? 1MPCRTANF R(sI.EASE INFORMATION: For each assessment listed beivw. •? ccl unleea tx>sce of ON is rued by the dale given in :column (a). this nodes shag, on tlrs day tollawNg such date, operate as a certificate of release as defined in . c.?z? ?q as?3 ?a ?333r? e ? Mrid'ofTax Tax Period Ended Identifying Number Deb M Assessment Last Da Reflii y for ng Unpaid tifNarlar of Assessment r(s'j N (c) (e) l? 1040 12/31/1997 190-26-66 44 05/04/1998 05/09/2008 22040.13 4 a ?ig1HX3 Zo ?A. 00 00 00 SHERIFF'S RETURN - REGULAR `CASE NO: 2007-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SWAIN RAYMOND S ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWAIN RAYMOND S the DEFENDANT , at 1915:00 HOURS, on the 27th day of September, 2007 at 2434 SOUTH MARKET ST MECHANICSBURG, PA 17055 RAYMOND SWAIN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge io,3I16? So Answers: 18.00 10.56 .00 10.00 R. Thomas Kline .00 38.56 10/09/2007 MILSTEAD & ASSOCIATES Sworn and Subscibed to before me this By. day Deputy S eriff of A. D. SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SWAIN RAYMOND S ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWAIN PEGGY ANN the DEFENDANT , at 1915:00 HOURS, on the 27th day of September, 2007 at 2434 SOUTH MARKET ST MECHANICSBURG, PA 17055 RAYMOND SWAIN, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 IDI31'u1 L - ? 16.00 10/09/2007 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy S erif of , A.D. SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2007-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SWAIN RAYMOND S ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 9th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 6.00 Out of County 9.00 Surcharge 10.00 . Thomas Kline Dep Dauphin County 45.00 Sheriff of Cumberland County Postage .97 L 70.97 10/09/2007 MILSTEAD & ASSOCIATES Sworn and subscribe to before me this day of A. D. s In The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of New York vs. Raymond S. Swain et al SERVE: The United States of America No. 07-5607 civil Now, Septgnbsr 26, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of.Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA Office of tk?E *4prfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania THE BANK OF NEW YORK vs County of Dauphin THE UNITED STATES OF AMERICA Sheriff's Return No. 1370-T - - -2007 OTHER COUNTY NO. 07 5607 AND NOW:October 2, 2007 MORTGAGE FORECLOSURE at 2:10PM served the within upon THE UNITED STATES OF AMERICA by personally handing C/O US ATTORNEY GENERAL to PATRICIA WISCOUNT RECEPT 1 true attested copy(ies) of the original MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET HARRISBURG, PA 17108-0000 Sworn and subscribed to before me this 2ND day of OCTOBER, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? k;7 Sheriff of Dauphin County, Pa. ? w? Deputy Sheriff Sheriff's Costs:$45.00 PAID BY COUNTY WONG ti JASON AARON GREEN Attorney I.D. 203462 1235 Firwood Drive Pittsburgh, PA 15243 (412) 498-8381 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 20 Broad Street New York, NY 10005, Plaintiff, Vs. Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055 and Peggy Ann Swain 2434 South Market Street Mechanicsburg, PA 17055 and The United States of America c/o U.S. Attorney General 228 Walnut Street, Suite 20 Harrisburg, PA 17108 Defendants ATTORNEY FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term CIVIL. ACTION MORTGAGE FORECLOSURE ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes Jason Aaron Green, Esquire, and on behalf of Defendants RAYMOND S. SWAIN and PEGGY ANN SWAIN and files the within Answer to Complaint in Mortgage Foreclosure. 1. The Defendant admits to the allegations set forth in Paragraphs 1, 2, 3, 4, 5, 6 and 7 of Plaintiff's complaint. 2. The Defendant specifically denies each and every allegation set forth in Paragraph 8 and strict proof is demanded at trial. 3. Defendant is without knowledge sufficient to form an answer to Paragraphs 9 and 10. WHEREFORE, Defendants, RAYMOND S. SWAIN and PEGGY ANN SWAIN, respectfully requests that the Court require strict proof of all allegations prior to the entry of any foreclosure judgment for the subject property in this case and that the Court grant such other and further relief as is appropriate. Respectfully submitted, Jason Aaron Green, Esquire PA I.D.# 203462 1235 Firwood Dr. Pittsburgh, PA 15243 (412) 498-8381 VERIFICATION I, Jason A. Green, Esq., do verify that statements made in said answer are true and correct to the best of my knowledge. The reason for the substitute verification is that Defendants and their counsel are a significant distance away and time is of the essence to file said answer. I understand that false statements made herin are made subject to the penalties of 18 Pa.C.S. 4904. Respectfully, Jason Aaron breen, Esquire CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Answer to Complaint in Mortgage Foreclosure upon the person and in the manner indicated below, Chrisovalante P. Filakos, Esquire Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Via U.S. First Class Mail, postage prepaid Dated:--111-7)( C?T,yf -7 7 Jason Aaron Green, Esquire c? C+t1 ? ka Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 YN TAF VnITUT n1 irnMMnN PT.FAQ CITMRTi12I.AND r'(IYTNTV PFNNQVI.VANTA The Bank of New York Plaintiff V. Raymond S. Swain Peggy Ann Swain Defendant CIVIL ACTION FORECLOSURE NO: 07-5607 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant(s) in the above matter. Date:'' //40 Attorney for Defendants, Michael E Stosic, Esq Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 913-5300 nit A f Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 Twr T7TT 9+ll7T"l v lr%w n9-1ARl&RIIW DT L' AC I-TTRX-01 TJT ANn !'YITTNTV V1 NNQVT.VANTA 1111 1111:1 \.V V1\1 The Bank of New York CIVIL ACTION Plaintiff FORECLOSURE V. Raymond S. Swain Peggy Ann Swain Defendant NO: 07-5607 ANSWER and NEW MATTER 1. Defendant is without knowledge sufficient to form an answer 2. Admitted 3. The Defendant specifically denies each and every allegation in paragraph 3 and strict proof is demanded at trial. By way of further answer, to the extent that Paragraph 3 refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in Paragraph 3 are conclusions of law to which no responsive pleading is required. 4. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 5. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 6. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 7. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. By way of further answer, Defendant is entitled only attorneys fees actually occurred and strict proof is demanded. 8. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 9. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 10. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. NEW MATTER 11. The Defendant hereby incorporates all prior paragraphs as herein stated. 12. The claim is barred by laches. 13. The claim is barred by the statute of limitations. 14. The claim is barred by equitable estoppel. 15. The claim is barred by negligence. 16. The claim is barred by novation. 17. The Plaintiff lacks standing to assert the claim. 18. Attorneys fees are in excess of reasonable rate and not a sum certain. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said pleading are true and correct. The reason for the substitute verification is that Defendant and her counsel are a significant distance away and time is of the essence to file said answer. Defendant will send a substitute verification. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications. Respectfully Michael E Stosic Esq cp Az f Y MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 1.06906 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5, Plaintiff, Vs. No.: 07-5607 Raymond S. Swain, CIVIL ACTION MORTGAGE FORECLOSURE and Peggy Ann Swain, and The United States of America c/o U.S. Attorney General, Defendants. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series 42002-5, by its attorney, Heidi R. Spivak, Esquire of Milstead & Associates, LLC, and hereby moves this Honorable Court to enter summary judgment against Defendants, Raymond S. Swain and Peggy Ann Swain in this mortgage foreclosure action and in support thereof avers the following: 1. INTRODUCTION 1. This motion for summary judgment (the "Motion") comes before this Court upon an action in mortgage foreclosure. The Complaint in Mortgage Foreclosure was filed on {00204944} September 25, 2007. A copy of the Complaint in Mortgage Foreclosure is attached hereto as Exhibit "A" and made a part hereof. 2. Defendants, Raymond S. Swain and Peggy Ann Swain, (the "Defendants"), filed an Answer in which they effectively admit all of the allegations of the Complaint or answered with general denials and have failed to specifically deny the mortgage default. A copy of Defendants' Answer is attached hereto as Exhibit "B" and made a part hereof. II. PARTIES 3. Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (the "Plaintiff'), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 4. Defendants are adult individuals and are the titled owners of the real property commonly known as 2434 South Market Street, Mechanicsburg, PA 17055. III. BACKGROUND 5. On July 25, 2002, in consideration of a loan in the principal amount of $132,300.00, the Defendants executed and delivered to Equity One Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 9.0 percent per annum, payable as to the principal and interest in equal monthly installments of $2,614.83 commencing September 1, 2002. The current interest rate is 11.125 percent per annum. The Note is attached hereto as Exhibit "C" and made a part hereof. 6. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Equity One Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated July 25, 2002, recorded on August 7, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1767, Page 3656. The Mortgage is attached hereto as Exhibit "D" and made a part hereof. Plaintiff is (00204944) the proper party Plaintiff by way of recorded assignment. A copy of the Recorded Assignment is attached hereto as Exhibit "E" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 2434 South Market Street, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "F" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal ................................ $128,068.46 Accrued but Unpaid Interest from 11/1/06 to 2/11/08 @ 11.125% per annum ($35.53 per diem) ......................................$17,990.13 Accrued Late Charges ....................................$872.14 Appraisal ..................................... .......$100.00 Property Inspections ........................ ......$534.00 Escrow Advance ........................................$16,168.22 Title Search Fees .................................... ........$350.00 Monies in Suspense ................................ ... ($1,000.00) Deferred Late Charges ............................ .....$1,356.34 Insufficient Funds Charges ..................... ..........$50.00 Reasonable Attorney's Fees ................... .....$1,250.00 TOTAL as of 2/11/2008 ......................... .$165,739.29 Plus, the following amounts accrued after September 24, 2007: Interest at the Rate of 11.125 per cent per annum ($35.53 per diem); Late Charges of $63.00 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.'l680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing {00204944} to the Defendants at 2434 South Market Street, Mechanicsburg, PA 17055 on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act 91 Notices are attached hereto as Exhibit "G" and made a part hereof. 11. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 12. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants admit the default, but fail to specifically dispute the amount of the default. 13. Because Defendants' Answer does not create a genuine issue of material fact, this matter is ripe for disposition by way of summary judgment. (00204944) IV. CONCLUSION 14. For the foregoing reasons, Plaintiff respectfully requests an order granting its motion for summary judgment and striking the Answer of the Defendants. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC BY: Heidi R. ivak, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 {00204944} MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 1.06906 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and No.: 07-5607 CIVIL ACTION MORTGAGE FORECLOSURE The United States of America c/o U.S. Attorney General, Defendants. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 1. INTRODUCTION The within matter is a mortgage foreclosure action. The Defendants, Raymond S. Swain and Peggy Ann Swain have filed an Answer in which the Defendants answered with general denials and have failed to specifically deny the mortgage default. Accordingly, there is no genuine issue of material fact to consider in this Court, and Plaintiff is entitled to judgment as a matter of law. II. STATEMENT OF FACTS Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (the "Plaintiff'), is a NY corporation registered to conduct business in (00204944) the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. Defendants are adult individuals and are the titled owners of the real property commonly known as 2434 South Market Street, Mechanicsburg, PA 17055. A. BACKGROUND On July 25, 2002, in consideration of a loan in the principal amount of $132,300.00, the Defendants executed and delivered to Equity One Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 9.0 percent per annum, payable as to the principal and interest in equal monthly installments of $2,614.83 commencing September 1, 2002. The current interest rate is 11.125 percent per annum. The Note is attached hereto as Exhibit "C" and made a part hereof. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Equity One Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated July 25, 2002, recorded on August 7, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1767, Page 3656. The Mortgage is attached hereto as Exhibit "D" and made a part hereof. Plaintiff is the proper party Plaintiff by way of recorded assignment. A copy of the Recorded Assignment is attached hereto as Exhibit "E" and made a part hereof. The Mortgage encumbers the Property which is more fully described in Exhibit "F" attached to the Affidavit and made a part hereof by reference. Defendants are the real owners of the Property encumbered by the Mortgage. The Defendants are now in possession of the Property. B. DEFAULT AND RELIEF REQUESTED The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon (00204944) have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage and Note: Balance of Principal ................................$128,068.46 Accrued but Unpaid Interest from 11/1/06 to 2/11/08 @ 11.125% per annum ($39.03 per diem) .............................. ........$17,990.13 Accrued Late Charges ....................... .............$872.14 Appraisal ................................. ...........$100.00 Property Inspections .................... ............$534.00 Escrow Advance ................................ ........ $16,168.22 Title Search Fees ............................... .............$350.00 Monies in Suspense ........................... ........ ($1,000.00) Deferred Late Charges ....................... ..........$1,356.34 Insufficient Funds Charges ................ ...............$50.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 2/11/2008 ..........................$165,739.29 Plus, the following amounts accrued after September 24, 2007: Interest at the Rate of 11.125 per cent per annum ($35.53 per diem); Late Charges of $63.00 per month. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2434 South Market Street, Mechanicsburg, PA 17055 on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act 91 Notices are attached hereto as Exhibit "G" and made a part hereof. III. ARGUMENT There is no genuine issue of material fact as to Defendants' obligations under the Note and Mortgage and default on their obligations under the Note and the Mortgage. Thus Plaintiff is entitled to judgment as a matter of law. Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment will be granted if: {00204944} After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report... Pa.R.Civ.P. 1035.2; Eckenrod v. GAF Corp., 375 Pa. Super, 187, 192, 544 A.2d 50, 53 (1988), allocatur denied, 520 Pa. 605, 553 A.2d 968 (1988); McCain v. Pennbank, 379 Pa. Super. 313, 318-319, 549 A.2d 1311, 1313-14 (1988); see, also, Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Musser v. Vilsmeier Action Co., 522 Pa. 367, 753, 562 A.2d 279, 280 (1991) (Summary judgment is proper where the facts are undisputed and only one conclusion may reasonably be drawn from them, that is, in those cases that are clear and free from doubt). A non-moving party may not rely merely upon controverted allegations in the pleadings, but must set forth specific facts by way of affidavit, or in some other way as provided by Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, demonstrating that a genuine issues exists. Atkinson v. Haug, 424 Pa. Super. 406, 411, 622 A.2d 983, 985 (1993). Bald, unsupported assertions of conclusory accusations cannot create genuine issues of material fact. McCain, 379 Pa. Super. at 318-19, 549 A.2d 1313-14. In this case, there is no genuine issue of material fact as to Defendants' default on their obligations pursuant to the Note and Mortgage (sometimes hereinafter collectively referred to as the "Loan Documents"). The Loan Documents state that as conditions of the Loan Documents, Defendants must make all payments in the Loan Documents when due and in the amount due. The Defendants did not specifically deny the default under the Loan Documents. The Loan Documents also state that if this condition is breached, Plaintiff may declare the Mortgage to be in default, demand immediate payment of the Note and foreclose on the Mortgage and Property. Notably, upon default, there is no requirement that Plaintiff provide notice of the acceleration prior to acceleration. According to the Loan Documents, Plaintiff may recover the attorneys' {00204944} fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. The Defendants essentially admit the material facts set forth in Plaintiff's Complaint, which include, inter alia, the existence of the Loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default of the Mortgage. Again, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants do admit the default but fail to specifically dispute the amount of default. Defendants' Mortgage account is contractually due for the period of December 1, 2006 to date, a period of over twelve (12) months to the date of the filing of this Motion. Thus, Defendants are living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action in Mortgage Foreclosure was filed and, as of this date, Defendants have failed to bring the account current. Since the Defendants do not dispute the default under the Loan Documents there is no material fact subject to a genuine dispute. Again, the Defendants make bald unsupportable claims that cannot defeat summary judgment as the Defendant do not dispute the default under the Loan Documents. Accordingly, the instant matter is ripe for summary judgment. {00204944} IV. CONCLUSION WHEREFORE, for the foregoing reasons, Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, respectfully requests that summary judgment be entered in its favor and against the Defendants, Raymond S. Swain and Peggy Ann Swain. Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC BY: ?Lllink Heidi R. ivak, Esquire 220 Lake Drive East, Ste. 301 Cherry Hill, NJ 08002 Attorney for Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (00204944) MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 1.06906 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5, Plaintiff, Vs. No.: 07-5607 Raymond S. Swain, CIVIL ACTION MORTGAGE FORECLOSURE and Peggy Ann Swain, and The United States of America c/o U.S. Attorney General, Defendants. CERTIFICATE OF SERVICE I, Heidi R. Spivak, hereby certify that I have caused to be served a copy of Plaintiff s Motion for Summary Judgment with Supporting Affidavit, Memorandum in Support of Plaintiff's Motion for Summary Judgment and proposed form Order by first class mail, postage pre-paid this `I day of 2001B upon Defendants' Counsel addressed as follows: Jason Aaron Green, Esquire 1235 Firwood Drive Pittsburgh, PA 15243 Heidi R. Spi , Esquire {002049441 MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o U.S. Attorney General, Defendants. AND NOW, this day of Attorney for Plaintiff File: 1.06906 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 CIVIL ACTION MORTGAGE FORECLOSURE ORDER 2008, upon consideration of the Motion of plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, ("Plaintiff'), for Summary Judgment (the "Motion"), and the responding papers thereto and the arguments of counsel, if any, it is hereby: ORDERED AND DECREED that the Motion is hereby GRANTED; and it is further ORDERED that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Raymond S. Swain and Peggy Ann Swain, in the amount of $165,739.29 {00204944} together with interest from and after September 24, 2007 at the per diem rate of $35.53 per diem, and Late Charges of $63.00 per month, plus attorneys' fees and costs of suit. BY THE COURT: J. {00204944} MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o U.S. Attorney General, Defendants. Attorney for Plaintiff File: 1.06906 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 CIVIL ACTION MORTGAGE FORECLOSURE STATE OF NEW JERSEY : COUNTY OF CAMDEN SS. Victor Parisi, being duly sworn to law, deposes and says that: I. I am a Vice President of Default Operations of Popular Mortgage Servicing, Inc. f/k/a Equity One, Inc. and am fully familiar with the facts contained herein. 2. Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (the "Plaintiff'), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 3. Defendants are adult individuals and are the titled owners of the real property commonly known as 2434 South Market Street, Mechanicsburg, PA 17055. {00204944} 4. On July 25, 2002, in consideration of a loan in the principal amount of $132,300.00, the Defendants executed and delivered to Equity One Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 9.0 percent per annum, payable as to the principal and interest in equal monthly installments of $1064.52 commencing September 1, 2002. The current interest rate is 11.125 percent per annum. The Note is attached hereto as Exhibit "C" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Equity One Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated July 25, 2002, recorded on August 7, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1767, Page 3656. The Mortgage is attached hereto as Exhibit "D" and made a part hereof. Plaintiff is the proper party Plaintiff by way of recorded assignment. A copy of the Recorded Assignment is attached hereto as Exhibit "B" and made a part hereof. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2434 South Market Street, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "F" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................$128,068.46 Accrued but Unpaid Interest from 11/1/06 to 2/11/08 @ 11.125% per annum ($35.53 per diem) ......................................$17,990.13 {00204944} Accrued Late Charges ....................................$872.14 Appraisal .............................................$100.00 Property Inspections .................................$534.00 Escrow Advance .................. ......................$16,168.22 Title Search Fees ................. ...........................$350.00 Monies in Suspense ............. ..................... ($1,000.00) Deferred Late Charges ......... ........................$1,356.34 Insufficient Funds Charges .. .............................$50.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 2/11/2008 ..........................$165,739.29 Plus, the following amounts accrued after September 24, 2007: Interest at the Rate of 11.125 per cent per annum ($35.53 per diem); Late Charges of $63.00 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'l680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2434 South Market Street, Mechanicsburg, PA 17055 on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act 91 Notices are attached hereto as Exhibit "G" and made a part hereof. 10. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. 11. In the Answer, the Defendants admit that the mortgage payments are in arrears by failing to specifically deny the arrears. The Defendants do not specify the amount they believe is due under the Note and Mortgage. In other words, the Defendants admit the default, but fail to specifically dispute the amount of the default. {00204944} i I certify that the foregoing statements made by me are true and correct. I am aware that if any of the statements made by me are willfully false, I am subject to punishment. BY: Victor Parisi Sworn to and Subscribed Before me this S? day Of ,DQce,^,, b LL/?-- , 2007 Notary Public CHENiTA C. MITCHELL NOTARY PUBLIc OF NEWJEM Qwts m sr=l2 (00204944) r MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 _..._:.._._ _...._.. 20 Broad Street New York, NY 10005, Plaintiff, Vs. Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055, and Peggy Ann Swain 2434 South Market Street, Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. {00193502} ` Attney for P tiff Fi :1.06906 -OU ON PL1 CUMBERLAND COUNTY No.. D7 3407 Civi i Teary, CIVIL ACTION MORTGAGE FORECLOSURE C ? r- C Wr r ? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance. personally or . by attorney and filing in writing with the Court your defenses or objections. to the claims set forth against you. You are warned. that if you fall to'do so the case may- pr oceed without you, and a judgment may be entered against you by the court ...,.without further notice for any money claimed in the complaint or for any- other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT., HAVE A: LAWYER OR CANNOT AFFORD ONE, GO TO OR. TELEPHONE THE 'OFFICE SET FORTH. BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association .32 S. Bedford Street Carlisle, PA 17013 717-249-3166 {00193502} r *A k*fe******************+k**sk?kckiek**irk**************et+k***********fk*?t**i?*******R*irk**YC*****ieie****iF***a1t NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice; the debt will be assumed to be -valid by our.-.,. offices. 3. if you notify our offices in writing within 30 days of receipt of this notice that the.debt, or any portion thereof, is disputed, our offices will provide you with verification of the debtor copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00193502} MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620. . 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through . Certificate Series #2002.5 20 Broad Street New York, NY 10005, Plaintiff; Vs. Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055, .and.. Peggy Ann Swain 2434. South Market Street Mechanicsburg, PA 17055, and The United .States of America c/o U.S. Attorney General 228. Walnut Street; Suite 220 Harrisburg, PA 17108, Attorney for Plaintiff %-%jUx\A WE 1.V1V11V1V1`I riano to CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (the "Plaintiff'), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. {00193502} 2. Defendants, Raymond S. Swain and Peggy Ann Swain, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Raymond S. Swain, Defendant, resides at 2434, South Market Street, Mechanicsburg, PA 17055. Peggy An,, Swain, Defendant; resides at 2434 South Market Street, Mechanicsburg, PA 17055. The United States of America c/o the U.S. Attorney General, Defendant, is located at 228 Walnut Street, Suite 220, Harrisburg, PA 17108. 4. On July 25, 2002, in consideration of a loan in the principal amount of $132,300.00, the Defendants executed and delivered to Equity One Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 9.0 percent per annum, payable as to the principal and interest in equal monthly installments of $1064.52 commencing September 1, 2002. The current interest rate is 11.125 percent per annum. ..5. To.secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Equity One Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated July 25, 2002, recorded on August 7, 2002 in the Department-of Records in and for the County of Cumberland under Mortgage Book 1767, Page 3656. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2434 South Market Street, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are {00193502} due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$128,068.46 Accrued but Unpaid Interest from l l/l/06 to 9/24/07 @ 11.125% per annum ($39.03 per diem) ......................................$12,801.84 . Accrued Late Charges .................... ................ $ 560.00 Corporate Advance ..........................................$11.50 Escrow Advance ........................................$16,168.22 Title Search Fees ............................................$350:00 Monies in Suspense ................................... _$1,000.00 Deferred Late Charges .................................$1,356.34 Insufficient Funds Charges ...............................$50.00 Reasonable Attorney's Fees..... ....................$1;250.00 TOTAL as of 09/24/2007 ........................$150,616.36 Plus, the following amounts accrued after September 24, 2007: Interest at the Rate of 11.125 per cent per annum ($39.03 per diem); Late Charges of $63.00 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session .of the General Assembly ("Act 91 of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2434 South Market Street; Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 10. The United States 'of America is being sued pursuant to 28 U.S.C Secton 2410 relating to Federal Tax Liens. Copies of the Tax Lien information pertinent thereto is attached {00193502} hereto as Exhibit "B" and made a part hereof The same is incorporated herein by reference as if. fully set forth at length herein. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $159,616.36, plus the following amounts accruing after September 24, 2007, to the date of judgment: (a) interest of $39.03 per day, (b) late charges of. $63.00 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOC TES, LLC Chrisovalante P, Fli s, Esquire Attorney for Plaintiff {00193502}. VERIFICATION. I, Chrisovalante P. Fliakos, hereby certify that. I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,, information and belief. This verification is made subject to the penalties. of 18 Pa C. S. ' 4964, relating to unworn falsification to authorities. Name: Chrisovalante . Fliakos, Esquire Title: Attorney {00193502} Au€•31. 2007 10:25AM Franklin Real Estate Carlisle No.5834 P. 18 TA -Lm= pEOCRIMm = t1LAt eartain tract of 1"d with imuovmmts erected thereoa in tba: ToMtehip Of tipper 111le6 Cvaaiy of lead, Cosoonxealth of Immalvanis, botnded and durtribee! as fpllors s GriLLEZlili ab a +oir?ti m" point being located an tha cantarlins of Peaasy7.venia poui* 114 (Zeeiilative.Roote 416) ; thence, $. $00 51' 19" :1f., to an A,roa - Pin locritad on the wgat*x1y. dedia;tted right of imy line of said 1honsyivosix Amba 114, am shorn on the:8'inal $Wadivisiou Platt, f'ox .l4vtman X. 8psbt: psr6PA&V 4 by.tiersit Jr. Darts 7t486.014 es I. lncs. I ungint "i aid •Un*YOVS . (8hiV4aMst(Aa, Vmusyliiaaia) t and vo o? Ln 'the Cueberlend .Coap.t y 2*009449: of DO*" Offiaa, on momdmr 29, 1978. (hereinafter tbs. uftml.89bdivision plads); thomm O+, 60° 51' 190 W.• fox a d3,stsnoe 99 212.12, last to a couarati sassvwrats; thence, N 14' 00! 26" ti. for' a• distance of 102.89 . teat to a' 17 MMUte morW00 t; thane, O. ' 60d 51' is" it. for A distsum of 330.031 to an Aaron pit; tboaae, p. 07"X00' 001,' A. for P. dirstactaa at 312.62 feet to an. iron Rim.-, thence, W. "75° 39' 940 S. for a . dint-ace Qf 290 test to a concrete mosumbt; thedosi S. 14° 00' 26" Z,'. for a diataaoa of 117.74 Ioet to a c omcvbt e' manxmmt; t6quos, W. 750 5S' 34" E, for a distanci of 30 feet to an iron pia; tltirt:oa, 8. 14. 26' 00° S. for a distaaoa of 109.26 feet to an Iran pia; tbenae, )t; 69° $1' 10° E. for a dd.ed:smm. of 263.62 foot to #?tt iron pin *A the xastarly right of May Lima of said, Pennsylvania, Route 114 as Mom on tbs Final Oubdivieian.itlan; tb*mca*; N.' 69• $1+ 10° X. to a point on +he caatariine of siild. Paansylvaaia uobta .114; thanaa, in a montha?tly axeotiaa along ssid o.aterline bo a'point, the place of BXGI tlMG. COp1'b21t7 Q 2.6972 acres., morn or less. vMXR AND BUBJ T, nevartbalesa, to isreoaastts and arigbt* of way of reword or visible on ttte amid jm1paieem and &Uo to couditious and restrictions aoutaLhOd is the rinal 00division Place. 83SM6 the same promises xbiah bTorsiaa .S. Spahr, a widower, br deed dated Deassbar 14, 1978 and •xaeordad becembex 18, 3078 ist Ctm+beriand Countr Ln Read Soak volute 420' at page 37, gsaated cad coatayed unto Raymoad S. Oxain and Peggy A= gonna, Us wilts, Bt i 767PG3672 08/39/2007 8:32AM • 3355 Department of the Treasury - Internal Revenue q., (Rev. February 20041 lN '?F* 6rus mc`> odce of Federal Tax Lien ?`?,?•?? ?? Area: Serial Number For Optional Use by Records g 0 WAGE & INVESTMENT AREA #1 ' n P 4/f " AA ?en Unit Phone: (800) 829-7650 L 352432347 ..7 - As provided by section 6321, 6322, and 6323 of the Internal Revenue Code,. we are gift a notice drat taxes (including (interest and penalties) Ck. /SG 4 ? have :been assessed apinst the wgowing-named taxpayer. We have made a demand for payment of this ilablty, but it remains unpaid. Ti>serefore, there. Is alien in favor of the United States on ag property and rights to property belonging to, this taxpayer for the amount of these taxes, and c o additional penaitks, hiterest, and costs that may accrue. : Name of Taxpayer RAYMOND S & PEGGY SWAIN =r .. . •; w Residence 2434 S MARKET ST e«, MECHANICSBURG, PA 17055-5553 Q i'MPORTANT RELEASE INFORMATION: For each assessment rated below, unless notice of the lien is raffled by the date given in column to), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6326(a). Tax Period Date of Lag Day for unpaid Balance Kind of Tax. Ending identifying Number Assessment 8 of Assessment (a b c d e 1040 12/31/1999 XXX-XX-6644 05/29/2000 06/28/2010 776.70 104.0 12/31/2000 XXX-XX-6644 05/28/2001 06/27/201 1 1650.49. 1040 12/31/20.03 XXX-XX-6644. 04/10/2006 . 05/10/2016 1435.38 '-1040 12/31/2004 XXX-XX-6644 05/30/2005 06/29/2015 1621.77 :1040 12/31/2005 XXX-XX-6644 05/22/2006 06/21/2016 2216.93 Place of Filing Prothonotary.. Cumberland County Carlisle, PA 17013 DETROIT, MI This notice was prepared and signed at the 20th day of March 2007 Total J$ 7701.27 , on this, Signature y y?iti for DEBRA K. HURST (40T81 CerBflcaw of officer authorized by Rev. W.71-466,1971-2 C.B. 408) Title Acs 11-00-00.00 (800) 829-7650 v to take acknowledgment Is not essential to the validity of Notice of Fadeiaf Tax lien Form B6 Part 1 - Kept. sy Reoordtng omits 8(1l7(c) (Rev. 2-20041 r.AT N6 Amax Form 668 (Y) (c) t c t Department of the Treasury • Internal Ftevsnua ;arvlco May, t Notice of Federal Tax Lien Olstrict Serlel Number For o fu U" by Alpo Xv am r'+ PENNSYLVANIA 2348490'0 I 4i /1 U 4 ) I ??' As provided by sections 6321, 5322 and 6323 of the Internal Revenue ,. Cods, we are giving a notice that taxes (Including.lnterest and penalties) have been assessed against the following-named taxpayer. We have made FTL a demand for payment of this flabllity?. but it remains unpaid. Therofcre, . !hare Is s Ilan in favor of the United States on all property and rights to --? .property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. NamsofTexpayer RAYMOND 6 a PEGGY SWAIN i.i Residence 2434 S MARKET ST MF00NICSOURG, PA 170 55-• ,':53 ON umn assessment M? ft f It I l ie l v • C no ? t l c(t ee o em s a d by the date un ess gi l en In col tice shah, . this n on thp day following such date, operate as a certificate of release as defined in I?4 `j,1 7 d 13-634 . IC[gd otTax Tax Period Ended Identifying Number Date of A Last Day for tlnpald Balsfloe df rEa)- {b} !o) ssessment Raffling Asseasmsttt (d) !e1 .. lr1 . 1¢40 12/31/1497 .190-26-5E44 05/44/1991# 05/0112008 22040.13. 1 ? } Plece of Filing ? r Prothonotary s Cumberland County Total $ 22040.13 Carlisle, PA 17013 his notice was prepared and signed at Pitt:sisurgh, PA e 20thday of October 1998 , .- 9?ahfr8 Title for PATRICI BETL{E-ZE'118it^IzAS MANAGER 23-01-0000 ?07E Ceram M Mike/ auui"%d by few to fake ooknow(edp Xs Is not asssndaf 10 fha nifty MNoike M Fed&nN lax aen f?eva A KIP PA?Tr 1 • Ks" er Raceram o OfM • .'r 4 • "•Y . on this, UL 71,404 197t.2 QA 40P) Form 880 fY) (o) (Hw i4 :i fo i• cxr. No aw= 069r? JASON AARON O MN Attorney I.D. 203462 1235 Firwood Drive ATTORNEY FOR DEFENDANT Pittsburgh, PA 15243 (412) 498-8381 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5 20 Broad Street New York, NY 10005, Plaintiff No., 0746107 Civil Term Vs. QPM ACTION Raymond S. Swain 2434 South Market Street Mechanicsburg„ PA 17055 and Peggy Ann Swain 2434 South Market Street Mechanicsburg, PA 17055 and T- he Unhed. Status o€Amcrica clo U.S. Attorney General 228 Waluut Streets. Suite 20 Harrisburg, PA 17108 Detendau?s ATTSWE_R TO tmmmAINT jN MtDItTG GE FORECLUS AND NOW comes Jason Aaron Green, Esquire, and on behalf of Defendants RAYMOND S. SWAIN and PEGGY ANN SWAIN and files the within. Answer to Complaint in Mortgage Foreclosure. 1. The Defendant admits to the allegations set forth in Paragraphs 1, 2, 3, 4, 5, 6 and 7 of Plaintiff's complaint. ?hibi? g 2. The Defendant specifically denies each and every allegation set forth in Paragraph 8 and strict proof is demanded at trial. 3. Defendant is without knowledge sufficient to form an answer to Paragraphs 9 and 10. WHEREFORE, Defendants, RAYMOND S. SWAIN and PEGGY ANN SWAIN, respectfully requests that the Court require strict proof of all allegations prior to the entry of any foreclosure judgment for the subject property in this case and that the Court grant such other and fiuther relief as is appropriate. Respectfully submitted, Jason Aaron Green, Esquire PA I.D.# 203462 1235 Firwood Dr. Pittsburgh, PA 1 S243 (412) 498-8381 V ?CA`1'1:11 N I, Jason A. Green, Esq., do verify that statements made in said answer are true and correct to the best of my knowledge. The reason for the substitute verification is that Defendants and their counsel are a significant distance away and time is of the essence to file said answer. I understand that false statements made herin are made subject to the penalties of 18 Pa.C.S. 4904. Respectfully, `r ?r Jason Aaron en, Esquire WDJUSTABLE RATE NOT* ORIGINAL (LIBOR Index - Rate Caps) KIM 1000466-0000261326-4 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. July 25. 2.002 (Dan Marlton [city] New Jersey ]scats] 2434 SOUTH MARKET STREET,MECHANICSBURG.PA 17055 Iftpaty address) 1. BORROWER'S PROMISE TO PAX In return for a loan that I have received, I•promise to pay U.S. S . 132,300.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Equity One, Inc . , dba Popular Financial Services I will make all payments under this Note in the form of cash, check or money order. . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by tr'artsfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount ofPrincipal has been paid. I will pay interest at a yearly rate of . 9.0000 %, The interest ra to I will pay may change in accordance with Section 4 of this Now The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on September 1. 2002 I will make these payments every month until f have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled' due date and will be applied to interest before Principal. If, on August 1, 2032 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 301 Lippincott Drive, Marl ton , NJ 08053 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1.054.52 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 00318372 MULTISTATE ADJUSTABLE RATE NOTE • LIBOR INDEX . $bW* Family . Freddie Mae MODIFIED INSTRUMENT Page 1 of 4 3590-81 St JB 050002 07115100 (21211-x17 nf1Tfi MULTI rrATq 4. INTEREST RATE AND MONTHLY PAYNENT CHANGES (A) Change Dates The interest rate I will pay may change on the fast day of August, 2004 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the. Index is'no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and One / Half percentage points ( 5.5000 %) to the Current Index. The Note Holder will thon round the result of this addition to the next highest one-eighth of one percentage point (0. 125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. . The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fail on the Maturity Date -at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my moodily payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12.0000 % or less than' 9.0000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one and one half percentage points (1.500 %) from the rate of interest I have been paying for site preceding six months. My interest rate will never be greater than 15, OODO• % or less than 9.0000 % over the life of the 101n, (E) Effective Date of Changes My new interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (I) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the. amount of my monthly payment beforc•the effective date of any change. The notice will include informition required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a 'Trepayment." When i make a Prepayment, I will tell the Note Bolder in writing that I am doing so, I may not designate a payment as a Prepayment.if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any .Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I awe under this Note. However, the Note Bolder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offaet by an interest rate increase. b. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Bolder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment 00318372 3590-S15N 5N a a 050003 07,11G'00 Papa 2 of 4 ass; 12128-3R7 NOTE MUM STATE) BORROWER'S FAILURE TO PAY AS REQUIRED A (A) Late Charges for Overdue Payments If the Note Holder has not received the foil amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice_of Default If 1 am in default, the Now Bolder may. send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its. costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given. by delivering. it or by mailing it by.first class mail to me at the Property Address above or at a different address if I give the Note Bolder a notice of my different address. Any notice that most be given to the Note Bolder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER Ti1lZS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 16. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentmeat and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice"of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdicdons. In addition to the protections given to the Note Holder under tills Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 00318372 Form 3090 W99 M-81 5N r.." Page 3 of 4 inatata JS 050004 (MI-3127 NOTE MULTI STATE) Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Lrstrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. Leader also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Leander exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration, The, notice shall provide a period of not less than 30 days from the date the. notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by ibis Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) 'a_a? (Seal) RAYMON S SWAIN A°°Og7" P % ?GMSWAIN -B°"°"" (Seal) (Seal) .Borrower Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) (Seal) .Bonnwer -13mrower [Sign Original Only) 00318372 M-SM (0003) P&040(4 Form 3690 3189 Ja omma Ond3127 NOT5 Merl T1 STATFJ C PRE 'AYMEIVT RIDER TO NO This PREPAYMENT RIDER TO NOTE is made this 25 day of 07 / 2 0 0 2 and is incoporated into and amends, modifies and supplements the Note of the same date given b y t h e undersigned ( t h e "Borrower") t o E q u i •t y One, I n c., d b a P o p u l a r F i n a n c i a l Se (the "Lender") and any riders or modifications Qterew ("Note"). In addition to the agreements made in the Note, Borrower and Lender further agrees as follows: I . The section of the Note entitled "Borrower's Right to Prepay" , is hereby deleted in its entirety and replaced with the following language: 4, BORROWER'S RIGHT TO REPAY; PREPAYMENT CHARGE I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a "prepayment". A prepayment of all the unpaid principal is known as a "full prepayment". A prepayment of only part of the unpaid principal is known as "partial prepayment". If I make a partial prepayment, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees W writing to those chwges. Partial prepayments shall be applied to the last scheduled installments in reverse chronological order, unless otherwise required by applicable law, starting with the final scheduled monthly installment. if the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first TWO ( 2 ) years commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree to pay the Note Holder a prepayment charge aqua[ to six (6) months' interest on the amoturt of any prepayment exceeding twenty percent (20%) of the original principal loan amount, 2. Section 3 of the Note regarding application of payments is hereby amended by adding prepayment charges to the list of "other charges". R A Y M O N D S S W A i N mod) Benmwr PFr,GY ANN SWAIN (Seal)' -(Seal) Bonowu PREPAYM W RIDER 1s1 MTQ (REV?'1» MWABHO/1w" 11 11 CERTIIFIED1ME OMY Prepared By: Michelle Pierce 301 Lippincott Drive Marlton, NJ 08053 Parml Number: Return To: Equity One, Inc., dba Popular Financial. Services 301 Lippincott Drive, Marlton, NJ 08053 ISinee Above Tidy Use For Record4tg Dataj 4 . . MORTGAGE MIN 1000466-0000261326-4 DEFINITIONS Words used in multiple sections of this docirmean are defined below and other words are defined in Sections'3, 11, 13, 18, 20 and 2t. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 25, 2002 together with all Hiders to this document. (13) "Borrower° is RAYMOND S SWAIN and PEGGY ANN SWAIN Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that-is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS Is the mortgagee under this Smurlty Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 674-MERS. 00318372 PENNSYLVANIA - Single Family - Fermis Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Farm 8039 7107 -6AtPAl101 tol Pape t of 10 MW IONt tNtfa{a/vJ VMP MORTGAGE FORMS - (SOW521, 7281 I] 11 (D) "Lender" is Equity One, Inc., dba Popular Financial Services Lenderis.a Corporatign organized and existing under the laws of Pennsylvania Lender'saddressis 301 Lippincott Drive,. Marlton, NJ 08053 (E) "Note" means the promissory`note signed by Borrower acrd dated July 25, 2002, The Note states that Borrower owes bender One Hundred Thi rty Two Thousand Three. Hundred and 6o/100 Dollars (U.S. 5132.300.00 ) plus interest. Borrower has promised to pay this debt in r6gular Periodic Payments and to pay the debt in full not later than August l,'2032 (1!7 "Properrty" means the property that is described below under the beading "Transfer of Rights in the Property." (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due tinder the Note, And all sums due-under this Security Instrument, plus interest: (H). "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Balloon•Rider Condominium Rider Planned Wit Development Rider Second Home Rider 1-4 Family Rider* VA Rider Biweekly Payment Rider other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes,. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-aapppealable judicial opinions. (J) Itmmunity Association Dues, Fees, arui Assessments" means all dues, fees, assessments and other charges that are. imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. '(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar. paper instrument, which .is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instniet, or authorize a financial institution to debit or credit an account, Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated- by telephone, wire transfers, and automated clearinghouse transfers. (L) "litscrow items" means those items that are described in Section 3. W) "Mbeeilaneous Proceeds" means any compensation, setticumt, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (i) condemnation or other taking of all or airy part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property, (N)."Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defaull'on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Noce, plus (ii) any amounts under Section 3 of this Security Instrument. 00318372/ WON CkOA1PAi pim Pies 2 of 19 ? Forrn 3039 V01 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2801 et seq.) and its implementing reguI &n, Regulation X (24 C.F.R. Part 3500), as they might be atnended from tune. to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA' refers to all requhements and restrictions that are imposed in regard to a "federally related mortgage loan' even. if the Loan sloes not qualify as a "federally related mortgage loan" under RESPA. {Q) "Successor in Iuterest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY ' This.Security Idstrtiment secures to Lender:(i) the repayment of the Loan, and all renewals,`extensions and modificstions of the Note; .and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose; Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and.iender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY (type of Recording Jutisdiccionl of CUMBERLAND [Name of Recording Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION s which currently has the address of 2434 SOUTH MARKET STREET [Skeet] MECHANICSBURG tatyl, Pennsylvania 17055 MpCode] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixture's now or hereafter a part of the property. All replacements and additions shall also be covcred by this Security Instrument. All of the foregoing is referred to lit this Security Instrument as the "Property.' Borrower understands and agrees that, MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if neoessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including,' but not limited to, releasing and canceling this Security Instrument. 00318372 tSAWA) tot col ftV0 3 of to Form 3039 1101 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims ana demands, subject to any encumbrances of record. TEAS SECURITY INSTRUMENT combines. uniform covenants for national, use and non-'uniform. covenants with limited variations by jarisdiction to coustitune a uniform security instrument covering real propert}'- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment oP 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. Now. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Paymens dike under the Note and ibis Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this 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 gheck, 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, . •,Kw Payments are deemed received by Lender when received to 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,panial payments are Insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loafs current. without waiver of any rights hereunder or prejudice to Its nights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within •a reasonable period of time, Lender shalt either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which.Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:. (a) interest due under the Note; (b) principal due under the Now, (c),amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a 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 0031$372 if ff? I?tia4: ??SA(PA) totiQi rapsoofto ,• ? Form3039 1/01 can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such, excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or. postpone the due data, or change the amount, of-die Periodic Payments. I 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 .Property, if any; (c) premiums for any and,-all insurance required by Lender under Section 5;-arid (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower'to Lender in lieu of ttie 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, Lander may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such does, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender ail .notices of amounts to be paid.under this Section. Borrower shall pay Lender the Funds for, Escrow Items unless Lander 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 diredtly, 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 evidenemg such payment within such time period as. Lender'tnay 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 Instrumem, 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 shalt ,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 J5 and,. upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in -an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RBSPA, and (b) not to exceed the maximum amount a tender can require under RFSPA. Lender shall estimate the amount of Funds due on the basis of currant data and reasonable estimates of expenditures of future Escrow Items' or otherwise in accordance with Applicable" Law. The Funds shall be held in au 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 Borne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on rite Funds. Borrower and Lender can agree in writing, however, that interest 00318372 INdat? Q SAWAt tit lot rag- s of 1.0 Form 3039 1101 4 0 0 shall be Paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RBSPA. , , If there isa surplus. of Funds held is escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with OSPA. If then is a shortage of Funds held in escrow, as defined under RESPA, Lender shalt 'notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by.RPSPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accerdaiiee with RESPA, but in no more than 12 monthly payments. Upon payineat in'full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender: 4. Charges; Liens. Borrower shalt pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Seanrity Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent thdt these hems are Escrow Reins, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge 'any lien which has piniority over this. Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a inamier acceptable m Lender, but only so long as Borrower is performing such agreement; (b) a0 tests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Gender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from. the holder of the lien an agreement *atisfactory to Lender iubordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is.given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the. improvements now, existing or hereafter erected on the Property insured against loss by tire,. hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes -and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lander requites pursuant to the preceding sentences can change during the term of the Loan. The insurance Cartier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-tithe charge for flood zone determination, certification and tracking, services; or (b) a one-time charge for flood zone determination and cenitication services and subsequent charges each time rernappings 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 or any flood zone determination resulting from an objection by Borrower. 00318372 InkI Form 3039 SAtPAI roi 10) raga 6 d 18 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Botrower's expense; Lender is under no obligation to purchase any particular. type or amount. of coverage. Therefore, such coverage shall cover Lender, but might or might not. protect Borrower, Borrower's equity in the Property,, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and sha4 be payable, with such .interest, upon notice from Lender to Borrower requesting payment. " All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, 'shall include a standard mortgage clause, and shag name Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains- any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sliall include a standard mortgage clause and shall name realer as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notiee to the insuranoewaaier 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, whetheY or'not the underlying insurance -was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or, repair 4 economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall haw the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be requited to pay Borrower any 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 stuns 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 3"y 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 itisurance proceeds in un amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eidier to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 00318372 OVA1FA1 101 rai rsye7 of 18 Form 3039 1/01 0 0 G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after, the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or.uniess extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspectlons:. Borrower shall not desiroy, damage or impair (he Property, allow the Property to deteriorate or commit waste on the Property.. Whether or not Borrower is residing is the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible, borrower shall promptly repair the Property, if damaged to. avoid fdrther 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 Properly. only if /reader has released proceeds for such purposes. Lender may disburse proceeds for the -repairs and restoration in a single payment or in a series of progress payments as the work Is completed. If the insurance or. condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspectione.of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. • Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. 'Borrower's Loan Application. Borrower' shall be in defatilt if, during the Loan application process, Borrower or any persops or entities acting at the direction of Borrower or with -Borrower's knowledge or consent gave materially false, misleading,. or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited. to, representations concerning Borrower's occupancy of the Property as Borrower's principal'residence. 9. Protection of Lender's Interest in the. Property and [tights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might.significantly affect Lender's interest in the Property and/or. rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the'Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security 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 limited to: (a) paying any sums secured by alien which has priority over this Security instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a' bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 00328372 ( ,eAiPA) {01101 Papea W 15 Form SD38 1101 Any.amdunts disbursed by tender. under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shalt bear interest at the Note rate. from the date. of disbursement and shall.be payable, with such interest, 'upon notice from tender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the tease. If Borrower acquires fee title to the Pioperty, the leasehold and the fee tide shall not merge unless lender agrees to the merger in wrltttg. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain tine Mortgage Iusurw=.1n effect. If, for. any reason, the Mortgage Insuiatice. coverage required by Lender'oeases to be available from.the mortgage insurer that previously provided such insurance and Borrower was required to make separately desigzaW payments toward the premiums for Mortgage Insurance, Borrower shall day the. preml ims required to obtain coverage substantially equivalent to the Mortgage Ihsmance. previously in effect, at a. cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously *in effect, from an alternate mortgage insurer selected by Lender. If stibstandally equivalent Mortgage Insurance coverage -Is not available, Borrower shall continue to pay to Lender the. amdunr of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will iccept, use and retain these payments as a nton-refundable loss reserve in lieu of Mortgage Insurance. Such 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. Lencan no longer require loss reserve payments if Mortgage Insurance coverage (in the amourlt and for 11ii -period that tender requires) provided by an insurer selected by tender again becomes available, 1s obtained, and Lender.. requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of snaking the Loan and Borrower was requited 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, undl Lender's requirement for Mortgage Insurance ends in accordance with any, written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable. Law. 'Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as. agreed. Borrower is "not a party to the. Mortgage insurance. Mortgage insurers evaluate their total risk on all such -insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds'obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer. any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly). amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such 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 affect the amounts that Borrower has agreed to pay for Mortgage Insurance, .or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any rerund.. 00318372 OAIPAI 101101 Ink416?^? Pepe B of 16 /•' ?'? Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage insurance ender the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosure, to request and obtain cancellation of . the Mortgage Insurance, to have 't .Mortgage Insurance terminated automadcally, and/or to receive a refund of any Mortgage Insurance premiums that were bn arne! at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous . Proceeds are ` hereby assigned to and shall be paid to Lender. If the Property is damaged, .such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,' if the restoration or repair is economually. feasible. and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an oppQmmity to'inspect such Propery to ensure the wort has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender tray 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 applied to the sums sectued 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. amP. 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 titan the amount of the. sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds, multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, orloss in value. Any balance. shall be' paid to Borrower. In the event of a partial taking, destruction, or lass in value of the Property in winch the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the a,nount' of the sums secured immediately before tile partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stuns are then due. . If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is autborized 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'csiminal, is begun that, in Lraider's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 00318372 a -GA(PA) 401 tot Pon to of 16 Porn 3030 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of impairment of Lender's interest in the Property or•rigbts under this Security a Property or other material Instrument. The proceeds-of any award or claim for damages that are attributable to the impairment of Le, der's interest in the Property are hereby assigned and shall W paid to Lender. All Miscellaneous Proceeds that are not applied to 'restoration or re air of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waly . Extension of the time for payment or modification of amortization of the sums secured by this Security ristrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to ne a the liability of Borrower or any Successors in Interest of Borrower: Lender shall not be requiied to mmenco proceedings against any Successor in Interest of Borrower or to refuse to extend time for ymegt or oftrwin modify amortization of the sums secured by this Security Instrument by reason of an deanand made by the original Borrower or any Successors W Interest of Borrower. Any forbearance by. der in exercising any right or • remedy • including, without: limitation; Lender's acceptance of payments fr Successors in Interest of Borrower or in amounts less than the .amount then d m third persons, entities or it, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jolht and Several Liability; Co-signbrs; Successors and Assig Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However; any Borrower who co-signs this. Security tnstrument but does not execute the. Note (a "co-sl (a) is co-signing this Security Instrurrient only to mortgage, grant and convey the eo-signer's inw, terrns of this Securny Instrument: (b) is not personally obligated to pay the in the Property under the • ms secured by this Security Instrument: and (c) agrees that Lender aW-any other Borrower can agree . extend, modify, forbear or make any accommodations with regard to the terms of this Security Ins or the Note without.the co-signer's consent. Subject to. the provisions of Section 18, any Successor in Interes of Borrower who assumes Borrower's obligations under this Security instrument in writing, and is app ved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borm er shall not be released from ' Borrower's obligations and liability under this Security Instrument unless such release in der agrees to writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services F erformed in connection with Borrower's. default, for the purpose of protecting .Lender's interest in the operty and-rights under this Security Instrument, including, but not limited•.to; attorneys' fees, property In regard to any other fees, the absence of express authority in this Security I tier and valuation fees. strument to charge a specific fee to Borrower shall, not be. construed as a prohibition on the charging of su fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable w. If the Loan is subject to a law which sets maximum loan'charges, and t law is finally interpreted so that the interest or other loan charges collected or to be collected in connect u with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the uat necessary to reduce the charge to die permitted limit; and (b) any sums already collected from Borvo which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this ref d by reducing the principal owed under the Note or by making a direct payment to Borrower. If a fund reduces principal, the reduction will be treated as a partial prepayment without any prepayme nt 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 Bo wer might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection ith this Security Instrument must be in writing. Any notice to Borrower in connection with this Security 00318372 ristrument shalt be deertted to a 40 -eAtpAJ piioi Page II of le ? ,/ ? Form 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to atty one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only'report a change of address through that specified procedure. There may be only one 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 fltst class malt to Leader's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this 5equrity Instrument shall not be deemed to have been given to Lender .until actually received by Lender. If any notice required by this S*cMty 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 or Construction. This Security Instrument 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 any requirements and limitations of Applicable Law. Applicable Law might explicitly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed' as a prohibition against 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 Insaum •or the Note which can be given effect without the conflicting provision. , As used in this Security ltlstrument; • (a) words of the masculine gender. shall mean and include corresponding neuter words or words of the feminine gender; (b) words ih the singular &hall mean and include i1he 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. 18, "Interest in the Property" means any legal or beneficial interest in the Property, including,' but not limited to, those beneficial interests transferred in a bond for deed., contmd.for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall'.not be exercised by Under if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days' from the date the notice is given in accordance with Section 13 within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument wltbout further notice or demand on Borrower. 19. Borrower's Right to Rehtstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have' enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrurnem. 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 00318372 till ual (®BA(PA) totto) Pap 12 of to Form 3039 1101 0 agreements; (c) pays ail expenses incurred in enforcing this Security Instrument, including:, but not limited to, reasonable attorneys' fees, properly inspectioin and. valuation fees, and other fees incurred for the purpose of protecting Leader'd interest in the Property and rights under this Security instrument; and (d) takes such action as Lender tray reasonably require -to assure that Lender's interest in the Property and rights under this Security lastrtnaent, -and Borrower's obligation to pay the, stuns secured by this Security Instrument, shall continue unchanged. Lender may:requim that Borrower pay such reinstatement sums and expenses in cne or more of the following forms, as selected by Lender: (a) cash, (b) money order, (c) certified deck, 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 Instalment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reiitlstate shall not apply. in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Services; Notice of Grievants;. 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 the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs outer 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 ch a which wdl state the name and address of the new Loan Servicer, the address to which payments should be made and'W, other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and therealler the Loan is serviced by a Loan Sm=r 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 Servitor and am.not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the. member of a class) that, arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other. party (with such notice given in compliance with.the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take. corrective action. If Applicable Law provides a time period. which 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 ig shall be deemed to satisfy the notice and opportunity to take corrective anion 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, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" ineans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined In Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute. to, or otherwise trigger an Environmental Cleanup. 00318372 04;GA(PA1 toll 01 Pap" 13 of 16 ? Pwm 3039 1101 Borrower shall. not cause or permit the presence, 'use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the. presence, use, or release of a Hazardous Substance; creates a.condition that adversely. afWA the value of.the Property..The preceding two sentences shall not apply to the rasertce, use, or storage on. the Property of small qu tities of Hazardous Substances that are ggeenneral recognized to be.appropriate to normal residential uses. and to mahntenanex of the Property (including, ut not limited to, bazardous substances in consumer' products). Borrower shall promptly give Lander written notice of (a) any lnvead$ation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental . Law of which' .Borrower has actual knowlleeddge, (b) any Environmental Condign, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any ggovernmental' or regulatory authority, or-any private party, that any removal or other ieniediation of any 1{azardous 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 Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration; Remedies. Lender shall give notice to Borrower pro' to acceleration following Borrower's breach of any covenant or aliKeenvat In this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides othem. he), Lender shall notify Borrower of, among other things. (a) the default; (b) the acOn. required to. cure the default; (c) when the default must be cured; and (d) that failure to cure the default. as ifl«l may result in acceleration of the sutras secured by this Security Instrument, foredosure by ud dal proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate aft e acceleration and the right to assert in the foreclosure proceeding the non-existente of a default or' any other defense of Borrower to acceleration and foreclosure. If the default is. not curled as specified, Larder at its option may require Immediate payment In full of all sums secured by this Security Instrument without. further deumand and may oredose this Security Instrument by jueliciai roceeding. Larder shall be entitled to collect all expenees incurred in punning the remedies provided in tbis Section 22, including,. but not limited to., attorneys' fees and costa of title evidence to the extent. permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy. this. Security Instrument. Borrower shall pay any recordation casts. Lender, may charge Borrower a fee for releasing this Security Instrument, brit only if the fee is paid to a third. patty 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 sheriff's sale or'other We pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 00318372 1nNIeN: (m®6A(PA) tot lot Pepe 14 or 1$ Form 3039 Vol BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ? (Seat) RAYMOND S SWAIN Borrower (seal) P SWAIN •?? (Seat) (seal) Bor,ower -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower 00318372 (C®BAIPAI wi+o) Page is of to Form 3039 1101 0 Certifica?te esidea?ee 1, I t L h/t L_ do hereby certify that 08053 the correct address of win-named Lender is PQ 1 y- aCIc-(r `*4 t Witness my hand this 25th : day of July, 2002 4ent 0( 110 COMMONWEALTH OF PENNSYLVANIA, ?t' V L? V`C County ss: On this, the 25th day of July, :2002 , before me, the undersigned officer, personally appeared RAYMOND S SWAIN and PEGGY ANN SWAIN known to me (or satisfactorily proven) to boille person(s) whose name(s) is/rbscribed to the within instrument and acknowledged that hels the eeuted the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL 711=L WnER WfAft PUKX - > OOLftFOB, t?IfYRE tao., PA Title of Officer 0031$372 O BAIPA) miol INtlak: ?11??? . Page Is of 16 Form 3039 1/01 When recorded please return to: Milstead & Associates, LLC 220 Lake Drive East, Ste 301 Cherry Hill, New Jersey 08002 Loan # 318372 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that Mortgage Electronic Registration Systems, Inc. existing under the laws of the State of Pennsylvania, (Assignor), in consideration of the sum of $1.00 (One) Dollar(s) lawful money of the United States, to Assignor in hand paid by The Bank of New York as Trustee for Equity One Inc. Mortgage/pass through certificate series #2002-5 (Assignee) at or before the ensealing and delivery of these presents, the receipt whereby is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the said Assignee a certain Indenture of Mortgage bearing the date of July 25, 2002 in the amount of $132,300.00 made by Raymond S. Swain and Peggy Ann Swain given to Mortgage Electronic Registration Systems, Inc., as nominee for Equity One, Inc., d/b/a Popular Financial Services. Said mortgage was recorded on August 7, 2002 in Mortgage Book Volume 1767 Page 3656 in the public records of Cumberland County, Pennsylvania, upon the following described piece of parcel of land, to wit: Property more commonly known as: 2434 South Market Street, Mechanicsburg, PA 17055 (42-30-2114-015A) Together with the Note of obligation described in said Mortgage, and the money due and to become due thereon, with interest. TO HAVE AND TO HOLD the same unto the IsaiAssignee and assi s forever. IN WITNES EREOF, the said Assignor hed th a presis a signed in its name by ?, a ttes`fed by its Secretary the of d- , 2007. Victor Parisi Aggnt of Mortgage Electronic Registration ?ystemsjnc. {00192991} STATE OF d? -jam COUNTY OF 6d l i G ? O s day of Sz?od'ev+-?kA, , 2027 before me '1 (1, n'1 A an V ( c..4ti. Pe- its personally appeared, known to me to be the persons whose names are subscribed to the within instrument and acknowledge that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Corporate Seal By NOTARY PUBLIC CHENITA,C. MITCH.EU. NOTARYKEUCOFN8N f Caf11111Ii5 M 220/2092 *Victor Parisi, agent of Mortgage Electronic Registration Systems, INc. {00192991} I hereby certify that the precise address of the Assignor, Mortgage Electronic Registration Systems, Inc. is PO Box 2026, Flint, MI 48501. I hereby certify that the precise address of the Assignee, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass through certificate series #2002-5 is 20 Broad Street, New York, NY 10005. Name: Title: {00192991} S. L1?GAL DESCRIPTION: All that certain tract of land with improvements erected thereon in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: Beginning at a point, said point being located on the centerline of Pennsylvania Route 114 (Legislative Route 416); thence S. 69° 51' 19" W. to an iron pin located on the Westerly dedicated right of way line of said Pennsylvania Route 114, as shown on the Final Subdivision Plan for Norman E. Spahr prepared by Gerrit J. Betz Associates, Inc., engineers and surveyors (Shiremanstown, Pennsylvania), and recorded in the Cumberland County Recorder of Deeds Office on November 29, 1978 (hereinafter the "Final Subdivision Plan"); thence S. 690 51' 19" W. for a distance of 272.12 feet to a concrete monument; thence, N. 140 00'26'W. for a distance of 102.85 feet to a concrete monument; thence, S. 690 51' 19" W. for a distance of 330.03' to an iron pin; thence, N. 070 00' 00" W. for a distance of 312.62 feet to an iron pin; thence, N. 75° 59' 34' E. for a distance of 290 feet to a concrete monument; thence, S. 140 00' 26" E. for a distance of 117.74 feet to a concrete monument; thence, N. 750 59' 34" E. for a distance of 30 feet to an iron pin; thence, S. 14° 26'00" E. for a distance of 109.25 feet to an iron pin; thence, N. 690 51' 19" E. for a distance of 263.62 feet to an iron pin on the Westerly right of way line of said Pennsylvania Route 114 as shown on the Final Subdivision Plan; thence, N. 690 51' 19" E. to a point on the centerline of said Pennsylvania Route 114; thence, in a Southerly direction along said centerline to a point, the place of beginning. Containing 2.5672 acres, more or less. BEING the same premises which Norman E. Spahr, a Widower, by Deed dated December 14, 1978 and recorded December 18, 1978 in Cumberland County in Record Book F, Volume 28, Page 37, granted and conveyed unto Raymond S. Swain and Peggy Ann Swain, his wife, in fee. Ordered by: unwAmorica Default Services Our Title Number: LA07-2136 Order Number: 30084358 Client Order Number. 318372 Property: 2434 South Market Street Mechanksburg, PA 17055 Page 6 of 6 Popular Mortgage Servicing, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003 l1„1110n1li1nJJu[ilnbinlItuIIII.Alltill Aloilu.ll 2434 SOUTH MARKET STREET MECHMCSBURG PA 17055.5553 was 11 ?1111i1 lId11116111111 7192 6168 4920 0546 7352 D012 Aug-31 . 2007 10:25AM Franklin Real Estate Carlisle No•5834 P- 18 c +,A" 131TA 6)" •L'I?t+. ?ZdCaIP'ytC1Z . ALL *At dsrtaia tr*et of ltnd with ianptrnvsmsats orsCtsd tharson in the; Po "hir of i'ow =eu, Cocutty of ;wbefrland, Coanonwsalth of . Fefnusylrafaia, boieaded w.d dearlribed as fellows s , $BGTIWZli13 &t...a ?r "ti "id point being loaatod on the ¢antarlias of Psunsylvenia 1k=6 114 (1"Ldlative Routs 416) 1' thence, S. 69° 31+ . 19" : X., to an Axon • S" laastsd on• the wostaxly dedicated right c$ imy lips of said >?astssy7 veaia 1lottts 114, as sbord as the i rinal oubdivisioa Plan, for .0 I. •'8pOt paepsaced by. QQW it J. Bats A6860 atos r.. znc. , sugi foS42ii gild su ftyoto . (Shim ustows?, .Pomueyli?la) t 4ud viopmWi' in the Cuobotlaod Voonty 84COxd" of ileedlt ofifige, os? ftavefaber '20, 1978. (hereiaattoa the. wrinal . Ssbdivision Pled") 1 thecae Sr, 69''$$i+ 'a.9" it.* for a lustanco of 21A.12. fast to a oonasekio -os?y &, thou, . f6. 149. 00! 26" 1% for a• distance of 102.85 . feet to ia• tiomawate moAmAwtj thence, 0" W' 51' 1911 it. tar t distance 'of 390.03+ to' an ifcaa prat theaawi fit. 070 00+ 00" A. for -a distanoa of 312.62 fast to an. iron pist., thence, V$ 475° 501 34" X. for a'. distance Qf 290 906V to a• oonarots moaumtant/ thefdcs, S. 14° 00+ 26" Z.'. for a distaaoe of 117.741set to'a contrite'moutmentt thsfaoo, W. 75* $01 34" Z, fora distance of 30 feat to an ivou pin, thirnae, S. 144• 261. 00" E. for a distanoe'of 109.25 feet-to an irrou pint thaw, W., 69 :. a1+ ON X. far a dista:nao. of 263.62 feet to qa i,fdfl pin ofa 'tho westarly right of Na•Y Line of said,PoanseylvaWA.Route 114 'as shown on the Final Subdivisio2d' tb"co N; • 690 W 10" X. to a point on the caat*rliene of a Peuusl?lvaaia • Roista..11.4 t tbomm, in a southetly -dueation along said' a.1n>r*xlina to' a,point, the place of BX(In =G. COtt knm 2.6072 aaras, more or is:s. mm SmJJlCT, gwvsrthidess, to *"*most* and vights of way of record or visibly on Oo -said premisos and also to ctomdi•tt"s amd rsstrictidtss contained in the Final Subdivision Plain. 31tZ= the same pxesisss WAch Wosman.Z. Spahr, a widower, by deed dated Decsosber 14, 1978 and -xacard*d b*aaebev 18, 1979 in Cumberland Counnty in Road Hook volume 428' at Yage 37, grouted and adntoysd unto R*ymmd B. Swain and Pegoy Ann Swain, Us wife. `k . G BK i 767PG3672 08/39/2007 .8:32AM ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 71he HOMEOWNER'S MORT .A Y , A SI,ST N .. PROGRAM MMAP) m &v be able to Hein save your home, This notice m1ains how the program Zqrk, To see if HEMAP can help„ von must MEET WITH A CONSUMER CRED of S IN T AGENCY WITWN 30 DAYS OF TIDE DACE OF 'HIS NOTICE. Take Ibis notice with you ghM u mkt with the t'.sting.AQ= The name, address and phone number of Conqumc Cre it j., nS jn& Aeencies ccrvirine ymr Co rU are listed N! 1he P n 1 toll free at I-RDD-342-2322, persons vvith ippaired hearing can call (212) 780-1869- This Notice contains legal information. If you have any questions, representatives at tbo 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA- SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1MMEDIATAMENTE LLAMANDO ESTA AGENCL4 (PENNSYLVANIA DOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGTBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. "M tl"W W11 0"M" Now CAf6T'm I W MOM" i bi4 ?- March 2, 2007 Raymond s Swain 2434 SOUTH MARKET STREET MECHAMCSBURS PA 17055.5853 LOAN ACCT NO.: 318372 ORIGINAL LENDER: Popular Mortgage Servicing, inc. CURRENT LENDERISERVICER; Popular Mortgage Servicing, Inc. YOU MAY BE IwL-I T A .F FOR FINANCIAL ASSISTANCE WHICT CAN SAVE YO IR HORS: FROh" FORECLOSURE AND HELP.YO MAKE -GAGE PAYbMNTS, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY . TEMPORARY STAY OF FOR .C.(),STIR - Under the Act, you are entitled to a temporary stay of foreclosure an your mrtgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting Willi one of the consumer credit counseling agencies listed at the end of this Notice. IM MEETING MUST OCCUR WITHIN TH> N>? XT (30) DAYS, F YOU DO NOT APPLY FOR EMSRi FsNCY MORTCiAM ASST. AM13- YOU) RRINO YOUR MORTGAOR TM T AT 1HE PART OF THIS NOTICE CAI,L•BD "NOW TO CURB YOUR MORTGAGE DEEA T" EXp INS HOW TO BR 3 YOUR MO T A 7 IJP TO ])A'T E 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 *Au the date of this meeting. The names- addresses aW tri_errb : members of des;; AW cons mr counselin¢ accrues for Lt±r onn in v ich Ae FmUut' is k=W are g k&at the gpdof thh„ Nofioe. It is only necessary to schedule one face-to-face matting. Advise your lender jmgj2d4WY of your intentions. APPLICATION- FOR MQRIQAGE ASSIISTANCE - 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 oompletod Neaneowner'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 Financc Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MT FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it roceives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART 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 sold apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA'l ULOF ME DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2434 SOUTH MARKET STREET MECHAN1CSBURQ PA 17055 ,rnu Wept " O"M wow Mann a uz alwamm IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: December 2006 - March 2007 at $1,260.08 per month, totaling $5,017.10 plus the llowtng: crow $5,419.00 Current Late Charges: $189.00 Deferred Late Charges: $1,356,34 NSF Charges: $0.00 TOTAL AMOUNT PAST DUE: $12,031.44 'HOW TO . THE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this mice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $5,017.10 PLUS ANY MORTGAGE PAYMENT'S AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier`s check or money order made payable and sent to: Popular Mortgage Servicing; Inc. 121 Woodcrest Road Clherr?Hill. Ne?vv Jersey 080Q3 ,] YOII DO 1VQT Cum TH : b .FA l .T - If you do not care the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. "is mans that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the tender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE. MORTGAti?,I,S EUR,ES3,ORD ITON -The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lender refers yma case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defaalt.within the THIRTY (30) DAY period, you vill not be required to pay attorney's fees. OTHER LENDER REMED .S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO (`Y,M THE D •FAI .T Moo TO. THE S IFFIS SAL.. - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, YOU will still have the rightto cure the default and prevent the sale at any time up to me hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (S) 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 fib=Se the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lamer. Name of Loder. Popular Mortgage Servicing, Inc. Adder; 121 Wooderest Road Cherry Hill, New Jersey 08003 Phone Number: 1-800-383-2292 Contact Person: Mark McGarvey EFFECT OF THE gFMRTFF'S SAL. - 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 MORTGAGI? - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are . paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Popular Mortgage Servicing, Inc. 121 Woodcrest Road Cherry ITill, NJ 08003 1-800-383-2292 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS TNCLUDED. "WAR OY40144 10.94 own 0W.W 9 "Im ! 07 06-0a m PannsylVania Housing Finance Agency HomBowner's Emerengancy Mortgage Assistance Program Consumer Credit Counseling Agencies CUMBERLAND Adams County Housing Authority 139-148 Carlisle St. Gettysburg PA 17326 (717) 334-1618 FAX (717) 334-8328 kledfordlWamscha.org CCCS of postern PA 2000 Lingiestown Road Harrisburg PA 17102 (717) 641-1767 FAX (717) 641-4870 joarrellfacaspa.org Community Action Commission of Captial Region 1614 Derry Street Harrisburg PA 17104 (717) 232-9767 FAX (717) 234-1227 lufoaclpaonline.com Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro PA 17268 (717) 762-3286 717-762-0460 natalieffasl.com Loveship. Inc. 2320 North Sth Street Harrisburg PA 17110 (717) 232-2207 lsopportunitiesfaol.oom PHFA 2101 North Front Street Harrisburg PA 17110 900-342-2397 7177903996 dratzt"fs.org Urban League of Metropolitan Mg 2107 N.. 8th Street Harrisburg PA 17101 (717) 234-6926 FAX (717) 234-9469 rnbulmheacl.com AMP odaw WN OM/OH osio" OMOO.1w ! ES MUSO M Popular Mortgage Servicing, Inc. 129 Woodcrest Road Cherry Hill, NJ 08009 1t14 lunw aw w>w71 xawr o+wrns 1 22 """raw Imlllpoll llfill] loll Ilutel??I?l?il?lfill ,nllfill IIkitII Peggy ann swain 2434 SOUTH MARKET STREET MECHAMCSBURG PA 97055-5553 ??AIIMIS?lllll?l?l,mail ?Al 7142 6168 402D 0548 7369 D012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. "e1xOMROWNFR'$ MORTdAQ_F. ARRISTANCR PROGRAM aL-MAp1 may b,ahle JQ 1je gave ym Tr horns. This notice cxnlains how the program woTb. To see if RMAP can hejp;,you mast MEET WITH A ONCi]b CREDT T C'?wfL„IN,SELING ACrME WITHIN 30 DAB'S OF = DATE QF 'T'HIS NOTICE Take this notice with you when you meott with Igo Counseling Ag= name, aMress and phone number of Co=mer Credit Counseling ,eg?egSgyj . - =r CounIX listdat the cad of this Notice If you have any a?estinns you may call tk pe wim-tia Housing Finance Agency toll free at 1-800-342-397. (Persons with imphirej hearing = call (17) 780-1869 This Notice contains legal information. Tf 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 legal bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADIUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO ACONTINUAR VIVIENDO EN Sl CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMNWIATANURM LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. rile wpm mw aow.? "MW n wr.+ Sam ? March 2, 2007 30~ INJgrt M Now. nww c"ea = , Ot IOM]mW Pa ann Swain 2 8 MARKED'STREET MECHANICSBURG PA 170555553 LOAN ACCT NO.: 318372 ORIGINAL LENDER: Popular Mortgage Servicing, Inc. CURRENT LENDLWSERVICER: Popular Mortgage Servicing, Inc, YOU MAY BF .i I .IB .R FOR FINANCIA ASSISTANCE 3EBM,{, AN S yQJ n? Ft0ME FRO ; FORECLOSURE AND HELP YOU MAKE FIJI M MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OFF 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-Awe" meeting with one of the consumer credit counseling agencies listed at the aid of this Notice. TMM MEETING MUST OC J$ W=K THE NEXT (30) DAYS IF YOU jDO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE- YOU RRIMS3 Yn3 jai ;ORTGACF UP TO DATE TNF PART OF THIS NOTICE CALLED "HOW TO CURE YOU MORTaAQE DEFAIn T' Tixp1 GINS HOW TO BKM YQUR MORTGAGE UP TO T?ATIs CONSUMER CREDIT COUNSELING A FN=, - 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 a&= addasses and trjahone numbers ofdZign&tCd cane =r counseling amcies for the county in which the Qrotz= is located set fnrffi at he jW of this Notice, It is only necessary to schedule one faoe-to-face meeting. Advise your lender jwavady of your intentions. APPIJCA77ON FOR MORT A . ASSISTANCE. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages fur specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the leader, you have the right to apply far 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 l:iousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the 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 FMING 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 up to date). NATURE OF T DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2434 SOUTH MARKET STREET MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: December 2006 - March 2007 at $1,260.08 per moatb, totaling $5,017.10 plus the Wg: $5,419.00 COMM Late Charges: $189.00 Deferred Late Charges: $1,356.34 NSF Charges: $0.00 TOTAL AMOUNT PAST DUE: $12,031.44 HM 'LQ CURE THE DFFAUI,;T- 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 $5,017,10 PLUS ANY MORTGAGE PAYMEM AND LATE CHARGES WHICH BECOME DUE DURING. THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Popular Mortgage Servicing; Inc. 121 Woodcrest Road Cherry Hill. New Jersey 0$003 LE XQ, D() NOT CIjR1 = DEFALn T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered-due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. THE MORTGAQ, IS FORECLOSED 11PON - The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include ather reasonable costs, If you cure the default within the TAIItTY (30) DAY period, you will not be required to pay attorney's fees. OffM LENDER REl_1+iEDWS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE Tl- d DEFAi1LT PRIOR TO THE SHERIFFS SAS - If you have not cured the defau k within the 1MTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any We or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you bad new defaulted. fold app N man, WMW owanm a W awvi R . S t POSSHB ,HERjFF,,q SA 1,V DA - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approAmately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of conrrse, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. Name of Lender: Popular Mortgage Servicing, Inc. Q{jdripgq 121 Woodcrest Road Cherry Hill, New Jersey 08003 Phone Nwnber: 1-800-383-2292 Contact Person: Mark McGarvey EFFECT TBIt!?,4'$ESIFTS SALF - 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 Salo, a lawsuit to remove you and your ftmshings and other belongings could be started by the lender at any time. A&9IMPTION QEMORTGAGE - You may or may not sell or transfer your home to a buyer or transferoe who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's foes and costs are paid prior to it at the We and that the other requirements of the mortgage are satisfied. Please contact: Popular Mortgage Servicing, Inc. 121 Woodcrest Road Cherry all, NJ 08003 1-800-383-2292 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAA OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE THMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 1S INCLUDED. W MA W&MO IoM MW OWW.Ma",a a 91 a"*r a Pennsylvania Housing Finance Agency Homeowner's Emerengency Mortgage Assistance Program Consumer Credit CoUnseling Agencies CUMBERLAND Adsma County Housing Authority 138-143 Carlisle St. Gettysburg PA 17325 (717) 334-1818 FAX (717) 334-8820 kledfordPadamseha.org COCS of Western PA 2000 Linglestoun Road Harrisburg PA 17102 (717) 541-1757 FAX (717) $41-4570 Jcorrslllooospa.org Community Action Commission of Cmptial Region 1514 Derry Street Harrisburg PA 17104 (717) 232-8757 FAX (717) 234-2227 lufoaoOpmonline.oom Financial Counseling Services of Franklin 43 Philadelphia Avemue .Waynesboro PA 17288 (717) 783-8285 717-782-0400 natalielfeal.com Lovaship, inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 1sopportunltiesOaol.cam PHFA 2101 North Front Street Harrisburg PA 17110 800-342=2387 7177803885 drotz4phfa. org turban League of Metropolitan Hbg 2107 N. 8th Street Harrtsburg PA 17101 (717) 224-5825 PAX (717) 234-8458 1. l iahftol . oom Ulna 6Wm Mm awl - ", b.M Tm a w ee?mraa =s .y-+, -? ?'? c ,?F , '? -ti-; ?; ?.a S> :? {; "?'' t' , }..' F '.?'r ?? • ??. ['? ;w?1? e? ?? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) +F•e.'?ax?Y, c? tJw? `?o?-? ?.5-t-t„S?e.,? -?r E?ci?? ?,`Q-?--?mbC'-4t?o-ose.` p4SS -?Y1?cUV ?h. vs. ??oJoJ? ?cC1Yl a?Ca fl No. czn-F C, r) (Zvi t Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): 77 2. Identify all counsel who will argue cases: (a) for plaintiffs: (Name and Address) NS O`?fJ a (b) for defendants: sax, Ao-rcn (Name and Address) 1k3s `.\V ?ktsbUrc?lr,'r W, ?` X13 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: 'A I it 11zs9 Uar, 4ffiature "eiali Q. 5PiUnK Print your name Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is rellsted. C ;L+ r co MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 1.06906 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One, Inc. Mortgage/pass through PIKE COUNTY Certificates Series #2002-5, Plaintiff, No.: 07-5607-Civil vs. CIVIL ACTION Raymond S. Swain MORTGAGE FORECLOSURE Peggy Ann Swain The United States of America, Defendants. CERTIFICATE OF SERVICE I, Heidi R. Spivak, hereby certify that I have caused to be served a copy of Plaintiffs Praecipe to List Case for Argument by first class mail, postage pre-paid this 11th day of April, 2008, upon Defendants or their attorney of record as follows: Jason Aaron Green, Esquire 1235 Firwood Drive Pittsburgh, PA 15243 ?1UG.JlC- H ' i R. Spivak, Esquire Attorney for Plaintiff {00236348} T -M I-M OD ? r. THE BANK OF NEW YORK AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2002-5, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAYMOND S. SWAIN, PEGGY ANN SWAIN and THE UNITED STATES OF AMERICA c/o U.S. ATTORNEY: GENERAL, Defendants NO. 07-5607 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, OLER, GUIDO, JJ. ORDER OF COURT AND NOW, this 29th day of May, 2008, upon consideration of the motion of Plaintiff, The Bank of New York as Trustee for Equity One, Inc., Mortgage/Pass Through Certificate Series # 2002-5 for Summary Judgment, and the responding papers thereto and the arguments of counsel, it is hereby ordered and directed that the motion is granted. It is further ordered that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Raymond S. Swain and Peggy Ann Swain, in the amount of $165,739.29, together with interest from and after September 24, 2007, at the per diem rate of $35.53 per diem, and late chares of $63.00 per month, plus attorneys' fees and costs of suit. BY THE COURT, J 'Ano , Heidi R. Spivak, Esq. 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 Attorney for Plaintiff Aason Aaron Green, Esq. 1235 Firwood Drive Pittsburgh, PA 15243 Attorney for Defendants Raymond S. Swain and Peggy Ann Swain ?United States Attorney General's Office 228 Walnut Street Suite 220 Harrisburg, PA 17108 rc es ryL.12 t LCE 5/a 4?0$ MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 for Plaintiff The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 20 Broad Street New York, NY 10005, Plaintiff, Vs. Raymond S. Swain 2434 South Market Street Mechanicsburg, PA 17055, and Peggy Ann Swain 2434 South Market Street Mechanicsburg, PA 17055, and The United States of America c/o the U.S. Attorney General 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in favor of Plaintiff and against Raymond S. Swain and Peggy Ann Swain Defendants, in accordance with Court Order dated May 29, 2008 and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order $165,739.29 Interest 9/24/07 through 05/29/08 8,846.97 Late Charges 504.00 Attorneys' Fees & Costs of Suit 4,094.84 TOTAL $179,185.10 I hereby certify that (1) the addresses of the Plai tiff and Defendants are as shown above. Mary L. ar ert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED dd4a R. Lx?a DATE: qi? l08 is OTHONOTARY 01Q3 {00276023} r.. THE BANK OF NEW YORK : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR EQUITY : CUMBERLAND COUNTY, PENNSYLVANIA ONE, INC. MORTGAGE/PASS : THROUGH CERTIFICATE SERIES #2002-5, Plaintiff V. CIVIL ACTION - LAW RAYMOND S. SWAIN, PEGGY ANN SWAIN and THE UNITED STATES OF AMERICA c/o U.S. ATTORNEY: GENERAL, Defendants NO. 07-5607 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, OLER, GUIDO, JJ. ORDER OF COURT AND NOW, this 29 h day of May, 2008, upon consideration of the motion of Plaintiff, The Bank of New York as Trustee for Equity One, Inc., Mortgage/Pass Through Certificate Series # 2002-5 for Summary Judgment, and the responding papers thereto and the arguments of counsel, it is hereby ordered and directed that the motion is granted. It is further ordered that judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants, Raymond S. Swain and Peggy Ann Swain, in the amount of $165,739.29, together with interest from and after September 24, 2007, at the per diem rate of $35.53 per diem, and late chares of $63.00 per month, plus attorneys' fees and costs of suit. BY THE COURT, ZHeidi R. Spivak, Esq. 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 Attorney for Plaintiff Aason Aaron Green, Esq. 1235 Firwood Drive Pittsburgh, PA 15243 Attorney for Defendants Raymond S. Swain and Peggy Ann Swain ?United States Attorney General's Office 228 Walnut Street Suite 220 Harrisburg, PA 17108 :rc Ccr I'es rr1SiLSd_, 5/a 408 I • . * MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o the U.S. Attorney General, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Raymond S. Swain, is over 18 years of age and resides at 2434 South Market Street, Mechanicsburg, PA 17055, 3. defendant, Peggy Ann Swain, is over 18 years of age and resides at 2434 South Market Street, Mechanicsburg, PA 17055, 4. defendant, The United States of America c/o the U.S. Attorney General, is over 18 years of age and resides at 228 Walnut Street, Suite 220, Harrisburg, PA 17108. II-ni Mary L. Harbert-Bell, Esquire {00276023} 9-1 -a . A l ' J . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Raymond S. Swain Peggy Ann Swain The United States of America c/o the U.S. Attorney General The Bank of New York as Trustee for ? COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5, Plaintiff, No.: 07-5607 Civil Term Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o the U.S. Attorney General, Defendants. ' NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X51" 407 rothonotary 4X6 MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MARY L. HARBERT-BELL, ESQ. #80763 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. {00276023} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series #2002-5, Plaintiff, No.: 07-5607 Civil Term Vs. Entry of Appearance Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o the U.S. Attorney General, TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, in the above captioned matter. MIx D & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 100275996} cc' r-a = PR as IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York as Trustee for Equity One Inc. Mortgagetpass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain and Peggy Ann Swain, and The United States of America c/o the U.S. CIVIL ACTION NO.: 07-5607 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Attorney General, Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Raymond S. Swain Pe ggy Ann Swain ©r The, H_'A -1 States 8 Real Property involved: 2434 South Market Street Mechanicsburg, PA 17055 As set forth in Court Order Interest 9/24/07 through 05/29/08 Late Charges Attorneys' Fees & Costs of Suit TOTAL Amount Due Interest from 5/30/08 to 3/4/09 at $29.46 per diem (61/6) TOTAL (Costs to be added) DATE: September 25, 2008 $165,739.29 8,846.97 504.00 4,094.84 $179,185.10 $179,185.10 Respectively submitted, Milstead & Associates, LLC 4 Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 {00276023} rSkJ ?v ?V 9 ;s ?h4 'y6 8 ? t ? LA (JIS 0 Ac) Fa ? a ? All that certain tract of land with improvements erected thereon in the Township of Upper Allen, County of Cumberland. Commonwealth of Pennsylvania, bounded and described as follows: Beginning at a point, said point being located on the centerline of Pennsylvania Route 1)4 (Legislative Route 416); thence S. 690 51' 19" W. to an iron pin located on the Westerly dedicated right of way fine of said Pennsylvania Route 114, as shown on the Final Subdivision Plan far Norman E. Spahr prepared by Gerrit J. Betz Associates. Inc., engineers and surveyors (Shiremanstown, Pennsylvania), and recorded in the Cumberland County Recorder of Deeds Office on November 29, 1978 (hereinafter the "Final Subdivision Flan"); thence S. 690 51' 19" W. for a distance of 272.12 feet to a concrete monument; thence, N. l4° 00'26" W. for a distance of 102.85 feet to a concrete monument: thence, S. 69' S1' 19'° W, for a distance of 330.03' to an iron pin; thence, N. 070 00'00" W. for a distance of 312.62 feet to an iron pin; thence, N. 751,59' '14`' E. for a distance of 290 feet to a concrete monument: thence. S. 14° 00' 26" E. for a distance of 117.74 feet to a concrete monument; thence, N, 751159'34" E. for a distance of 30 feet to an iron pin; thence, S. 14° 26'00" E. for a distance of 109.25 feet to an iron pin; thence, N. 690 51' 19"E. for a distance of 263.62 feet to an iron pin on the Westerly right of way line of said Pennsylvania route 114 as shown on the final Subdivision Plan; thence. N. 69° 51' 19' E. to a paint on the centerline of said Pennsylvania Route 114; thence, in a Southerly direction along said centerline to a point, the place of beginning. Containing 2.5672 acres, more or less. BEING the same premises which Norman E. Spahr, a ohdower, by Deed dated December 14, 1978 and recorded December 18, 1478 in Cumberland County in Record Book F, Volume 28, Page 37, granted and conveyed unto Raymond S. Swain and Peggy Ann Swain, his wife, in fee. Being known as 2434 South Market Street, Mechanicsburg, PA 17055 Tax Parcel Number: 42-30-2114-015A {00276023} /f* MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity COURT OF COMMON PLEAS One Inc. Mortgagelpass Through Certificate CUMBERLAND COUNTY Series #2002-5, Plaintiff, No.: 07-5607 Civil Term Vs. ' Raymond S. Swain and AFFIDAVIT OF SERVICE Peggy Ann Swain PURSUANT TO RULE 3129.1 and The United States of America c/o the U.S. Attorney General, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 2434 South Market Street, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Raymond S. Swain c/o Jason Aaron Green 1235 Firwood Drive Pittsburgh, PA 15243 Raymond S. Swain c/o Michael E. Stosic 2207 Chestnut Street Philadelphia, PA 19103 Peggy Ann Swain c/o Jason Aaron Green 1235 Firwood Drive Pittsburgh, PA 15243 Peggy Ann Swain c/o Michael E. Stosic 2207 Chestnut Street Philadelphia, PA 19103 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Internal Revenue Service Federated Investors Tower 13"' Floor, Suite 1300 United States Dept. of Justice U.S. Atty-Middle District of PA Attn: Mary Catherine Frye, Esquire {00276023} .r' 1001 Liberty Avenue Pittsburgh, PA 15222 Assistant U.S. Attorney Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 4. Name and Address of the last recorded holder of every mortgage of record: The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (Plaintiff herein) 20 Broad Street New York, NY 10005 CCNB Bank, NA 100 West Olmos Drive, Ste. 200 San Antonio, TX 78212 Norwood Federal Savings & Loan Association 5813 Milwaukee Avenue Chicago, IL 60646-5413 5. Name and address of every other person who has any record lien on the property: IRS - Treasury Dept. 129 Finance Building Harrisburg, PA 17120 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 2434 South Market Street Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. MA Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: August 27, 2008 {002760231 gn °? MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o the U.S. Attorney General, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 2434 South Market Street, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff s sale on March 4, 2009 at 10:00 am Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $179,185.10 obtained by The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. {00276023} 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.06906 {00276023} All that certain tract of land with improvements erected thereon in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: Beginning at a point, said point being located on the centertlne of Pennsylvania Route 114 (Legislative Route 416); thence S. 690 51' 19" W. to an iron pin located on the Westerly dedicated right of way line of said Pennsylvania Route 114, as shown on the Final Subdivision Plan for Norman E. Spam prepared by Gerrit I Betz Associates, Inc., engineers and surveyors (Shiremanstown, Pennsylvania), and recorded in the Cumberland County Recorder of Deeds Office on November 29, 1973 (hereinafter the "Final Subdivision Plan"); thence S. 690 51' 19" W. for a distance of 272.12 feet to a concrete monument; thence, N. 140 00'26" W. for a distance of 102.85 feet to a concrete monument; thence, S. 690 51' 19" W. for a distance of 330.03' to an Won pin; thence, N. 070 00'00" W. for a distance of 312.62 feet to an iron pin; thence, N. 750 59' 34" E. for a distance of 290 feet to a concrete monument. thence, S. 14° 00' 26" E. for a distance of 117.74 feet to a concrete monument; thence. N. 750 59' 34" E. for a distance of 30 feet to an iron pin; thence, S. 140 26'00" E. for a distance of 109.25 feet to an iron pin; thence, N. 640 51' 19" E. for a distance of 263.62 feet to an iron pin on the Westerly right of way line of said Pennsylvania Route 114 as shown on the Final Subdivision Plan; thence, N. 690 51' 1 T E. to a point on the centerline of said Pennsylvania Route 114; thence, in a Southerly direction along said centerline to a point, the place of beginning. Containing 2.5672 acres, more or less. BEING the some premises which Norman E. Spahr, a widower, by Deed dated December 14, 1978 and receded December 18, 1978 in Cumberland County in Record Book F, Volume 28, Page 37, granted and conveyed unto Raymond S. Swain and Peggy Ann Swain, his wife, in fee. Being known as 2434 South Market Street, Mechanicsburg, PA 17055 Tax Parcel Number: 42-30-2114-015A {00276023} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5607 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY ONE INC MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2002-5, Plaintiff (s) From RAYMOND S. SWAIN and PEGGY ANN SWAIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $165,739.29 L.L.$ 0.50 Interest 9/24/07 through 5/29/08 -- $8,846.97 Atty's Comm % Atty Paid $244.53 Due Prothy $2.00 Other Costs: Late Charges: - $504.00 Attorneys' Fees & Costs of Suit - $4,094.84 Plaintiff Paid Date: 9/26/08 Prothono (Seal) By: Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 80763 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and The United States of America c/o the U.S. Attorney General, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term Praecine to Satisfy Default Judsment and Discontinue and End TO THE PROTHONOTARY: Kindly Satisfy the Default Judgment filed on May 29, 2008 in the amount of $179,185.10 and Discontinue and End the above captioned Mortgage Foreclosure action without Prejudice. MILSTEAD & ASSOCIATES, LLC U-\_ -in Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00315924} CJ ? e_? c- w -n r . ? r ' ?=, r`? ?' The Bank of New York VS Raymond S. Swain and Peggy Ann Swain In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5607 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mary Harbert-Bell. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Milage Levy Surcharge Share of Bills So Answers: R. Thomas Kline, Sheriff 30.00 1167.53 15.00 15.00 .50 2.00 18.00 15.00 30.00 15.52 1308.55 pj og V?1 BY d OJtj ",a_AA1 Real Estate Coordinator ?a' So a.8g bg q3q aal r, .. _ _.f I ? 7 ?)?.? it??,?.! ? .. .. _ ?_. ?? W MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One Inc. MortgageJpass Through Certificate Series 42002-5, Plaintiff, Vs. Raymond S. Swain and Peggy Ann Swain Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 The Bank of New York as Trustee for Equity One Inc. Mortgagelpass Through Certificate Series #2002-5, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 2434 South Market Street, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Raymond S. Swain c/o Jason Aaron Green 1235 Firwood Drive Pittsburgh, PA 15243 Raymond S. Swain c/o Michael E. Stosic 2207 Chestnut Street Philadelphia, PA 19103 Peggy Ann Swain c/o Jason Aaron Green 1235 Firwood Drive Pittsburgh, PA 15243 Peggy Ann Swain c/o Michael E. Stosic 2207 Chestnut Street Philadelphia, PA 19103 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Internal Revenue Service Federated Investors Tower 13t° Floor, Suite 1300 United States Dept. of Justice U.S. Atty-Middle District of PA Attn: Mary Catherine Frye, Esquire {002760231 1001 Liberty Avenud Pittsburgh, PA 15222 Assistant U.S. Attorney Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 4. Name and Address of the last recorded holder of every mortgage of record: The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5 (Plaintiff herein) 20 Broad Street New York, NY 10005 CCNB Bank, NA 100 West Olmos Drive, Ste. 200 San Antonio, TX 78212 Norwood Federal Savings & Loan Association 5813 Milwaukee Avenue Chicago, IL 60646-5413 5. Name and address of every other person who has any record lien on the property: IRS - Treasury Dept. 129 Finance Building Harrisburg, PA 17120 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 2434 South Market Street Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: August 27, 2008 {00276023} I • MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5, Plaintiff, Vs. Raymond S. Swain, and Peggy Ann Swain, and Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-5607 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 2434 South Market Street, Mechanicsburg, PA 17055, is scheduled to be sold at sheriffs sale on March 4, 2009 at 10:00 am Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $179,185.10 obtained by The Bank of New York as Trustee for Equity One Inc. Mortgage/pass Through Certificate Series #2002-5. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. {00276023) 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.06906 {00276023) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH.OF PENNSYLVANIA) COUNTY OF CU;4BERLAND) NO 07-5607 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY ONE INC MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2002-5, Plaintiff (s) From RAYMOND S. SWAIN and PEGGY ANN SWAIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $165,739.29 L.L.$ 0.50 Interest 9/24/07 through 5/29/08 -- $8,846.97 Atty's Comm % Atty Paid $244.53 Due Prothy $2.00 Other Costs: Late Charges: - $504.00 Attorneys' Fees & Costs of Suit - $4,094.84 Plaintiff Paid Date: 9/26/08 4ProthonotW7 (Seal) By: Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 80763 Real Estate Sale #44 On November 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 2434 South Market. St, Nkchan ors more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 14, 2008 By Real Estat Sergeant zS;b d 1-1,301 VAA1 3S3HS ?O 3 A S