HomeMy WebLinkAbout08-2028
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PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 162221
ATTORNEY FOR PLAINTIFF
US BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS
TRUSTEE FOR CSFB HEAT 2006-4
3476 STATEVIEW BLVD CIVIL DIVISION
FORT MILL, SC 29715
TERM
Plaintiff
V. NO. b$ - 020028 Civil -jerrK
CUMBERLAND COUNTY
ARTHUR D. THOMPSON
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 162221
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 162221
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
File #: 162221
v COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 162221
Plaintiff is
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
ARTHUR D. THOMPSON
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/15/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to AAMES FUNDING CORPORATION, D/B/A AAMES HOME
LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND
County, in Mortgage Book No. 1941, Page 2977. The PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 162221
6.
The following amounts are due on the mortgage:
Principal Balance $186,426.23
Interest $14,074.76
06/01/2007 through 03/27/2008
(Per Diem $46.76)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
02/15/2006 to 03/27/2008
Cost of Suit and Title Search 550.00
Subtotal $202,300.99
Escrow
Credit $0.00
Defecit $648.58
Subtotal 648.58
TOTAL $202,949.57
7
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees 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.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 162221
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $202,949.57, together with interest from 03/27/2008 at the rate of $46.76 per diem to the date
of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure
and sale of the mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By: 816 7
LA NCE T. PHELA , ESQUIRE
FRAN S S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
File #: 162221
LEGAL DESCRIPTION
ALL THAT CERTAIN lot, parcel, or piece of ground with improvements thereon erected situate
in North Middleton Township, Cumberland County, Pennsylvania bounded and described as
follows:
BEGINNING at a P.K. nail in Carlisle Springs Road, PA Route 34, at the southern line of Lot
No. 61, Section 6; thence along said road South Twelve (12) degrees Thirty-Two (32) minutes
Thirty (30) seconds West One Hundred Fifteen and Zero Hundredths (115.00) feet to a P.K. nail
at a corner of Lot No. 63, Section 6, Kingsbrook; thence along Lot No. 63 North Seventy-Seven
(77) degrees Twenty-Seven (27) minutes Thirty (30) seconds West One Hundred Ninety and
Zero Hundredths (190.00) feet to an iron pin; thence along Lot No. 64, Section 6, North Twelve
(12) degrees Thirty-Two (32) minutes Thirty (30) seconds East One Hundred Fifteen and Zero
Hundredths (115.00) feet to an iron pin on the southern side of Lot No. 61, Section 6; thence
along Lot No. 61, Section 6 South Seventy-Seven (77) degrees Twenty-Seven (27) minutes
Thirty (30) seconds East One Hundred Ninety and Zero Hundredths (190.00) feet to a P.K. nail,
the point and place of BEGINNING.
PREMISES BEING: 2800 SPRING ROAD
PARCEL NO: V-14-0868-165
BEING THE SAME PREMISES WHICH Bobbie Lee Stovall and Coy J. Stovall, wife and
husband, and Bobbie Lee Stovall, Executrix of the Estate of Nguyen T. Scott by Deed dated
April 24, 1998 and recorded May 1, 1998 in Deed Book 176, Page 497, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto
Arthur D. Thompson, Grantor herein.
File #: 162221
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VERIFICATION
I hereby state that I am the 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 I am authorized to make this
verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff
and are true and correct to the best of my knowledge, information and belief.
Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities.
a-76
orney for Plai tiff
DATE: d? U?
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R? 04 -^+
Co
JJ? _,. CASE NO: 2008-02028 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
THOMPSON ARTHUR D ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
7T4nMP,gnN ARTHTTR D the
DEFENDANT at 0021:01 HOURS, on the 10th day of April 2008
at 2800 SPRING ROAD °-
CARLISLE, PA 17013 by handing to
DORIS THOMPSON ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
w
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
?I/?ti Jv y C ? _
Sworn and Subscibed to
before me this
of
So Answers:
18.00
5.00
.00
.00 R. Thomas Kline
.00
23.00 04/11/2008
SRL
/
By:
P
day Deputy Sheriff
A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02028 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
THOMPSON ARTHUR D ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TwnMPgnm nnRTq M the
DEFENDANT , at 0021:01 HOURS, on the 10th day of April 2008
at 2800 SPRING ROAD
CARLISLE, PA 17013 by handing to
DORIS THOMPSON
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 6.00
.00
Affidavit .00
Surcharge .00 R. Thomas Kline
y?/y?bS .00
? 6.00
04/11/2008
SRL
Sworn and Subscibed to By:
12
before me this day eputy Sheriff
of A.D.
_ k SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02028 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
THOMPSON ARTHUR D ET AL
Amended
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMPSON ARTHUR D the
DEFENDANT , at 2101:00 HOURS, on the 10th day of April 2008
at 2800 SPRING ROAD
CARLISLE, PA 17013 by handing to
DORIS THOMPSON ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
.00
? 33.00
Sworn and Subscibed to
before me this day
So Answers:
r
R. Thomas Kline
04/14/2008
PHELAN HALLINAN SCHMIEG
By:
Deputy Sheriff
of A.D.
%, SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02028 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
THOMPSON ARTHUR D ET AL
Amended
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMPSON DORIS M the
DEFENDANT
, at 2101:00 HOURS, on the 10th day of April , 2008
at 2800 SPRING ROAD
CARLISLE. PA 17013
DORIS THOMPSON
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
L411by 4,
So Answers:
6.00.
.00
00
10.00 R. Thomas Kline
.00
16.00 04/14/2008
PHELAN HALLINAN SCHMIEG
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A. D.
f
US BANK NATIONAL ASSOCIATION, AS COURT OF COOMON PLEAS
TRUSTEE FOR CSFB HEAT 2006-4,
Plaintiff,
v.
CIVIL DIVISION
NO. 08-2028 CIVIL TERM
CUMBERLAND COUNTY
ARTHUR D. THOMPSON &
DORIS M. THOMPSON
ANSWER TO COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on Behalf of
Defendants
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
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US BANK NATIONAL ASSOCIATION, AS COURT OF COOMON PLEAS
TRUSTEE FOR CSFB HEAT 2006-4,
CIVIL DIVISION
Plaintiff,
V.
NO. 08-2028 CIVIL TERM
CUMBERLAND COUNTY
ARTHUR D. THOMPSON &
DORIS M. THOMPSON
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes Arthur & Doris Thompson, by and through their attorney, Brian J.
Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In
Civil Action wherein the following is averred:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that monthly installments have not been made
conformity with the terms of the mortgage, and therefore this allegation is denied and strict proof is
demanded at the time of trial.
6. Denied. The Defendants are 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. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
8. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
9. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the Defendants were properly delivered a
combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency
Assistance Act of 1983, that payments have not been received and that Act 91 assistance has not
been granted, and therefore this allegation is denied and strict proof is demanded at the time of trial.
10. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
WHEREFORE, the Defendants, request that this Honorable Court dismiss the Plaintiff's
Complaint.
Respectfully submitted,
BLEASDALE LAW OFFICE
Counsel for Defendants
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.
May 7, 2008
Date
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PHELAN HALLINAN & SCHMIEG, LLP
BY: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
US Bank National Association, as
Trustee for CSFB Heat 2006-4
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
vs.
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
Arthur D. Thompson : No. 08-2028 CIVIL TERM
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
PRAF.CIPF. TO SURSTITITTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Complaint Verification executed by China Brown, Vice
President of Loan Documentation of Wells Fargo Financial Pennsylvania, Inc., servicing agent
for Plaintiff in this matter, for the verification executed by Francis S. Hallinan, Esquire, in
connection with the above referenced Action.
DATE: C? g
By: 40'? -
Je ne R. Davey, Esquire
Attorney for Plaintiff
4('
VERIFICATION
China Brown
hereby states that he/she is
Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC.,
servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and
that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of his/her knowledge, information and belief. The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
Name: Ina rown -AR DATE: 04/01/08 Title:Vice President of Loan Documentation
Company: WELLS FARGO FINANCIAL
PENNSYLVANIA, INC.
Loan:1205273888
File #: 162221
e
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PHELAN HALLINAN & SCHMIEG, LLP
BY: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
15)563-7000
US Bank National Association, as
Trustee for CSFB Heat 2006-4
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
VS.
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
Attorney for Plaintiff
: Court of Common Pleas
Civil Division
Cumberland County
: No. 08-2028 CIVIL TERM
I hereby certify that a true and correct copy of the foregoing Plaintiffs Praecipe to
Substitute Verification was served by regular mail on the following parties on the date listed below:
Brian Bleasdale, Esquire
931 Chislett Street
Pittsburgh, PA 15206
DATE: 5AAW
I if qA-AJ-t1 -
By:
Jeni R. Davey, Esquir
Att ey for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
By: JOSEPH P. SCHALK., ESQUIRE
Identification No. 91656
107 N. Front Street, Suite 115
Harrisburg, PA 17101
Phone (215) 563-7000 x 7365
Fax (717) 234-1549
US Bank National Association, as
Trustee for CSFB Heat 20064
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
VS.
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: No. 08-2028 CIVIL TERM
: Cumberland County
MOTION FOR SUMMARY JUDGMENT
Plaintiff respectfully requests that the Court enter an Order granting summary judgment in
its favor in the above-captioned matter and in support thereof avers as follows:
1. There are no material issues of fact in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Defendants, Arthur D. Thompson and Doris M. Thompson, have filed an Answer to
the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is
further addressed in Plaintiffs attached Brief.
4. In their Answer, Defendants generally deny paragraphs five (5) and six (6) of the
Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies
of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto,
incorporated herein by reference, and marked as Exhibits C and D.
5. Defendants have failed to sustain their burden of presenting facts, which contradict
the averments of Plaintiffs Complaint.
6. Defendants admitted in paragraph three (3) of their Answer that they executed the
Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the
Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1,
respectively.
7. By Assignment of Mortgage recorded September 2, 2008, the Mortgage was
assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Instrument
No.200829624. A true and correct copy of the Assignment to Plaintiff is attached hereto,
incorporated herein by reference, and marked as Exhibit A2.
The Mortgage is due for the July 1, 2007 payment, a period in excess of sixteen (16)
months. An Affidavit confirming the default and the amount of the debt is attached hereto,
incorporated herein by reference, and marked as Exhibit B.
9. Defendants' default is also evidenced by Plaintiffs loan history, a true and correct
copy of which is attached hereto, made part hereof, and marked Exhibit F.
10. The last payment applied to the Defendants' mortgage was on or around October
22, 2007. Plaintiff applied this payment to Defendants' account for the delinquent June 1, 2007
payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit F)
Defendants did not tender another payment and the account remains due and owing for the July
1, 2007 payment. Plaintiff has not received any payments after that date. Furthermore,
Defendants have not provided proof of any payments they might have made.
11. The notice provisions of Act 6 of 1974 do not apply to this action because the
original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief.
Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs
intent to foreclose. True and correct copies of the letters and proof of mailing are attached hereto,
made part hereof, and marked Exhibit E.
12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage
Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with
an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants.
True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program
and proof of mailing are attached hereto, made part hereof, and marked Exhibit E.
13. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and
ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its
attached Brief.
14. Defendants have the right to reinstate and/or payoff the loan up until one hour
before a scheduled Sheriffs Sale.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its
favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and
sale of the mortgaged property.
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
By: ikbo?_
h P. chalk, Esquire
Attorney for Plaintiff
EXHIBIT A
Wax Sarver
5/20/2008 6:30 PM PAGE 2/021 Fax Server
•
Prepared By:
Evangeline Milan
3347 Michelson Drive
Suite 300
Irvine, CA
92612
Return To:
TransUnion Settlement Solutions, Inc.
Attn: Aames Processing
1421 Wells Branch Parkway
Suite 305
Pflugerville, TX 78660
Parcel Number:
29140868165
•
[Space Above Tbis Line For Recording Data)
MORTGAGE
DEFINITFONS
Words used in multiple sections of this document are defined below and other words art 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 February 15, 2 006
together with all Riders io this document.
(B) "Borrower" is Arthur D Thompson and Doris M Thompson
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Aames Funding Corporation D3A Aames home loan
Under is a Corporation
PENNSYLVANIA - Single Family- Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3039 1/01
4001.6(PA) (0407)
Page t or is Inltlalr.
YMP Mortgage solutions, Inc. (aoo)321.7291 ?pJI lI 1?II
MC ti:317871 APPI *,0006098156
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organized and existing under the laws of The State of California
Lender's address is 350 South Grand Avenue, 42nd Floor, Los Angeles, CA
90071
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated February 15, 2006
The Note slates that Borrower owes Lender one Hundred Eighty Eight Thous and and
No/loo Dollars
(U.S. 3 188,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than March 1, 2036
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property,
(F) "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.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders rue to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider Condominium Rider El Second Home Rider
71 Balloon Rider Q Planned Unit Development Rider Q 1-4 Family Rider
VA Rider 0 Biweekly Payment Rider Q Other(s) [specify)
(H) "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.
(1) "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.
Q) "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 inmtitution 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.
(K) "Escrow Items" means those items that are, described in Section 3.
(L) "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.
(M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Perindir Payment" means the regularly scheduled amount due for (i) principal and interest tinder the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
DOC 'i:317872
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(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 CF-R. Part 3500), as they might be amended 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.
(P) "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 TEE 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
Leader the following described property located in the County [Type of Recording Jurtadiccionl
of Cumberland [Name of Recording Jurisdiction]:
As per Exhibit A attached hereto and made a part hereof
which currently has the address of 2800+ Spfing Road
[Street]
Carlisle (Cily?,Pennsy]vWa 17013 [7ipCode)
("Property Address"):
?OGETf ER 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. AIL of the foregoing is referred to in this Security Instrument as the
.property."
DOC #:319873 APPL #:0006091156 1^1 T
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BORROWER COVENANTS that Boaowcr is lawfully seised of the estate hereby conveyed and has
t11e right to mortgage, grant and convey die 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.
TEAS SECURITY INSTRUM N'r combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security inshument coveting real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment or 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 lhls Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Leader as payment under the Note or this
Security Instrument is retumed to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasura'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 die 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 arc insufficient to bring
the Loan cturent. Lender may aumpt any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such 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 Notc 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 ProceOds. Except as otherwise described in this Section 2, all payments
accepted turd 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
DOC $:317874 APPL 4:0006099156 AST P"/7
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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 S; and (d) Mortgage Insurance premiums, if any,
or any sutras payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section I0.7I7tese 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 ,,o 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 Lander 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 agr=nrnt contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may. at any Wrre, collect and hold Funds in an amount (a) sufficient to permit Larder to apply
due Funds at the time speed under RESPA, 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 expenditures of fut u? Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including lender, if Lender is an institution whose deposits are so insurer or in any Federal Home
Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrowed any interest or
earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
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Funds. Lender shall give to Borrower, without charge, an amnual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined tinder 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 R.ESPA, 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. Tf these is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower ac required by RESPA, and Borrower shalt pay to Lender the amount necessary to snake up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all stems 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, Foes, and Assessments, if any. To the
extent that these items are Evzow Items, Borrower shall 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, bin 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 Otis Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage." and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance- This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires- What Lender requires pursuant to-the preceding sentences can change during the been 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 ezencised 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.
DOC #,317876 APPr, #:0006098156 Inal?b: ?/^??tJ
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If Borrower fails to maintain any of the coverages described above, Lender nay 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 Leader, but might or might not
protect Borrower. Borrower's equity in the Prop", 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 shalt be subject to Lender's
right to disappmve such policies, shall include a standard mortgage, clause, and shall name Lender as
movtgagee 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 Lanier 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 tamer 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 remrdtiun or repair of the Prupmty, 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 bas 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 trade in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third 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 bepplied in the order provided for in Section 2.
If Borrower abandons the Property, Lenderk 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, 9orrower 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 Instr went, 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. Lander
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.
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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.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deterioratirig 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 ter 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 wo>ic 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 intctior 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..Matmial representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If
(a) Borrower fails to perform the 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) Bnrrmwer has abandoned the Property, then Lender may do and pay for whaievcr is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by alien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bmk uptty proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9. Lender does not have to do so -and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
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Any mounts disbursed by Lender under this Section 9 shall become additional debt of Bouowcr
secured by this Security Instrument. 'These amounts shall bear interest at due 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 Instnrent is on a leasehold, Borrower shall comply with all the provisions of the lease,
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. II Lender required Mortgage Insurance w a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance 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 wheal 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 Burrower any interest or carvings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for die 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 premium for Mortgage Imumc.e, 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 t1iis 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 biases 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 farce from time to time, and may
enter into agreements with other parties that share cr modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Ruder, any purchaser of the Note, another insurer, any reinswer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indimutly) amounts that derive
from (or night 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," Futtber.
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Lnan. Such agreements will nut increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Burrower to any refund.
{??
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other iew. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage lasnirance terminated automatically, andlor 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 shalt be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, lender shall have the right W hold such Ni[iscellancous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the worts 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,
Leader shall not be required to pay Borrower any interest or earnings on such 1?6seellaneous Proceeds. U the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied Do 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 die 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 bender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borruiver, 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 `[late the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repau of the Property or to the stuns secured by this
Security lnstrument, 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
DOC #:117080. APPL #,0006090156 O M'7
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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.
AB Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shalt not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Leander in exercising any right or remedy
including, without limitation. Lender's acceptance of payments from third pcrsons, entities or Successors in
Interest of Bonvwer 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
accommodations 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 approved by Lender, shall obtain all of
Borrower's rights and bents 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 army other fees, time absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition or. the charging of such fee. Lender may not charge tees
that are expressly prohibited by this Security Inslrument or by Applicable Law.
If the Loan is subject to a law which seta maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connation with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be seduced 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 rdund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by. direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
DOC #:317881 APPL #,0006098156
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15. Notices. All notices given by Borrower or lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail 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
fender 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 speeifred procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class malt to Lender's address stated herein unless fended
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. Governiag Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and ttte law of the jur9sdictitxt 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 Nom 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 mutt and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the phiral 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,
thrice beneficial interests transferred in a bond for deed. contract for deed, installment sates contract or escrow
agreement, tie 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 Borrower is
not a nanual person and a beneficial Interest in Borrower is sold or hansferred) 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 nut be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lendga 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 shad 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
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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 protesting 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 ease of acceleration under Section 18.
20, Sale of Note; Change of Loan Stryker; 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 Servicei ) that collects Periodic Payments
due under the Note and this Security Instrurncnt and performs other mortgage loan servicing obligations
under the Note, this Security Instrument. and Applicable Law. lb= 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 Swviccr, 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 Services 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. 'Ilse notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of accelerator given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take correc4e, action provisions of this Section 20.
Z1. Hazardous Substances. As used in this Section 21: (a) "Hawdous Substances" are those
substances defined as toxic or hamdaus substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other iL•unmable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or fom-aldehyde, and radioactive materials; (b)
Trivironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (e) "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.
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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,
not 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, c roatos 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 Hazardnus
Substances that are generally recognized to be appropriate io 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 parry 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 Tate all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to tare 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.
Leader 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 extentl)ennitted 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 tide to the Property, this Security instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rata payable from time to time under
the Note.
DOC #t317884 APPL It:0006098156
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BY SIGNING BELOW, Bormwcr accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
NA? dftd?&_D
lu '' -
- (Seal)
-Borrower
- (Seal)
-Borrower
- ($a) (Seal)
-Borrower -Borrower
(Seal)
-Borrower
DOC 4:7178a5 APPL #:0006098IS6
®-G(PA) (0407) Paps I$ of 1B
i
(Seal)
Arthur D 7hompson -Bormver
Doris M Thompson -Borrower
- (Seal)
-Borrower
Form 3039 1101
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•
, do hereby certify that
Agent of Mortgagee
C,
J
COMMONWEALTH OF PENNSYLVANIA, 0-4,'?l&,?r- aR c%/ County SM
On this. the IS day of N,1, Q?t t tp , before me, the
undersigned officc? person y appeared rthur D Tho son, Doria M 2'hompso
known to me (or
satisfactoril coven) to be the person whose names are subscribed to the within Instrumentanit-
a snow a Tat heshee executed the same for the pl ses herein contained.
.tbey
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
NOTARIAL SEA
CYNTHUi L ANDERSON
NQtory Public
DERIN TOWNSHP DAUPHIN COtAV1Y
my Commisson Fxpires Apr 8, 2007
64 ?,q n? ,
A uv
a -P()Jrc-
Titleof Officer
Certificate of Residence
I,
the correct address of the within-named Mortgagee is
Witness my hand this _ day of
DOt 0:317886
IR-G(PA) (0407)
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LI
is
ADJUSTABLE RATE RIDER
(LIBOR 6 Month Inder (As PuhlMed In The Wall Street Journal) -Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 15th day of February ,
2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Dead of Trust or Security Dent (the "Security Instrument") of the same date given by the undersigned (the
"Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Aames Funding
Corporation DBA Aames Home Loan
(the "Lender") of the same date and covering the Property described in the Security Instrument and
located at:
2800 Spring Road, Carlisle, PA 17013
[Property Addrnrg)
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 two of 9.155 To. The Note provides for
changes in the interest rate and die monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Data
The interestrate l will pay may change on the 1st day of March 2006
and on that day every 6th 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 6 monl 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
MULTISTATE ADJUSTABLE RATE R 0 MONTH INDEX (AS PUBLISHED IN THE WALL STREET
JOURNAL) -Single Family
ft-ASa38U DOC 4,505517?{1? KPPL4,0006098156
Papal 013 InWab: `' `?' T 6i• i ,I-
ELECTRONIC LASER FORMS. INC. • (8001327-0545
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business day of the month immediately preceding the month in which the Change Date occurs is called the
"Current Intim"
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
Six and 350 Thousandths percentagepoint($)
( 6.350 %) to the Current Index. The Note Holder will then round the result of this
addition to the nearest one-eightb 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 tun expected to. owe at the Change Dale in full on the Maturity Date at my
new interest rate in substantially equal payments. The resuh of this calculation will be the new amount of my
monthly payment.
(D) I.tmits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
11. 155 % or less than 9.155 %. Thereafter, my interest rate will
never be increased or decreased on any single Change Date by more than One
perceaftc: point(s)
{ 1 . 000 %) from the rate of interest I have been paying for the preceding 6 months.
My interest rate will never be greater than 15,155 % or less than 9.155%.
(E) Effective Date of Changed
My new interest rate will become effective on each Change Date. 1 will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of illy
monthly payment changes again.
(F) Notice of Changes
The Note Holdet 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. -Me notice will include information required by
law to be given me and also the telephone numher 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 17 of the Security instrument is agfended to read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial inwrmt in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of all sums secured by this Security Instrument However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument Lender
also shall not exercise this option if: (a) Borrower causes to be submitted to Lender
-AS83aU (9705) Papa 2 of 0
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information required by Lender to evaluate the intended transfax as if a new ban were being made to ft
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 consem to the loan assumption. Lender also may 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 delivered
or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instillment without further notice or demand on Borrower.
BY SIGNING BBLO"orrower accepts and agrees to the terms and covenants contained in fhis
Adjustable Rale-RWer, /
1 G. (seal) (Seal)
t
r
D nontpson -Borrower -Borrower
y ?
Y
1
e17Y_1'7
(Seal)
(Seal)
is M Thompuan -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Scat) (Seal)
-Borrower -Borrower
yasasau p7os)
Papa 3 of 3
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EXIGHI'RIT A
Jti : ••` ALLTHAT PARCEL OF LAND 1N'l UWNSRIP OFNORTH MIDDLETON, CUMBtIKL^ D
" COU?,-", COMMON WXALTH OT rE ti LVANII , AS NIORE FIJ SLY W"CRIMM rN DEEsD
9UUlx 2S1, FACT 077, IDN 5914085 BEING KNOWN ANTS 4T.SIGNATED AS METES AND
,.. 50111"s rROPERTY,
DEED FROM AMAH(nt T IL AS SET FORTH IS D8k:2) UOOIC 251, VAGE 4577 DATED
4 04924/20M aND RECORDED 01/301200 ; CUMRXV LAND COUNTY RECORDS, COMMONWEALTH Ur
PENNSYLVANIA.
E?std
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FEE-14-2006 14:24
Page 2 00
P.04
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EXHIBIT Al
ADJUSTABLE RATE NOTE
(LIBOR 6 Month Index (As Published In The Wall Street JoorsW) • Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE
CAN CHANGE ATANY ONETIME AND THE MAXIMUM RATE I MUST PAY.
February 15, 2006 Carlisle Pennsylvania
(Date) [City) Istau]
2800 Spring Road, Carlisle, PA 17013
IPlopeny Addrar)
1. BORROWER'S PROMISE TO PAY
In return fora ban that l have received, I promise to pay U.S. $ 188,000,00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is Aames Funding Corporation DBA Aames Home
Loan
I understand that the Lender may tnuder this Note. The Lender or anyone who takes this Note by transfer and who is entitled w
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 9.155 %. 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 Now.
3. PAYMENTS
(A) There and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the i 9t day of each month beginning on April 1st ,
2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note, My monthly payments will be applied to interest before principal. If, on
March 1, 2036 , I still owe amounts under this Note, I will pay those auturts in full
on that date, which is called the "Maturity Date." I will make my monthly payments at 350 South Grand Avenue,
47th Floor, Los Angeles, CA 90071
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. $ 1,533-71 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. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I willpay may change on the list day of March 2008 , and on that
day every 6th month thereafter. Each date on'which my interest rate could change is called a "Change Dart."
PENNSYLVANIA ADJUSTABLE RATE NOTE - LIBOR 6 MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) -
Single Family
3
APriPI? {t?101S71 APPL 11:0006099156
VMP MORTQAOE FORMS 1800)521.7291 Jt
Papa 1014 Initials: /?
? r
(B) The Index
Beginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank
offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LIBORI, as published in The Wall Street
Journal, 'Ilse 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 Six and 350 Thousandths
peramage point(s) ( 6.350 %) m the Curmtt
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 Dal.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my hew 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 11.155 % of
less than 9.155 96. Tbereaftcr, my interest rate will never be increased or decreased on any
single Change Date by more than One
percentage point(s) ( 1.000 90) from the rate of interest I have been paying for the preceding Six
months. My interest rate will never be greater than 15.155 % or less than 9.155 %,
(E) Effective Date of Clranges
My new interest rate will biome effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the fm 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 inforr at on required by law to be given me and also the
telephone number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is Imown as a
"prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
Except as provided below, I may make a full prepayment or partial prepayments without paying any prepayment charge. The
Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those
changes. My partial prepayment may reduce the amount of my monthly payments after the fast Change Date following my partial
prepayment, However, any reduction due to my partial prepayment may be offset by an interest rate increase.
However, if within the first 2 years after thf execution of the Mortgage, I make any prepaymets(s) of principal,
I will pay a prepayment charge in an amount equal to she payment of six (6) months' interest on the total amount of my
prepayment(s). Such a prepayment charge will be made whether said prepayments are made voluntarily, involuntarily, or upon
acceleration of the Note. If the remaining term of the loan is less than six (6) months, the prepayment consideration shall be the
9mount of the interest for the remaining tern of the note.
6. LOAN CHARGES
This Note shall be governed by the laws of the State of Pennsylvania. If a law, which applies to this loan and which sets
maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with
this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The
Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me.
If a refund reduces principal, the reduction will be treated as a partial prepayment.
nOr #:503572 APPL #10006098156
APa38PA (aim) P498 2014 Inhlah:??
0 0
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a I* charge to the Note Holder. The amount of the
charge will be 10.000 % of my overdue payment of principal and interest: I will pay this late charge
promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in defaull.
(C) Notice of Default
If I am in ddSauk 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 that 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 delivered or mailed to me.
(D) No Waiver By Note Holder
Evert if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a late time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to 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.
9. 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.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be
given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise a pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things, Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under { this Note waive the rights of presentment and notice of dishonor.
'presentment" means the right to require the Note Holderto 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 even to the Note
Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note,
Protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security
Instrument descnbes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe
under this Note. Some of those conditions are described as follows:
DOC #:503573 APPL #:0006098156
APS30PAtoiop 4963of4 1*81s:' T 1
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a natural person) without Lender's prior written consent, bender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument. However, this, option shall not be exercised by
Lender if exercise is prohibited by federal law as of the date of this Security btstntment Lander also shall not
exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate
the inmaded transferee as if a new loan were being made to the transfen:A 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 also may 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 188na ent. 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 ummediate 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 delivered or
mailed within which Borrower must pay all sums secured by this Sectuity 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 farther notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
I
(SW) (Seal)
Arthur D Tho son -Borrower -Borrower
(Seal) (Seal)
-Burrower -Borrower
!Sign Original Only)
WC #:503576 APPL #:ooo6o98r56
AP838PA tmoit Payer 404
EXHIBIT A2
09,/26/2008 21:17 FAX 7176957006 Jody Conrad lj?0002/0007
Recording Regnested.By/Rdmrn To: Aames Funding Corporation DBA Aames Home Loan,
350 South Grand Avenue,.42nd Floor, Los Angeles, CA 90071
Parcel Number: 29140868165
ASSIGNMENT OF MORTGAGE
For Value Received, the uaderaWmd bolder of a Mortgage (herein "Assignor") whose address is
350 South Grand Avenue, 42nd Floor, Los Angeles, CA 90071
does hereby grant, sell,
,sign, transfer and convey, ttnw US ( o-n K 1? antioP?,l A sSoc i o. %-Ce%. cis 4-ruS}-ce.fbr
C.J''CC? rt S A s5e- 'F[ r w- bwivn CsF 4 0,M(A - H , a corporation
organized and existing under the laws of (herein "Assignee"), whose
address is
a certain Mortgage dated February 15, 2006 , made and executed by
Arthur D Thompson and Doris M Thompson
whose address is 2800 Spring Road, Carlisle, PA 17013
to and in favor of Aames Funding Corporation DBA Aames Home Loan
upon the
following described property situated in Cumberland County,
Commonwealth of Pennsylvania:
As per Exhibit A attached hereto and made a part hereof
such Mortgage having been given to secure payment of One Hundred Eighty Eight Thousand
Dollars & No/Cents ($ 188,000.00 )
awju& the OrWnd Prin #W Amooar)
which Mortgage is of record in Book, Volume, or Lber No. ON I , at page 2911 o%*?(or as
No. ) of the Records of Cumberland
County, Commonwealth of Penasylvania, together with the note(s) and obligations therein described and the
money due and to become due ther+ewn with ingest, and all rights accrued or to accrue under such Mortgage.
TO HAVE AND TO HOLD the same unto Assignee, its riccessor and assigns, forever, subject only to the
terms and conditions of the above-described Mortgage.
Panoylvania Awknn%W of bfwtgaae DOC #:046901 APBL # : 0006098156
A owl 9,720 VM
re. t otS tnidOs: 1! URpURp
09/26/2008 9:17:60 AM CUMBERLAND COUNTY Iast# 200829624 - Page 1 of 6
09426/2088 21:18 FAX 7176957006 Jody Conrad fJ0003/0007
IN
On Fe
, the undersigned Assignor has exacted this Assignment of Mortgage
Atwt
Aamas Funding Corporation DBA Aames Home an
(Anigam)
By: "
Assistant secretm")
mounaa
seal:
DOC #=016902 AFPL #:0006098156
,.s995(PA) Ot?tD 9019910
P?o2of?
09/25/2008 8:17:50 AM CUMBERLAND COUNTY Inst# 200829624 - Page 2 of 6
09/26/2008 21:18 FAX 7176957006 Jody Conrad Q0004/0007
ASSIGNMENT OF MORTGAGE
BETWBEN: Acmes Funding Corporation DBA Aames Home Loan
AND
MAIL TO: Aames Funding Corporation DBA Aames Home Loan
350 South Grand Avenue
42nd Floor
Los Angeles, CA 90071
C locate of Restdnce
do beroby certify that A&SIMM'S precise reaWmw a 350 South Grand Avenue,
42nd Floor, We Angeles, CA 90071
Wit=" my hand this 22nd day of February 2006
ASSIONEE or AV= for ASS ONEE
DOC #:046903 ABEL #:0006098156
A . pM(rA) (47to) uo1 $710 PmP36f3
09/26/2008 9:17:50 AM CUMBERLAND COUNTY Inst# 200829624 • Page 3 of 6
09'/26/2008 21:18 FAX 7176957006
Le?
Jody Conrad 80005/0007
Loan Number: 0006098156 PF:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On February 22, 2006 before me, '
a Notary Public, in and for L /10 ,
said County and State, personally appeared
and
personally known to me (or proved to are on the basis of satisfktory evideuoe) to be the person(s) whose name(s) is/are
subscribed to the witbin instrument and aclmowledgod to me that he/shekhey executed the same in their authorized
capacity(tes), and that by his/har/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal
AC703901 (10/98)
DOC #: 703901
09/2612008 9:17:50 AM CUMBERLAND COUNTY Intl 200829624 - Page 4 of 6
L. ARNOFF
COMM.-,1830808
NOTARY PUSUC-CAUFORMA
ORANGE COUNfY W
?r Tenn &p. Jan. 6.20t0
09726/2008 21:18 FAX 7176957006
i. ..... .
Jody Conrad
IM 0006/0007
09/19/2007 17:44 TIM 7176997794 J CONRAD - X019
- I
oRDIDI tk 3lt1iQ69 .
$7CHim A
ALL TZ4T rAKCRL (WLALYD IN TOWISIM CWNORZA )IIIJUY'NK LIUMMAND
COUNTY. Co>J4aw WWRALTH 0y7A0OLVANIA.Aill UM FW LV 94 V=M
smK =3, PAGz 4577, IDR 2n401 o& NRII4Ci x Nd'N?liF AM DXNM"TRD AS MZTRS AND
Bouma rmur m.
DuRp f'HO? AR7'H1?R D.'17iW5rSON As esr l?00ttA nil D? ?>K ?3. rAG? b7! tDIAtRD •
0518f/i00R AND RZCONDYD 051!01200; GLAND COMM RI&COR M CGRIMONWLAALTH OF
rR[?n?tmvAxu.
x, r,
Of Deeds
l11941 PG2 996
09126/2008 9:17:50 AM CUMBERLAND COUNTY Inat.# 200828624 - Pegs 5 of 6
091/26/2008 21:18 FAX 7176957006 Jody Conrad
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200829624
Recorded On 9/2/2008 At 11:31:47 AM * Total Pages - 6
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 28114 User ID - MSW
* Mortgagor - AAMES FUNDING CORP
* Mortgagee - CREDIT SUISSE FIRST BOSTON CSFB 2006-4
* Customer - PEM AK 14ALLINAN & SCE IIEG LLP
* FEES I--"
STATE W=T TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF DEEDS
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
TOTAL PAID
$0.50
$10.00
$13.50
$2.00
$3.00
$29.00
. Q 0007/0007
I Certify this to be recorded
in Cumberland County PA
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
RECORDER 0414;
+ - Information denoted by in asterisk may change during
the vari![cation process and may not be reHseted on this page.
iiiiwll?mu
09=2008 9:17:50 AM CUMBERLAND COUNTY InstA 200829824 - Page 6 of 6
EXHIBIT B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF South Carolina )
ss.
COUNTY OF York )
Nicole Miles, being duly sworn according to law, deposes and says:
I am employed in the capacity of Vice President of Loan Documentation at
America's Servicing Company, mortgage servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the
instant foreclosure action and am authorized to give this Affidavit.
3. I am the custodian of records for the within matter.
4. All proper payments made by Defendants have been credited to
Defendants' accounts.
5. Defendant's mortgage payments due July 1, 2007 and each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance $186,426.23
Interest $14,074.76
June 1, 2007 through March 27, 2008
(Per Diem $46.76)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
February 15, 2006 to March 27, 2008
Cost of Suit and Title Search $550.00
Subtotal $202,300.99
Escrow Credit $0.00
Escrow Deficit 648.58
TOTAL $202,949.57
7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure
the arrears on the past due mortgage payments.
8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but
Defendants did not take the necessary affirmative steps to avoid foreclosure.
9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on
the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which
accrues to the benefit of Defendants and to the severe detriment of Plaintiff.
10. Plaintiff properly accelerated its mortgage to protect its interests.
Namb: Nicole Miles
Title: Vice President of Loan
Documentation
America's Servicing Company
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 23 DAY
OF Mau, 2008.
1tc5C.a?-
OFFICIAL SEAL
O RY Pp" Notary Public
MARYfJ oTRAMBLE
M Commission Ex 'Ti July 06, 2016
File Name and Number: Arthur D. Thompson and Doris M. Thompson, Account No. 1205273888
EXHIBIT C
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 162221
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
3476 STATEVIEW BLVD
FORT MILL, SC 29715
V.
Plaintiff
c3 ?
l 50
c.s
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 08 - 0118 Civil T&sf
ARTHUR D. THOMPSON
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
CUMBERLAND COUNTY
eeefendants
thin r bye CIVIL ACTION - LAW
W tp??
i1?lY
c r
MO
ON r W RTGAGE FORECLOSU *
v -%7
"V r4 @'6,w y
4Jl
Of
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File #: 162221
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 162221
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
File #. 162221
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 162221
1. Plaintiff is
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
ARTHUR D. THOMPSON
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/15/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to AAMES FUNDING CORPORATION, D/B/A AAMES HOME
LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND
County, in Mortgage Book No. 1941, Page 2977. The PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 162221
6. The following amounts are due on the mortgage:
Principal Balance $186,426.23
Interest $14,074.76
06/01/2007 through 03/27/2008
(Per Diem $46.76)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
02/15/2006 to 03/27/2008
Cost of Suit and Title Search 550.00
Subtotal $202,300.99
Escrow
Credit $0.00
Defecit $648.58
Subtotal 648.58
TOTAL $202,949.57
7
8
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees 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.
Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in abankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 162221
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in ree Judgment against the Defendant(s) in the sum
of $202,949.57, together with interest from 03/27/2008 at the rate of $46.76 per diem to the date
of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure
and sale of the mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By. g-?b7
LA NCE T. PHEL , ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JAM, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
File #: 162221
LEGAL DESCRIPTION
ALL THAT CERTAIN lot, parcel, or piece of ground with improvements thereon erected situate
in North Middleton Township, Cumberland County, Pennsylvania bounded and described as
follows:
BEGINNING at a P.K. nail in Carlisle Springs Road, PA Route 34, at the southern line of Lot
No. 61, Section 6; thence along said road South Twelve (12) degrees Thirty-Two (32) minutes
Thirty (30) seconds West One Hundred Fifteen and Zero Hundredths (115.00) feet to a P.K. nail
at a corner of Lot No. 63, Section 6, Kingsbrook; thence along Lot No. 63 North Seventy-Seven
(77) degrees Twenty-Seven (27) minutes Thirty (30) seconds West One Hundred Ninety and
Zero Hundredths (190.00) feet to an iron pin; thence along Lot No. 64, Section 6, North Twelve
(12) degrees Thirty-Two (32) minutes Thirty (30) seconds East One Hundred Fifteen and Zero
Hundredths (115.00) feet to an iron pin on the southern side of Lot No. 61, Section 6; thence
along Lot No. 61, Section 6 South Seventy-Seven (77) degrees Twenty-Seven (27) minutes
Thirty (30) seconds East One Hundred Ninety and Zero Hundredths (190.00) feet to a P.K. nail,
the point and place of BEGINNING.
PREMISES BEING: 2800 SPRING ROAD
PARCEL NO: V-14-0868-165
BEING THE SAME PREMISES WHICH Bobbie Lee Stovall and Coy J. Stovall, wife and
husband, and Bobbie Lee Stovall, Executrix of the Estate of Nguyen T. Scott by Deed dated
April 24, 1998 and recorded May 1, 1998 in Deed Book 176, Page 497, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto
Arthur D. Thompson, Grantor herein.
File fl: 162221
VERIFICATION
China Brown hereby states that he/she is
Vice President of Loan Documentation. of WELLS FARGO FINANCIAL PENNSYLVANIA, INC.,
servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and
that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of his/her knowledge, information and belief. The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom
falsification to authorities.
w
449 1 U014
Name: China drown
DATE: 04/01/08 Title:Vice President of Loan Documentation
Company: WELLS FARGO FINANCIAL
PENNSYLVANIA, INC.
Loan: 1205273888
File #: 162221
EXHIBIT D
US BANK NATIONAL ASSOCIATION, AS COURT OF COOMON PLEAS
TRUSTEE FOR CSFB HEAT 2006-4,
CIVIL DIVISION
Plaintiff,
V.
ARTHUR D. THOMPSON &
DORIS M. THOMPSON
NO. 08-2028 CIVIL TERM
CUMBERLAND COUNTY
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes Arthur & Doris Thompson, by and through their attorney, Brian J.
Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In
Civil Action wherein the following is averred:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that monthly installments have not been made
conformity with the terms of the mortgage, and therefore this allegation is denied and strict proof is
demanded at the time of trial.
6. Denied. The Defendants are 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. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
8. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
9. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the Defendants were properly delivered a
combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency
Assistance Act of 1983, that payments have not been received and that Act 91 assistance has not
been granted, and therefore this allegation is denied and strict proof is demanded at the time of trial.
10. The corresponding paragraph of Plaintiff's Complaint forms a legal conclusion to
which no response is required.
WHEREFORE, the Defendants, request that this Honorable Court dismiss the Plaintiff's
Complaint.
Respectfully submitted,
BLEASDALE LAW OFFICE
By: - I'll
Brian J. Ble dale, Esquire
Counsel for Defendants
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
unworn falsification to authorities.
May 7, 2008
Date
EXHIBIT E
PO Box 1225
Charlotte, NC 28201-1225
August 13, 2007
Arthur D. Thompson
2800 Spring Rd.
Carlisle PA 17013
002204/ I06A.AI
RE: America's Servicing Co. Loan Number 1205273888
Mortgagor(s): Arthur D. Thompson
Mortgaged Premises: 2800 Spring Rd.
Carlisle, PA 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your home. This Notice explains ow the program works.
r
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
1111111111111111111
711111 U47 5190 4436 8624
NOTICE. Take this Notice
q Agencies serving your
on may call the nnsylvauia
aired hearing can call
on when you meet with th
The name, address and phone number of Consumer Credit Counsel
are
a
at
w
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 CONTENDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Arthur D. Thomason
PROPERTY ADDRESS:
Carlisle, P 17013
LOAN ACCT. NO.: 1205273999
ORIGINAL LENDER:
CURRENT LENDER/SERVICER• America's Servicing Co.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1993 (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
0 foreclosure on your mortgage or t trty (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
CONSUMER CREDIT COUNSELING AGENCIES -- if you meet with one of the consumer credit
coanse to a ncies listed at the en o this notice the lender m NOT take action against you
for th . ty 3 days after the _date of this meeting. The names. addresses and telephone numbers
i are set torte at the end of tnts Notice. it is only necessary to schedule one face-to-face
g. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons
set forth later to this Notice see following pages or 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 Mort a e Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner'sVmer en
Assistance Program Application with one of the designated consumer credit counseling gencies
listed at the end of this Notice. Only consumer credit counseling agencies have applications for
the program and they will assist you to submitting a complete application to the Pennsylvania
Houstn Finance Agency. Your application MUST be filed or postmarked within thirty (30) days
of your ace-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 APPLICATTION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
00220AII06
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will
be disbursed y t e 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 bepursued 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 6NLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on your property
located at: 2800 Spring Rd_
ecause:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
Other charges (explain/itemize):_ Late Charges 50.00
Ot er FFees (if applicable) S11-00
Suspense Amount
TOTAL AMOUNT PAST DUE: 5,975.40
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
HOW TO CURE THE DEFAULT - - You may cure the default within THIRTY (30) DAYS of the
date o is notice BY rA It INGTHE TOTAL AMOUNT PAST DUE TO THE LENER WHICH
IS S 5,975.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WFUN BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's
check, certified check or money order made payable and sent to.,
America's Servicing Co.
PO Box 1920, Newark, NJ 07101-1920
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date
of this letter:
U N CURE THE DEFAULT - - if you do not cure the default within THIRTY 30 DAYS
o the ate o this Notice, the en er M-1-ends to exercise its rights to accelerate the mortgagedebt. This
means that the entire outstanding a ance o is a will a considered ue imme is e y an 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 o the mortgage debt. telender re. s your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings aganst yyou, you will still be required to pay the reasonable
attorney's fees that were actual) incurred, up to $10.011 However, if lepa proceedings are started
7ainst you you will have to pay all reasonable attorney's fees actually incurred by the lender even if
ey exceed 550.00. 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) DA* period, you
will not be required to pay attorney'
OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal
balance an a other sums ue under the mortgage.
002204110•
HT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
in the THIRTY (30) DAY period an foreclosure procee :ngg have begun. you still have the right
mortgage. C;ar-u your desalt in the manner
same position as if you had never defaulted.
are your
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriff's Sale o the mortgage 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: America's Servicing Co.
Address: 3476 Stateview Boulevard
Fort Mill, SC 29715
Phone Number. 966-430-0675
Fax Number: 903-396-6063
Contact Person: Clarice Townsend
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of
the mortpa,e property an 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 MORTGAGE .-You may or map not sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
00A EBLAND MU NTY
CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3rd Street
Harrisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717) 762-3285
F A X # (717) 541-4670
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
F AX # (717) 731-9589
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX# (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717334-1518
FAX (717) 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
USPS - Track & Confirm
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9/29/2008
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
DATE: September 26, 2007
TO: Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortag_ge on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
Counseline Aeencv.
The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME (S): Doris M. Thompson
PROPERTY ADDRESS: 2800 Spring Road, Carlisle, PA 17013
LOAN ACCT. NO.: 1205273888
ORIGINAL LENDER: Aames Funding Corporation
CURRENT LENDER/SERVICER: US Bank National Association
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 three (33) 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 (33) 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 and Phelan Hallinan and Schmieg's PHFA department.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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 (Bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located
at: 2800 Spring Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: 05-01-07 thru 09-01-07 2 payments at $1,858.00 and 3
payments at $1,800.61 per month.
Monthly Payments Plus Late Charges Accrued: $9,117.83
NSF: $0.00
Inspections: $0.00
Other Charges: $0.00
Escrow: $0.00
(Suspense): 545.15
Total amount to cure default $8,572.68
See paragraph below headed
"HOW TO CURE THE DEFAULT"
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A
* 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 $8,572.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this
letter, you owe the amount specified above. Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if
you pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event we will inform you before depositing the check for collection. For further
information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement
Department. Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to: PHELAN HALLINAN & SCHMIEG, LLP, Suite 1400, One
Penn Center, 1617 JFK Boulevard, Philadelphia, PA 19103-1814, Attn: Reinstatement
Department. 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.) N/A.
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. The 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 attorney to start legal action to
foreclosure upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. Any attorney's fees will be added to the amount to the lender, which may also
include other reasonable costs.
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 Sheriffs Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage 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: PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center
1617 JFK Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Attention: Reinstatement 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 MORTGAGE-You may or X_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
If this is the first notice that you have received from this office, be advised that: You may dispute the
validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt
of this letter, this firm will obtain and provide you with written verification thereof; otherwise the
debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this
letter, the firm will send you the name and address of the original creditor if different from above.
LL: slm
Cc: America's Servicing Company
Attn: Timothy Hines
Account No.: 1205273888
Very Truly Yours,
PHELAN HALLINAN & SCHMIEG, LLP
Mailed by 1" Class mail and by certified Mail No: 7007 1490 0002 6860 8619
---------------------------------- FOLD HERE
Doris A Thompson
2800 Spring Road
Carlisle, PA 17013
---------------------------------- FOLD HERE
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Label/Receipt Number: 7007 1490 0002 6860 8619
Status: Delivered
Your item was delivered at 2:48 pm on September 29, 2007 in
CARLISLE, PA 17013. A proof of delivery record may be available
through your local Post Office for a fee.
Additional information for this item is stored in files offline.
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EXHIBIT F
SERI 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
_
-----HIST-------- -------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PR INCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
09-24-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
08-28-08 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES
125.00 0.00 0.00 0.00 125.00 3RD REC CORP ADV
08-27-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
08-13-08 07-07 161 ESCROW ADVANCE
2,229.03 0.00 0.00 2,229.03
08-12-08 08-08 314 TOWN/VILLAGE TAX
2,229.03- 0.00 0.00 2,229.03- PAYEE = 370416019
2,859.20-
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNl 780hhi l l n(-t 2. 2008 9 e 4; - nl AN
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST------ ---------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
07-23-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
06-19-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
05-23-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
04-28-08 07-07 161 ESCROW ADVANCE
630.17 0.00 0.00 630.17
04-25-08 04-08 351 HAZ INS
737.00- 0.00 0.00 737.00- PAYEE = 59001
630.17-
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FN12ROhhill nnr. 2. 2nnR 9:41:1'A AM
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
_ < - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST-------- -------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
04-24-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
04-07-08 00-00 630 ATTORNEY ADVANCES
75.00 0.00 0.00 0.00 75.00 MTGR REC CORP ADV BA
04-02-08 00-00 632 STATUTORY EXPENSES
75.00 0.00 0.00 0.00 75.00 MTGR REC CORP ADV BA
04-02-08 00-00 632 STATUTORY EXPENSES
265.00 0.00 0.00 0.00 265.00 MTGR REC CORP ADV BA
04-02-08 00-00 632 STATUTORY EXPENSES
78.50 0.00 0.00 0.00 78.50 MTGR REC CORP ADV BA
04-02-08 00-00 630 ATTORNEY ADVANCES
250.00 0.00 0.00 0.00 250.00 MTGR REC CORP ADV BA
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
RW1 2Rohbi 11 nr.t- 2. 20OR 9!44!29 AN
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
---- HIST----------------------* LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
03-28-08 04-08 313 CITY TAX
541.75- 0.00 0.00 541.75- PAYEE = 370410019
106.83
03-28-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
03-05-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
02-28-08 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES
95.00 0.00 0.00 0.00 95.00 MTGR REC CORP ADV BA
01-29-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNl7RQhhi11 nnt-. 2. BOOR 9:44!47 AM
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAM TRAM-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
01-08-08 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
11-26-07 07-07 173 PAYMENT
0.00 0.00 0.00 0.00 829.15
829.15-
11-26-07 00-00 745 CORPORATE ADVANCE ADJUSTMENT
829.15- 0.00 0.00 0.00 829.15- MTGR REC CORP ADV BA
10-22-07 06-07 173 PAYMENT 10-19-07
0.00 110.59 1,423.12 324.29
186,426.23 648.58
10-22-07 05-07 173 PAYMENT 10-19-07
4,000.00 109.75 1,423.96 324.29 284.00
PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FN1 2ROhbi 11 Ort-. 2. 20OR 9!44; c 1 S AM
SERI 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
•
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONY. RES.
ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST-------- -------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAM IRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
186 ,536.82 324.29
10-22-07 00-00 632 STATUTORY EXPENSES
400.00 0.00 0.00 0.00 400.00 MTGR REC CORP ADV BA
10-22-07 00-00 632 STATUTORY EXPENSES
10.00 0.00 0.00 0.00 10.00 MTGR REC CORP ADV BA
10-22-07 00-00 630 ATTORNEY ADVANCES
75.00 0.00 0.00 0.00 75.00 MTGR REC CORP ADV BA
10-22-07 00-00 630 ATTORNEY ADVANCES
375.00 0.00 0.00 0.00 375.00 MTGR REC CORP ADV BA
09-27-07 00-00 631 PROPERTY PRESERVATION
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNI 9.Rahbi l l Oaf 9- 20nR 9:45:2R AN
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. 1ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
_ < - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
---- HIST----------------------* LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
08-31-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 95.00
95.00-
08-31-07 00-00 745 CORPORATE ADVANCE ADJUSTMENT
95.00- 0.00 0.00 0.00 95.00- MTGR REC CORP ADV BA
08-30-07 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES
95.00 0.00 0.00 0.00 95.00 MTGR REC CORP ADV BA
08-28-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 15.00 4 INSPECTION FEE
15.00-
08-28-07 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES
1.00 0.00 0.00 0.00 1.00 NON REC CORP ADV
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
RNl2,gohhi11 Or:t. 2. 2nnR 9.4ri!RR AN
SERI 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
08-22-07 05-07 168 REPAY OF ESCROW ADVANCE
0.00 0.00 0.00 798.70- 798.70
08-22-07 05-07 173 PAYMENT
0.00 0.00 0.00 798.70 798.70-
0.00
08-21-07 05-07 161 ESCROW ADVANCE
798.70 0.00 0.00 798.70
08-20-07 08-07 314 TOWN/VILLAGE TAX
2,115.96- 0.00 0.00 2,115.96- PAYEE = 370416019
798.70-
08-17-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 76.69 1 LATE FEE
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FN '1 ?. RQhl-hi I I Orr. 2'. 2nnR @:4F: n9 AN
SERI 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
------HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAM TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
76.69-
08-16-07 05-07 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
08-02-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 15.00 4 INSPECTION FEE
15.00-
07-17-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 10.00 G FAX FEE
10.00-
07-17-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 30.00 4 INSPECTION FEE
30.00-
P F2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
RN l7RC@hhiII nest. 2. qnnR 9!46!l9 AM
SER1 1205273888 CUSTOMER SERVICE INV 386/001 1.0/01/D8 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
_ < - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAM-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
07-17-07 05-07 173 PAYMENT
0.00 0.00 0.00 0.00 215.07 1 LATE FEE
215.07-
07-16-07 05-07
0.00
07-16-07 05-07
1,800.61
06-18-07 05-07
0.00
05-22-07 05-07
0.00
152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00
173 PAYMENT
0.00 0.00 0.00
152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00
173 PAYMENT
0.00 0.00 0.00
76,69-1 LATE FEE
07-14-07
1,800.61
76.69-1 LATE FEE
15.00 1 LATE FEE
15.00-
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
Rml219ebb i11 n(-.t 2. 20nR 9t46:ril AM
SER1 1205273888 CUSTOMER SERVICE INV 386/001 1Q/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST-------- -------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAM TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAM-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
05-21-07 04-07 172 PAYMENT
1,967.36 108.92 1,424.79 418.65 15.00
186 ,646.57 1,317.26
05-16-07 04-07 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
04-25-07 04-07 351 HAZ INS
629.00- 0.00 0.00 629.00- PAYEE = 59001
898.61
03-30-07 04-07 313 CITY TAX
541.75- 0.00 0.00 541.75- PAYEE = 370410019
1,527.61
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FN12Rfi'hbil1 Cdrt. 2. ?nnR 9!47.11 AM
SER1 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
_ < - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN IRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
03-23-07 03-07 173 PAYMENT 03-22-07
0.00 108.10 1,425.61 418.65 1,952.36-
186,755.49 2,069.36
03-23-07 02-07 173 PAYMENT 03-22-07
0.00 107.28 1,426.43 418.65 1,952.36-
186,863.59 1,650.71
03-23-07 02-07 173 PAYMENT
0.00 0.00 0.00 0.00 30.00 4 INSPECTION FEE
30.00-
03-23-07 02-07 173 PAYMENT
0.00 0.00 0.00 0.00 368.52 1 LATE FEE
368.52-
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNl 280hhi l l Ort- 2. 2nos 9:47:26 AM
SER1 12(75273888 CUSTOMER SERVICE INV 386/001 19/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
_
-----HIST---------------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
03-22-07 01-07 172 PAYMENT
6,255.60 106.47 1,427.24 418.65 4,303.24
186,970.87 1,232.06
03-16-07 01-07 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
02-16-07 01-07 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
01-31-07 01-07 173 PAYMENT
0.00 0.00 0.00 0.00 168.31 1 LATE FEE
168.31-
01-30-07 12-06 172 PAYMENT
2,000.00 105.66 1,428.05 297.98 168.31
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
pl%jl ?).RCahbi 11 Or:t. 2. 2onR 9:47:4n AM
SEk.l 1285273888 CUSTOMER SERVICE INV 386/001 l,p/01/b8 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
_
-----HIST---------------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
187,077.34 813.41
01-16-07 12-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
12-19-06 11-06 173 PAYMENT 12-18-06
1,831.69 104.86 1,428.85 297.98
187,183.00 515.43
12-18-06 11-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
11-16-06 11-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
11-09-06 10-06 168 REPAY OF ESCROW ADVANCE
0.00 0.00 0.00 80.53- 80.53
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
TP.Ml7Rnahhill nr.fi. 9. 7nnp 9:47.91 AN
SEAL 1285273888 CUSTOMER SERVICE INV 386/001 1Q/Ol/b8 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
----_HIST---------------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
11-09-06 10-06 173 PAYMENT
1,831.69 104.07 1,429.64 297.98
187,287.86 217.45
10-16-06 10-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
09-22-06 09-06 168 REPAY OF ESCROW ADVANCE
0.00 0.00 0.00 297.98- 297.98
09-22-06 09-06 173 PAYMENT
1,831.69 103.28 1,430.43 297.98
187,391.93 80.53-
09-18-06 09-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
---* PF2 FOR ADDL MESSAGES *-------------------- -------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNl 2 Rnhhi l l nr.f 2. 2onR q e 4R - n7 AM
SEAL 1205273888 CUSTOMER SERVICE INV 386/001 19/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
_
-----HIST-------- -------------- * LOAN HISTORY *- -------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAM-EFFECTIVE-DATE
TRAN-AMT PR INCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
08-24-06 08-06 168 REPAY OF ESCROW ADVANCE
0.00 0.00 0.00 297.98- 297.98
08-24-06 08-06 173 PAYMENT
1,908.38 102.50 1,431.21 297.98 76.69 1 LATE FEE
187 ,495.21 378.51-
08-16-06 08-06 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 76.69-1 LATE FEE
08-14-06 08-06 161 ESCROW ADVANCE
676.49 0.00 0.00 676.49
08-11-06 08-06 314 TOWN/VILLAGE TAX
2,031.97- 0.00 0.00 2,031.97- PAYEE = 370416019
676.49-
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FW12ROhhill nr.t 2. ?nnR 9:4R:19 AN
SERI 1205273888 CUSTOMER SERVICE INV 386/001 10/01/08 09:41:33
ARTHUR D THOMPSON 000-00-1570 0 TYPE CONV. RES. ARM MAN F
000-00-0000 IR 9.15500 BR FR 717-243-2425
2800 SPRING RD CARLISLE PA 17013 0 000-000-0000
< - CHECK PROCESSING TRANSACTION - SEE CHUCKY FOR DE >: 08/13/08
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAM TRAM-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
06-20-06 07-06 173 PAYMENT
1,831.69 101.72 1,431.99 297.98
187,597.71 1,355.48
05-11-06 06-06 174 PAYMENT 05-10-06
0.00 100.95 1,432.76 266.98 1,800.69-
187,699.43 1,057.50
05-10-06 06-06 172 PAYMENT
1,800.69 0.00 0.00 0.00 1,800.69
05-04-06 06-06 170 BEG ESC DEPOSIT
790.52 0.00 0.00 790.52
790.52
---* PF2 FOR ADDL MESSAGES *---------------------------------------------------
PRESS PF14 FOR MEMOS PLS-CLIENT 023 LOAN
ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT
ACTIVE FORECLOSURE
FNl7Rahhi11 fart 2. 2n08 974R:14 AM
4
VERIFICATION
Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action,
that he is authorized to make this verification, and that the statements made in the foregoing Motion
for Summary Judgment and Brief are true and correct to the best of his knowledge, information,
and belief. The undersigned understands that this statement herein is made subject to the penalties
of 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
I b ?aq 101g By: ? -qkla?
Date Jos P. Schalk, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
By: JOSEPH P. SCHALK, ESQUIRE
Identification No. 91656
107 N. Front Street, Suite 115
Harrisburg, PA 17101
Phone (215) 563-7000 x 7365
Fax (717) 234-1549
US Bank National Association, as
Trustee for CSFB Heat 2006-4
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
VS.
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: No. 08-2028 CIVIL TERM
: Cumberland County
CERTIFICATION OF SERVICE
1 hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof, Argument Praecipe attached Exhibits and Order were sent via first class
mail to the persons on the date listed below:
Brian Bleasdale, Esquire
931 Chislett Street
Pittsburgh, PA 15206
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Date: l d `0
By: An zv? C\VN ?)
_
th P. halk, Esquire
Attorney for Plaintiff
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
US Bank National Association, As Trustee
For CSFB Heat 2006-4
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
VS.
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
Court of Common Pleas
Civil Division
: Cumberland County
: No. 08-2028 Civil Term
1. State matter to be argued: Plaintiff s Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Joseph P. Schalk, Esquire
Address: Phelan Hallinan & Schmieg, LLP
107 N. Front Street, Suite 115
Harrisburg, PA 17101
(b) for defendants: Brian Bleasdale, Esquire
Address: 931 Chislett Street
Pittsburgh, PA 15206
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: December 3, 2008
Dater o? B U•
s ph P. chalk, Esquire
Attorney for Plaintiff
C
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
US Bank National Associatiob, as
Trustee for CSFB Heat 2006-4
3476 Stateview Boulevard
Fort Mill, SC 29715
Plaintiff
VS.
Arthur D. Thompson
Doris M. Thompson
2800 Spring Road
Carlisle, PA 17013
Defendants
AND NOW, this 3&
ORDER
: Court of Common Pleas
: Civil Division
: No. 08-2028 CIVIL TERM
: Cumberland County
day of 'D-u ? , 2008 upon consideration of
Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of
the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary
Judgment as a matter of law, and it is hereby:
ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and
against Defendants, Arthur D. Thompson and Doris M. Thompson, for $202,949.57 plus interest
from March 27, 2008 at the rate of $46.76 per diem and other costs and charges collectible under
the mortgage, for foreclosure and sale of the mortgaged property.
BY THE CO
/:
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J.
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Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
One Penn Center Plaza
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215 320-0007
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSFB HEAT 20064
VS.
ARTHUR D. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 08-2028-CIVIL
PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER
TO THE PROTHONOTARY:
Kindly assess damages in favor of the Plaintiff and against ARTHUR D.
THOMPSON and DORIS M. THOMPSON, Defendant(s) in accordance with the
Court's Order dated ,
As set forth in Order
Interest - 03/28/08 TO 12/03/08
TOTAL
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PHS# 162221
$202,949.57
11736.76
$214,686.33
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
PRO PROTHY
or,
/Cf 2,221
Na(
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
US Bank National Associati6b, as
Trustee for CSFB Heat 2006-4
3476 Stateview.Boulevard
Fort Mill, SC 29715
Plaintiff
vs.
Arthur D. Thompson
Doris M. Thompson
2804 Spring.Road
Carlisle; PA 17013
Defendants
ORDER
AND NOW, this 3&
: Court of Common Pleas
: Civil Division
: No. 08-2028 CIVIL TERM
: Cumberland County
day of t?3 u , 2008 upon consideration of
Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of
the Response; if any, filed.by Defendants; the Court determines that:Plaintiff is entitled to Summary
Judgment as a matter of law, and it is hereby:
ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and
against Defendants, Arthur D. Thompson and. Doris M. Thompson, for $202,949.57 plus interest
from March 27, 2008 at the rate of $46.76 per diem and other costs and charges collectible under
the mortgage, for foreclosure and sale of the mortgaged property.
rt. l ?i d:' t 3? yb
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BY THE CO T:
J.
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
One Penn Center Plaza
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215) 320-0007
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSFB HEAT 20064
VS.
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 08-2028-CIVIL
VERIFICATION OF NON-MILITARY SERVICE
Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the
above-captioned matter, and that on. information and belief, he has knowledge of the following
facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended.
(b) that defendant ARTHUR D. THOMPSON is over 18 years of age and resides
at 2800 SPRING ROAD, CARLISLE, PA 17013.
(c) that defendant DORIS M. THOMPSON is over 18 years of age, and resides at
2800 SPRING ROAD, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
c?.
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By' "E.?T-
If you have any questions concerning this matter please contact:
Daniel G. Schmieg, Esquire
Attorney or Party Filing
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT
ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
(Rule of Civil Procedure No. 236) - Revised
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSFB HEAT 20064
VS.
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
ARTHUR D. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
: NO. 08-2028-CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on A ,deg , 2008.
N
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
Pa.R.C.P. 3180-3183
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
Plaintiff,
V.
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Defendant(s).
TO THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 12/04/2008-06/10/2009
(per diem -$35.29)
No. 08-2028 CIVIL TERM
$202,949.57
$6,669.81 and Costs
TOTAL
Note: Please attach description of property.
$209,619.38
DANIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sherffrs Sale. The sale must be postponed*or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
Plaintiff,
V.
ARTHUR D. THOMPSON .
DORIS M. THOMPSON
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2028 CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
- 0 9-A_ WM?
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
Plaintiff,
V.
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2028 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSFB HEAT 2006-4, Plaintiff in the
above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property located at
,2800 SPRING ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
2800 SPRING ROAD
CARLISLE, PA 17013
2800 SPRING ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
w
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
BRIAN J. BLEASDALE, ESQUIRE
2800 SPRING ROAD
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
931 CHISLETT STREET
PITTSBURGH, PA 15206
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities.
February 24, 2009 8?
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
C= r')
"-3 : J
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
Plaintiff,
V.
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Defendant(s).
TO: ARTHUR D. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
February 24, 2009
CUMBERLAND COUNTY
No. 08-2028 CIVIL TERM
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Your house (real estate) at, 2800 SPRING ROAD, CARLISLE, PA 17013, is scheduled to be
sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $202,949.57 obtained by US
BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSFB HEAT 2006-4 (the mortgagee)
against you. In the event the sale is continued, an announcement will be made at said sale in compliance
with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff s Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
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 (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 the 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 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home 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.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN lot, parcel, or piece of ground with improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a P.K. nail in Carlisle Springs Road, PA Route 34, at the southern line of Lot No.
61, Section 6; thence along said road South Twelve (12) degrees Thirty-Two (32) minutes Thirty
(30) seconds West One Hundred Fifteen and Zero Hundredths (115.00) feet to a P.K. nail at a corner
of Lot No. 63, Section 6, Kingsbrook; thence along Lot No. 63 North Seventy-Seven (77) degrees
Twenty-Seven (27) minutes Thirty (30) seconds West One Hundred Ninety and Zero Hundredths
(190.00) feet to an iron pin; thence along Lot No. 64, Section 6, North Twelve (12) degrees Thirty-
Two (32) minutes Thirty (30) seconds East One Hundred Fifteen and Zero Hundredths (115.00) feet
to an iron pin on the southern side of Lot No. 61, Section 6; thence along Lot No. 61, Section 6
South Seventy-Seven (77) degrees Twenty-Seven (27) minutes Thirty (30) seconds East One
Hundred Ninety and Zero Hundredths (190.00) feet to a P.K. nail, the point and place of
BEGINNING.
BEING THE SAME PREMISES VESTED IN Arthur D. Thompson and Doris M. Thompson,
husband and wife, by Deed from Arthur D. Thompson, husband, dated 05/24/2002, recorded
05/30/2002, in Deed Book 251, page 4577.
PREMISES BEING: 2800 SPRING ROAD, CARLISLE, PA 17013
PARCEL NO. 29-14-0868-165
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2028 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for
CSFB HEAT 20064, Plaintiff (s)
From ARTHUR D. THOMPSON and DORIS M. THOMPSON
(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 $202,949.57
L.L. $.50
Interest from 12/04/08 - 6/10/09 (per diem - $35.29) - $6,669.81 and Costs
Atty's Comm %
Atty Paid $197.00
Plaintiff Paid
Date: 2/25/09
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
&ulis R. L Pg,Prothono
By:
Deputy
Name:
Address: PHELAN HALLINAN & SCHMIEG
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-2028 Civil Term
U S Bank National Association, As Trustee for CSFB HEAT 2006-4
VS
Arthur D. Thompson and Doris M. Thompson
Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAKED.
So Answers,
Sheriff's Costs
Docketing 30.00
Poundage 1.95
Law Library .50
Prothonotary 2.00
Mileage 4.50
Levy 15.00
Surcharge 30.00
Share of bills 15.43
? 4w?1o9 ?-
99.38
\u
So Answers;
R. Thomas Kline, Sheriff
{
By --
Real Es e Coordinator
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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4 CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
V.
CIVIL DIVISION
ARTHUR D. THOMPSON
DORIS M. THOMPSON NO. 08-2028 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129.1
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSFB HEAT 2006-4, Plaintiff in the
above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property located at
,2800 SPRING ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
2800 SPRING ROAD
CARLISLE, PA 17013
2800 SPRING ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
BRIAN J. BLEASDALE, ESQUIRE
2800 SPRING ROAD
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
931 CHISLETT STREET
PITTSBURGH, PA 15206
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
February 24, 2009 2)kK1
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
A ,
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSFB HEAT 2006-4
Plaintiff,
V.
CUMBERLAND COUNTY
No. 08-2028 CIVIL TERM
ARTHUR D. THOMPSON
DORIS M. THOMPSON
Defendant(s).
February 24, 2009
TO: ARTHUR D. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
DORIS M. THOMPSON
2800 SPRING ROAD
CARLISLE, PA 17013
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
Your house (real estate) at, 2800 SPRING ROAD, CARLISLE, PA 17011 is scheduled to be
sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $202,949.57 obtained by US
BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSFB HEAT 2006-4 (the mortgagee)
against you. In the event the sale is continued, an announcement will be made at said sale in compliance
with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
r
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
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 (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 the 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 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home 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.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN lot, parcel, or piece of ground with improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a P.K. nail in Carlisle Springs Road, PA Route 34, at the southern line of Lot No.
61, Section 6; thence along said road South Twelve (12) degrees Thirty-Two (32) minutes Thirty
(30) seconds West One Hundred Fifteen and Zero Hundredths (115.00) feet to a P.K. nail at a corner
of Lot No. 63, Section 6, Kingsbrook; thence along Lot No. 63 North Seventy-Seven (77) degrees
Twenty-Seven (27) minutes Thirty (30) seconds West One Hundred Ninety and Zero Hundredths
(190.00) feet to an iron pin; thence along Lot No. 64, Section 6, North Twelve (12) degrees Thirty-
Two (32) minutes Thirty (30) seconds East One Hundred Fifteen and Zero Hundredths (115.00) feet
to an iron pin on the southern side of Lot No. 61, Section 6; thence along Lot No. 61, Section 6
South Seventy-Seven (77) degrees Twenty-Seven (27) minutes Thirty (30) seconds East One
Hundred Ninety and Zero Hundredths (190.00) feet to a P.K. nail, the point and place of
BEGINNING.
BEING THE SAME PREMISES VESTED IN Arthur D. Thompson and Doris M. Thompson,
husband and wife, by Deed from Arthur D. Thompson, husband, dated 05/24/2002, recorded
05/30/2002, in Deed Book 251, page 4577.
PREMISES BEING: 2800 SPRING ROAD, CARLISLE, PA 17013
PARCEL NO. 29-14-0868-165
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2028 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for
CSFB HEAT 2006-4, Plaintiff (s)
From ARTHUR D. THOMPSON and DORIS M. THOMPSON
(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 $202,949.57
L.L. $.50
Interest from 12/04/08 - 6/10/09 (per diem - $35.29) -- $6,669.81 and Costs
Atty's Comm %
Atty Paid $197.00
Plaintiff Paid
Date: 2/25/09
(Seal)
REQUESTING PARTY:
Name:
Due Prothy $2.00
Other Costs
-le Curtis R. L g, Prothono
By:
Address: PHELAN HALLINAN & SCHMIEG
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Deputy
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale # 79
On February 27, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as 2800 Spring Road, Carlisle,
More fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 27, 2009
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