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Home My WebLink About08-0878I GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 VS. JAMES A. ORRIS Mortgagor and Real Owner 800 Rosemont Avenue New Cumberland, PA 17070 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE -EM 09 . 878 Civil 17WIL AC : MORTGAGE FORECL RE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a poldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 61734FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, 500 Enterprise Road, Horsham, PA 19044-0696. 2. The names and addresses of the Defendant is JAMES A. ORRIS, 800 Rosemont Avenue, New Cumberland, PA 17070, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On March 19, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1805, Page 361. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$87,388.78 Interest from 09/01/2007 through 02/29/2008 at 13.8750% .....................$6,044.22 Per Diem interest rate at $33.21 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,369.44 Late Charges from 10/01/2007 to 02/29/2008 .............................................$260.19 Monthly late charge amount at $52.04 Costs of suit and Title Search ......................................................................$900.00 Escrow ........................................................................................................ -$664.55 Unapplied Funds ........................................................................................ -$563.20 Uncollected Late Charges ............................................................................$416.32 Property Inspections .......................................................................................$72.00 Monthly Escrow amount $256.67 $98,223.20 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third parry purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $98,223.20, together with interest at the rate of $33.21, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: ?VWT- wwoff GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date:-'1/'5/05 Michael T. McKeever, Esquire PA I.D. #56129 #7435708706 - JAMES A. ORRIS Eyi,FiditA ALL THAT CERTAIN *m or pwcel of had alter In dw Hotano of New Cwmb ahad, Cu mb dead County, Pemnylvaaday bovWW and deed in accoo4am* witls a su veyr and plan tbaraof, darted J* 17, 196$, pmpwW by Ray M. H. Bwjwnin, PProfavicuM ma, a Wows: ItSM tat Na. 1, Mock "r on Plan No. 5 Ro ost Avg Ad&dm to New Cumbaahnd, ramded in Phu Book 3, Pale 64, Condml nd County memb I VV4G T REC N ERII'.Cr]tD a ow a4 xy frame dwaffing known as N. $00 R out Av+enve. EyFidit (B Homecomings Financial, LLC 3451 Hammond Avenue Waterloo , IA 50702 Date: 12/03/07 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteage on vour home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HE") may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servine your Countv 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES A ORRIS 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 7435708706 Homecomings Financial, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to- face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION'IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/07 through 12/01/07. See attached Exhibit for payment breakdown. Monthly Payments $ 3860.34 Late Charges $ 521.24 NSF $ 0.00 Inspections $ 60.75 Other (Default Expenses and Fees) $ 7.50 Optional Insurance $ 0.00 Suspense $ 563.20 TOTAL AMOUNT PAST DUE: $ 3886.63 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3886.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier s check or certified check made payable and sent to: Homecomings Financial, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Homecomings Financial, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 800-799-9250 Fax Number: 800-211-3561 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-799-9250 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 10/01/07 through 12/01/07 Mo. Pmt. Amt. $ 1297.63 op t - -a , Co p -T .. FT. n rr '? 1 ' cn T t`k"4 ` K) D SHERIFF'S RETURN - REGULAR CASE NO: 2008-00878 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORRIS JAMES A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ORRIS JAMES A the DEFENDANT , at 1305:00 HOURS, on the 22nd day of February-, 2008 at 800 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 by handing to JAMES A ORRIS 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 18.00 Service 16.32 Affidavit .00 Surcharge 10.00 .00 ?la9/bg'? ?? 44.32 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/27/2008 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sheriff A. D. GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106-1532 215-823-6303 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 vs. JAMES A. ORRIS Mortgagor(s) and Record Owner(s) 800 Rosemont Avenue New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 08-878 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiffs Complaint filed on February 06, 2008 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-823-6303 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 VS. JAMES A. ORRIS Mortgagor(s) and Record Owner(s) 800 Rosemont Avenue New Cumberland, PA 17070 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 08-878 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to Plaintiff s Complaint was served on Defendant(s) via first class mail on March 12, 2008 as follows: JAMES A. ORRIS 800 Rosemont Avenue New Cumberland, PA 17070 GOLDBECK McCAFFERTY & McKEEVER Michael T. McKeever Attorney for Plaintiff s VERIFICATION Jeffrey Stephan I, limited Signing officer , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties ?jof 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: ?I 1-- 6 C sa Signing Officor RESCAP,LLC 7435708706 JAMES A. ORRIS t?3 ra ' now ? ? m 4 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, Plaintiff, VS. JAMES A. ORRIS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NORTHAMPTON COUNTY NO.: 08-878 CIVIL TERM ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of: Defendant Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, Plaintiff, VS. JAMES A. ORRIS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NORTHAMPTON COUNTY NO.: 08-878 CIVIL TERM ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes James A. Orris, by and through his attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments have not been submitted and that all sums secured by the mortgage shall be immediately due, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the stated amounts in Plaintiff's Complaint are accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. 9. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, requests that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE 7??; By: Brian J. Bleasdale, Esquire Counsel for Defendant VERIFICATION I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. March 20.2008 Date (Signature of D ndant or Authoriz6d person) F.a r? :' : Ul GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 VS. JAMES A. ORRIS Mortgagor and Record Owner 800 Rosemont Avenue New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-878 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Lisa A. Lee, Esquire Suite 5000, 701 Market Street, Philadelphia, PA 1910 (Name and Address) (b) for defendant: Brian J. Bleasdale, Esquire 931 Chislett Street, Pittsburgh. PA 15206 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Lisa A. Lee Esquire Print your name Date: ?? I q qr n (D CN -17 GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 vs. JAMES A. ORRIS Mortgagor and Record Owner 800 Rosemont Avenue New Cumberland, PA 17070 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT No. 08-878 AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC (hereinafter "Plaintiff') 2. Defendant is JAMES A. ORRIS (hereinafter "Defendant") 3. Plaintiff filed its Complaint in mortgage foreclosure on February 06, 2008. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about March 20, 2008, which does not raise any ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY issue of material fact. A true and correct copies of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiffs Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER LISA A. LEIS, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. JAMES A. ORRIS Mortgagor and Record Owner 800 Rosemont Avenue New Cumberland, PA 17070 No. 08-878 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT re 'v STUD Ace^ , being duly sworn according to law, deposes and says: 1. I am the L 56 for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff, and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have reviewed the business records that relate to the mortgage loan account that forms the basis of this action and, based on those business records, I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, and aver that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, JAMES A. ORRIS, made, executed and delivered a Mortgage upon the premises, 800 Rosemont Avenue, New Cumberland, PA 17070, on March 19, 2003 to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. 4. The mortgage is held by Plaintiff. The mortgage has not been assigned. 5. The Mortgage is in default because monthly payments of principal and interest due October 01, 2007 and each month thereafter are due and unpaid. At no time from October 01, 2007 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit B to Plaintiff s Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance $87,388.78 Interest from 09/01/2007 $6,044.22 through 02/29/2008 at 13.8750% Per Diem interest rate at $33.21 Reasonable Attorney Fees at 5% of Principal Balance $4,369.44 Late Charges from 10/01/2007 to 02/29/2008 $260.19 Monthly late charge amount at $52.04 Costs of suit and Title Search $900.00 Escrow -$664.55 Unapplied Funds -$563.20 Uncollected Late Charges $416.32 Property Inspections $72.00 Monthly Escrow amount $256.67 $98,223.20 I hereby verify that any and all exhibits attached to the Motion for Summary Judgment are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this 3) day: of d'ViGrC? , 2008: Notary Publi'c Jeffrey Stephan Limited Signing Officer COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary Lynch, Notary Public Horsham Twp., Montgomery County My Commission Expires Nov. 3, 2010 R Member, Pennsylvania Association of Notaries GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-878 VS. JAMES A. ORRIS Mortgagor and Record Owner 800 Rosemont Avenue New Cumberland, PA 17070 EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Note E. Act 91 Notice EXH,IP,,oM 66A 99 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 -Mvirl-nw x 701 MARKETS T ? ?} 4 ;: `' all PHR,ADELPHIA, 06 # ` h" .... (215) 627-1322 7" . . ATTORNEY FOR PLAMTM%O# MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 vs. JAMES A. ORRIS Mortgagor and Real Owner 800 Rosemont Avenue New Cumberland, PA 17070 Plaintiff' ACTION OF MORTGAGE FORECLOSURE CIVIL A ?II MORTC3ACEUi+ ? dRECLOSUI Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 -z? LEGAL SERVICES INC 8 Irvine Row - Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 9 HEREBY CFATj f?: "HAT THIS IS A TRUE AND COMB r -r. (;oPX OF THE 0R10Ni,A . 711ED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW RECUERDE: SI USTED NO REPONDE A ESTA DE Q EGUIR CON EL. PROCESO SIN SU PARTICIPACION. ENTONCES, LA CO I1 )IRA FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED S(MV61 SNES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSaw APERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER$ CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FMM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAE FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, Resources available for Homeowners in Foreclosure ACT NOWT Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866A13-2311 or via email at homeretention ,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 61734FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. 1. NOMINEE FOR PA 19044-0696. 2. T4?1F Oi lfai?f .. ' . P, AS 3. On March 19, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1805, Page 361. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ('Property'). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 01, 2007 and each month thereafter and by the teens of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$87,388.78 Interest from 09/01/2007 through 02/29/2008 at 13.8750% .....................$6,044.22 Per Diem interest rate at $33.21 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,369.44 Late Charges from 10/01/2007 to 02/29/2008 .............................................$260.19 Monthly late charge amount at $52.04 Costs of suit and Title Search ......................................................................$900.00 Escrow .........................................................................................................$664.55 Unapplied Funds .........................................................................................$563.20 Uncollected Late Charges ............................................................................$416.32 Property Inspections .......................................................................................$72.00 Monthly Escrow amount $256.67 $98,223.20 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested. are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. The names and addresses of the Defendant is JAMES A. ORRIS, 800 Rosemont Avenue, New Cumberland, PA 17070, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 8. Plaintiff is not seeking a judgment of personal liability (or. an "in personam' judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $98,223.20, together with interest at the rate of $33.21, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By-.__ WWI, WkAf GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, EsQumE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date :/ :5/ n g Acr Michael T. McKeever, Esquire PA I.D. #56129 #7435708706 - JAMES A. ORRIS Exhibit A ALL 'THAT ewrAin plea air pow of had sito w in dw Bocw# of Naw C=*a iw4 Cwab"W Cm*, PamayhWk bow" and daadbe 1 in anoord-awa wft a s r.M aad pLn ft*4 dated Ju1717, I%k p ell , b7 Roy M. A. Bads * Pt l ak&M, as "Owc B8[d<IWIM at tha kiftwolim of do souMarn fife of Woodmed Avow and ft saudmom litte of Rosew+ant Avepai tbam ab" dy avntl M UN of Wo"and Mums Soartb aovsn"* (M dWM Uty6ftM (" MbAft tft* 0% sUM6 Jaat ome bW&W EOmtoea aad An himb l to (114.00 Axt to a pobA iltmw Somdt . de im Wat oae bon" aft etd A%*-h" bw*od+gat (18M foot at dw AWAMS -line betty M Lot AL 2, Hto* Ir aad Got Na 1. Block "r OA the beaLdkrnae ed"a af1„oW 6=00 4%* uW dividb>s ibs Ns* W (A dox e w 1Wat one l , , fr , (100) Awa io a polat is dw scAuskat Hoo Ofl ma nat A"=% IbMoe *ft the MAMA= Us Offt mnoat AMmua, Nordr•Udy (40} levees Bat, ii um and Was kgmdtefe {52.09) fod b a Pohl„ and Pima of asaa4 mi1. La No. 1, Bb* wP so Man No..5 Rawsw Main Adddw to New ConAwdm4s't mW in Plaa Book 3, Paps A ibmbadad ContsWscoce & HAMPO T N ZRZC`r= a 00 Mq game dw?oirag known as N. 800 Remove Avantta $1CfM TIM "MR YOXMNM Rebut Hawn and )&*& A. Haa wn (*am@ * lmotm ae Umlatle DwAA lid ad wife, oonvw W wo Jones A. Ono and CWW R. On* bmebend and wa, by deed dried ,lane 2, IM _In rite ReaotdW of Do & bind fa OMbat=d Paaatyd"Mk In Reaotd Hook 123, hp 14 toad rOWM QG Jane 4 1993. Caft R. Oak anailm d* decd w rsliagW* wW amd A hm cm! or r *ft In.ad to slid p opert,y a *MWW property' adee aW aedma for Nqp b* dam" alder ptcmM os faun INW, P=I" to a pt"Ov Settlatoaat A dell ftal Exrt hibit B Homecomings Financial, LLC 3451 Hammond Avenue Waterloo JA 50702 Date: 12/03107 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notke that t he modWg an Your ho me is In default , and the leder int en to foreclose. Sneciti? the HOMEOWN information ER S MOR about the nature of the TGAGE ASSISTANC default if provided in the attacked pages. E PROGRAM (HEMAP) may be able to help to save lour To see if HEMA P pan help, y home. This Notice explains how the pr ou most MEET WITH A CONSUM oeram works. ER CREDIT' ' CO UNSELING AGENCY WITHIN 30 DA YS OF TH E DATE OF THIS N OTICE-Take this Notice with XU when You meet with the The nam& address Counse go phone number of Consumer Cre ling Agency. dit Counseling Agencies serving y our County are rioted at the end of this Notice, If you have any auestion& you y call the Pennsy lvania Housing Fin ance Agency toll free at 1- 804 342- 239L[Personi with imD aired1 arina ca n call (7171780-18 69). This Notice contains Important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEEO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMHt SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES A ORRIS 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 7435708706 Homecomings Financial, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y__OU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYM M IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 11F 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. TEMORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to- face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MU T OCCUR WITHIN THE NEXT 30 DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MIT BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOOILU CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAM 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 name& addresses and telephone numbas of desiepg_A consumer credit counseling agencies for the county in which tho Mgrtv is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLI ATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have piled 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 is on your property located at 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/07 through 12/01/07. See attached Exhibit for payment breakdown. Monthly Payments $ 3860.34 Late Charges $ 521.24 NSF $ 0.00 Inspections $ 60.75 Other (Default Expenses and Fees) $ 7.50 Optional Insurance S 0.00 Suspense S 563.20 TOTAL AMOUNT PAST DUE: $ 3886.63 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION Q2 not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 3886.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Emu= must be made either by cask cashier s check or certified check made piyable and sent to Homecomings Financial, LLC ATM: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the tender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TBMTY (30) DAYS Period, you will not be reanired to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGM TO CURE THE DEFAi(LT 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 mg to one hour before the Sheriff s Sale You may do so by having the total amount then nest due plus any late or other chantes then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Salecified 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 a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender. Homecomings Financial, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 800-799-9250 Fax Number: 800-211-3561 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLQSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-799-9250 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT "B'sy EEE MORTGAGE ELECTRONIC REGISTRATION IN THE COURT OF COMMON PLEAS SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE OF CUMBERLAND COUNTY MORTGAGE COIMPANTY, LLC, Plaintiff, CIVIL ACTION - LAW VS. JAMES A. ORRIS, Defendant. NORTHAMPTON COUNTY NO.: 08-878 CIVIL TERM ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes James A. Orris, by and through his attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments have not been submitted and that all sums secured by the mortgage shall be immediately due, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the stated amounts in Plaintiffs Complaint are accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. I 8. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. 9. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, requests that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE By; Brian J. Bleasdale, Esquire Counsel for Defendant VERIFICATION I, Brian I Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. March 20, 2008 , Date (Signature of Ddl%Qant or Authoriz6d person) EXHIBIT "c " DEED LABEL ORRIS, JAMS A $90,000.00 Investor Nave GHAC - RFC (NCA) Vendor Ref. 8 8617505 Status Sold Title Seat 07/03/2003 (I 2 0 3 0 0 3 0 1 1 5 8 0 0 0 DEFINITIONS .C P. MCLER O,t',t.AND COUNTY= J3 1;PR V flN v 2N ice Above This Line For Recording Data] Loan Number 2030030115800 MIN: 100077910000267605 MORTGAGE Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 19, 2003, together with all Riders to this document. (B) "Borrower" is JAMES A ORRIS. Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Decision One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A. JONES DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287. (E) "Note" means the promissory note signed by Borrower and dated MARCH 19, 2003. The Note states that Borrower owes Lender NINETY THOUSAND AND 00/100ths Dollars (U.S.S90,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 1, 2033. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA-Single Family-Fannie.Mae/Freddie Mac UNIFOILM INSTRUMENT Form 3039 1101 (page 1 of 14 pages) 1111 I IN I III! III 11/11111111 IHlt III III IN, III 1111} 11111 BK1335PG036I (ID "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): MAdjustable Rate Rider ? Balloon Rider 071-4 Family Rider ?Condominium Rider 0Second Home Rider Planned Unit Development Rider X10ther(s) (specify] Floor Rate Rider C]Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (d) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (No "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2641 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3540), as they might be attended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"' under RESPA. (() "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County of CUMBERLAND (Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED SCHEDULE "A" PFUNNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSMUMEN'r Form 3039 1101 (page 2 of 14 pages) BK 18Q5PG o362 Tax Parcel Identification Number. 25-25-0006453 which currently has the address of 800 ROSENIONT AVE [SMreetl NEW CUMBERLAND , Pennsylvania 17070 ("Property Address"): [City] - [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right- to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to 4,ender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on uriapplied funds. PENNSYLVANIA-Single Family-Fannie b12e/Freddte N11ke UNIFORM INS-M 1MENT Form 3039 1101 /page 3 of l4 pager) BK 1805PGO363 Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess'exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as tfiie phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,. upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RFSPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expcnditum of future Escrow Items or otherwisc in accordance with Applicable Law. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INMUMENT Farm 3039 1101 (page 4 of 14 pages) 8K $05PU 3 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Nome Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest an the Funds and Applicable Law permits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the funds, bender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by MPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shalt pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 14 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-tithe charge for a real estate tax verification anWor repotting service used by Lender in connection with this Loan. S. Property lnsurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the announts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. PENNSYLVA 4-Sing1c Family-Fannie MaelFrcddie htac UNIFORM tNSTK MENI T Forth 3039 1101 (page 5 of 14 pages) 8KI805rGO365 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSMUMENP Form 3039 1/01 (page 6 of 14 pages) BKI8G5r6036G 7, Preservation, Maintenance and Protection or the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. ' Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. - Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes. eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may rake action under this Section 9, Lender dries not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. PENNSVLVAN(A-Single Fami)y-Fannk htae/Freme Mac UNIFOFM tNSTRtJALENT Form 3034 Ildt (page 7 of !4 pages} 8K 1 805PG0367 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the pmmiums required to maintain the Mortgage Insure in effect. If, for any reason, the Mortgage insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shalt be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the. mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further- (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of t"S or any other law. 't'hese rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such- cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. PENNSYLVANIA-Singh Family-Fannie Mae/Freddie Ntac (5NtFORM INS-MUNW,NT Form 311.39 1101 (zwgr 8 of 14 pages) 8111805PG0368 If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a.partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately 'before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sum-, secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. - Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 VOL (page 9 of 14 pages) BK1805rb^0369 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums securers by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to cornntence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability, Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a °co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodatiofis with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is Vpmved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law, If the Loan is subject to a law which sets maximum loan charges, and that law is 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 snaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of arty right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument attist be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class retail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specifled procedure. 'T'here may be only one PENN&WLVANIA-Single Family-Faeait Mat/Fre"t Mac UNIFORM 1Nt9M1J ff.KT Form 3039 1101 (Oage 10 of 14 pages) 8K 1805?G0370 designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. PENNSYLVANIA-Single Family-Fannie Mtae/FreMe Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 11 of 14 pages) BK 1 805PG0371 20. Sate of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the-Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 12 of 14 pages) BK 1805PGO372 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, 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 proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of rortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Mae!Freddie Atac UNIFOMM INSTRUMENT Form 3039 1101 fpoge t 3 of 14 pages) BK1805PG0373 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. W itne (Seal) J A O -Borrower (Seal) -Borrower STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND _(Seal) -Borrower On this, the ) day of I" c, ,r cL , , 7603 , before me, the undersigned officer, personally appeared JAMES A ORRIS , known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. (Seal) 0 A C NOTARIAL SEAL Title of ffi JOHN R TROUP 1V, Notary Putgir ' My Commission Expires: ? 4( ')_S? Swatara Twp., OauDhin ro,_M,, Y Commission Expires Apr! , ,.,... Typed or printed name: _ , ,. CERTIFICATE OF RESIDENCE I, )ohm tl I address of the within-named tender is 6060 J.A. JgNES CAROLINA 28287, witness my hand this I 'I PENNSYLVANIA-Single Family-Faonit Maeffre"e Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 14 of 14 poges) (Seal) -Borrower 8K 18855PG4374 do hereby certify that the correct +'-O VY7 jt?z DRIVE; SUrrE 1000, CHARLOTTE, NORTH Security Tide Guarantee Corporation of Baltimore Commitment Number. 2002120081* SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated July 17, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at the intersection of the southern line of Woodland Avenue and the southeastern line of Rosemont Avenue; thence along the south line of Woodland Avenue South seventy-eight (78) degrees fourty-four (44) minutes twenty (20) seconds East one hundred fourteen and five hundredths (114.05) feet to a point; thence South forty (40) degrees West one hundred six and ninety-two hundredths (106.92) feet at the dividing line between Lot No. 2, Block "F" and Lot No. 1, Block "Fon the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty (50) degrees West one hundred (100) feet to a point in the southeastern line of Rosemont Avenue; thence along the southeastern line of Rosemont Avenue, North fourty (40) degrees East, fifty-two and nine hundredths (52.09) feet to a point, and Place of BEGINNING. BEING Lot No. 1, Block "F" on Plan No. 5 Rosemont Avenue Addition to New Cumberland, recorded in Plan Book 3, Page 64, Cumberland County records. Parcel No. 25-25-0006-453 1 recorded . t t 1 j tv (j - I Cu ;Cl COLti.tV FA .. 1,11 t; l".'. . .. _ .. r . S ALTA Commitment Schedule C (2002120081.PFD12002120081l29) gX 1 805pG0375 Loan Number 2030030115800 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 19TH day of MARCH, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY, LLC (the "lender") of the same date and covering the property described in the Security Instrument and located at: 800 ROSEMONT AVE, NEW CUMBERLAND, PENNSYLVANIA 17070 [Property Address] . THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8.75%. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1ST day of APRIL, 2005, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding EIGHT AND 601100THS percentage points (8.6%) to the Current Index. The Note Holder will then round- the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rase in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. MIXTIFFATE AMSTABIA RATE RIDER (LIBOR Index) -Single Fxnily-Freddie Mat 11.411FOIL i 1ltMUNIMT Ferm 3192 UDt Oa;r I of j poaa) BK l 805Pb-037 6 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.75% or less than 8.75%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.75%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. iNULTWATE AAIUSTABLE RATE RIDER (LIBOR hmkz)•-Single Family-Fmddia.Mae UNIFORM INMUMLYr Fwm 3192 110) OW 1 Vf J Mrs) 6K 180SK0317 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) J A ORRIS -Borrower (Seal) -Borrower (Seal) -Borrower MULTMATE ADJUSTABLE RAIL RmER (LMR LWex)-SUVe Family- 4eddk mK LNIFMM INSMUMENT Fwn 3192 not (Mge 3 of 3 paaet) BK 1805PG0378 Loan Number 2030030115800 FLOOR RATE RIDER TO SECURITY INSTRUMENT (For 6-Month LIBOR, 2-Year LIBOR, and 3-Year LIBOR ARM Loan Program Disclosures) THIS FLOOR RATE RIDER is made this 19TH day of MARCH, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to Decision One Mortgage Company, LLC (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 800 ROSEMONT AVE NEW CUMBERLAND, PENNSYLVANIA 17070 [Property Address) AMENDMENT TO SECURITY INSTRUMENT 1. Section 4.(D) under Additional Covenant A. of the Adjustable Rate Rider to the Security Instrument is amended to read and be as follows: (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 11.75% or less than 8.75%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.00%) from the rate of interest I have been paying for the preceding six months. My yearly interest rate will never be greater than a maximum rate of 14.75%, or a minimum, or floor, rate of 8.75%. 2. In the event that the Note is ever sold, assigned or transferred to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, this Floor Rate Rider and expressly its amended provisions with respect to establishing a minimum, or floor rate, shall thereupon terminate and shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon and thereafter the Note shall be in full force. and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the Adjustable Rate Rider to the Security Instrument. 8K 1805PGO379 EXHIBIT 69D99 and is "r'KtNr ?POPA ntEV, b,,, the oWr N und`rsignCd Ohe into and shat! Mad a this ft?? TQ NOTE z"°°?'lsaoe s, $orrowor' decrn? to ' da 8000 ) in favor of aprend and sY of p g li I have t W RIcirr Aeelsion a1 n UPPJerr nt MA Writi 041Y is ?w. make pa p.1 Y ComPftY, LL the sank date ,10,E 'pa?utly paY a" doing a •PPamym of priac. C ftlte - grvcn by " at Tra Loan rlft due is an Under rbe aY not dm N'ben ?Y tinx- bef ). ",w ote.. 8mde ore I Ma Oil be Parity Act of rA*V, Mort a paymeat Ymsnt . 1 w ijarc due A Wtthuy o mall a Parti l "age L? pl?Ym W, the Paynvnt of being p (i) Year a of Pnepay?t within cat if t have Note .Holder of am this NacePaid; if I ? date Without detmiriona ode all the Nouse t all of My 8me topaay a l prep Ymrnt Ott, 19? to t Char Air?vs Mort die e Nolder ma PtcPsYmcn,, t'cPayment more than orte pay a PrePa 4t. If I make a Gage Prepay 'applying myaPply pry red uce the a e of 3 % of the year but. to charge ofs full tN the ftqmt Preps bolder rr will 6eay°ter't to to the of ArrW081 that leg Prqtwo (2) y? of the aunt due Payrne s it, Writing ft in due Prrnhcip and Unpaid i?tantkt this Note Nd ? of MmhjY MY Partial air the P ou tie date or arpoutu of rest on the vote. no , will to th Pep yl G 6 " ytnent may be ? Oftf cs, ? a?? lV I f IPa a cr, the Partial Rider, $orro Est rate increa r"Ymen r 11, a thyMft u S the ?" and agrees ro the rem vcr, any ?ti4 and y Provisions conl2+ned in this J A ORQ Osw) 04NU ?-? r tpsrAft1t47& Rsry? ACB f WUMber 2030030115800 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMTTS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. MARCH 19 , 2003 CAMP HILL PENNSYLVANIA lD-1 lCUri tS-l SW ROSEMONT AVE NEW CUMBERLAND PENNSYLVANIA 17070 Irmpeny AM-1 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $90,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Decision One Mortgage Company, LLC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. lice Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 8.75%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 1ST day of each month beginning on MAY 1, 2003. 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. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on APRIL 1, 2033, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will snake my monthly payments at 6060 J.A. Jones Drive, Suite 1000, ChrAotte, North Carolina 28287 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $708.04. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. U TEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1ST day of APRIL, 2005 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date. my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ('LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is !rased upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date. the Note Holder will calculate my new interest rate by adding EIGHT AND 601100THS percentage points (8.6%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.75% or less than 8.75%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.75%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. MULTI??SSTynATE AD-rAKZ RATE NOTE UAWK Iddeal-SADIA Frady-FVW" Moe MMFIED INS7RUM" Fa 3990 1l01 (PaN 1 oj3 pages) IN1NKM 1111 OEM IUINNNNM11111111 (r) Notice of Changes'-. VW The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to stake payments of Principal at any time before they are due, A payment of Principal only is known as a *Prepayment-' When I make a Prepayment. I will tell the Note Holder in writing that I am doing so. i may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accreted and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I snake a partial Prepayment, there will be no changes in the due elates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any redaction due to my partial Prepayment may be offset by an interest rate increase, 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (a) any web loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to snake this refund by reducing the Principal i owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late ChaMt6 for Overdue Payments U the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN 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 S.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (a) Default If I do not pay the full amount of each monthly payment on the date it is due, i will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that i owe on that amount. That date must be at least 30 days after the date on which the notice is trailed to me or delivered by other means. (D) No Waiver by Note Holler Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Nate Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated m Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER, THIS NOTE If more them one person signs this Note, each person is fully and personally obligated to keep all of the promises matte in this Note, including the promise to pay the foil ammat 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 tinder this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations render 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. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. in addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trvu, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment in full of all amounts I owe under this ,'Vote. Some of those conditions are described as follows: ttta,11sTA're AWMA" ants NOM tiaDC& ladv4-S OL 1;zv*-FraddW Moe UNIF hl I:VSrRMUNT Fora are 1101 (parr 2 -0 004-1 Transfer of the Pr&perty 'or a Beneficial Interest In Borrower. If all T or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. Leader also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all rite promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Leader exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shalt provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. GOVERNING LAW This Note is governed by Title VIII of the Garn-St. Germain Depository Institutions Act of 1982 and other applicable federal law, and the existing laws of the State of Pennsylvania. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ??? GT ^ (Seal) J S A ORRIS ' Borrwu (Seal) -aouowu •Bomwer ISign Original Onlyl ?? dlMatttb ?wP?,t.. SEAL CKAAS FLYNN 0Q$ftMKdW &tULTISrATL ADJUSTAKA RATE NMT aASM 1de4-Sbtk FORUY-Ffeddle M- UNIFORM M MAINZ ENr FbM 35" UBt 4-9* J of J /OO-) Loan Number 2030030115800 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 19TH day of MARCH, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the 'Security Instrument') of the same date given by the undersigned (the "Borrower') to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY, LLC (the "Leader') of the same date and covering the property described in the Security Instrument and located at: 800 ROSEMONT AVE, NEW CUMBERLAND, PENNSYLVANIA 17070 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE. MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8.75%. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest rate I will pay may change on the IST day of APRIL, 2005, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a 'Change Date.' (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is, the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding EIGHT AND 60/100THS percentage points (8.6%) to the Current Index. The Note Holder will then round the result of this addition to the nearest once-eighth of one percentage point (4.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Now Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fuU on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. MULTISTATE AlUXISTAKA RATE RIDER (LniOrt hmk4-Su*k Fan*-FlwNs mm UNIFOM 06'M m1wr Fr JM trot !pest I aJ 3 Pat=) M Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.75% or less than 8.75%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.7596. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the fast monthly payment date after the Change Date until the amount of my monthly payment changes again. M Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to we and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF TIIB PROPERTY OR A BENEFICIAL IM1'ERE57' IN 1IOR1tOWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment safes contract or esctow agreement, the intent of which is the transfer of title by borrower at a future date to a purchaser. If all or any pan of the Property or any interest in the Property is sold or transferred (or if a borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Leader information required by Lender to evaluate the intended transferee as if a new loan were being made w the transferee: and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Leader may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in lull, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. MVLMTA78 AWMAKS RA7Z RmFS (LABOR Wa) -Sink Pan*-F-WW rata Urt?oaM wasmla r r.. use Inn mane 2 yf3 me* BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Sea]) JA"S A ORRIS -Borrower (Scat) -Borrower (SCSI) -Borrower ML'LTMAIE AQRWABtE RATE RIDER (6POR Indet)-S=& Family-Fnldl. M. UNIFORM ff4TRU36NT FWN JM IM diary J QJJ P080) EXHIRIT 66? 97 Homecomings. Financial, LLC 3451 Hammond Avenue Waterloo JA 50702 Date: 12103/07 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on y our ho me is in default and the lender Int ends to foreclose Specific information about the natur 't'he HOMEOWNER S MORTGAGE ASSIS e of the TANC default Is prov E PRQGRA ided In the attached pages. M (HF.MAI") may be able to help to save your home. This Notice expl To see if HEMAP can help, von mast MEET WITH ains how the pr A CONSUM ogram w ER CRE orks. DIT CO UNSELING AGENCY WI nM 30 DAYS OF THE DATE OF T HIS N OTICE Take tbls Noti ce with Yo u when vox meet with the Counse The name, address and phone number of Consumer Cr ling Agency. edit Connseling Agencies serving y our Connty are gated at the end of this Notke. If von have any uuestbns. v on may call the Pennsy lvania H ousing Fin ance Agency toll free at 1- 800 342.2397 (Persous w ith imp aired hearing c an call (7 19) 780-18 69) This Notice contains Important legal information. If you have any questions, representatives at the Consumer Credit Counssgng Agency may be able to help explain It. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES A ORRIS 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 7435708706 Homecomings Financial, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM WX MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FO?tECLOSURE AND HELP YOU MAKE FUTURE KQ&TGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to- face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAY3. 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 teleolt9ne numbers of designated consumer credit cou nwling agencies for the county in which the 9ropejAlocated are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender jMr ediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION 1N 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 bave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) UOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender is on your property located at 800 ROSEMONT AVE NEW CUMBERLAND PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/07 through 12/01/07. See attached Exhibit for payment breakdown. Monthly Payments $ 3860.34 Late Charges $ 521.24 NSF $ 0.00 Inspections $ 60.75 Other (Default Expenses and Fees) $ 7.50 Optional Insurance $ 0.00 Suspense $ 563.20 TOTAL AMOUNT PAST DUE: $ 3886.63 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3886.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Eayments must be made either by cash cashier s check or certified check made parable and sent to: Homecomings Financial, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the tender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS Period. you will not be Mquired to pay attornev s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAUL3' PRIOR TO SHERD 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 a revert the sale at aZty time up to one hour before the Sheriff s Sale You may o by payer the total amount then past due gL any late or other chases then due reasonable attorney s fees and costs connected with the foreclosure sale and mother costs connected with the Sheriff s Sale asecified in writirm by the lender and by oerformins any other reauirements under the mortg=. Curing your default in the manner set :forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HO TO CONTACT THE LENDER: Name of Lender. Homecomings Financial, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 800-799-9250 Fax Number: 800-211-3561 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. GUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-799-9250 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffs Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P. S. section 4904. Lisa A. e , squire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-878 vs. JAMES A. ORRIS Mortgagor and Record Owner 800 Rosemont Avenue New Cumberland, PA 17070 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Nancy Kelleher, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Brian J. Bleasdale, Equire 931 Chislett Street Pittsburgh, PA 15206 Date: b v Litigation Paralegal t?" S c? ? ?1 ?? T t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, 500 Enterprise Road Horsham, PA 19044-0696 PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. ORRIS, MORTGAGOR AND RECORD OWNER: 800 Rosemont Avenue New Cumberland, PA 17070 DEFENDANT NO. 08-0878 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 9th day of June, 2008, after an examination of the pleadings, and Plaintiff's brief in support of summary judgment, and the Court noting that the Defendant has not filed a brief in opposition to summary judgment, the Court finds that the Defendant has answered the complaint by way of general denial and there is no genuine issue of material fact remaining between the parties, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of Plaintiff and against the Defendant, James A. Orris, in the amount of $98,223.20 plus interest from March 1, 2008. By the Court, ?N, -\, ?IA\ - M. L. Ebert, Jr., J. F, S 'Z Wd 6- N r 8004 Lisa A. Lee, Esquire Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 James A. Orris Defendant 800 Rosemont Avenue New Cumberland, PA 17070 bas C. 9 y In the Court of Common Pleas of Cumberland County 40 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. JAMES A. ORRIS (Mortgagor(s) and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JAMES A. ORRIS IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED: 06/09/08. Assess damages as follows: $92,178.98 Debt Interest from 03/02/2008 to 10/10/2008 per diem at $33.21 Total $12,453.75 7 $104,632.73 (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFI D NTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN F H OMPLAINT. Michael T. T Attorney for I.D. #56129 No. 08-878 AND NOW 3r 0008' , Judgment is entered in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOL LY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC and against JAMES A. ORRIS IN ACCO ANCE WITH SUMMARY JUDGMENT ORDER DATED: 06/09/08 in the sum of $104,632.73 as per the above certification. S _ r thonotary V MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, 500 Enterprise Road Horsham, PA 19044-0696 PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. ORRIS, MORTGAGOR AND RECORD OWNER : 800 Rosemont Avenue New Cumberland, PA 17070 DEFENDANT NO. 08-0878 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 9t' day of June, 2008, after an examination of the pleadings, and Plaintiff's brief in support of summary judgment, and the Court noting that the Defendant has not filed a brief in opposition to summary judgment, the Court finds that the Defendant has answered the complaint by way of general denial and there is no genuine issue of material fact remaining between the parties, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of Plaintiff and against the Defendant, James A. Orris, in the amount of $98,223.20 plus interest from March 1, 2008. 1''?? ) t s: I!? By the Court, ?Ao, U M. L. Ebert, Jr., J. Lisa A. Lee, Esquire Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 James A. Orris Defendant 800 Rosemont Avenue New Cumberland, PA 17070 bas VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JAMES A. ORRIS, is about unknown years of age, that Defendant's last known residence is C/O Brian J. Bleasdale, Esquire 931 Chislett Street, Pittsburgh, PA 17070, and is engaged in the unknown 2. That Defendant is not in the Military or N Allies, or otherwise within the provisions of the Soldi Congress of 1940 and its Amendments. at unknown address. Sefvicekf the United States or its Sailors' Civil Relief Action of Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JAMES A. ORRIS, is about unknown years of age, that Defendant's last known residence is C/O Brian J. Bleasdale, Esquire 931 Chislett Street, Pittsburgh, PA 17070, and is engaged in the unknown business cated at unknown address. 2. That Defendant is not in the Military or Na al S rvice of the United States or its Allies, or otherwise within the provisions of the Soldie s' d Sa ors' Civil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. JAMES A. ORRIS (Mortgagor(s) and Record owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-878 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of MORTGAGE ELECTRONIC REG ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COA JAMES A. ORRIS IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER $104,632.73. Michael T.1\ Attorney for I hereby certify that the above names are correct and that the pre creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEX5O NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC F 0696 and that the name(s) and last known address(es) of the Defenda ) i Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 17070; YSTEMS, INC., and against 18, in the sum of address of the judgment J LELY AS Horsham, PA 19044- . ORRIS, CIO Brian J. GOLDBECK McC TY & McKEEVER BY: Michael T. Keever Attorney for Pla' tiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $87,388.78 Interest from 09/01/2007 through $12,453.75 10/10/2008 Reasonable Attorney's Fee $4,369.44 Late Charges $260.19 Costs of Suit and Title Search $900.00 Escrow Payments Due 0 X $256.67 $0.00 Escrow -$664.55 Unapplied Funds -$563.20 Uncollected Late Charges $416.32 Property Inspections $72.00 $104,632.73 GOLDBECK McCAFFER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this 3rd day of N)U19 , 2008 damages are assessed as above. W o Prothy ?? 401, s? 8 o ? t a?a . rn Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff No. 08-878 vs. JAMES A. ORRIS (Mortgagors and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By 0" Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 .. McKeever -- Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. JAMES A. ORRIS Mortgagor(s) and Record Owner(s) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-878 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/02/2008 to Date of Sale per diem at $33.21 (Costs to be added) WO ?pU W aJ• ? w NW d O ?? ADO aQ ?'?w > o W U d P? H O O WOE W WOW ?d o? O O cQ w ?? a p t ? pc?U W? d ti 00 v 0 2 W ?q * Sts Y dU g o w y ?a w 9b o _?.. -, Q p ;? ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated July 17, 1968, prepared by Roy M.H. Benjamin, Professional Engineer, as follows: BEGINNING at the intersection of the southern line of Woodland Avenue and the southeastern line of Rosemont Avenue; thence along the southern line of Woodland Avenue South seventy-eight (78) degrees forty-four (44) minutes twenty (20) seconds East one hundred fourteen and five hundredths (114.05) feet to a point; thence South forty (40) degrees West one hundred six and ninety-two hundredths (106.92) feet at the dividing line between Lot No. 2, Bloch "F" and Lot No. 1, Block "F" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty (50) degrees West one hundred (100) feet to a point in the southeastern line of Rosemont Avenue; thence along the southeastern line of Rosemont Avenue, North forty (40) degrees East, fifty-two and nine hundredths (52.09) feet to a point, the Place of BEGINNING. BEING KNOWN S 800 ROSEMONT AVENUE, NEW CUMBERLAND PA 17070 BEING THE SAME PREMISES BY DEED FROM JAMES A. ORRIS AND CATHY R. ORRIS, HUSBAND AND WIFE DATED: 03/19/2003 AND RECORDED 04/09/2003 IN BOOK 256 PAGE 2297. TAX PARCEL NO: 25-25-0006-453 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. JAMES A. ORRIS (Mortgagor(s) and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 No. 08-878 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was fled the following information concerning the$ real property located at: 800 Rosemont Avenue New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): JAMES A. ORRIS C/O Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 17070 2. Name and address of Defendant(s) in the judgment: JAMES A. ORRIS C/O Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street, North Sioux Falls, SD 57101 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest; may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 800 Rosemont Avenue New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of m pers al owledge or information and belief. I understand that false statements herein are made subject to the penal es o 18 . C. S. Section 4904 relating to unswom falsification to authorities. DATED: June 30, 2008 GOLDBECK McCAFFE TY & McKEEVER BY: Michael T. McKe er, Esq. Attorney for Plaintiff N ao Mom Jr o cr Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. JAMES A. ORRIS Mortgagor(s) and Record Owner(s) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-878 CERTIFICATION AS TO THE SALE OF REAL PROPERTY 1, Michael T. McKeever, Esquire hereby certify that I am the attorney of r I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has Act. tiff in this action, and the provisions of the Michael T. McK Attorney for plai cMI CD T 08-878 GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. JAMES A. ORRIS Mortgagor(s) and Record Owner(s) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-878 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ORRIS, JAMES A. JAMES A. ORRIS C/O Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 17070 Your house at 800 Rosemont Avenue, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Friday, October 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $104,632.73 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 08-878 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-878 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: //www.phfa. orv,/consumers/homeowners/real . aspx. 5). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 61734FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-878 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for DECISION ONE MORTGAGE COMPANY, LLC, Plaintiff (s) From JAMES A. ORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $104,632.73 L.L.$ 0.50 Interest from 3/02/08 TO Date of Sale per diem of $33.21 Atty's Comm % Due Prothy $2.00 Atty Paid $163.32 Other Costs to be added Plaintiff Paid Date: 7/03/08 S sidle& 'COX3 AKB Prothonotary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 1 -? r GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW JAMES A. ORRIS (Mortgagor(s) and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 08-878 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORGAN CHASE BANK NA AS TRUSTEE for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff iWOO Enterprise Road, Horsham, PA GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. JAMES A. ORRIS (Mortgagor(s) and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-878 STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORGAN CHASE BANK NA AS TRUSTEE, by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: 1. The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the caption. 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1805, Page 361 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. 4. THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORGAN CHASE BANK NA AS TRUSTEE is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. WIespectly submitted, 4 ?? ? U ? ?, ?a? MICHAEL T. C V R, E RE GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. JAMES A. ORRIS (Mortgagor(s) and Record Owner(s)) 800 Rosemont Avenue New Cumberland, PA 17070 Defendant(s) CERTIFICATE OF SERVICE Term No. 08-878 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on July 16, 2008. JAMES A. ORRIS 800 Rosemont Avenue New Cumberland, PA 17070 And JAMES A. ORRIS CIO Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 17070 M'c l ? IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rxa • 0'/05/2008 14:23 FA.X 215 627 7734 GOLDBECK W,CaFFERTY ]001%('O1 ¦ • GOLDBECK MCCAFFERTY & MCKEEVER A PROFESSIONAL CORPORATION SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-13:22 ]FAX (215) 627-7734 August 5, 2008 Cumberland R. Thomas Kline SHERIFF OF CUMBERLAND COUNTY Sheriffs Office 1 Courthouse Square Carlisle, PA 11013 FAX 717-240-6397 BOOK WRIT RE: THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORCTAN CHASE BANK NA AS TRUSTEE vs. JAMES A- ORRIS Term No. 08-878 Property address. 800 Rosemont Avenue New Cumberland, PA 17070 Sheriffs Sale Date: October 10, 2008 Dear Sir/Madam: Kindly stay the Sheriffs Sale with rcfercnce to the above-captioned matter and return any unused costs_ I collected 51202.35 towards my client's debt. Thank you for your cooperation. Very truly yours, air MICHAEL T_ MCKEFEVER ivMTM/.ILG **Original Wx t and Sale Package sent back to the Prothonotary on 9/16/08 cc: Donna Kalb GMAC RESCAP, LLC **Copy of writ. and 91500.00 deposit returned Acct_ #7435708706 to Attorney Mckeever of 9/ 1 6/ 0 8. BLEASDALE. LAW OFFICE 931 Chislctt Street Pittsburgh, PA 15206 GOLDBECK McCAFFERTY & MCKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORGAN CHASE BANK NA AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JAMES A. ORRIS 800 Rosemont Avenue New Cumberland, PA 17070 Defendant No. 08-878 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Michael T. McKeever, Esquire Attorney for Plaintiff ? ? -rt ? ? . ?<;; ?i ? ry ,..... `t ??_ --'?. ?,: 't'i't - .- r:G?-; ?- ...?, W GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JPMORGAN CHASE BANK NA AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. JAMES A. ORRIS 800 Rosemont Avenue New Cumberland, PA 17070 Defendant PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: No. 08-878 Kindly vacate the judgment upon payment of your costs only. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VtAbqlad'? MICHAEL T. MCKEEVER, ESQUIRE 11 f I\Y \y^41 V vY C3 yr ?. r-? C' ?2 W co ?J -n r y t,..J H' C?