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HomeMy WebLinkAbout07-7374 W LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE UNDER THE APPLICABLE CUSTODIAL OR TRUST AGREEMENT 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 PLAINTIFF VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 61-73'74 li iVi (el`" COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 V IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE UNDER THE APPLICABLE CUSTODIAL OR TRUST AGREEMENT 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 PLAINTIFF VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07- ?37y COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation, Attorney-in-fact for Deutsche Bank National Trust Company as Trustee, F/k/a Bankers Trust Company of Claifomia, N.A. as Custodian or Trustee under the applicable Custodial or Trust Agreement (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Vickie A. Thorson, a/k/a Vickie L. Thorson (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated November 2, 1998, was recorded on November 5, 1998 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1495, Page 548. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on March 17, 2003 in the Office of Recorder of Deeds in Cumberland County in Book 695, Page 1843. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits `A' and `B', respectively. 4 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on November 2, 1998 in the original principal amount of $55,700.00 payable to Plaintiff in monthly installments with an interest rate of 9.25%. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. Plaintiff and Defendant entered into a loan modification agreement which was executed by Defendant on April 27, 2007. 6. The land subject to the mortgage is 111 West South Street, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 7. The Defendant is the Record Owner of the mortgaged property located at 111 West South Street, Carlisle, PA 17013. 8. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance Interest to 11/27/2007 $2,865.34 Accumulated Late Charges $191.40 Escrow Advance $437.49 Other Fees Due Cost of Suit and Title Search $550.00 Attorney's Fees TOTAL $63,490.37 $27.00 $1,000.00 $68,561.60 plus interest from 11/28/2007 at $16.09 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. Y 4 11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on October 4, 2007. A copy of the Notice is attached and made a part hereof as Exhibit `D'. 12. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $68,561.60 together with the interest from 11/28/2007 at $16.09 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: n porney . 55669 Gr ory J Vfolaintiff Attorney EXHIBIT `A' A • Ian No: 034401057566 Borrower: VICKIE A THORSON Tax Parcel Identification Number: Data ID: 627 ?: Gt ?: 1 rCQ eft:-! ?'. ';'ia COUNTY - F'A '98 NOV S PM 3 114 Return to: UNITED COMPANIES LENDING CORPORATION' 750 E. PARK DRIVE HARRISBURG, PA 17111 [space Above This Una For Hecordinp Data] MORTGAGE NOTICE TO ASSIGNEE NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act. Purchasers or assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower could assert against the creditor. THIS MORTGAGE ("SecyU o tF ?? The mortgagor is VICKIE A T SON, A SINGE WO MAN iQ/ !r oV! C7/r:L1 whose address is 111 W SOUTH STREET, CARLISLE, PENNSYLVANIA 17013 ("Borrower"). This Security Instrument is given to UNITED COMPANIES LENDING CORPORATION®, A CORPORATION, which is organized and existing,?nder the laws of the State of LOUISIANA, and whose address is 4041 ESSEN LANE, BATON ROUGE, LOUISIAN " 70809 ("Lander"). Borrower owes der the principal sum of FIFTY-FIVE THOUSAND N HUNDRED and NO/100---Dollars (U.S. $ 55,700. . This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the City of CARLISLE, CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF PENNSYLVANIA - sh* Fww"oDmi) Fannie LwFeedcu Mac UNIFORM INSTRUMENT Form 3039 3/98 ,ea1495n¢ 1548 (Page 1 of 8 Pages) *which has the address of 111 W SOUTH STRE (Oily] CARLISLE, Pennsylvania t1?71 el ("Property Address"); Toounmx Wrrrt all the improvements now r hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the proper. . 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 CovENA= that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and tha the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Tars Sneuurrr INsmumE VT combines unifo variations by jurisdiction to constitute a uniform s UNIFORM CovENAN s. Borrower and Len; L l*wesnt of Principal and hibr st; Pr the principal of and interest on the debt evidenced 2. Funds for Taxes and Insurances Subj pay to Lender on the day monthly payments are d (a) yearly taxes and assessments which may attain yearly leasehold payments or ground rents on the l yearly flood insurance premiums, if any; (e) yeast; Borrower to Lender, in accordance with the prov premiums. These items are called 'Escrow Items. to eweed the maximum amount a lender for a fedi under the federal Real Estate Settlement Procedt seq. ("RESPA"), unless another law that applies collect and hold Funds in an amount not to excee on the basis of current data and reasonable estima with applicable law. The Funds shall be held in an institution w (including Lender, if Lender is such an institution; to pay the Escrow Items. Lender may not charge escrow account, or verifying the Escrow Items, ur permits Lender to make such a charge. Howev independent real estate tax reporting service used' otherwise. Unless an agreement is made or applic pay Borrower any interest or earnings on the Funs shall be paid on the Funds. Lender shall give to 1 credits and debits to the Funds and the purpose fi as additional security for all sums secured by this If the Funds held by Lender exceed the an Borrower for the excess Funds in accordance with by Lender at any time is not sufficient to pay the E in such case Borrower shall pay to Lender the an the deficiency in no more than twelve monthly pa; Upon payment in full of all sums secured t any Funds held by Lender. If, under paragraph acquisition or sale of the Property, shall apply aq against the sums secured by this Security Instrumc 3. Application of Payments. Unless appl paragraphs 1 and 2 shall be applied: first, to any I under paragraph 2; third, to interest due, fourth, 1 4. Charges; Liens. Borrower shall pay al Property which may attain priority over this Sec Borrower shall pay these obligations in the manmi shall pay them on time directly to the person owe amounts to be paid under this paragraph. If Born to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien agrees in writing to the payment of the obligation good faith the lien by, or defends against enforce operate to prevent the enforcement of the lien; of Lender subordinating the Gen to this Security Instt to a lien which may attain priority over this Securit Borrower shall satisfy the lien or take one or more m covenants for national use and non-uniform covenants with limited curity instrument covering real property. -r covenant and agree as follows: payment and Late Charges. Borrower shall promptly pay when due y the Note and any prepayment and late charges due under the Note. pct to applicable law or to a written waiver by Lender, Borrower shall e under the Note, until the Note is paid in full, a sum (funds' for. priority over this Security Instrument as a lien on the Property; roperty, if any, (c) yearly hazard or property insurance premiums; (d) mortgage insurance premiums, if any, and (f) any sums payable by pions of paragraph 8, in lieu of the payment of mortgage insurance Lender may, at any time, collect and hold Funds in an amount not rally related mortgage ban may require for Borrower's escrow account •es Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et the Funds sets a lesser amount. If so, Lender may, at any time, the lesser amount. Lender may estimate the amount of Funds due x of expenditures of future Escrow Items or otherwise in accordance ose deposits are Insured by a federal agency, instrumentality, or entity or in any Federal Home Loan Bank. Lender shall apply the Funds Borrower for holding and applying the Funds, annually analyzing the ess Lender pays Borrower interest on the Funds and applicable law r, Lender may require Borrower to pay a one-time charge for an y Lender in connection with this loan, unless applicable law provides ible law requires interest to be paid, Lender shall not be required to i. Borrower and Lender may agree in writing, however, that interest orrower, without charge, an annuat accounting df the.Funds; showing r which each debit to the Funds was made. The Funds are pledged ecurity Instrument. aunts permitted to be held by applicable law, Lender shall account to he requirements of applicable law. If the amount of the Funds held cow Items when due, Lender may so notify Borrower In writing, and, )unt necessary to make up the deficiency. Borrower shall make up ments, at Lender's sole discretion. r this Security Instrument, Lender shall promptly refund to Borrower ti, Lender shall acquire or sell the Property, Lender, prior to the Funds held by Lender at the time of acquisition or sale as a credit ;able law provides otherwise, all payments received by Lender under epayment charges due under the Note; second, to amounts payable s principal due; and last, to any late charges due under the Note. taxes, assessments, charges, fines and impositions attributable to the srity Instrument, and leasehold payments or ground rents, if any. provktod in paragraph 2, or if not paid in that manner, Borrower payment. Borrower shall promptly furnish to Lender all notices of wer makes these payments directly, Borrower shall promptly furnish Nhich has priority over this Security Instrument unless Borrower: (a) 3caY4 by the lien in a )na$nef Acceptable to Lender; (b) contests in lent of the lien in, legal proceedings which in the Lender's opinion (c) secures from the holler of the lien an agreement satisfactory to rment. If Lender determines that any part of the Property is subject Instrument, Lender may give Borrower a notice identifying the lien. of the actions set forth above within 10 days of the giving of notice. Form 3039 3/98 (Page 2 of 8 Pages) M9 • soo149 Loan No: 034401057566 Data ID: 627 5. Hard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included in the term "extended coverage' and any other hazards, for which Lender requires insurance, including, but not limited to, floods or flooding, earthquakes or hurricanes (whether or not such hazards are required to be insured against at the time the Loan is made). All insurance required by Lender shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval, which shall not be unreasonably withheld. In the event the Property improvements are now, or at any time during the term of this Security Instrument are determined to be, in a Special Flood Hazard Area, Borrower must obtain and maintain flood insurance. Borrower acknowledges and agrees that failure to insure the Property, which is the security for this agreement, according to the terms and conditions of this paragraph 5 is an event of default subject to the remedies available to Lender under this agreement. If Borrower falls to obtain or maintain any coverage described herein, Lender may, but shall have no duty to, obtain such coverage or substantially equivalent coverage with an insurance carrier of Lender's choice, protecting only Lender's interest in the Property in accordance with paragraph 7, all at Borrower's expense. Lender shall have no duty or obligation to obtain any insurance protecting Borrower's interest in the Property, or covering risks for which Lender has not required insurance, as described in the first paragraph of this paragraph 5, even if Borrower has previously obtained or maintained such insurance coverage, including, without limitation, a homeowners policy. Lender may, in its sole discretion, obtain insurance in whatever amounts and types Lender deems adequate to protect Lender's interest in the Property, regardless of the unpaid balance remaining under the Note or the amounts remaining due under this Security Instrument. For this purpose, Lender will deem its interests to be adequately protected by an insurance policy with coverage equal to the value of the improvements located on the Property securing Borrower's loan. Lender may determine the value of the improvements by assuming as accurate the value assigned to the improvements in the insurance policy that Lender's records reflect was most recently held by Borrower prior to the insurance policy obtained by Lender. Borrower acknowledges and agrees the amount may not be equal to the actual value or replacement value of the improvements, and any such insurance Lender obtains may not protect Borrower's interest in the Property. Borrower acknowledges and agrees that the cost of the insurance coverage so obtained by Lender may significantly exceed the cost of insurance Borrower could have obtairod, as described in the first paragraph of this paragraph 5, if Borrower had purchased the insurance directly, and further may provide Borrower with less or no insurance coverage protecting Borrower's interest in the Property. Borrower further acknowledges and agrees that Lender may obtain any such insurance directly or through an insurance agency or insurer affiliated with Lender and Lender or Lender's affiliate may receive a commission or other compensation in connection with obtaining such insurance. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. Lender shag have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event that Borrower cancels a policy on the Property and Borrower replaces it with a different policy, Lender may charge Borrower a reasonable fee (subject to applicable law, if any) to change its records to reflect the new policy. 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. In the event Lender acquires the Property through foreclosure or otherwise, Borrower assigns to Lender its rights to any refund of unearned premiums and any other rights of Borrower under the insurance policy. To the extent Borrower obtains any form of insurance coverage for the Property without being directed to do so by Lender, such as flood, earthquake or hurricane coverage, such policy shall include a standard mortgagee clause and shall name Lender as mortgagee. Any insurance proceeds from such policy shall be additional security for the Note and Lender shall have the same rights to such policy and proceeds as it has with regard to Lender-required insurance policies discussed in this paragraph 5. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if, at Lender's sole discretion, the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. Lender shall have the right to deduct flees for such inspections from the insurance proceeds unless prohibited by applicable law or regulation. Fees for public adusters or other third parties retained by Borrower shall not be deducted from the proceeds and shall be the sole and separate obligation of Borrower. If, in Lender's sole determination, the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Borrower shall remain responsible for any sums remaining due and payable under the Nate and this Security Instrument. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then the proceeds will be automatically assigned to Lender. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments of principal and interest due under the Note. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions contained in this paragraph 5 are subject to limitations under applicable law, if any. w 4951'W ,5W Form 3039 3/98 (Page 3 of 8 Pages) 6. Occu y Preservation, Maintenan ' and Prtiteciton of the Property; Borrower's Loan Application; ids. $oshall occupy, establish, sch F use the Property as Borrower's principal residence within sixty days after the ea =tiois Security Inst rument and hall continue to occupy the Properly as Borrow?er'a principal residence for at least one year after the date of occupancy, ailess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating i Lances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, all the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action r proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Pr rty or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrowe may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismiss with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Proper or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower s tall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or tatements to Lender (or failed to provide Gender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a princip residence. If this Security Instrument is on a leasehold, Borrower shalt comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the m erger in writing. 7. Protection of Lender's Rights in the perty. if Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, pr te, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any secured by alien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' and entering on the Property to make repairs. Although Lender may take action -under this. paragraph 7, Lender es not have to do so. Any amounts disbursed by Lender under t . paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Len agree to other terns of payment, these amounts shall bear interest from the date of disbursement at the Note rate an shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender requi d mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the p remiums required to maintain the mortgage insurance in effect If, for any reason, the mortgage insurance coverage r uired by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substan ' equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equiv ent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-two of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to a in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss r erve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtain Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, u til the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Len er or applicable law. 9. Inspection. Lender or its agent may m ake reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior o an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any ward or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of he Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event'of it total taking of the Prope , the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any =C OS paid to Borrower. In the event of a partial taking of the Property In which the fair market value of the Property ' ediately before the taking is equal to or greater than the amount of the sums secured by this Security instrument ' ' tely before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security It?t t shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the suMS secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the takin Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market v due of the Property immediately before the taking is less than the amount of the sums secured immediately before a taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the pro 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, r if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, rrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect an apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Secu Instrument, whether or not then due. Unless Lender and Borrower otherwise a in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly paymen referred to in paragraphs 1 and 2 or change the amount of such payments. e0oK1495 ac>~ 1551 Form 3039 3/28 (Page 4 of 8 Pages) Loan No: 034401057566 M Data ID: 627 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums semwed by this Security Iastrumcttt granted by bender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's, successors in interest. Any forbearance by Lender m exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co- signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Bonnwees interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first teas ma>7 unless applicable law requires use of another metlwd. The notice shall be directed to the Property Address or other address Borrower designates by notice to Lender. Any notice to Lander shall be given by first class mail to Lender's address stated herein or any other address Lender designates by no#ice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower ar Lender when given as provided in thh paragraph. 15. Governing Law; SeverablUty. This Security Insti urnent shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's pnor written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. M Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servieer, Borrovuer wi71 be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other informarion required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of asq Hazardous Substances on or in the Property. Borrower shad not do, nor allow anyone else to do, arrything affecting the Property that is in violation of airy Environmaital Law. The precedir;g two sentenocs 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. soox M iPAGE 652 Form 3039 3198 (Page 5 of 8 Pages) Borrower shall promptly give Lender vYritte noti& bf any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or p to rty involving the Property and aan?yy H?azardous Substance or Environmental Law of which Borrower has actual edge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other mediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all ry remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardo Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the folio ' substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile so ts, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Tmvironni ntal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or nvironmental protection. NoN-UNwoRm CovwAm. Borrower and Lender further covenant and agree as follows: 2L Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this ty Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherVVfse). der shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) hen the default must be cured; and (d) that failure to cure the default as specified may result in acceleration f the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Le der shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the Pored proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. H defhult is not cured as specified, Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial eding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this 21, hwk dht& but not limited to, reasonable attorneys' fees and costse evidence to the extent permitted by applicable Law. 22. Release. Upon payment of all sums s red by this Security Instrument, Lender shall release the Security Instrument to Borrower. To the extent permitted applicable law, Borrower is responsible for all costs associated with cancelling this Security Instrument including, but t limited to, any fee ppaaird to a third party for the preparation and recordation of any legal documents as well as any paid to a public oittak 23. Waivers. Borrower, to the extent per 'tted by applicable law, waives and releases any error or defects in r to enforce this Security Instrument, a hereby waives the benefit of any present or future laws providing p for sexecution, extension of time, exemptio from attachment, levy and We, and homestead exemption. 24. Reinstatement Perlod. Borrower's tinx to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any o the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrum nt shalt be a purchase money mortgage. 26. Interest Rate After Judgment. Bo er agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosu a shall be the rate payable from time to time under the Note. 27. Agreement to Mediate or Arbitrate. THIS AGREEMENT CAREFULLY. IT LDAI TS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIO TO GO TO COURT. In this agreement to mediate or arbitrate (this " nt , (1) "Tansaction" means any (a) nt of money, (b) transfer or cwhange of propert or any other thin o value, (c) any one or more past, present, o ture extensions of; advertisement, solicitation, applications for, or inquiries about, credit, or forbearance of ayment, uch as a loan, a credit sale, or otherwise, from Lender to Borrower, including this Transaction, (d) gift, or 0) pro to enter into a Transaction, and (2) "Claim" means any case, controversy, dispute, tort, disagreement, lawsuit, , or counterclaim, and other matters in question now or hereafter existing between Lender and Borrower. A Claim udes, without limitation, anything arising out of, in connection with, or relating to: (a) this Agreement; (b) to the advev nt, solicitation, application, processing, closing or servicing of this Transaction or any instruments executed in conju etion with it collectively the "Loan Agreements" including but not limited to the terms of the loan, representations, pp miles, undertakings or covenants made relating to the Loan, or Loan Agreements executed in conjunction with the No a and this Security Instrument, services provided under the Loan Agreements, and the validity and construction of the Loan Agreements); (c) any Transaction; (d) the construction, manufacture, advertisement, sale, installation or of any real or personal property which secures this Transaction, (e) any past, present, or future insurance, service, o product that is offered or sold in connection with a Transaction; (f) any documents or instruments that contain itrforma ' n about or document any Transaction, insurance, service, or product; and (g) any act or omission by Lender regarding Claim. Medletion. Except as set forth below, all ' , shall be bMIATIED prior to the Ming of any legal proceeding related to any dispute relating to this Transaction. Borrower and Lender cannot agree on the selection of a mediator for a dispute, the mediator shall be selected as fol1ov • within 5 business days of the notice that either Borrower or Lender have decided to mediate, Borrower and Lender sha each name a mediator and notify that mediator and the other party of the selection. Within 5 business days of their lection the mediators shall jointly select an independent mediator to mediate the dispute. The mediation shall occur not later than 30 days after the mediator is selected at a time and place mutually convenient to all parties within a fifty-mil radius of Borrower's residence. Borrower and Lender agree to participate in the mediation in good faith with the intention of resolving the dispute, if possible. Legal counsel may, but is not require to represent Borrower or Lender at the mediation. All mediation sessions will be private and all information disclosed luring the mediation will be confidential. The mediator may prescribe other rules for the mediation. Expenses of the m tion including the mediator's fee shall be shared equally between Lender and Borrower. Atoornsys' fees and related expenses are each party's responsibility. This Agreement to mediate is specifically enforceable. If for any reason the mediation is not completed within 45 days after the mediator is selected, or if after the mediation, any Claim is still unresolved, such Clad shall be resolved solely and exclusively by arbitration in accordance with this Agreement. 8001143& racE *553 x 3039 3/98 (Page 6 of 8 Pages) t Data ID: 627 Loan No: 034401057,566 Arbitration. To the extent allowed by appplicakla•1aw, any.Claim, except those set forth below, shall be resolved by binding arbitration in accordance with (1) the Foderal Arbitratloh Act, 9 U.S.C. ?? I-9; (2) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the "Arbitration Rules") then in effect; and (3) this Agreement. If the terms of this Agreement and the Arbitration Rules are inconsistent, the terms of this Agreement shall Control. A copy of the Arbitration Rules, free of charge, may be obtained by calling (800) 718-7879. The laws applicable to the arbitration proceeding shall be the laws of the state in which the property which secures the Transaction is located. The parties agree that the arbitrator shall have all powers provided by law, this Agreement, and the Loan Agreements. However, the arbitrator shah have no power to vary or modify any of the provisions of the Loan Agreements. Any rty to this Agreement may bring an action m any court having Jurisdiction, including a summary or ted P , to specifically enforce this Agreement, or to compel arbitration of any Claim. An action to expedi specifically enforce is Agreement, or a motion to compel arbitration may be brought at any time, even after a Claim has been raised in a court of law or a Transaction has been completed, discharged, or paid in full. Place of Arbitration. The arbitration shall be conducted in the county of Borrower's residence, or at any other place mutually acceptable to the Lender and the Borrower. Timing of Hearing. The arbitration hearing shall commence within forty-rive (45) days of the demand for arbitration. NO CLASS ACTIONS; NO JOINDER OF PARTIES; WAIVER OF RIGHT TO JURY TRIAL. THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING INCLUDING A TRIAL BEFORE A JUDGE OR A JUDGE AND JURY. ANY SUCH ARBITRATION SHALL BE !CONDUCTED ON AN INDIVIDUAL BASIS, AND NOT AS PART OF K COMMON OR CLASS ACTION. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED BY BORROWER AND LENDER THAT ANY PURPORTED COMMON ISSUES OF LAW OR FACT SHALL BE RESOLVED ON SUCH AN INDIVIDUAL BASIS. IF THE APPOINTED ARBITRATOR SHOULD AWARD ANY DAMAGES, SUCH DAMAGES SHALL BE LD&TED TO ACTUAL AND DIRECT DAMAGES AND SHALT. IN NO EVENT INCLUDE CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR TREBLE DAMAGES AS TO WHICH BORROWER AND LENDER EXPRESSLY WAIVE ANY RIGHT TO CLAIM TO THE FULLEST EXTENT PERMITTED BY . LAW. and be entered upon Jud?t. The award rendered by the arbitrator shall be final, nonappealable judgment may It in acxordanoe with applicable law in any court having jurisdiction thereof. The laws applicable to the arbitration proceeding shall be Subchapter A of Chapter 73 of Title 42 of the Pennsylvania Consolidated Statutes. Cwlklenthdlty. Borrower and Lender agree that the mediation and arbitration proceedings are confidential. The information disclosed in such proceedings cannot be used for any purpose in any other proceeding. Claims Exicluded from Mediation and Arbitration. Notwithstark" the foregoing, neither Borrower or Lender can require the other to mediate or arbitrate (t) foreclosure proceedings, whether pursuant to judicial action, power of Salo, assent to a decree or otherwise, proceedings pursuant to which Lender seeks a deficiency judgment, or any comparable procedures allowed under applicable law pursuant to which alien holder may acquire title to, or possession of any property which is secuft for this Transaction and any related personal property (including an ass t of rents or appointment of a receiver), upon default by the Borrower on the Transaction or (ii) an application y or on behalf of the Borrower for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtors, through the institution of appropriate proceedings; or (ii) Claim where Lender seep damages or.other relief because of Borrower's default under the terms of a Transaction. cement of this section will not waive the right to arbitrate any other Claim, including a Claim asserted as a counterclaim in a lawsuit brought under this -section.' Effect of Rescission. If Borrower has the right to rescind this Transaction, rescinding it will hot rescind this Agreement. No Other Arbitration Agreements. This Agreement is the only agreement between Lender and Borrower regarding alternative dispute resolution, and supersedes any prior agreements to mediate or arbitrate Claims. This Agreement may only be modified by a written agreement between Lender and Borrower. BORROWER AND LENDER AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY OF ANY AND ALL, CLAIMS. 28. Riders to this Security Instrument. If one or more riders are executed by Borrower and rc=4cd tbgetlx:r with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider [] Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? Othcr(s) [specify] soox1495P,M 1554 Form 3039 3/" (Page 7 of 8 Pages) BY Sttx W BIDw, Borrower accepts agrees to file terms and covenants contained in this Security Instrument in any rider(s) ex by Borrower and r corded with it. ? CJI.OM JILT-, (Space n County of T4t,'?t f, ?' On this the day of undersigned officer, personalty appeared VICKIE A THORSON known to me (or satisfactorily proven) to be acknowledged that she executed the same for tl in witness whereof I hereunto set my hand and ( "0 MMI?? tsowy Public %. WnbeddW County Mamh 1 ?? i6i r. etm n!A ksso*don of NOMMS My commission expires: ' ..........................................................................Printed Name OCEE ......................(Seal) I XIA-; .. A 'I'HORSO?? --Borrower wv This Una For AoMawtedgmeMl § k• me `-? f b v°''1 , .- ore e i 1 '? 17, - .e person whose name is subscr ibed to the as purposes therein contained. I certify that the precise residence and address f the within-Warned Lender is: UNITED COMPANIES LENDING CORPORATZOLI . 4041 ESSEN LANE, BATO OUGE, LOUISIANA 70809 Baox1 FACE #555 9 Form 3039 3/98 (Page a of 8 pages) ??fl(I?'01*64ddd? k 1" 1 a '? -_Iclll Tax Parcel No. 04-21-0320-281 THIS DEED Made the 3V day of jet h c4 4 in the year Nineteen hundred and ninety-sij (1996). 8etween CARLISLE OPPORTUNITY HOMES, INC., a non-profit corporation, organized under the laws of the Commonwealth of Pennsylvania, of P. 0. Box 517, Carlisle, Cumberland County, Pennsylvania, Grantor and VICKIE A. THORSON, of 111 West South Street, Carlisle, Cumberland County, Pennsylvania, Grantee Witnesseth, that in consideration of FORTY-SEVEN THOUSAND ME HUNDRED and 00/100 DOLLARS ($41,500.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said Grantee, her heirs and assigns, ALL THAT CERTAIN TRACT OF LAND situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel ?alley and said point being on the northern side of West South Street] thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the sake, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 fast, more or lass, to the Plaaa of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street. "of 134 Fart 424 BOOK 1495imm 6% BEING the same premises which Terry S. Leiby, Rodger C. Diehl, Jr. and Rodger C. Diehl, sr., by Deed dated august 17, 1990, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed book e, Volume 30, Page 738, granted and convoyed unto Carlisle Opportunity Romes, Inc., Grantor harem. m L ? It• .U ? ?tl tl ?-] A r.' .A 7+ I,t C.1 r G?:n n p L7 --C C+ II ?l • ?n .ti 1• .7• r rf ?lr ?? W tvt •'Tt 7 ? p N ??? ?jV yy b ? v }}{ { ivQ?I+1K yy IO ? .? WO • ? T'1• A W y . y v eoac 134 PAU 411:5 BooK1495PACE 4557 ?1 And the Said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. In Wikgoos Whereof, said Grantor has hereunto sot {ts hand and seal tbl6f 71 . pnd year firat above written. CARLISLE OPPORTUNITY HOMES, INC. By C- R• BVUCO R. Andrews, Vice President COMMONWEALTH OF PENNSYLVANIA i on COUNTY OF CU?NSRRLANA t On this, the .3d? day of --JGnUjt-, 1996, before me, the undersigned of oer, personally a eared Bruce R. Andrews, who acknowledged himself to be the Vice President of Carlisle Opportunity Homes, Inc., and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as vice President. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Nw&nw Seal K#(Oh F Syu9 Notary PUW Cuada Haj. Z rWmanard county I.{y Gp.yn16tA.` F,. M1 •ryf. GtarCh 10. 1999 I hereby certify that the precise residence and complete post office address of the Grantee here is 111 West South Street, Carlisle, PA 17013. Attorney for Gr ntees Mate of Pcnnsylvania 1 County of Cumberland) 86 i=rsAh dod i i e office for the recording of Deeds :;r... nd f rianndd+County 1n 't k .V01. P8 wito = ny h seal of off' Carlislc d "f 19 tec0 •_ WOK 134 PAW Q eou1495 rAm ZM .tip ' ,,L.?y? • •`i •?? ?t ?? r ?i,•???.5i 'YV51 ?1y ?i. ?? . w• EXHIBIT `B' , F p/ 03440los7566 C MBTsRI.AND Coupty, Pennsylvania ASSIGNMENT OF MORTGAGE KNOW ALL MEN B THESE PRESENTS, that UNITED COMPANIES LENDING CORPORATION 4o41 ESSEN LANE , BAT )N ROUGE, LA 70809. the mortgagee named in the Indeutare d Mortgage hereinafter mentioned, or the an guee thereof, for and In couddaidenof The sum of Teo Dollars ($10.110) hnwfal money auto it paid by BANNS ERs TRUST COMPANY OF CALIFORNIA, N.A, THREE PARK PLAZA, IRVINE, CALQ ORNIA9261 as custodian on trustee under the applicablecustodial err true agreeminti at or prior to the timed the hereof, the receipt wbered h hereby acknowledged, does hereby grant, bargain, sell, assign, treader and sik over, without recourse, onto the saidBAN URS TRUST COMPANY-OF CALIFORNIA, N.A., and its successors and assigns the followhrg: ALL THAT. CERTAi- IndentuEe.4 Mortgage given and executed by VICKIE A. THORSON, A SINGLE . .WOMAN, AKA VIC L. THORSONto LWffED.COMPANWSLENDIN/ CORPORATIONii the sum of $ 55700.00, dated OVEl1D#ER 02, 1991 and.recorded in the Of ift of he Record erd.Deeds of NOVEMBER 02, 19, 8 County, Pennsylvania, in Record Book Page .j iostrumest #, and, all written modiftat1onstherete if any, of record, and secured upon the following described real estate: Recording Date 11/5/98 WW 1495, PG. 548 SEE ATTACHED together with all the a remedies, incidents and appurteasncesthereumto belonging, or lo anywise appertaining, and all {be right, title, interest, estate, property, claim and demand wbatsoever, of, In and to the some and the praoise? therein described; together with the bond or obligation in the Indentures of Mortgage mentioned, and th y intended to be secured, and the warrants of attorney to confess Judgment thereto annexed, and all , due;aad to grow due therefrom. ALSO the instalkneu contract or obligation recited In the said Indenture of Mortgage, and all moneys due and to grow due thereon, ogether with all rights, remedies and incidents thereunto belonging, W.811 right, title, interest, property, clam and demand in and to the same. TO HAVE, HOLD, DECEIVE AND TAKE all and singular the herediameuts and premises, hereby granted and assigned or men*med and intended so to be with the appurtenances antoBANKERS TRUST COMPANY OF CALII?ORNIA, ,.A,its successors and assigns to the equity of redemption of saidUNTTED COMPANIES LENDING CORPORA LION ,the parties hereto hereby directing the recorder of the County wham the Indentures of Mortgages are recorded to note upon the margin of the record of the Indenture of Mortgage this Assignment thereof. NOTICE: This doe does not sell, convey, transfer, Include or Insure the title to the coal and right of ,tut support underneath surface land described or referred to hereia, and the owner or owners of such}od may have the complete legs I right to remove all of such coal and, in that connection, damage may result ?? surface of the land an any house, building or other structure on or In such land. The hnlusion of not r . 'y does not enlarge, or modify any legal rights or estates otherwise created, transferred, rn reserved by this instn ent. ['This notice Is set forth in the manner provided In Section 1 of the Ad?Jup ilv 1957, P.L. 984, as am+aded.] IN wn NFSS WHERf0OF, we have hereunto set our hand(s) and seal(s) thisl0th day Of NOVEMB!, m but to be effective as of the 10th day of NOVEMBER, 1998_ I ATTEST: , UNITED COMPANIES LENDING.CORMRATION 4 UIS N Title: Assistant tu:GVl4,M. 1?MLW IL lLr" "' EMC Mortgage Corpo lion MacArthur Ridge IT 909 Hidden Ridge #100 Irving, Tx. 75038 Atm. Collateral Management THE ASSIGNEE HEREBY TRUST COMPANY OF C RESIDENCE IS THREE ?MA E Boox 695 FACE-1843 034401057566 ? f . CORPORATEACKNOWLEDGEMERr bTAU OF PARISH OF EAST BATON ROUGE On this 10th day of OvnaER , 1999, before one, a notary public in and for the State of Louisiana , the undersigned officer, appeared APRIL MIIdATT who acknowledged oneself to be the Assistant Secretary of UNITED COMPANIES LENDING CORPORATION a corporation, and that one as sack atom, being authorized to do so, executed the foregoing instrument for the purposes therein contained by sib the name of the corporation oneself as that o111cer. IN WITNESS WHEREOF, I hereunto set my hand and official seal thist0th day of NOVENZER, 1996. tISH OF LIVINGSTON PARISH OF EAST BATON ROUGE MY Between 'W1,v ih?t?a3?IT'' . BANKERS TRUST CRMPANY OF CALIFORNIA, N.A. And 1 UNrTED COMPANE S LENDING CORPORATION IIi Tins instrument was p epared by: JACKIE SHROPSIitE United Companies iding Corporation 4041 Essen Isaac Barton Rouge, LA 706109 Return tar. JACII;IE SUR United Companies Lahding Corporation 4041 Essen Lane i Baton Rouge, LA ?O9 LEGAL: Property Address: I 111 W SOUTH STREET CARLISUP PA 170130000 PIN#: 04210320261 I Certify this to be recortid 1n Cumberland COUnty PA z Recorder of Deeds i Book 695 PAGE1844 EXHIBIT `C' Loan No: 034401057566 Borrower: VICKIE A THORSON Data ID: 627 NOTE November 2, 1998 CARLISLE PENNSYLVANIA ICM Istwe1 111 W SOUTH STREET CARLISLE, PENNSYLVANIA 17013 lNopeny Add-] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $ 55,700.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is UNITED COMPANIES LENDING CORPORATIONO. I understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is caw the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 925096. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place or Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on January 1, 1999. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on December 1, 2028, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P.O. Box 215, Memphis, Tennessee 38101-0215, or at a different place if required by the Note Holder. (B) Amount or Monthly Payments My monthly payment will be in the amount of U.S. $ 458.23. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I snake a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. If this Note is not in default, the Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall he reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge ror Overdue Payments If the Note Holler has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of the payment. I will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Acceleration If I am in default, the Note Holder may without notice or demand, unless otherwise required by applicable law, require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and FJcpcma If the Note Holder has required the to pay immediately in full as described above, the Note Holder will have the tight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. PENNSYLVANIA FIXED RATE NOTE - Single Family - MOINFIED III" ir??unrnuia?wn?m?it 0344010575662165 ?. vrvu?a. i.rr iw UVW Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if f give the Note Holder a written notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against cacti person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been Paid 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible k> = which might result if I do not keep the promises which I snake in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions arc described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sutras secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WnWESS THE HAND(S) AND SEAL(S) OF 711E UNDERSIGNED. .....1 ? / .L .. i ...............................(Seal) V iCK I G L. -1D1rS04--% G/K/A VICKIE A THORSON -Borrower of J NOTICE TO ASSIGNEE NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act. Purchasers or assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower could assert against the creditor. EXHIBIT `D' EMC L A&rtgage Corporation October 4, 2007 1 111111111111111111111 7104 5400 2100 1499 4393 11PP11110 11141 Vickie A Thorson 111 West South Street Carlisle, PA 17013-3434 ACT 91, NOTICE TAKE ACTION TO SAVE Y 'R HOME FROM FORECLOSPRE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT SERVICER Vickie A Thorson 111 Is W Street Carlisle, PA 17013 0001907286 EMC Mortgage Corporation Page two 0001907286 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 provision of the Homeowners' 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 the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling 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 your property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners' Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE 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 I 1 Is W Street Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2007: $3,062.44 (b) Late charge(s): $114.84 (c) Other charge(s): NSF and Advances $0.00 (d) Less: Credit Balance $0.00 (e) Total amount required as of 10/03/2007: $3,177.28 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $3,177.28, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at Po Box 660530 Dallas, TX 75266-0530. Page three 0001907286 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' 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 paying the total amount then past due plus any late or other charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged proprty could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660530 Dallas, TX 75266-0530 Telephone Number: 1-888-609-2379 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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 attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT ° To sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf To have the mortgage restored to the same position as if no default had occurred. (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. 0 To seek protection under the federal bankruptcy law. Page four 0001907286 . EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation EMC Mortgage Corporation Po Box 660530 Dallas, TX 75266-0530, 1-888-609-2379 Appendix B Consumer Credit Counseling Agency Notification To: Date Name of Mortgagee: Address: In accordance with the Pennslyvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, If different from above. The counseling agency met with the above named applicant on Date Who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification to foreclosure from: Name and Address of Mortgage In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved with in the 30 day forbearance period as provided by the Servicer, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. * Indicates Counties Serviced AcvmHousing Corporation 846 North Broad Street Philadelphia, PA 19130 - (215) T65-1221 *Bucks, Chester, Delaware, Montgomery, Philadelphia Amedcon Financial Counseling Services 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 (800) 490-3039 *Delaware, Montgomery Action Housing Inc American Financial Counseling Services 425 6b Avenue, Suite 950 175 Strafford Avenue, Suite One Pittsburgh, PA 15219 Wayne, PA 19087 (412) 281-2102 800) 490-3039 *Allegheny, Beaver, Butler, Fayette, Greene, *Bucks, Chester, Delaware, Mongomery, Washington, Westmoreland Philadelphia Adams County Interfaith Housing Authority 40 E Hgh Street Gettysburg, PA 17325 (717) 334-1518 *Adams, Cumberland, Franklin, York American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (610) 780-0680 *Berks Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 `Philadelphia Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 *Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 *Chester American Credit Counseling Institute 300 North Pottstown Pike, Suite 210 Exton, PA 19341 (888) 212-6741 *Berks, Bucks, Montgomery American Credit Couseling Institute 528 Dekalb Street Norristown, PA 19401 (610) 971-2210 *Montgomery American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 444-9429 *Bucks, Montgomery, Philadelphia American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 (888) 212-6741 *Bucks, Chester, Montgomery, Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 *Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 *Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788. *Chester, Delaware, Philadelphia Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 548-3405 *Armstrong Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 *Blaid Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 *Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 *Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 866-0280 *Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 *Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 *Berks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 *Chester, Delaware, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 *Bucks CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 *Bucks, Delaware, Montgomery, Philadelphia CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 *Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 *Delaware CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 *Chester, Delaware CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 *Bucks, Philadelphia American Credit Counseling Institute CCCS of Delaware Valley 937 North Hanover Street Bucks County Housing Group One Cherry Hill, Suite 215 Pottstown, PA 19460 2324 Second Street Pike, Suite 17 Cherry Hill, PA 08002 (888) 212-6741 Wrightstown, PA 18940 (215) 563-5665 *Berks, Bucks, Montgomery (866) 866-0280 *Philadelphia *Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 866-0280 *Bucks CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 *Berks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill CCCS of Northeastern PA 1400 Abington Exec. Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 *Carbon, Columbia, Lackawanna Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Troga, Union, Wayne, Wyoming CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-0627 *Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 *Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 *Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 *Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Dr Greensburg, PA 15601 (888) 511-2227 *Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 *Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (888) 511-2227 *Cambria, Clearfield, Indiana, Somerset CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888) 511-2227 *Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 *Washington CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 *Crawford, Erie, Warren * Indicates Counties Serviced CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888) 511-2227 *Cameron CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 *Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA 971 Third Street Beaver, PA 15009 (888) 511-2227 *Beaver CCCS of Western PA Colonial Shopping Center 970 S George Street York, PA 17403 (888) 511-2227 *Franklin, Fulton, Lancaster, York CCCS of Western PA Pullman Commerce Center 112 Hollywood Dr Butler, PA 16001 (888) 511-2227 *Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 *Allegheny Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 *Chester, Delaware, Montgomery, Philadelphia Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 *Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 *Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 *Berks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 *Montgomery Community Action Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 *Washington Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 *Allegheny, Fayette, Greene, Washington, Westmoreland Congreso 216 West Somerset Street Philadelphia, PA 19133 (215) 763-8870 *Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 *Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 *Bucks, Chester, Delaware, Philadelphia Fair Housing Partnership of Greater Pittsburgh, Inc. 2840 Liberity Ave., Suite 205 Pittsburgh, PA 15222 (412) 391-2535 *Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 *Fayette, Somerset FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Frankford CDC 4625 Frankford Avenue, 2nd Floor Philadelphia, PA 19124 (215) 743-9201 *Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 *Allegheny Germandtown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 *Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 *Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 *Bucks, Chester, Delaware, Philadelphia Housing Alliance of York 35 South Duke Street York, PA 17401 (717) 8541541 *York Housing Assoc. of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 *Philadelphia Housing Assoc. of Delawre Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 *Philadelphia Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 *Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 'Chester, Delaware, Montgomery Huntingdon County Housing Servicing Weatherization, Inc. 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2342 'Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 *Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Intercultural Family Services Inc. 4225 Chestnut Street Philadelphia, PA 19104 (215) 386-1298 *Philadelphia Keystone Economic Develop. Corp. 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 *Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland * Indicates Counties Serviced Koren Comm. Develop. Services Center 6055 Norht 5th Street Philadelphia, PA 19120 (215) 276-8830 *Philadelphia Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 *Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 634-2000 *Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 *Cumberand, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 *Centre, Clinton, Lycoming, Union New Life Comm. Housing Devel Corp. 712 Hawkins Avenue Braddock, PA 15104 (412) 351-4077 *Allegheny, Washington, Westmoreland Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 'Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 3247500 'Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 *Allegheny Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg, PA 17110 (717) 762-3285 (800-) 342-2397 *Adams, Cumberland, Franklin, Fulton, Perry *Cumberand, Dauphin Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 *Chester, Delaware Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 'Chester, Delaware, Montgomery, Philadelphia Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 *Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 *Philadelphia Nazareth Housing Services 285 Bellevue Road Pittsburgh, PA 15229 (412) 931-3510 *Allegheny Neighborhood Housing Services Inc. 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 *Berks Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 "Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 *Berks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 'Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Neighborhood Housing Services 710 5th Avenue, Suite 1000 Southwest Community Development Corp. Pittsburgh, PA 15219 6368 Paschall Avenue (412) 281-9773 Philadelphia, PA 19142 *Allegheny (215) 729-0800 *Philadelphia A s St Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 *Crawford, Erie, Venango, Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 *Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 *Chester, Lancaster, Lebanon The NORCAM Group 4200 Crawford Avenue, Suite 200 Northern Cambria, PA 15714 (814) 948-4444 *Cambria, Clearfield The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 *Susquehanna * Indicates Counties Serviced The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570) 836-6840 *Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 *Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 *Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 *Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 *Bradford United Communties Southeast Philadelphia 2029 South 8th Street Philadelphia, PA 19148 (215) 467-8700 *Philadelphia Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 *Bucks, Delaware, Philadelphia Urban League of Pittsburgh Building for Equal Opportunity One Smithfield St. Pttsburgh, PA 15222 (412) 227-4802 *Allegheny Voices for Independence 3711 West 12th Street Erie, PA 16505 (800) 838-9890 *Ede Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 *Forest, Waren 1* w VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to authorities. Sc Ave EMC Mortgage Corporation, Attorney-in-fact for Deutsche Bank National Trust Company as Trustee, F/k/a Bankers Trust Company of Claifornia, N.A. as Custodian or Trustee under the applicable Custodial or Trust Agreement Loan #E0001907286 falsification to ' . r 1 w• C(P SHERIFF'S RETURN - REGULAR CASE NO: 2007-07374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORP ET AL VS THORSON VICKIE A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THORSON VICKIE A A/K/A THORSON VICKIE L the DEFENDANT , at 2117:00 HOURS, on the 7th day of December-, 2007 at 111 WEST SOUTH STREET CARLISLE, PA 17013 by handing to JOHN THORSON, SON 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 joz f 20/o - So Answers: 18.00 4.80 00 10.00 R. Thomas Kline 00 32.80 12/14/2007 GREGORY JAVARDIAN Sworn and Subscibed to before me this of By. day Deputy Sheriff A.D. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation, Attorney-m- Fact for Deutsche Bank National Trust Company as Trustee, f/k/a Bankers Trust Company of California, N.A. as Custodian or Trustee under the Applicable Custodial or Trust Agreement Plaintiff vs. Vickie A. Thorson a/k/a Vickie L. Thorson Defendant Court Of Common Pleas Civil Division Cumberland County No. 07-7374 Civil Term PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on December 6, 2007. Date: GR ORY JAV?RDIAN At orney for PtAtiff