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HomeMy WebLinkAbout07-6049GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005- BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. JAMES R. WILLIS Mortgagor and Real Owner 1401 Lowther Road Camp Hill, PA 17011 Defendant Term No. 01- 14gq e iv i t Ter M CIVIL ACTION: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-776-0100 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a coldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 5733417C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. The names and addresses of the Defendant is JAMES R. WILLIS, 1401 Lowther Road, Camp Hill, PA 17011, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On June 22, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SAVINGS MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1914, Page 709. The mortgage has been assigned to: THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 by assigmnent of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2006 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$150,742.85 Interest from 07/01/2006 through 10/31/2007 at 11.0500% .. .................$22,272.32 Per Diem interest rate at $45.64 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,537.14 Late Charges from 08/01/2006 to 10/31/2007 ....................... ...................$1,081.35 Monthly late charge amount at $72.09 Costs of suit and Title Search ................................................ ......................$900.00 Property Inspections ............................................................... ......................$124.50 BPO's ..................................................................................... ......................$400.00 Suspense ................................................................................. ................. -$1,020.62 Monthly Escrow amount $321.20 $182,037.54 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam 'judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $182,037.54, together with interest at the rate of $45.64, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. B y 1 GO ECK McCAF ERTY & McKEEVER BY: 36SEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Josh Lade , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 1 C.) 0 &- 2(f The B ,COKf New York Trust Company, as Successor Trustee to JPMorgan Chase Bank, National Association as Original Trustee for the MLMI SURF Trust, Series 2005-BC4, by Wilshire Credit Corporation, its Attorney in Fact Josh Lade Authorized Agent #981869 - JAMES R. WILLIS EjChibitA Issued Commonwealth Land Title Insurance Corporation N LandAmerica Commonwealth SCHEDULE A -continued- LEGAL DESCRIPTION si w A loj>;' Gffisr AIL t•7?t; osscs? Lq of Ian land tit. tewTl+?asia. stttarotcla .t a yet ota tAs sssubessu of uvtbw Ittest at the south""es>riy ]fee of IrweLescet > ?aseusl7 dses+ibed u pM pa t oasasr e! l0e?bseces 110941 wtur iawt is Vd- deed) ` :hk--a s 7 alwti satb leas e! Nm ustm !w41 s Beans m luevta; a ssdius e! foar bssdse41 fcor]4-etven me lie-tastLe t?4 is!tr as,?rG di?to0s °f dipri?.?r?.. toot lasso: roll taWS Lot Be, 4' ilaak '9!' m ? idtbsw(1pl.l9) fwt m a Petat bls"64 ai and sid? YO US. L46ses Dias 0! slaaatxs teat aloe; tbeete W4LW63( ).?) fpe ie a poiNd the 0M. aettll m and OaO 'b ttae I ds s fifty alna (59) silwtsa vest alR?? pO" s=' t ?r o ltobera 1ti'estteso atl41 %dL oat ProP llvtw OTI- ailbtOw oa =tm (103.46) feet co. a yof a?t on s ?t Ifim seuthurmly lies et lovolm 8ts,m(ti tum" arc ? bmdrtd nth toYetrair (4 ?e(ypyo4 Let is tote Plus o! CO asd fort7.'? osa- . atso Let 3b. ! ant the adz Pssttsa of tot ?ts• ! 4 UOSIL "1!' as sbain on tbs rim of? ? as reaerbd Sa !La lae ??eta s Nsr!s n. Ctabeda" ? Loosda. .O »-ssbdivtded is aaaasdsmss :Lt Ds a.P. t. eSVd t?svasss..a.e.s APVLL 5 . FAM = fl ?=+sf dwlll tease No. 1401 XwdAr treet. Case No. SA-05-09068 BEING the same premises which Warren S. Myers. Etux by Deed Dated 1/6/1981 and Recorded 1/21/1981 In Cumberland County in Book 29G on Page 666. granted and conveyed unto James R. Willis and Gloria E. Willis. In fee. Schedule A - Page 2 ConrNtnent No. SA-05-09080 This comrnilment is Invalid unless the IMormallon Sheet end schedules A and B are attached Eythibit (B Wilshire- August 27, 2007 WILLIS, JAMES R 1401 LOWTHER RD CAMP HILL, PA 17011 Wilshire Credit Corporation Payments P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence P.O. Box 8517, Portland, OR 97207-8517 L178E ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Phone 800.776.0100 Fax 503.952.7476 Web Site www.wcc.ml.com This is an official notice that the mortUge on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided to the attached pagz s. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your home This Notice explains how the program works. Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving our County are listed at This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. Wilshire's office hours arc Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E w WILLIS, JAMES R Loan No.:981869 Page 2 August 27, 2007 PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME : WILLIS, JAMES R PROPERTY ADDRESS LOAN ACCT. NO. ORIGINAL LENDER CURRENT SERVICER 1401 LOWTHER RD CAMP HILL, PA 170117537 981869 : WILMINGTON FINANCE Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face -to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling- agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.stec.co.us/cadckadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. W ilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. 6178E WILLIS, JAMES R Loan No.:981869 Page 3 August 27, 2007 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1401 LOWTHER RD CAMP HILL, PA 170117537 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $14,889.26 Late Charges $1,248.72 Other Charges $2,374.54 Suspense Amount -$1,020.62 TOTAL $17,491.90 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $17,491.90 PLUS (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE hnpl/www.ago.state.co.us/cadetcadcmain.cfm. NEW YORK CITY: Incense 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours we Monday - Friday 6:00 em to 5:00 pm Pacific time, holidays excluded. L178E WILLIS, JAMES R Loan No.:981869 Page 4 August 27, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DEFAULT - if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to accelerate the morteaee debt. This means that the entire outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon your morteaeed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY_ (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due any late or other charges then due reasonable attorney's fees any costs connected with the foreclosure sale any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by_pgrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender : Wilshire Credit Corporation Address Payments: P.O. Box 7195, Pasadena, CA 91109-7195 Corresyondence: P.O. Box 8517, Portland, OR 97207-8517 Phone Toll-Free: 800.776.0100 Fax Number 503.952.7476 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.usteadc/cademain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178E WILLIS, JAMES R Loan No.:981869 Page 5 August 27, 2007 Contact : Loan Servicing EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY If you have any questions, please contact us at our toll-free number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/caddcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178E 00 .? O ? J d n ti r ((P) Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN THF. [YNTRT nF rnMMnN Pi.F A c r1rTMRF12T . A Nil rniTN rv vFNNCVT V A NT A The Bank of New York Trust Company CIVIL ACTION Plaintiff FORECLOSURE V. James R. Willis I NO: 07-6049 Defendant 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 alle ati proof is demanded ai trial, B g on in said refers to the A By way of further answer, to the extent that said Paragraph strict greement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in conclusions of law to which no responsive pleading is . 9. The Defendant specifically denies each and eve said Paragraph are proof is demanded at trial. BrY allegation in requiredsaid strict refers to the Agreement, the way of further answer, to the extent that r said Paragraph required. By wa o f document speaks for itself and no responsive pleading is way further answer the allegations averred to in said Paragraph ar conclusions of law to which no responsive pleading is required. 10. The Defendant specifically denies each and eve e proof is demanded at trial. B rY allegation in said paragraph Y further answer, to the extent that said Paragraph refers to the Agreement, the d curve t speaks for itself and and strict required. By way of further answer the allegations averred to in responsive pleading is conclusions of law to which no responsive pleading is required. aid Para?'aph are 11. The Defendant hereby incorporatesv ll Prior a ag a hs a 12. The claim is barred by laches. P as herein stated. 13. The claim is barred by the statute of limitations. 14. The claim is barred by equitable 15. The claim is barred by estoppel. 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 s urn certain. L Michael E Stosic, Esq. do verify VERIFICATION The reason for the substitute veriatthat is that Dments made in said leadin away and time is of the essence to file said efendant and her counsel are s1 true and correct. that false s understand answer. Defendant will send a substitute verification. cl relating to tatements made herein are made subject to the enalties wisworn falsifications. P of 18 Pa.C.S. 4904 Respectfully Michael E Stosic ,Esq t) ?v .f_ gg"` '.y CZ) fl7 ( ), no Z1P7f Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY The Bank of New York Trust Company Plaintiff V. James R. Willis Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: PENNSYLVANIA CIVIL ACTION FORECLOSURE NO: 07-6049 Please enter my appearance on behalf of the Defendant(s) in the above matter. Date: Attorney for Defendants, Michael E Stosic, Esq Attomey ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 913-5300 ? a ? °°' ?, ? -?? is ? ? -(? ?Y t'.. ? ? 5...? ?t"' ..?? -? ? ?? C ? ' ' .? ? -, - j 7 a ?? a, By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center GOLDBECK McCAFFERTY & McKEEVER Professional Corporation 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 vs. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 Term No. 07-6049 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter as follows: 11. [sic] Plaintiff incorporates by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if fully set forth herein. 12-18. Denied. The averments in paragraphs twelve (12) through eighteen (18) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff's Complaint. GOLDBECK MCCAFFERTY AND MCKEEVER ec lly submitted, isa ee, Esquire Attorney for Plaintiff VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffs Reply to Defendant's New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. n A. Lee, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: THE LAW OFFICE OF MICHAEL E. STOSIC Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 GOLDBECK, McCAFFERTY & McKEEVER Date: Lisa A. Lee, squire Attorney for Plaintiff t7 C r - ? t -'mow ?r Of . AS. GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 CERTIFICATE OF SERVICE No. 07-6049 I, Nancy Kelleher, hereby certify that original and two copies of Plaintiff's Request for Interrogatories, Admission and Request for Production of Documents were served on Attorney for Defendant at the following address on the date listed below: THE LAW OFFICE OF MICHAEL E. STOSIC Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 Date: i ?' +4 (0-1 Nancy Kelleher Litigation Paralegal Phone: 215-825-6367 Fax: 215-825-6467 Email: nkelleher(agoldbecklaw.com ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY C3 4 ./ -'" GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Response to Defendants' Interrogatories and Request for Production of Documents was sent by first class mail, postage pre-paid, upon the following on the date listed below: THE LAW OFFICE OF MICHAEL E. STOSIC Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. CK McCAFFERTY & McKEEVER By: Z Lisa A. Lee, Es uire Attorney for Plaintiff ..?: C-5) (T GOLDBECK McCAFFERTY & MCKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 (hereinafter "Plaintiff') 2. Defendant is JAMES R. WILLIS (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on October 12, 2007. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer with New Matter on or about November 30, 2007, which does not raise any issue of material fact. Plaintiff has replied to the New Matter. True and correct copies of the Answer with New Matter and Reply to New Matter are attached hereto as Exhibits B and C, respectively. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER LISA A. LEE, ESQUIRE ATTORNEY FOR PLAINTIFF f GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Rick Wilken , being duly sworn according to law, deposes and says: 1. I am the Authorized Agent for Wilshire Credit Corp as attorney in fact for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. A 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, JAMES R. WILLIS, made, executed and delivered a Mortgage upon the premises, 1401 Lowther Road, Camp Hill, PA 17011, on June 22, 2005 to MORTGAGE ELECTRONIC REGISTRATIONS SYSTEM, INC., ACTING SOLELY AS NOMINEE FOR SAVINGS MORTGAGE, INC. 4. The mortgage is held by Plaintiff. The mortgage has been assigned. 5. The Mortgage is in default because monthly payments of principal and interest due August 01, 2006 and each month thereafter are due and unpaid. At no time from August 01, 2006 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit A to Plaintiff s Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. A 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 07/01/2006 through 10/31/2007 at 11.0500% Per Diem interest rate at $45.64 Reasonable Attorney s Fee at 5% of Principal Balance Late Charges from 08/01/2006 to 10/31/2007 Monthly late charge amount at $72.09 Costs of suit and Title Search Property Inspections BPO s Suspense Monthly Escrow amount $321.20 $150,742.85 $22,272.32 $7,537.14 $1,081.35 $900.00 $124.50 $400.00 -$1,020.62 $182,037.54 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me th* day: Rick Wilken Authorized Agent of p 07: Not , Pub JAMES C. MORRIS NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Vs. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendant who is the Mortgagor and Real Owner of the real property located at 1401 Lowther Road, Camp Hill, PA 17011 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer and New Matter. Plaintiff has replied to the New Matter and now moves for Summary Judgment. This memorandum is offered in support of the Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. sue., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or fiuther affidavits. The only issue before the Court is whether Defendant's Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendant denies paragraph 1 of the Complaint, specifically the identity of the Plaintiff. Plaintiff is the assignee of the Mortgage and the real party in interest entitled to bring this action. Defendant admits paragraph 2 of the Complaint, specifically the identity of the Defendant. In paragraph 3 and 4 of the Answer, Defendant denies for lack of knowledge the execution and assignment of the mortgage and the mortgage recording information. The execution and assignment of the mortgage, the recording information and the legal description of the Property are matters of public record and may not be denied for lack of knowledge. See, Goodrich vs. Amram 2d, Section 1029(c :1 at p.p. 279-80. Accordingly, said lack of knowledge denials constitute admissions. Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See, Pa.R.C.P. 1019(g). Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendant answers these specific averments by invoking general denials under Pennsylvania Rule of Civil Procedure 1029. Defendant makes no specific response whatsoever regarding Defendant's failure to tender monthly payments or the amounts due and owing. Defendant cannot simply invoke Pa. R.C.P. 1029(c) when Defendant, as well as Plaintiff, has knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of his own mortgage account, Defendant is deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, therefore, Plaintiff respectfully suggests this Honorable Court should conclude, based upon the deemed admissions of the Defendant and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant's general denial as to the amounts due and owing in paragraph 6 of the Complaint is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. sea. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendant generally denies paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendant has received a discharge of his personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendant moves to again offer the same general denial to paragraph 9 of the Complaint without any factual allegations. This denial is insufficient. Plaintiff complied with Act 91, averred that fact in its Complaint, verified that fact under penalty of perjury on two occasions and attached copies of the Act 91 Notice to its Complaint. The required Act 91 Notice was sent by Plaintiff on August 27, 2007 (See, Exhibit B of Complaint). The law only requires that the Act 91 Notice be sent and not necessarily received. See, 35 P.S. 1680.403(c)(a). The answering Defendant has failed to properly respond to the numbered paragraphs of Plaintiff's Complaint regarding paragraph 10. There is no paragraph 10 in Plaintiff's Complaint. Further, with regard to Defendant's New Matter, paragraphs 11 through 18, these allegations are mere conclusions with no specific facts plead in support of Defendant's theory and provide no basis to deny Plaintiffs Motion for Summary Judgment. Accordingly, no genuine issue of fact is raised. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, ECK MCCAFFERTY & MCKEEVER BY: UAL A. LEE, SQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 ATTORNEY FOR PLAINTIFF Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-6049 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 EXHIBIT LIST A. Complaint B. Answer with New Matter C. Reply to New Matter D. Mortgage E. Assignment of Mortgage F. Note EXHIBIT "P•, GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SurrE 5000 - -1d10ftkrMkx11!:y 701 MARKET PMLADEL.P 91 (215) 627-1322 W W W.COLDBECKLAW. OPY ATTORNEY FOR THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE ML1VII SURF TRUST, SERIES 2005- BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. VIEUJS Mortgagor and Real Owner 1401 Lowther Road Camp Hill, PA 17011 THIS IS Y ! HEREBY CERTIFY THAT A TAE fu4D opiGINAL BILE THE opiGINAL BILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Plaint Term No. 07_ 6449 OAVi 1 TerM CML ACTION: MORTGAGE FORECLOSURE Defendant 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 the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 o 4 LEGAL SERVICES INC 8 Irvine Row `• - ' ?'' c'' Carlisle PA 17013 717-243-9400 rv m s c ) AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, IA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CLWLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS R-APORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER$ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS . ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT QWED TO OUR CLIENT. ANY INFORMATION OBTAMD FROM YOU DEBT, BE USED FOR TBE PURPOSE OF CQWaM THE Resources available for Hom2pwm in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call eithm.of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at I-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-776-0100 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account ciurent, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a)goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 57334FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. 1. Plaintiff is ICOMPAN?I' ?? ? x THIS is p JPMORG CHASE B SOCIATION, THE itwn MI.MI SURF TRUST, 2 4 4523 SW Millikan Way, 4eavTron, OR 97005. 2. The names and addresses of the Defendant is JAMES R. WILLIS, 1401 Lowther Road, Camp Hill, PA 17011, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 22, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SAVINGS MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1914, Page 709. The mortgage has been assigned to: THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ('Property„) 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2006 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$150,742.85 Interest from 07/01/2006 through 10/31/2007 at 11.050001a ...................$22,272.32 Per Diem interest rate at $45.64 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,537.14 Late Charges from 08/01/2006 to 10/31/2007 ....................... ...................$1,081.35 Monthly late charge amount at $72.09 Costs of suit and Title Search ................................................ ......................$900.00 Property Inspections ............................................................... ......................$124.50 BPO's ..................................................................................... ......................$400.00 Suspense ................................................................................. ................. -$1,020.62 Monthly Escrow amount $321.20 $182,037.54 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $182,037.54, together with interest at the rate of $45.64, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terns of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By. a A GO *AGolDBEM C RTY & McKEEVER BY: SEPH IR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, imb tOe , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the bets .set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date:-L, C) 0 6- The B f New York Trust Company, as Successor Trustee to JPMorgan Chase Bank, National Association as Original Trustee for the MLM SURF Trust, Series 2005-BC4, by Wilshire Credit Corporation, its Attorney in Fact Josh Lob Aiuft"t ed Agent #981869 - JAMES R_ WffI IS ExfiibitA hVied ft C"WMMv8d& LOW Ile Yrsura "OWtpMOM l andAmerka Case No. SA-0540= Commonwealth SCHEDULE A - condmed - LEGAL DESCRIPTION doaOfbls .f a Isatr i ffadtwftx b fN « r •sei.a at t11..e 1fNilll?? a as of istfs t;i fef ADA`! as ?Myi???tMtasi , alm wt; w t?taa st.#aa of wn at votiffinu Mal ' ?rs3 .. •L. «?. Apu J. up. t>Mn.,.s...w BEING llle soft pM01144 Whkb WOM & idAM Elux by Dead Dated IMM991 and RooW M 1120961 In Cumberland County In Book 290 on Pays US, gw4ed and oorneyad unto ism= R. W1k and Gloria E Wife, In fee. sd?ar. A- rte: oonrnirw Na iMS?1eN ThU oanan'W is trram.area e¦ Manwin Slat and Sdotdas Ark a we fpfdMtl Exhibit B ? Wilshire- Aupa 27, 2007 Wilshire Credit Corporation Paytnestte P.O. Bw 7195, Pasethme, CA 91109.7195 Comes Mmenoe P.O. Box 8517, Pottlend. OR 97207.8317 Phone 800.776.0100 WILLIS, JAMES R 1401 LOWTHER RD CAMP HILL, PA 17011 LIME ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Fox 60S.=747a V t?sta www.wpcm.coln The HOMEOWNER'S MORTGAGE ASS15JAME PROGRAM (HEMAP) My be able to help to sa vour Counseling Aggnnev This notice contains important legal infornmtion. If you have any questions, representatives at the consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMO IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEMDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. FUEDES SER ELEOIBLE PARA UN PR$STAMO POR EL PROGRAMA LLAMADO'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA (Casrdntted) YOU SHOULD CIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMeS ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANI(RUPTCY OR RECEIVED A BANULIPTCY DISCHARGE OF THIS DEBT. THIS USITER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTK'E OF POUBLE BINFORCEMW OF OUR UEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR OfFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACMES ACT. SEE hVP:/Amw aevjt0aoawfcKWcadcroaia.cfbi. NEW YORK CITYt L,ioeme 1032!31. NORTH CANOLIKA: PO=k 3840. TE PI SM& This odlecdon eSeecy a IicWd*d by the- Co6ectioe Service Bond of die De KW=t of Cot t= end hpwancL Wilshire Credit Gnporuior Is licensed fe der husim= at 14323 S.W. Mine= Way, Beavaten, OR. WBsbire's ottlee hops: we Monday - Friday 6:00 no to 3:00 Pm Pacific thuc, hosda" excluded. 4178£ WILLIS, JAMES R Loan No.:981869 Pap 2 August 27, 2007 PERDIDA DEL DERECHO A REDIMIR SU HHUTWA. HOMEOWNERS' NAME WILLIS, JAMES R PROPERTY ADDRESS 1401 LOW THER RD CAMP HILL, PA 170117537 LOAN ACCT. NO. 981869 ORIGINAL LENDER WILMINGTON FINANCE CURRENT SERVICER Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE A8SMANCE PROGRAM YOU MAY BE ELIGIBLE FOR WANCIAL SISTANCE WHICH CAN SAVE YO m HOME FROI?J FOR .f' .OS RE AND HELP YOU MAKE EMM MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE H MEOWNEWS EMERO gWy MQItTrerE ASSISTANCE ACT OF 1983 (THE "ACT"L YOU MAV BE ELIGIBLE FOR EWRCjFWVv IWn2Tr erzR 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. TEMPOi "y STAY OF FOR .A.4i[IRF. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. PART QE THIS NOTICE CALM "HOW TO CURB YOUR MORTGAGE D AU XP S HOW TO BRING YQUR MORTGAGE UP TO D TE CONSU CRED LING AG CI ES - If you meet with one of the consunw credit counseling agencies listed at the end of this notice, the leader may NOT take action against you for thirty (30) days aft the daft of this meeting of i agMgies th couRV i is located are set fQd at-the end this Nofice, It is only necessary to schedule one face-to-face meeting Advise your lender immediate; of your intentions. YOU SHOULD CONSIDER THIS L.g'1'1'!;R AS COMM FROM A DEBT COLLECTOR As WE SOMETIMES ACT AS A DEBT COLLECrm ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEMED A BANKRUPTCY DISCHARGE OF THIS DEBT. THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF Possm.E 6MFoRCEMWr OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO. FOR FORMATION ABOUT THE COLORADO, FAIR DEBT COLL.EG rM PRA TKW ACT, SEE h1W**+x+ Apjtsie-oo.usxdvad="c6n. NW YORK CM: Lkease 1002551. NORTH CAROLINA. Pamk 38401 TAE: TW eosee im spay is licensed by the Cokedoe SeMoe Board of the Department of Commerce and Incrranm WiMbs Ov& Corporative Is Noaroed to do buskin at 14M S.W. MMIkes Way, Beaverton. OR. WiW*c's office !tours an Monday - Friday 6:00 mt to 500 pm Pacific time, bonds" a eb&d. L17SE WILLM JAMES R Loan No.:981869 Page 3 August 27,2007 APPLICATION FOR MORTGAGE ASSISTANCE .Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistium Program. To do so, you most 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 and of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days ofyour feco-to4ce meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO 30 OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME I Id"IATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR. INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) H TO CURE YOUR MORTGAGE E A LT (RdIll i u to date. NATURE OFF = DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1401 LOWTHER RD CAMP HILL, PA 170117537 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $14,88916 Late Charges $1,248.72 Other Charges $2,374.54 Suspense Amount -$1,020.62 TOTAL $17,491.90 HOW TQ QURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the data of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 1S $17,491.90 PLUS YOU SHOULD CONSIDER THIS LETTER AS COMM FROM A DEBT COLLECTOR AS WE SOMM MRS ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NO= OF POSSIBLE WORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT. $EE hnp'JMwwjv-it Loo, NEW YORK CJTY: t.ioettse 103255 1. NORTH CAROLINA: Pantie 3N0: TFJ+iNEML 7bb coo**= qpy is licensed by the Coaemos Service Bard of the Departmeae of Camm = and btswom %lidd a Cxdh Cogoraion it Earned to do baweess at 145M S.W. MRIam Way, Bewaton, OIL WilshWs o1Roe bass are Monday . Friday 6:00 am to S.-M pa Pacific time, bolidays cwhWed. L17SE WILLIS, JAMES R Loam No.:98180 Page 4 August Z7, 2007 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pam must be made either bv_cashices dl & certified check or manev order nmde Vlyabk gnd sent o: Wilshire Credit Cerporaden, P.O Box 71195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the kmkr intends to gordso s rights to debt. This means that the entire outstanding balance of the debt will be considered due immediately And you may lose the chance to pay the mortgage in monthly instalhnents. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose utaoo Your mortgazed arodert% IF THE MORTGAGE IS EMQOSED UPON - The mortgaged property will be sold by the Sheriff to pay Off the mertgaga debt. If the lender mfrn your ease to it's attorneys, but you cure flee delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. _Itroo cure Go &farlt whbb tLe THIRTY (31) DAY aeried. You wM not be reauired to pay attornWs fan. OTHER LENDER REINIEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO IBMIS SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, 3gLWII have the right to cure the and by ortni g any gW Mguimnunts under the mga Curing yew 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 SHLRIMS M" pATIC - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approxin ately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO Ma&CT THE LENDER; Narne of Lender : Wilshire Credit Corporation Address its: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517, Portland, OR 97207-8517 Phone TOIL-free: 800.776.0100 Fax Number : 503.952.7476 lG" YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COI1=0R AS WE SOMETIMES ACT AS A DEBT COLLISCTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO ( MLWrTM DEBT. HOWEVER, W YOU ARE IN BANKRUPTCY OR RECEIVED A BAl'pMUFCY D[SCIiA M OF THIS DEBT, THIS LETTER 5 NOT AN AT'r"T TO COLLECT THE DEBT. BUr MOTIM OF POSWW 0MRC 3 M OF OUR LMN AGAINST THE COLLATERAL PROMM. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAUt DEBT COLtECT10I'I FRACI= ACT, SEE bitpr.Aw w . alo.staltao N= YORK CrrV, License 1032351. NORTH CAROLINA: FerM 3110: TFJI IMEE: Thin eo&Wm ?y is liceasod by die Caleetim Saylor Bond of the Delm maK of Commwa and ksmmm Wilshire Cta k Calomtioa is Nodurd W do bNOOM at 11323 S.W. MM= Way. BeaverNm OR Wilshire's onion boars are Monday . FrWay x-00 am a 5:00 pm PadSc thK holidays ow6dea 1173E WILLIS, JAMES R Loan No.:991969 Page S August 27, 2007 Contact : Loan Savicing EFFECT OF SH>rlMS - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and you right to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your f4unishings and other belongings could be started by the lender at any time. AS3UNIn= OFMQILGAGE - You may or way not sell or transfer you 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 arc paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY AM HA E BLCM: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSMON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ATTACHED CQNMM CREDIT SELIN GENCIES CO If you have any questions, please contact us at our toll-fra number above. Sincerely, Loan Servicing Enclosures: PA CCCS List, How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR ANY INFORMATION PROVIDED BY YOU WILL BE USED TO CGUZCT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIV® A BANKRUPTCY DISCHARGE OF THIS DEBT. THIS LETTER IS NOT AN ATTEMPT TO COUBCT THE DEBT, BUT NOTICE OF POSSIBLE ENFMCEMENT OF OUR LIEN AGAINST THE COLIATBRAL PROPERTY. COLORADO: FOR INFORMATION ABOI T THE COLORADO FAIR DEBT COLLtK:IION PRACTICES ACT, SEE MP:#WWW•a$itaLco NM YORK CrrY' Lim se 1032SS1. NORTH CAROLINA- Pemk 3NR TRISiV ; T* oolhot an any is Iioeracd by the Collection Savice Board or the Depa www of Conexam and Iaaaaace. WUsWo Credit Cerperaaw m liaised a do badness at 11323 S.W. MOakaa Way, Bamaton, OR. Wrlshim's oAke bows we Monday - Friday 6:00 am to 5:00 pm Pacific time, hdidaw eaok" Ll78B EXHI3;T "Bog Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 c ? 2 o , ?-, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV A ?. The Bank of New York Trust Company CIVIL ACTION rv Plaintiff FORECLOSUR _ o V. no D? ?m James R. Willis NO: 07-6049 o N -< Defendant 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 fin-ther 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 1, 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 EXHIBIT °aC" GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 Term No. 07-6049 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter as follows: 11. [sic] Plaintiff incorporates by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if fully set forth herein. 12-18. Denied. The averments in paragraphs twelve (12) through eighteen (18) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiffs Complaint. GOLDBECK MCCAFFERTY AND MCKEEVER 4Aee, y submitted, q1sa Esquire Attorney for Plaintiff VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Reply to Defendant's New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. n A. Lee, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McHEEVER A Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: THE LAW OFFICE OF MICHAEL E. STOSIC Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 GOLD BECK, McCAFFERTY & MCKEEVER Date: 'AI In Lisa A. Lee, hsquire Attorney for Plaintiff EXHM7 rl&Dg 0 10 gn e(, q This Instrument Prepared By: After Recording Return To: SAVINGS MORTGAGE INC 105 SOUTH 7TH H*EET 3RD FLOOR PHILADELPHIA, PENNSYLVANIA 19106 Loan Number: V0506014600 Uniform Parcel Identifier Number: 13 - 2 3- 0 5 4 5- 2 72 Property Address: 1401 LOWTHER RD CAMP HILL, PENNSYLVANIA 17011 [Space Above This Line For Recording Dotal MORTGAGE MIN: 1003099-0506014600-4 DEFIMTIONS `RUfC Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 22, 2005 , together with all Riders to this document. (B) "Borrower" is JAMES R WILLIS Borrower is the mortgagor under this Security Instrument. (C) "MERS" is mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Leader's successors and assigns. bVIM ht the mortgagee under this Security Irstrumait. MERS 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) 679-MFRS. (U) "Larder" is SAVINGS MORTGAGE, INC Leader is a DELAWARE CORPORATION organized PENNSYLVANIA-Single Fain-N?r OocsagraOYYamN ae0e/e.rae2 Fannie Mee/Freddie Moo UNIFORM INSTRUMENT . MERS www.dscns"k.com Form 3039 01101 Page 1 of 16 • 0 and existing under the laws of DELAWARE Lender's address is 105 SOUTH 7TH STREET, 3RD FLOOR, PHILADELPHIA, PENNSYLVANIA 19106 (E) "Note" means the promissory rote signed by Borrower and dated JUNE 22, 2005 The Note states that Borrower owes Lender ONE HUNDRED FIFTY-TWO THOUSAND AND 00/100 Dollars (U.S. $ 15 2, 0 0 0.0 0 ) phis interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 1, 2035 (F) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property." (G) "Loan" mans the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" mans all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ® Other(s) [specify) ? 1.4 Family Rider ? Biweekly Payment Rider PREPAYMENT RIDER (I) "Applicable Law" -am all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules said orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (n "Community Association Dues, Fees, and Assessments" mesas all dues, fee, 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, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. N "Escrow Itenn" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (i) condemnation or other taking of all or any part of the Property; (ii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. Oh "Mortgage Insurance" mum insurance protecting Lander against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. J2601 of seq.) and its Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or my additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, PENNSYLVANIA-Single Family tJOeaarpledwavaow sooeanxs Fannie Mae/Freddie Mae UNIFORM INSTRUMENT. MERS www.dsome3 .aem Form 3039 01101 Page 2 or 16 a+.mv.moas.w¦ liiiiaiini imiimi iiiillill illilN "RESPA" refers to all requirements and restrictions that arc imposed in regard to a "federally related mortgage loan* even if the Lam does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Sucamor in Interest of Borrower" mum any party that has taken title to die Property, whether or not that party has assumed Borrower's obligations under the Note mWor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agranents 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 Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of CUMBERLAND Irype of Rawding Juriviiaionl INsmo of Reoordiol Jorisdkdon) RECORD BOOK 29G PAGE 666 A.P.N. #: 13-23-0545-272 which currently has the address of 1401 LOWTHER RD IStreetl CAMP HILL , Pennsylvania 17011 ("Property Address"): Icily] (zip code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in 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 necessary to comply with law or custom, MERE (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 arty action required of Leader including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. gram 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 claim and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for rational use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVAMA-Sindo Famly poglpyle?YtaXM ioe4ss.r,xs Fwmia Mae/Froddia Moo UNIFORM INSTRUMENT - MERS www.d ono b osrw Form 3039 01101 Pogo 3 of 16 ??° gINIIgIqNl?1 IIUIIIIIlg111?II1gINql?il 0 • UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Item, Prepayment Charges, and Late Charon. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Iudrumant be nude in one or more of the following forms, as selected by Lender: (a) crib; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 13. Lender may return any payment or partial payment if the payment or partial payments we insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such uralt IW funds until Borrower snakes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrwnent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists titer the payment is applied to the full payment of ow or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by lender under Section S: and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower PENNSYLVANIA-Single Family na ~dV%N= W0440-1302 Fannie Mae/Freddle Moo UNIFORM INSTRUMENT - MERS anerw doema}!e oem Form 3039 01101 Pepe 4 of 16 ?????? ?INII?INI?IIIN1Ipl?ll 1?1?11111 NII?III N? 0 • to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items.' At origination or at any time during the term of the Lotus, [ender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Fonds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments std to provide receipts shall for all purposes be doomed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, parsuant to a waiver, and Borrower Is& to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 13 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are than required under this Section 3. Lender may, at any time, collect and hold Furls in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of torrent data aW reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits am so insured) or in my Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shill give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If them is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RESPA, but in no mom than 12 monthly payments. If them is a deficiency of Furls held in escrow, as defined under RF.SPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no mom than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Chan; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or growl rents on the Property, if any, mA Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. PENNSYLVANIA--Sinyl• Family Doeaarrtfedrdazra sense-1362 Fannie Mae&eddle Mao UNIFORM INSTRUMENT - MERS www.d vnugte.eem Form 3039 01101 Pape 5 of 16 ??? gigllqiq?liq?tlql?l I?Illggqlllqlllliql • • Borrower WWI promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in. legal proceedings which in Lender's opinion operate to prevent the enforcement of the lion while those proceedings are pending, but only until such proceedings an concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of die 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. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage,' and any other baunls 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 pariods that Lender requires. What Lender requires pursuant to the preceding sentetuxs can change during the term of die Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a ono- time charge for flood zone determination, certification and tracking services; or (b) a one-time chugs far flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the property, against arty risk, hazard or liability and might provide grater 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 S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall tame Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtaims any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Union Lender and Borrower otherwise agree in writing, a" insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. PENNSYLVANIA-Single Famiy Decaaepfa4W%WW0 eoaasa.rau Fannie Mse/Fraddie Mao UNIFORM INSTRUMENT - MFRS arrlr4doometo.eors Form 3039 01101 Peps 6 of 16 ??? Bl?ll?la?lll?l?ll?l INI{IN??{?II?N? 0 0 During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Linder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third patties, retained by Borrower shall not be paid our 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 world be lessened, the insurance proceeds shall be applied to the same secured by this Security Instrument, whether or not then due, wilt 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 arty available hevcance claim and related matters. If Borrower does not respond within 30 days to a node from Leader that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either even, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby asaigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any otter of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tie Note or this Seem* Instromem, whether or not dint due. 6. 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 data of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Presavation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If irmirence or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in it 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 inspections 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 rich an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shalt be in defautlt if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Leader (or faded 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. PENNSYLVANIA--Single Foully DosaeftftsDtarme soot teat Fannie MaelFreddle Mac UNIFORM INSTRUMENT - MFRS www.doama91&oow Form 3039 01101 Page 7 of 16 IY70rfa,®,.UM 111 111 11 0 1 0 1 p01 l191 1011111 Mimi 0 0 9. Protection of Lender's Interest In the Property and Rights Under this Secw ity Instrumen . If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signifrcantly 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 socuring and/or repairing the Property. Lender's actions can include, but an not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not 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. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with sit the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Low, Borrower shall pay the premiums required to maintain the Mortgage hwurartce in effect. If, for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premium for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage wand to be in effect. Lender will accept, use and retain these payments as a non-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 fSill, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage lnvz ce coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, ad Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Imams as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Inauatrce, Borrower shall pay the premium required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Leader'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 Insumrance reimburses Lender (or any entity that purchases the Note) for certain losses it may in= if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. PENNSYLVANIA-Shoo FamMY Oo~6tata°®° eee'ep'tXs Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.d o eskeow Form 3039 01/01 Papa 8 of 16 ??'? IIINIINI??ll?lw pl?l 1?111?1g1 ?IMIII?? 0 0 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 cermha and conditions that are satisfaaory to the mortgage insurer and the other party (or parties) to time agreements. These agreements may require the mortgage insurer to maim 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, Under, any purchaser of the Note, another lasurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fiom (or might be characteriud as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing loan. 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 terau of the Loan. Suds agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not eadde Borrower to any reflmd. (b) Any such agreements will not affect die rights Borrower has - If any - with respect to the Mortgage Insurance under the Horneo.nters Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated autontatidiy, andfor to receive a reflood of any Mortgage Insurance premiums that were unearned at due time of such cancellation or ttrmdnation. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 1 f the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Under has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, 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 secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction. or loss in value is equal to or greater than the amount of the smo: secured by this Security Instrument immediately before the partial taking, destruction, or lass in value, unless Borrower and Under otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the &mocmt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sum secured immediately before the partial taking. destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or lass in value. Any balance shall be paid to Borrower. PENNSYLVANIA-Sin a Famay Doeaaga:dGUaaoaa oMC4V-tau Fannie Maa/Freddh Mee UNIFORM INSTRUMENT - MEM wwav.daaassft.ara Form 3039 01/01 Paaa 9 of 16 ?'??? ?I?IIIIU?IA?N I?II?I I?IIINI?I IdINHII NI In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sslma secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defuud in the next sentence) offer to make an award to settle a claim for damages, Borrower fans to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Leader'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 Instrumern. Borrower can care such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall. be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) Is not personally obligated to pay the aims secured by this Security Instrument; and (c) agrees that Lender and any other Borrower cut agree to extend, modify, krbear or make any accommodations with regard to the terms of this Security Instrument or die Nora without the co-signer's consent. Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower dell not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, PENNSYLVANIA--Single Family DecMapr dWW=ai a466406tNZ Fannie MaalFraddie Mao UNIFORM INSTRUMENT - MERS www.draou#&s Form 3039 01101 Papa 10 of 16 WlaOS.aa MUR 1111111111001 101101IM11211111 WHEN 0 0 including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that an expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lima; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or rat a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund cads by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first clan trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify 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. Then may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class nail to Lender's address stated here in unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument WWI not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sever'ability; Rules of 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 "I not affect other provisions of this security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 111. Transfer of the Property or a Bene&W 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 dead, contract for decd, 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, PENNSYLVANIA-Skala Famey paaai?kre:IFA MON sowy.?.rsi Fannie Mael wWle Mac UNIFORM INSTRUMENT - MERS www.draar&c*vn Form 3039 01101 Page 11 of Is ?°????? niNIi?IN?IIIN???l?l! III?l?11111?1l?1a 0 • Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lander if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sutras secured by this Security Instmm=L If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument diacontimted at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those 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 agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, creamer'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. Uponreimatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servieer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Inatrmmennt) 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 other mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will sate the name and address of the now Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Lone Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower not Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of & class) that arises from the other party's actions pursuant to this Security Instmmew or that alleges that the other patty has beached 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 incompliance 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 nowt elapse before ecru" 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 PENNSYLVANIA-Single Featly DoelMoptod0Yown 800-040-1x2 Fend. Meet noddle &%a UNIFORM INSTRUMENT - MERS wwm.deaare9k. eam Form 3039 01101 Pepe 12 of 16 r nms,®.mr.= 111111111101 N 11 NI IEINI1111 NN IINII III to Borrower pursuant to Section 18 shall be deemed to satisfy the notioe and oppornmaity to tab corrective aaionprovisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardow Substances' are time suhswices defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law aW the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction when 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. 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 affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Conditiom, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Sabstatue, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrmnent (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borroww of, among other things: (a) the default; (b) the action required to acre the default; (c) wbat the default moat be cured; and (d) that failure to care the default as specified may mWt in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall father inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-exlstetee of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lander at its option may require immediate payment in full of all sums seared by this Security instrument without further demand and may foreclose this Security Instrument by judkhd proceeding. Lander shall be entliled to collect all expenses Incrred In pursuing the remedles provided in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent perrdtted 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 PENNSYLVANIA-Single Family t?oeA?pfa011orma 80040-Ue2 Fennis McURaddis Msc UNIFORM INSTRUMENT. • MERE www.dvcros ILdam Fam 3039 01/01 Page 13 of 16 ft"J.u.ra 111111111MINI MlHI »a11111M11011111M • 0 Security Instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Walters. 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 ale 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 tide to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate Alter Judgment. Borrower agrees that the interest rate payable after a judgment is encored on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 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. r ?w LL?L ' (Seal) S R WILLIS -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Witness: Witness: _ (Seal) -Borrower (Sea) -Borrower _ (Seal) -Borrower PIbHNSYLVANIA--SinpN FrnIy DocA11,006VbUMS 80"4611362 Fannie Ma/FraddIa Moo UNIFORM INSTRUMENT - MERS ?/ Form 3039 01101 Page 14 of IS ?,?.,..? 81?1111??III?IN ?Hl?ll 1111111 11?111?1 ?1 • • COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this the day of ? cs. a-tk--()S , before me, the undersigned officer, personally appeared JAMES R WILLIS known to me (or satisfactorily proven) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged that helsbaldt ;,y executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and official seals. 0JA " - 9 &n::? Q-31 t&4 'k I Signature Tide of Officer (Notary's Stamp and Embosser) My commission expires: 1-9 COMMOrMAM7FI OF PENNSYLVANIA We is so KVW* K Lti w. Nott4y Pardo Gttxne Twp. Fratildn Ow* M camadrmOphN.tan 05000 tvgedser. Panm*Sft AGIN1e11011 01 Nobnea PENNSYLVANIA--Singpl?e FamlyY DoeasgfeeotMOas soo~ar2 Fannie Mae/Fnddie Moo UNIFORM INSTRUWNT - MFRS www deeiwesfe.co w Form 3039 01/01 Pepe 1S of 16 M.RMAW11AM IIIIIININIINIIAIN N I I81=101011111 0 1101111 9 0 Ceninate of Reddm of Mort t= The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agetu of the Mortgagee maned in the within instruinetnr and (ii) Mortgagee's precise residence is: 105 SOUTH 7TH STREET, 3RD FLOOR, PHILADELPHIA, PENNSYLVANIA 19106 Witness my hand this 2 Z day of 3U n e- ZOO f Lg j"2"'o Siem m of Moe jajee or Mortgagee's Duly Andaraed Anomey or Ajaat Type or Prk dame ofMmWw at Morimm's Duty Aol =kW Au mm or Ajax PENNSYLVANIA--SinyIa Fmnly 00 ~41PIossooe eoaeae IN2 Fannie MaelFreddle goo UNIFORM INSTRUMENT - MERS arww.dem»ayi &o m Form 3039 01101 Pape 16 of 16 pamx?L« lllllliinisi lioi imiMilili Ilmilill .? a5?9? r_ n.; A, )? I a-b 12---- INSTRUMENT PREPARED BY AND WHEN RECORDED MAIL TO: Wilshire Credit Corporation 14523 SW Millikan Rd. #200 Beaverton, OR. 97005 100309905060146004 Loan; 981869 APN /Tax M: 13-23-0545-272 This area for recording office use Corporate Assignment of Mortgage/Deed of Trust Dated 8/23/2005 FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to The Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan Chase Bank, National Association as original Trustee for the MLMI SURF Trust Series 2005-BC4 with an address of 101 Barclay Street, New York, NY 10286 All beneficial interest under that certain Mortgage/Deed of Trust dated 6122/2005 and executed by WILLIS, JAMES R, the original lender being SAVINGS MORTGAGE, INC., A DELAWARE CORPORATION, in the original amount of $152,000.00 Recorded on 7111/2005 in book 1914 at page 0709 as Instrument No. County Recorder's office of Cumberland, State of Pennsylvania. of Official Records in the Property Address: 1401 LOWTHER RD, CAMP HILL, PA 170117537 See attached legal description Together with the note or notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under this MortgagoDeed of Trust. "MFRS" is Mortgage Electronic Registration Systems, Inc. as Nominee for SAVINGS MORTGAGE, INC., A DELAWARE CORPORATION Name: Chris Decker Title: Assistant Secretary f Witness: Ai&nWk 100309905060146004 Loan: 981869 APN / Tax ID: 13-23-0545-272 STATE OF OR COUNTY OF Washington Chris Decker, who is the Assistant On 10115/2007 before me, Melissa Tomlin, Notary Public, Personally a=VI Secretary of said?en for s S f ?.S, fv,c y as n n e s '-' Soy°,,.,-ds A. Def.-"',C4 Cero,.r- 4-ion Personally known to me -OR- ? Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and I do certify that the precise address of the acknowledged to me that he/s they executed the same in within named Assignee is 101 Barclay Street, der/their authorized capaci ie and that by his/her/their New York, NY 10286. signature(s) on the insliunent the ers n(s), or th e ttity upon behalf of which the pgson(s) acted, exec the ins n Notary Public dON ??j4M419920 --"4a fin't Issued Commatwealth Land Me Inswance Corporation LandAmerica Commonwealth SCHEDULE A - continued - LEGAL DESCRIPTION ? ter ossoes?ay? o! ei ? d?e??? ?? ? t? ss ads ra ?s tro?a<'bssHe Jli?tt Of add aui do w l ? - 7+7 --- ^- - COR &a to 09 9M 11 >Y ? . SOC. ? ?O ? e "! l 'rN4 WWI rum, a" =dYat >ie. ? f 63US ll9) feet to a "tu mopes 31AM dapceasa?tae atauas wpb elail$ ;02 to a POW dianos sasCla and st cam dO?"Na fi 441 (91 aL+ tss vut &Ua aoba s N. 7vo avd wife me bled tye S? tL0l.9t±) !sue to_' l? 0 unighm >Ita<aet Usims a?? d ULM is o& ofte to as alas of • . lam e•. t i Ia ? s! t %•put W a.:. tys?es. 1 , q=1q *ese0s etaet5s A a satm o+aill? o bowe 110. M LsMt9W C. 1" zu. Case No. SA-03-09068 SONG the same pulses which Warren S. Myers, Rix by Dead Dated 1/8/1981 and PAcorded 1/2111981 in Cumberiand County at Book 29G on Page 666, granted and conveyed unto James R. Willis and Gloria E. WBtis, In fee. Schedule A - Page 2 Cammibns d No. SA45.09068 This W.M. M is i- We" the WOMI U M Sheet and Schedules A and 6 are attached ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200741270 Recorded On 10/31/2007 At 10:20:20 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 7809 User ID - AF * Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Mortgagee - BANK OF NEW YORK TRUST CO N A * Customer - GOLDBECK * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $2.00 $3.00 $27.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O? * - Infermatioa denoted by an asterisk may ebange during the verification process and may not be reflected on this page. 111111111111111 r A, con MIN: 1003099-0506014600-4 Loan Number: V0506014600 ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journal)-Rate Caps) 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. JUNE 22, 2005 PHILADELPHIA PENNSYLVANIA IDakl ICityl Iii 1401 LOWTHER RD, CAMP HILL, PENNSYLVANIA 17011 11'?epeny AWn ul 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, 1 promise to pay U.S. $ 152, 000.00 (this amount is called 'Principal'), plus interest, to the order of Lender. Lender is SAVINGS MORTGAGE, INC, A DELAWARE CORPORATION (CFL\DRE # 0131) 1 will nuke all payments under this Note in the form of cash, check or money order. I understated that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is gelled the 'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until de full amount of Principal has been paid. I will pay interest of a yearly rate of 8. 050 %. The interest rate I will pay may change in accordance with Section 4 of this Note. 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(9) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. will snake my monthly payments on the 1st day of each month beginning on AUGUST 1 2005 . I will make these payments every month until 1 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 he applied to interest before Principal. If, on JULY 1, 2035 , 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the 'Maturity Date.' 1 will make my monthly payments at 105 SOUTH 7TH STREET, 3RD FLOOR, PHILADELPHIA, PENNSYLVANIA 19106 or at a different place if required by the Note Holder. (B) Amount of My Inith d Monthly Payments Each of my initial monthly payments will he in the amount of U.S. S 1, 120 .62 This amount may change. (C) Monthly Payment Changes granges in my monthly payment will reflect changes in the unpaid principal of my lose and in the interest rue 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. MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Form 3520 1101 LAS PUBLISHED IN THE WALL STREErJDURNALI--Slops; Family 0wil4 dE% oo@ eaoeesrar= Farmie Mae MODIFIED INSTRUMENT Pape 1 of 5 wwar.Jeanagio.cera 0 0 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may change on the 1st day of JULY, 2007 , and on Butt day every 6th month thereafter. Each date on which my interest rate could change is called &"Change Date.' (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The '1 ntlex' is the average of interbank offered rates for six morith U.S. dollar-denominated deposits in die London m?mket ('LIBOR'), as published in The Wall Street Jountal. The" recent Index figure available as of the fast business day of the month immediately precedintg the month in which the Clump Date occurs is called the 'Current Index.' If die Index is 110 longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me lattice of this choice. (C) Caiaslatlon of changes Before each Change Date, the Note Holder will calculate my new interest tale by adding SEVEN AND 800/1000 Percentage points ( 7. 8 0 0 %) to the Current Index. The Ncte Holder will then round the result of this addition to Ilse nearest tare-eighth of vie percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amour will be my law interest rate until the next Change Date. The Note Holder will then determine the anarunt of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full 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 monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 11. 050 % or less titan 8 .050 %. Thereafter, my interest rate will never be increased or decreased on any single Charge Date by more titan ONE AND 000/1000 percentage point(s) ( 1.000 %) from doe rate of interest 1 have been paying for the preceding 6 months. My interest rate will never be greater titan 14.050 %. My interest rate will never be less than 8.050 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay tl?e amount of my new monthly payment beginming on the first namthly payment date after the Change Date until the amount of my monthly payment changes again. (1) Notice of Changes The Note Holder will deliver or trail to me a notice of any changes in my interest rate and the amount of my nwnthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephoto number of a person who will answer any question 1 may have regarding dw notice. 5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayrimt Note Addend=. I have the right to make payments of Prilxipad at any time before they are due. A payment of Principal only is known as a *Prepayment.' When I make a Prepayment. I will tell the Note Holder in writing clot 1 am doing so. 1 may cwt designate a payment as a Prepayment if 1 have not made all the monthly payments due under this Note. 1 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 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amownt before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due data of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the arson of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIX-MONTH INDEX Form 3520 1101 AS PUBLISHED IN rNE WALL STREErJOURNAD -Single Family 00d4pic494=0 eoo+v?ars Fannie Mee MODIFIED INSTRUMENT Page 2 of 5 www.alaveasAte.ea0r 1L1f10,ea.1.M r1?Y"Nlte laal'e1Nla1?????'ar III®1IIalY??1?I wR'rl'W (?? 6. 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 die permitted limit, and (b) any sums already collected from me dint exceeded permitted limits will be refunded to me. The Note Holder nay choose to nuke this refund by reducing the Principal 1 owe under this Note or by making a direct payment to nat. If a refund reduces Principal, the reduction will tie treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) (.ate Charges for Overdue Payments If the Note Holder has not received the full amount of any mouldy payment by the end of 15 calendar days after die date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 S of my overdue payment of principal and interest. i will pay this late charge promptly but only once on each late paynnent. (B) Default If h do not pay the full anaount of each monthly payment on the date it is due, 1 will be in default. (C) Notke of Default If I am in default, the Note Holder may send the a written notice telling me that if I do not pay the overdue amount by a certain date, tine Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which tine notice is mailed to me or delivered by otter means. (D) No Waiver By Note Holder Even if, at a time when 1 stn in default, the Note Holder does nut require on to pay inunedistely in full as described above, the Note Holder will still have the right to do so if i min in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to he paid hack by me for all of its costs and expenses in enforcing this Niue to the extent net prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, arty notice dial must be given to no under this Note will be given by delivering it or by nnailing it by first class mail to me at rte Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of tut different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of die promises made in this Note, including die 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 memos that any one of us may be required to pay all of tie amounts owed under this Note. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Fam 3520 1101 tAS PUBLISHED IN THE WALL STREETJOURNA0-Slagle Family 1DC1 gde4Wb=e $:0449-1392 Fannie Mae MODIFIED INSTRUMENT Page 3 of 5 warty deealagile."M ?t?°-°?? II?IIflI??N1li?IalNNI? NI??Ilaailltll ?Iw?llll® • 0 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security InstrutneM"), dated the same date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I my be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Bene&ial lateral in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, die 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 funuent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. Lender also shall mot exercise this option if: (a) Borrtmercauses to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new Imwn were being node to the transferee; and (b) Leader reasonably determines that Lender's security will not be impaired by the hurt 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. Leader also may require the transferee to sign an assumption agreement that is acceptable to Lender awl 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 Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. Thu notice shall provide a period of not less titan 30 days from the date the notice is given in accordance with Section IS 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, Leaser may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIX-MONTH INDEX Fo m 3520 VOI (AS PUBLISHED IN THEW STREETJOWMALI-Single Family DoeMag 4EL%7na? Iee.ele-I.rr2 Famlo Mae MODIFIED INSTRUMENT Page 4 or 5 Www.docats k.eoem Lh"MAM.".IM 1111111u18tMUNINIMIl16?wN111?ri??ri M111101 • • WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ?i ..?,? `C? ?• " " (Seal) J S R WILLIS -Borrower _ (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower _ (Sea!) -Borrower _ (Seal) -Borrower [Sign Original only] Wlw Family raa 5 el 5 Form 3520 V01 Dx 99%i aaoaa-rarr www.dvcxmgkc MINIIII?I?iI?II?IN?IN II?IIINIIINIII ?NI?IIII? VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Motion for Summary Judgment are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Lisa A. Lee, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Nancy Kelleher, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: THE LAW OFFICE OF MICHAEL E. STOSIC Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 Date: l1 L01 Nancy Kelleher Litigation Paralegal £ C"7 's r r •w GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 VS. JAMES R. WILLIS Mortgagor and Record Owner 1401 Lowther Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-6049 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued: Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Lisa A. Lee, Esquire Suite 5000-Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (b) for defendant: Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 40 4. Argument Court Date: Lisa A. Lee. Esquire Print your name Date: December 17, 2007 N °? c ri"1 C?`s ? ? ?p ? ?? 6 ? ? A Aw+n,? ?w SHERIFF'S RETURN - REGULAR CASE NO: 2007-06049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS WILLIS JAMES R TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILLIS JAMES R the DEFENDANT , at 1445:00 HOURS, on the 31st day of October , 2007 at 1401 LOWTHER ROAD CAMP HILL, PA 17011 by handing to JAMES R WILLIS 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 V/ 01 Sworn and Subscibed to before me this of So Answers: 18.00 15.36 .00 10.00 R. Thomas Kline .00 43.36 11/01/2007 GOLDBECK MCCAFFERTY MCKEEVER By. day Deputy Sheriff A.D. GOLDBECK MCCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES R. WILLIS 1401 Lowther Road Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland County 07-6049 AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of Notice of Oral Argument scheduled for January 23, 2008 in Cumberland County Carlisle, PA 17013 on Plaintiff s Motion for Summary Judgment, was sent by first class mail, postage pre-paid, upon the following on the date listed below: Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. GOLDBECK McCAFFERTY & McKEEVER Date: January 17, 2008 By: 6: 4-:- as I. Puleo, Esquire Attorney for Plaintiff c'?; ? ? • ? Ti ,:'x--? _ ? ?? ?.??lTt "F'; -? ,? ??, •• ?' r?? ?-? }`?, a:,. : ? . THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL : TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JAMES R. WILLIS, Defendant NO. 07-6049 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, OLER, and GUIDO, JJ. ORDER OF COURT AND NOW, this 23`d day of January, 2008, upon consideration of Plaintiff's Motion for Summary Judgment, and following oral argument held on January 23, 2008, it is ordered and decreed that Plaintiff's motion is granted, and summary judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendant, with damages assessed in the amount of $182,037.54, together with interest from November 1, 2007, to the date of Sheriff's sale at the rate of $45.64 per day, and for foreclosure and sale of the mortgaged premises. BY THE COURT, i J. Wesley Oler N, J. A I M { ( tir Lisa A. Lee, Esq. Suite 5000 Mellon Independence Center 701 S. Market Street Philadelphia, PA 19106 Attorney for Plaintiff Michael E. Stosic, Esq. 2207 Chestnut Street Philadelphia, PA 19103 Attorney for Defendant James R. Willis 1401 Lowther Road Camp Hill, PA 17011 Defendant Cor CF-S rrt:R c &CL /la q168 rc f In the Court of Common Pleas of Cumberland County THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff Vs. JAMES R. WILLIS (Mortgagor(s) and Record Owner(s)) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-6049 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JAMES R. WILLIS IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED: 01/23/2008. Assess damages as follows: Debt WITH Interest from 11/01/2007 TO 06/11/2008 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFII BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAI FR( I certify that written notice of the intention to file this praecipe was mailed or delive to t? is to be entered and to his attorney of record, if any, after the default occurred and a 1 ast t filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. P Attorney for I.D. #56129 $182,037.54 $8,854.16 $190,891.70 MOUNTS ALLEGED TO THE COMPLAINT. party against whom judgment V r to the date of the AND NOW Feb I I '2ODg , Judgment is entered in favor of THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 and against JAMES R. WILLIS IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED: 01/23/2008 in the sum of $192,143.66 as per the above certification. A Pro"otary 46 A 6 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE JAMES R. WILLIS (Mortgagor(s) and Record owner(s)) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) No. 07-6049 ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK T UST MPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL SO TION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, and agai J S R. WILLIS IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED: 01/23/2008, i the nl of $192,143.66. Michael T. McKee, Attorney for Plainti I hereby certify that the above names are correct and that the precise creditor is THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINA SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beal name(s) and last known address(es) of the Defendant(s) is/are JAMES R. W] 2207 Chestnut Street PHILADELPHIA, PA 19103; GOLDBECK McCA] BY: Michael T. McK Attorney for Plaintiff ice ddress of the judgment S TRUSTEE TO JS E FOR THE MLMI O 97005 and that the C MICHAEL E. STOSIC McKEEVER ' . A,Jh?iNIV LN l uN DA1VlAU S TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance WITH INTEREST Interest from 11/01/2007 through 06/11/2008 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Property Inspections BPO's Suspense $150,742.85 $31,126.48 $7,537.14 $1,081.35 $900.00 $124.50 $400.00 AND NOW, this X1.0' day of Feb , 2008 damages are assessed as above. A.- Pro P thy r o Z ? * o , rrl p 00 ` D f?' C.J ?7 i?j f I ? a y x w Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff VS. No. 07-6049 JAMES R. WILLIS (Mortgagors and Record Owner(s)) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-caption7Protho r h e d against you. ong ry By: Deputy If you have any questions concerning the above, please contact: 02??//08 Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-6049 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due With Interest from 11/01/2007 TO 06/11/2008 at 11.0500% - --- (Costs to be added) Cwe ?18ot o37. 5?{ TOW < < 11419o, 8g110 GOLDBECK MCCAI BY: Michael T. McK Attorney for Plaintiff Amt Aua ads f ? ?"`? +??"?+ pl, ¢ ?w w? Hod OAF > CYrb W s. d ?A, ; w zx? ALA ?o¢x ? w o0 z ¢wox a ? U x a o (J? o ? (Ji U tW 0 ` v rn ?' ? j 0 0 p O 6 tl. J 'b pd v z„ y, c 6j tr ? 1 C ALL that certain lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeasterly line of Loather Street at the southwesterly line of Manchester Road (erroneously described as the southeast corner of Manchester Road and Lowther Street in prior deed); thence southeastwardly along said line of Manchester Road by a curve to the left having a radius of four hundred forty-seven and five-tenths (447.5) feet, an arc distance of eighty (80) feet to a stake; thence south thirty- eight (38) degrees forty (40) minutes west along Lot No. 4, Block "B" on the hereinafter mentioned Plan, one hundred eight and eighty-nine one-hundredths (108.89) feet to a point thence south twenty-eight (28) degrees nine (09) minutes west along the same, ten and eighteen one-hundredths (10.18) feet to a point; thence north forty (40) degrees fifty- nine (59) minute west along property now or formerly of Robert M. Troutman and wife, one hundred two and eighty-six one-hundredths (102.86) feet to a point on the southeasterly line of Loather Street; thence along the larger line north forty-nine (49) degrees one (01) minutes east one hundred nine and forty-seven one-hundredths (109.47) feet to the place of beginning. TAX PARCEL NO: 13-23-0545-272 ..• Goldbeck McCafferty & McKeever BY: Michael T. McKeever .Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 vs. JAMES R. WILLIS (Mortgagor(s) and Record Owner(s)) 1401 Lowther Road Camp Hill, PA 17011 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-6049 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1401 Lowther Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 2. Name and address of Defendant(s) in'the judgment: JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1401 Lowther Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the est y personal knowledge or information and belief. I understand that false statements herein are made subje tot e p lties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATED: February 8, 2008 GOLDBECK McCAF ERT & McKEEVER BY: Michael T. McK ever, s . Attorney for Plaintiff C7 rv _ta C...: -70 ? L .? `'} r n ' NO Z? .6 07-6049 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAr CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-13C4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s Term No. 07-6049 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIS, JAMES R. JAMES R. WILLIS CIO MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 1401 Lowther Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, m Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $190,891.70 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: V 07-6049 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 w 07-6049 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-776-0100 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionkg_oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 57334FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) I, Michael T. McKeever, Esquire hereby certify that I am the attorney action, and I further certify that this property is subject to Act 91 of 1983 and the provisions of the Act. Michael T. M Attorney for I IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-6049 )rd o the Plaintiff in this inti f as complied with all *`-' O n ? -? c? r1 C ? r`? sty r-- ?? •r . . --, ? j ?, c'c'1 .j - ' ::? Cr7 --'? ` _ ? ?,' h7 .. _ C3`'? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6049 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor Trustee to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Original Trustee for THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff (s) From JAMES R. WILLIS (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 $ 18a , 0Z'1- sy L.L.$ 0.50 Interest from 11/01/07 to 6/11/08 at 11.0500% - $ S, 864. ((o Atty's Comm % Due Prothy $2.00 Atty Paid $162.36 Other Costs Plaintiff Paid Date: 2/11/08 P othonotary / (Seal) By: I REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 4 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 57334FC CF: 10/12/2007 SD: 06/11/2008 $190,891.70 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff VS. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-6049 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. Q? Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever Attorney for Plaintiff gr U. . m - c c p °° co 00 LA ? a na ? >rN? pm , t w o ? to . v a m c ? am ? a ri v4 Qc ?? el? ? x V a _ w CS LL Lu e m ? s V L) ? 8E D ?OOa e11 o 0Q d wtf p $m?i z O s _ Ky1a coo W ? Ztj a_: ttJ? Q Cc w j C? ; V?~ S W io c c, WJ 5 ?Q ?U'O. V N (D ' a U 0 9 0 LU a a? m 3 x 2 - T OOOC70 3??g p m ?g y i 3t3cNVa aM-' ouR ??3 a ga ? E i? 2 :0 W< ? ~y4 g8g ? YW2 ?vm1ZQQ- ? ? mEptum Jt a z Q O- M r N ri ui co r? od I ?.F . n: :t e 0 a a d S` a co O N r O O ii ca a? m N `?Js a Q U n. ? 9 IA o U J ti U - w a LO -Qi --i(;E}L-DHE,CK McCAIFFERT' & McKEEVER BY: Michael T. McKeever' Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff V5. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-6049 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 1401 Lowther Road Camp Hill, PA 17011 I.Name and address of Owner(s) or Reputed Owner(s): JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 2. Name and address of Defendant(s) in the judgment: JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1401 Lowther Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this 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. DATED: April 24, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff + __, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JPMORGAN CHASE BANK N A TR is the grantee the same having been sold to said grantee on the I ST day of OCT A.D., 2008, under and by virtue of a writ Execution issued on the I I TH day of FEB, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6049, at the suit of JPMORGAN CHASE BANK against JAMES R WILLIS is duly recorded as Instrument Number 200834665. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D.? of Deeds Hecordbr of Daaos, "muerWW County, Carf*. pA My Wmwion i oes the Fist Mondgy 01 Jm. 2010 The Bank of New York Trust Company, N.A. In the Court of Common Pleas of As Successor Trustee for JP Morgan Chase Bank Cumberland County, Pennsylvania National Association, as Original Trustee for the Writ No. 2007-6049 Civil Term MLMISurf Trust, Series 2005-BC4 VS James R. Willis Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1140 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. Willis located at 1401 Lowther Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: James R. Willis by regular mail to his last known address of 1401 Lowther Road, Camp Hill, PA 17011. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 1, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of The Bank of New York Trust Company, N.A., as Successor Trustee to JPMorgan Chase Bank, National Association, as Original Trustee for the MLMI Surf Trust, series 2005-BC4. It being the highest bid and best price received for the same, The Bank of New York Trust Company, N.A., as Successor Trustee to JPMorgan Chase Bank, National Association, as Original Trustee for the MLMI Surf Trust, series 2005-BC4, of 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,013.38. Sheriffs Costs: Docketing $30.00 Poundage 19.87 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 355.00 Patriot News 339.38 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 38 ? ?a/zz?b?- "`? 'U' 013 $1 , . yo So Aonswers* R. Thomas Kline, Sheriff BY Real Estate S rgeant w Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D.`456129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-13C4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 vs. JAMES R. WILLIS (Mortgagor(s) and Record Owner(s)) 1401 Lowther Road Camp Hill, PA 17011 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-6049 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1401 Lowther Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 2. Name and address of Defendant(s) in'the judgment: JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY P.O Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1401 Lowther Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct ththe st y personal knowledge or information and belief. I understand that false statements herein are made subje e p lti es of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 8, 2008 GOLDBECK McCAF ERT & McKEEVER BY: Michael T. McK ver, Attorney for Plaintiff i GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 07-6049 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAl\ CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. JAMES R. WILLIS Mortgagor(s) and Record Owner(s) 1401 Lowther Road Camp Hill, PA 17011 Defendant(s) Term No. 07-6049 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIS, JAMES R. JAMES R. WILLIS C/O MICHAEL E. STOSIC 2207 Chestnut Street PHILADELPHIA, PA 19103 Your house at 1401 Lowther Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $190,891.70 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 11 07-6049 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale 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 within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 f, 07-6049 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-776-0100 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 57334FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. • ALL that certain lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeasterly line of Loather Street at the southwesterly line of Manchester Road (erroneously described as the southeast corner of Manchester Road and Lowther Street in prior deed); thence southeastwardly along said line of Manchester Road by a curve to the left having a radius of four hundred forty-seven and five-tenths (447.5) feet, an arc distance of eighty (80) feet to a stake; thence south thirty- eight (38) degrees forty (40) minutes west along Lot No. 4, Block "B" on the hereinafter mentioned Plan, one hundred eight and eighty-nine one-hundredths (108.89) feet to a point thence south twenty-eight (28) degrees nine (09) minutes west along the same, ten and eighteen one-hundredths (10.18) feet to a point; thence north forty (40) degrees fifty- nine (59) minute west along property now or formerly of Robert M. Troutman and wife, one hundred two and eighty-six one-hundredths (102.86) feet to a point on the southeasterly line of Loather Street; thence along the larger line north forty-nine (49) degrees one (01) minutes east one hundred nine and forty-seven one-hundredths (109.47) feet to the place of beginning. TAX PARCEL NO: 13-23-0545-272 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COU14TY OF CUMBERLAND) NO 07-6049 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor Trustee to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Original Trustee for THE MLMI SURF TRUST, SERIES 2005-BC4, Plaintiff (s) From JAMES R. WILLIS (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 $ J891, D37..54 L.L.$ 0.50 Interest from 11/01/07 to 6/11/08 at 11.0500% - $ 8, 854. ka Atty's Comm % Due Prothy $2.00 Atty Paid $162.36 Other Costs Plaintiff Paid Date: 2/11/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 17 On February 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1401 Lowther Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2008 By: Real Es a Sergeant Z?' I CJ E 1933 9001 JA3NS 3H1 30 3313j0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIA L SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNiy My Commission Expires Apr 28, 2010 RNAL WTAT W X MD. 17 Writ No. 2007-6049 Civil The Bank of New York Trust Company, N.A., as Successor Trustee to JP Morgan Chase Bank, National Association, as Original Trustee for the MLMI Surf Trust, Series 2005-BC4 vs. James R. Willis Atty.: Joseph Goldbeck ALL that certain lot of land situate in Lower Allen Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeasterly line of Loather Street at the southwesterly line of Manchester Road (erroneously described as the southeast comer of Manchester Road and Lowther Street in prior deed); thence southeastwardly along said line of Manchester Road by a curve to the left having a radius of four hundred farty-seven and five-tenths (447.5) feet, an arc distance of amity (80) feet to a stake; thence math thirty-eight (38) degrees forty (40) minutes west along Lot No.4, Block "B" on the hereinafter mentioned Plan, one hundred eight and eighty- nine one-hundredths (108.89) feet to a point thence south twenty-eight (28) degrees nine (09) minutes west along the same, ten and eighteen one-hundredths (10.18) feet to a point; thence north forty (40) degrees fifty-nine (59) minute west along property now or formerly of Robert M. Troutman and wife, one hundred two and eighty-six one-hundredths (102.86) feet to a point on the south- easterly line of Loather Street; thence along the larger line north forty-nine (49) degrees one (01) minutes east one hundred nine and forty-seven one-hundredths (109.47) feet to the place of beginning. TAX PARCEL NO: 13-23-0545- 272. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 ........... Sworn t an su scribed before me this 27 day of May, 2008 A.D. Notary P COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 28, 2010 Member, Pennsylvania Association of Notaries 04/30/08 05/07/08 Real Estate Sale #17 Writ No. 2007-6049 Civil Term The Bank of New York Trust Company, N.A., as Successor Trustee to JP Morgan Chase Bank, National Association, as Original Trustee for the MLMI Surf Trust, Series 2005-BC4 VS James R. Willis Attorney: Joseph Goldbeck DESCRIPTION ALL that certain lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeasterly line of Loather Street at the southwesterly line of Manchester Road (erroneously described as the southeast corner of Manchester Road and Lowther Street in prior deed); thence outheastwardly along said line of Manchester Road by a curve to the left having a radius of four hundred forty-seven and five-tenths (447.5) feet, an are distance of eighty (80) feet to a stake: thence south thirty-eight (38) degrees forty (40) minutes west along Lot NoA Block "B" on the hereinafter mentioned Plan, one hundred eight and eighty-nine one-hundredths (108.89) feet to a point thence south twenty- eight (28) degrees nine (09) minutes west along the same, ten and eighteen one-hundredths (10.18) feet to a point; thence north forty (40) degrees fifty-nine (59) minute west along property now or formerly of Robert M. Troutman and wife. one hundred two and ighty-six one-hundredths (102.86) feet to a point on the southeasterly line of Loather Street; thence along the larger line north forty-nine (49) degrees one (01) minutes east one hundred nine _Id forty-seven one-hundredths (109.47) feet to the place of beginning. TAX PARCEL NO: 13-23-0545-272 Assignment of Bid NO. 07-6049 - WILLIS 1401 Lowther Road Camp Hill, PA 17011 I, Michael T. McKeever, Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated October 01, 2008 to: THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ORIGINAL TRUSTEE FOR THE MLMI SURF TRUST, SERIES 2005-BC4 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 GOLDBECK MCCAFFERTY & MCKEEVER Date: October 6.2008 MICHAEL T. MCKEEVER