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GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866)413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS Mortgagors and Record Owners 9 Hill Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THE UNITED STATES OF AMERICA Defendants Term No. 08 - 574a CWWrexm Ac-nQN: " ?,?? 0SURE???AQE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit.HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httu://www nhfa org/consumers/homeowners/real asnx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention6Dgoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71106FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is NATIONAL CITY MORTGAGE COMPANY, 3232 New Mark Drive, Miamisburg, OH 45342. 2. The names and addresses of the Defendants are STEVEN R. DAVIS, 9 Hill Road, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On March 15, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to FIRST OF AMERICA MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1943, Page 2353. The mortgage has been assigned to: NATIONAL CITY MORTGAGE COMPANY by assignment of Mortgage July 20, 2006 as book 728, Page 4593. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................. ..............$358,962.29 Interest from 07/01/2007 through 09/30/2008 at 6.7500% .....................$30,402.03 Per Diem interest rate at $66.38 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$17,948.11 Late Charges from 08/01/2007 to 09/30/2008 ..........................................$1,413.43 Monthly late charge amount at $100.96 Costs of suit and Title Search ............ .......................................................... $900.00 Monthly Escrow amount $396.14 $409,625.86 8. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) Defendants in this Action but reserves its right to bring a separate Action to estalish that right, gif such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10. Notice of intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit ` C' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $409,625.86, together with interest at the rate of $66.38, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Laura Cauper , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:-- Seytember 17, 2008 er- - Laura Cauper, Authorized Signer NATIONAL CITY MORTGAGE CO 0004562350 STEVEN R. DAVIS E..x.hibit A Aug 18 2008 8:46HM HP LRSERJET 3330 Exhibit A P. 21 ALL those Corbin ewe traeb of bad with the Impr to thereon eraeetad, aituab IN tie Towuship of West Pounsiore, County of Cumberland and State of Penns ylvanby bounded and described as hdows: TRACT NO. L: BEGINNING at a paint L a townebip road at bud now or fon is of IB. Me11i thetsa by acid Mull had, North 21 1elpm 25 nbutm Waal, 117 Beet to a pout; thence by hwd mow or hwnm iy of Burl Trot, North 23 dogre" Wait, 225 fleet to a point; dwaaa by laud now or formerly of O.A. Kitseaaigw, North 82 dgp*u 50 sheae0ea Bad, 137 least to a pouut; tbance eondsming a leag iho sad " IUNmMw lard, Sound If % degrees Eaet, I" heat to a pat; thelm'teathiminS abas the Bald O.A. Ktbamftr land, South 9 degrees 20 mianlea led, 147.2 feet to a pia at ache of a road; tieesae by read South 87 degrew 55 aaatoabm West,104.S feet to the place of BZGIMMNG. TRACT NO. 2t BEGNMING at an iena pia on Boa1h aide of Tawmahip Band 635 and Lot No. S; thence Wool Lot No. 5, Son& If dognes 06 minuaw East, 207.41 lint to an ken pin; theme aleaag the abav 401151 Tract 1, South S3 degrees 09 whim a Weak 137.N feet to a pest; Hanna dmg the km& now or hnaerq? at Earl Trl% Norge 22 degrow 23 sinda 40 aoanda Wask IQL24 feet to a spOw tauten aloes do Townaiip •11md 635, North 67 detreft 58 salnntee 31 weemb Eaet, I74AD feet to the plate of UGIIWMQ BEING Lot No. 4 Is the Plane of Lee Lid ant by Theism Alvin Nslt, R.& dated Septendw 18, 1974, and recorded Is Place Book 26, Pale 56. SKI943PG2369 18x2008 10:88:18 AM CUMBERLAND COUNTY - insL# 200808474 - Page 17 of 20 EXhibit B $N D$0004562350D R67206-04-08 June 04, 2008 Steven R Davis 9 Hill Rd Carlisle PA 17013 Certified Mail/Return Receipt Requested Loan No. 0004562350 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 9 Hill Rd Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 08/01/2007 - 6/1/2008 and the following amount(s) are now past due: Monthly Payments 26,634.69 Corporate Fees 1,050.00 Other Fees 81.00 Less Suspense Balance .00- Total Due 27,765.69 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 27,765.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 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). This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure (F) DR672 040 LEW @ND@ 41 -04 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 defaul 1s provided in the attached pages. t This Notice contains important legal information. If you have an representatives at the Consumer Credit Counseling Agency may be able o to help explain IL 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 SOMA IMPORTANCIA, PLIES AFECTA DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL SU CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI. NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO S "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROG G47BLE FOR MNAMO%1.. RAM MORTGAGE P? IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY y MORTGAGE ASSISTANCE ACT OF 1983 FOR EMERGENCY MORTGAGE ASSISTANCE• "ACT"), YOU MAY BE ELIGIBLE • 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 tempo- rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. 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 MEET- ING MUST OCC ?Q w?TUIN THE NRVT j4n1 nA%f^ S?ONSUMER rR?n? COUNSE ING GENCIFS - If you meet with one of the con- sumer 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. ThM addresses and telephone numherc nf only necessary to schedule one face-to-face meeting. Advise your lender immediacy is of your intentions. APPLICATION FOR MnRTC+er+e wMs ?A ?.. t - Your mortgage reasons set forth later in this Notice (see following is in default for the the nature of your default). If you have tried and are u ableto essolve'ths problemwiwith 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 Your application MUST be filed or postmarked within thirty Housing Finance face-to-face meeting. rt (30) days of your YOU WOLFILE 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. AQENCY 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. 3 i ' 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.) IF YOU__ D NOT CURE THE DEFAULT(see____oa - 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 a debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaae urn, IF THE MORTGA E IS FORECLOSED UPON - The mortgaged Sheriff to pay off the mortgage debt. If the lender refers yor case to its attorneys, butby you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable aftomeys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure th d f I within the THIRTY 30 DAY clod ou will not be required to Ray attorney's S. 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 am .,yes..4.44 - - writing by the lender and o i w 9 n othu r Iu I uiU111 sa rements under as b Y rt mo :- ing your default in the manner set forth in this notice will restore our mo ' Cur- the same position as if you had never defaulted. y rtgage to EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approxi- mately FOUR(4) 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: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8664 . Fax Number: (937) 910-4057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not be able to 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. For additional informa- tion please contact the Collection Dept. 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 PAYOFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT 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 DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS. 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 IC PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES AD Hanover Chapter 529 Carlisle Skeet Hanover. Pennsylvania 17331 (717) 637-3768 FAX (717) 637-3294 CCCS of Western PA 2000 Lirglestown Road HaffisiMmi PA 17102 (717) W-11757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17288 (717) 782-3285 ??? County Housing Authority Cadge St PA 17325 (71 334-1518 FAX (717) 334-8326 ALtllam Y COUNTYrg Penny van a oua Finance Agency (Marla Hess) 2275 Swallow HIN road, BWg 200 Pittsbt?ryh PA 15220 {412)4 9.2842 FAX (412) 429-2835 Credit Cournselore of PA 401 Wood Street, suite 90B Pittsburgh, PA 15222 (412) 3384)954 or 1(800) 737-2933 FAX (412) 338-9963 Action Housing, Inc. 425 ft Avenue, Suite 950 Pittsburgh, PA 15219 (412) 391-1956 or (412)281-2102 or 1 (500) 792-2001 FAX (412}391-4512 Community 22 Action Southwest WW High Waynesburg. PA 15370 (724) 852-2893 CCCS of Westem Pennsylvania, Inc. 309 Smithfield Street Pittsburgh, PA 15222 (412) 471-7584 Housing Opportuntles 133 Seventlr Street (412 6 gPA 15132 ax (412) 684-0873 Urban Le gg? Of Pittsburgh Bldg. ForTual Opportunity One SmlthtieW St. Pittss)bu 27 PA 5222-2222 FAX (412) 261-5207 Mon-Valley Unemployed Committee 120 E. 91h Avenue Homestead, PA 15120 (412) 462-9%2 ww w vvestem Pennsylvania, Inc. 217 E. Plank Road Altoona PA 16602 (814) 944-8100 or (814) 944-5747 Indiana Co. Community Action Program 827 Water Street, Box 187 Indiana PA 15701 (724) 465-2857 FAX (724) 485-5118 Credit Counselors of PA 401 Wood tr 152u? 906 (412)9954 or 1(800) 737-2933 FAX (412) 338-9963 COUNTY 425 6th Avenue, l Suite 950 (41P 2sb 91.195815219 FAX (412) 391-4512 CCCS of Western Pennsylvania, Inc. 971 Third Street Beaver, PA 15009 (724) 774-0798 Housing Opportunities of Beaver County, Inc. 85orp nt on t. Suite 207 Beaver. 15009 (724) 728-7511 Mon Valley Unemployed Committee 120 E. 91h Avenue Flomestesd, PA 15120 (412) 462-9962 (412) 482-9964 Housing Opportunities Inc. 133 Seventh Street P.O. Box 9 McKeesport PA 15134 Credit Counselors of PA 401 Wood Street, Suite 906 Pittsburgh, PA 15222 (412) 338-9954 or 1(800) 737-2933 AX (412) 3384863 FORD 10241 Lincoln H CO TYam) Services Everett, PA 15537 (814) 623-9129 AX (814) 623-7187 CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona PA 16802 FAX (88944-5747 Keystone Econondc Development Corporation 1964 Mary Grace Lane Johnstown, PA 15901 (814) 535.6556 FAX (814) 539.1688 Tableland Services, Inc. 535 East Main Street Somerset PA 15501 (814) 445-9628 or 1-800-452-0148 FAX (814) 443-3690 Weatherization office 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 AX CCCS Of Lehigh Valley B COUNTY 247 North FiftheStreetenter ? Reading? PA 19601 FAX (610) 375-7830 3671 Crescent Court East Whitehalt PA 18052 (610) 821-4011 or WO-220-2733 FAX )(610 821-8932 u Opportunity Cabinet of 225 N. Centre Slroet Pottsville, PA 17901 (717) 622-1995 FAX (717) 622-0429 Community Housing Counselor, Inc P.O. Box 244 Kennett Square, PA 19348 FBAX)(0 2 0) 444-8243 SWR - u on ousing Services R.D.01, Box 384 Everett, PA 15537 (814) 623-9129 FAX (814) 623-7187 Keystone Economic Development C 19b/ Mary Grace Lane Johnstown PA 15901 (814) 535-8556 AX F(814) 539-1688 CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona PA 16602 (814) 944-8100 or (814) 944-5747 Weatharization office 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 RD COUNTY Pennsylvania 1400 Abington Exem" Park, Suite 1 Clarice SUm mitt, PA 18411 (570) 587-9183 OR 1-800.922-9537 FAX (570) 587-9134/9135 31 W. Market St. Wilkes-Barn, PA 18702 (570) 821-0837 or 600-922-9537 FAX (570) 821-1785 9 South 7th Street" 570980 or 800-922-9537 FAX (570) 420-8981 1631 S Atherton St, Suite 100 State 14) 238 36385?8PA 18801 (8 FAX (814) 2383669 The Tmhab Center of N"ihoastem PA 10 Public Avenue Montrose, PA 18801 (570) 278-3338 or 800-982-4045 FAX (570) 278-1889 186 Elmira Street P.O. Box 218 Troy, PA 16947 (570) 297-2101 German Street, P.O. Box 389 Dushore, PA 18614 (570) 928-9668 FAX (570) 928-8144 103 Warren Street, P.O. Box 709 Tunkhannock PA 18657 (570) 836-6840 FAX (570) 836-6332 (Rev. &%) 33 Walnut Street Weitsboro, PA 16901 FAX )(57j0) 24-5783 931 Main Street Honesdale PA 18431 (570) 253-8941 FAX (570) 253-4817 BUCKS CO corn 846 North Broad Street lion Philadelphia, PA 19130 (215) 785-1221 FAX (215) 765-1427 Northwest Counseling Service 5001 North Broad Street Philadelphia , PA 19141 (215) 324-7500 FAX (215) 324-8753 Bucks County Housing Group, Inc. 140 East Richardson Avenue Langhorne, PA 19047 FAX)(2 5) 750-4318 CCCS of Delaware Valley 1515 Market Street - Suite 1325 Philadelphia PA 19107 (215) 583-5865 FAX (215) 884-2686 RACE 167 Allegheny Ave 2nd Fl. Philadelphia, PA 19140 (215) 426-8025 FAX (215) 426-9122 CCCS of Delaware Valley Trevose Coryorate Center 4606 Street Road Trevose PA 19047 (215) 563-5665 Community Dever. Corp of Frankford 4620 Griscom Street Philadelphia, PA 19124 (215) 744-2990 AX (215) 744-2012 CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (810) 821-4011 OR 800-220-2733 FAX (610) 821-8932 American Credit Counseling institute 845 Costa SL Coatesville PA 19320 (888) 212-6741 144 E Dekalb Pike King of Prussia PA 19406 610-971-2210 FAX (610) 265-4814 755 York Rd, Suite 103 Wamlinster PA 18974 FAX 215) 956-6344 B F-R000NTY Action Housing, 425 6th Aver Suite 950 Pittsburgh, PA 15219 (412) 391-1956 or (412) 281-2102 FAX (412) 391-4512 CCCS of Western PA YMCA Building 339 North Washington Street Butler, PA 16001 (724) 282-7812 Housing Opportunities, Inc. 650 Corporate St., Suite 207 CCCS of Lehigh Valley 3671 Cresent Court Ea t McKeesport, PA 15132 (412) 864-1590 s Whitehall PA 18052 FAX (412) 664-0873 610-821-4011 or 800.220-2733 570 & 814 only for 800* Mon-Valley Unemployed Committee FAX (610) 821-0137 120 E. 9th Avenue Homestead PA 15120 CCCS of Northeastern Pennsylvania , (412) 462-9982 FAX (412) 462-9964 1400 Abington Executive Park, Suite 1 Clarks Summitt PA 18411 , (570) 587-9163 OR 1-800.922-9537 Housing Opportunities Inc. FAX (570) 587-9134/9135 133 Seventh Street P.O. Box 9 31 W. Market St. (41288 ? 1 ? 15134 Wilkes-Barre, PA 18702 (570) 821-0837 or 800-922-9537 FAX (412) 664-0873 FAX (570) 821-1785 Credit Counselors of PA 401 Wood Street Suite 906 ter 9 South 7th Street Stroudsburg PA 18360 , Pittsburgh, 15222 (570) 420-8980 or 800-922-9537 FAX (570) 420-8981 (412) 338-9954 or 1(800) 737-2933 FAX (412) 338-9963 1631 S Atherton St, Suite 100 CAMS COUNTY T ffi Stale College, PA 16601 B ) 8 aearord u n Fusing Services R.D./'I, Box 384 AX (B 4) 238 3669 F Everett, PA (814) 623-9129 15537 Commisslon on Economics Opportunity FAX FAX (814) 623-7187 of Luzeme County 163 Amber Lane CCCS of Western PA 217 E. Plank Road Wilkes-Barre, PA 18702 (570) 82"10 OR 1800-822-0358 Altoona PA 16602 FAX (570) 829-1665-CALL BEFORE FAXING (814) 944-8100 FAX (814) 944-5747 455-49 HAZELTON F ) 5 AX (5 0 ) 5 5631-CALL BEFORE Indians County Comm Program unity Action FAXING (570) 836-4090 TUNKHANNOCK 827 Water Street, Box 187 Indiana, PA 15701 CENTRE COUNTY o s P 485 FAX 2657 FAX (412) 485-5118 , em ennsylvania, Inc. 217 E. Plank Road Altoona, PA 16602 Keystone Econ Development Corp. FAX)(8144-8100 45747 Grace Lane o Johnst wn PA (814) 535-9559 Lycoming Cdnton Co Comm For FAX (814) 539-1888 Community Action (STEP CCCS of Western PA 2138 Lincoln Street P.O Box 1328 219-A C park Johnstown PA 15904 plaza . Williamsport. PA 17703 (814) 539-8335 ebthl ld Services Inc (570) 326-0587 FAX (570) 322-2197 . , 535 East main Street Somerset PA 15501 CCCS of Northeastern PA 1831 S. Atherton St Suite 100 (814) 445-9628 or 1-800-452-0148 , State College PA 16801 FAX (814) 443-3690 (814) 238-3668 FAX (814) 238-3669 CA ME Fd ?l Ci _ j ? anrin or sm i r unlty Action Corp. P.O. Box 389 CCCS of t't°rtheastem PA 201 Basin Street 135 West 4th Street Williamsport, PA 17703 Emporium, PA 15834 (570) 326-0587 (814) 486-1161 FAX (570) 322-2197 FAX (814) 486.0825 CHESTERcOUNTY CCCS of Wester PA 848 North Broad Street trop 217 E. Plink Road Altoona PA 16602 Philadelphia, PA 19130 (814) 944-8100 (215) 765-1221 FAX (215) 765-1427 FAX (814) 944-5747 CCCS of VYesten PA Northwest Counseling Services 5MI N street Broad 217 E. Plank Road Altoona, PA 16602 . Plphia, PA 19141 Philadelphia, (215) 324-7500 (814) 944-8100 FAX (814) 944-5747 FAX (215) 324-8753 ??R.,,?r,,,,,_- l Budget center ?v,R s?r 225 N. Centre Street u n lY 247 North Fft Street North Street Reading, A 1 19601 Pottsville, PA 17901 (570) 622-1995 (610) 375-7866 FAX (610) 375-7830 FAX (570) 622-0429 CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 FAX (215) 563-7020 HACE 167 W. Allegheny Ave 2nd Ff CCCS of Northeastern PA , , . Philadelphia, PA 19140 1631 S Atherton St., Suite 100 State College PA 16801 (215) 428-8 025 FAX (215) 426-9122 , (814) 238-3888 Community Housing Counseling Inc FAX (814) 238-3669 P.O. Box 244 Kennett Square PA 19348 CCCS of Western PA . 219-A Cm%p park plaza Johnstown pA 15904 FAX (610) 444 8243 (814) 539-6335 Media Fellowship House 302 S. Jackson Street CI J COUNIIY Media, S- 89063 585 0848 YCOrr? n8 on Counties Comrrtiesion For Community Action FAX FAX (610) 585-8567 (STEP) 208 Uncokn Street Phila Council For Community Adv 100 North 17th Street Suite 600 P.O. Box 1328 Williamsport, PA 17703 , Philadelphia, PA 19103 (215) 587-7803 (570) 328 FAX (570) 322-2197 FAX (215) 963-9941 CCCS of Northeastern PA Tabor Community Services, Inc. 439 E. King Street 1631 S Slat Atherton St., Suite 100 PA 16801 Lancaster, PA 17802 (717) 397-5182 OR 1-800-788-5062 (814) 238-3888 FAX (814) 238 3689 FAX (717) 17) 399-4127 FAX ( CCCS of Northestern PA 201 Basin Street Community Devel. Corp of Frankfbrd (a te' PA 17703 S ) 2 Group Ministry 4620 Griscom Street 36626 (5,0 AX F Philadelphia, PA 19124 (215) 744-2990 COL MBIA C ,LINTY FAX (215) 744-2012 GCCS 0 o sas rn Pennsylvania 31 W. Market Street American Red Cross of Chester 1728 Edgemont Avenue P.O. Box 1127 Wilkes-Barre, PA 18702 Chester, PA 19013 (50) 821-0837 OR 1-800-922-9537 FAX (570) 821-1785 (610) 874-1484 CCCS of Delaware Valley 1400 Abi glon Executive Park, Sute1 Clarks Summitt PA 18411 Marshall Building 790 E. Market St., Suite 215 , FAX)( 0) 587-9134/91352 9537 West Chester, PA 19382 (215) 563.5665 Convrbsion on Economics Opportunity American Credit Counseling Institute of Luzeme County 163 Amber Lane 845 Coates St. Coatesville PA 19320 88 Wilkes-Barre, PA 18702 (570) 828-0510 OR 1-800-822-0359 ( 8) 212-0741 144 E. Dekalb Pike FAX (570) 829-1865-BALL BEFORE FAXING King of Prussia, PA 19408 (610) 971-2210 22 FAX)(570) 455.5631 -CALL BEFORE FAX 265.4814 FAXING (570) 836-4090 TUNKHANNOCK 755 York Rd, Suite 103 Warminster PA 18974 4 N OCR (215) 444-9429 FAX (215) 956-6344 o Center 1720 Holland SUeetn Erie, PA 18503 CLARION COUNTY o s m -P (814) 453-5744 FAX (814) 453-5749 ennsytvaMa, Inc. YMCA Building 339 North Washington Street Greater Erie Community Action Committee Butler, PA 16001 (412) 282-7812 18 West 9th Street Erie, PA 16501 CLEARFiF,L000UM Keystone conOMIC D l FBAX)(814) 4556-0161 eve opment Corporation 1954 Mary Grace lane John F. Kennedy Center, Inc, Johnstown, PA 15901 2021 East Street Erie Ea A 16510 165 (814) 535-6556 FAX (814) 539-1688 , , 00 FAX (814) 898-1243 Indiana Co. Community Action Program Shenango Valley Urban League, Inc. 827 Water Street, Box 187 601 Indiana Avenue Farrel PA 16121 Indiana, PA 15701 (724) 46572657 , (412) 981-5310 FAX (412) 465-5118 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 217 E. Plank Road 2000 Lingiestown Road ylvania, Inc. Altoona PA 16602 Harrisburg, (717) 541-1757 (814) 944-8100 FAX (814) 944-5747 FAX (717) 5414670 Finandal,Counsefing Services of franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urbn eague of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 FAX )(717) 234-9459 YWCA of Carlisle 301 G Street Cartlate, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg. 17104 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Getty", PA 17325 (717) 334-1518 FAX (717) 334-8326 DAUPHIN COUNTY Of estern Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 2349459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg PA 17104 717) 232-9757 AX (717) 2342227 MARE COUNTY Acorn mom 846 North Br ad Street Philadelphia, PA 19130 (215) 765-1221 FAX (215) 765-1427 Northwest Counseling Service 6001 North Broad Street Philadelphia, PA 19141 (215) 3247500 FAX (215) 324-8753 CCCS of Delaware Valley 1515 Market Street-Sute 1325 Philadelphia, PA 19107 (215) 563-5865 FAX (215) 884-2666 HACE 167 W. Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 428-8025 FAX (215) 426-9122 Media Fellowship House 302 S. Jackson Street Media, PA 19083 (610).565.0846 FAX (810) 585-8587 Community Housing Counselor, Inc. P.O. Box 244 Kennett Square PA 19348 (610) 4443682 FAX (610) 444-8243 Philadelphia Council For Community Adv 100 North 1711h Street Suite 600 Philadelphia, PA 19103 (215) 667-7803 FAX (215) 963-9941 Community Devel Corp of Frankford Group Ministry 4620 Giiscom Street Philadelphia, PA 19124 (215) 744-2990 FAX (215) 744.2012 American Red Cross of Chester 1729 Edgmont Avenue Chester, PA 19013 (610) 874-1484 CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 663-6665 ACCI 175 Strafford Ave, Suite 1 Wayne PA 19087 (610) 971-2210 FAX (610) 687-7860 ACCT 144 E. Dekalb Pike King of Prussia, PA 19406 (610) 971-2210 RURMLY Center, Inc. st 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Northern Tier Community Action Corp P.O. Box 389 135 West 4th Street Emporium, PA 15834 (814) 486-1161 FAX (814) 486-0825 ERIE COUNTY oo er . ashington Center 1720 Holland Street Erie, PA 16503 FB ) 453-5744 AX (814) 453-5749 Greater Erie Community Action Committee 18 West 9ttu Street Erie, PA 16501 (814) 459-4581 FAX (814) 45&0161 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 89040400 FAX (814) 89&1243 FAYETTE COUNTY Action o ng Inc. 425 8th Avenue, Suite 950 Phtsburgft, PA 15219 (412) 391-1956 or (412) 281-2102 FAX (412) 391-4512 Community Action Southwest 22 West High Waynesburg, PAtr 15370 (724) 852-2893 CCCS of Western Pennsylvania, Inc. 1 North Gate Square *2 Garden Center Drive Greensburg, PA 15601 (724) 838-1290 Fayette Co. Community Action Agency, Inc. 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 OR 1-800-427-INFO FAX (412) 437-4418 Tableland Services Inc. 131 North Center Avenue Somerset, PA 15501 (814) 445-9628 AX (814) 443.3690 CCCS Of Western PA 199 Edison Street Uniontown PA 15401 (724) 439-8939 Mon-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 462-9962 FOREST COUNTY rren orr unties Economic Opportunity Council 204 Liberty Street Post Office Box 547 Warren, PA 16385 (814) 726-2400 FAX (814) 723-0510 FRANKLIN C TY men a Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 CCCS of Western Pennsylvania, Inc 912 South George Street York, PA 17403 (717) 846-4176 . American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757- FAX (717) 234-2227 Urban League of Metropolitan Hbg 2107 N. 6th Street Habsburg, PA 17101 (717) 2345925 FAX (717) 234-9459 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 3341518 FAX (717) 3348326 FULTON Seed orf-F- u on sing Services R.D.*1, Box 384 Everett, PA 15537 (814) 623-9129 FAX (814) 623-7187 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 CCCS of Western Pennsylvania, Inc. 912 South George Street York, PA 17403 (717) 846-4176 Weatherization Office 917 Mifflin Street Huntingdon, PA 16652 (814) 843-2343 GREENE COUNTY 425 8th Avenue, Suite 950 Pittsburgh, PA 15219 F4AX)(412)1391-451(2412) 281-2102 Mon-Valley Unemployed Committee 120-E. 91h Ave" Homestead, PA 15120 (412) 482-9982 FAX (412) 462-9964 22 West gh ?iS n Southwest Waynesburg, PA 15370 (724) 862-2893 FAX (412) 627-7713 CCCS of Western Pennsylvania, Inc 1 North Gate Square 02 Garden Center Drive Greensburg, PA 16601 (724) 838-1290 HUNTtNODON COUW1'If on oar g Services RD 1, Box 384 Everett, PA 15537 (814) 623-9129 FAX (814) 623-7187 CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona, PA 16602 (814) 944-8100 FAX (814) 944-5747 Weatherization Office 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 INDIANA C LINTY CCCS o s em Pennsylvania, Inc. 1 North Gate Square *2 Garden Center Drive Greensburg, PA 15601 (724) 838-1290 Indiana Co. Community Action Program 827 Water Street, Box 187 Indiana, PA 15701 (724) 485-2657 FAX (412) 465-5118 Keystone Economic Development Corporation 1964 Mary Grace Lane Johnstown, PA 15901 (814) 535-6558 FAX (814) 539-1688 CCCS of Western PA 219-A College Park Plaza Johnstown PA 15904 (814) 539-6335 JEFFERSON COUNTY .ruin P. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. YMCA Building 339 North Washington Street Buller, PA 18001 (724) 282-7812 Indiana County Community Action Program 827 Water Street, Box 187 Indiana, PA 15701 (724) 465-2657 FAX (412) 465-5118 JUNIATA LINTY CCCS o sternPerrlsylvania, Inc. 217 E. Plank Road Altoona PA 16602 (814) 944-8100 AX (814) 944-5747 Weatherization Office 917 MNtNn Street Huntingdon, PA 16652 (814) 643-2343 LACKAWANNACOUNTY astem Pennsylvania 31 W. Market Street P.O. Box 1127 Wiles-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821-1785 1400 Abhglon Exeaubve Park, Suite Clarks Sumrniit, PA 18411 (570) 587-9163 or 800-955-9537 FAX (570) 587-9134/9135 CAS h Y Community Cususng ounselors, Incorporated P.O. Box 244 Kennett Square, PA 19348 (215) 444-3682 FAX (215) 444-3178 CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (215) 821-4011 1-800-220-2733 (717) 8 (814) ONLY FAX (215) 821-8932 CCCS of Western Pennsylvania, Inc. 912 South George Street York, PA 17403 (717) 846-4176 Tabor Community Services, Inc. 439 E. King Street Lancaster, PA 17602 (717) 397-5182 OR 1-800-788-5062 FAX (717) 399-4127 LAW NCECOUNTY ?m )sennsylvania 1st Federal Plaza-Suite 406 North MIN Street New Castle, PA 16101 (724) 652-8074 312 Chestnut Street, Suite 227 Meadville PA 16335 (814) 333-8570 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 Housing Opportunities of Beaver 650 Corporation St., Suite 207 Beaver, PA 15009 (724) 728-7202 FAX (412) 728-7202 LEBAt40N COUNTY conom c pportunity Cabinet of Schuylkill County 225 North Centre Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622-0429 Tabor Community Services, Inc 439 E. King Street Lancaster, PA 17602 (717) 397-5182 OR 1-800.788-5062 FAX (717) 399-4127 LEHIGH COUNTY CCM1CVrt aflay Whitehall, PA 18052 (610 821-4011 OR 14MO-220-2733 (570) b (814) ONLY FAX (610) 821-8932 Econoric Opport Cabinet of Schuylkill Co 225 North Centre Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622-0429 LUZME COUNTY CCCSW-NRffWe-sTem Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite 1 Clarks Surnndtt, PA 18411 (570) 587-8163 or 800-922-9537 FAX (570) 587-913419135 Comm. on Econ Opportunity of Luzern County 163 Amber Lane Wilkes-Barre, Pennsylvania 18702 (570) 826-0510 OR 1-800-822-0359 FAX (570) 829-1665--CALL BEFORE FAXING (570) 455.4994 HAZELTON FAX (570) 455-5631-CALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK EOC of Schuylkill County 225 North Centre Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622-0429 YOoNGCOUNTY oastern Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821.1785 1400 Abington Executive Park Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 or 800-922-9537 FAX (670) 587-9134/9135 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323.6626 Lycoming-Clinton Counties Commission For Community (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Western Pennsylvania. YMCA Building 339 North Wssl*19W Street Butler, PA 18001 (724) 282-7812 Inc. Media Fellowship House 302 S. Jackson Street Media, PA 19063 (610) 586.0846 MIFFLIN COUNTY 217 E. Plank Road Pennsylvania, Inc. A"00na PA 16602 (814) 944-8100 FAX (814) 944.5747 Weatherizalion Office 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 CCCS of Northeastern PA 1631 S Atherton St Suite 100 State College PA 16801 FAX AX 238--3669 MONROE COt1NTY C-CCS ofNorieaslarn Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821-0637 OR 1-800-922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite 1 Clarks Summitl PA 18411 (570) 587-9163 or 800.922-9537 FAX (570) 587-9134/9135 9 South 71h Street Stroudsburg PA 18360 (570) 420.8980 or 800-922-9537 FAX (570) 420-8981 Comm on Econ Opp of Luzeme County 163 Amber Lane W91tes-Barre, PA 18702 (570) 826-0510 OR 1-800-822-0359 FAX (570) 829-1665-CALL BEFORE FAXING FAX )(570j 5994 5- RAZE-CALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK TGOMERY C UN corth ous rg 848 North Broad Street Philadelphia, PA 19130 (215) 765-1221 FAX (215) 765-1427 Northwest Counseling Service 5001 N. Broad Sheet Philadelphia, PA 19141 (215) 324-7600 Action FAX (215) 324-8753 CEAN COUNTY Jon ennedy enter, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Northam Tier Community Action Corp P.O. Box 389 135 W. 4th Street Emporium, PA 15834 (814) 486-1161 FAX (814) 486-0825 MERCER COUNTY henango a ey rban League, inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 CCCS of Delaware Valley Norristown Business Center 190 W. Germantown Pike, Suite 140 Norristown PA 19401 (215) 563-5665 Community Action Development Comm 701 DeKelb Street Norristown, PA 19401 (610) 277-6363 FAX (610) 277-2123 CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 (215) 563-5665 FAX (215) 864-2666 Community Housing Counselors Inc P.O. Box 244 Kennett Square, PA 19348 (215) 444-3682 FAX (215) 444-8243 Phila Council For Community AdvmrA 100 North 17th Street, Suite 600 Philadelphia, PA 19103 (215) 567-7803 FAX (215) 963-9941 American Credit Counseling Institute 845 Coates St. Coatesville, PA 19320 (888) 212-6741 144 E. Dekolb Pike IGng of Prussia PA 19406 (810) 971-2210 FAX (610) 265.4814 755 York Rd., Suite 103 Warminster PA 18974 (215) 444-9429 FAX (215) 958-8344 C CS-a Ro as em Pennsylvania 31 W. Market Street P.O. Box 1.127 1Ntfkes-86rre, PA 18702 (F?)(8211)-08'710 51-800-922-9537 1400 Abington Executive Park, Suite 1 Clarks Slrnmrd, PA 18411 (570) 587-9163 or 800-922-9537 FAX (570) 587-9134/9135 NORTHAMP I'O COUNTY C`CCa o e h a ey 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 OR 1-800-220.2733 (717) 3 (814) ONLY FAX (610) 821-8932 NORT__gE A D C ?.` teas em enns aria 31 W. Market Street P.O. Box 1127 WNtes-Barm, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite 1 Clarks Summitt, PA 18411 (570) 587-9163 or 800.922-9537 FAX (570 587-9134/9135 201 Basin Street (W67NIOhr) SPOft, 27 17703 FAX (570) 323.6626 Economic Opportunity Cabinet of Schuylkill County 225 North Centre Street Pottsville, PA 17901 FAX)(5 0) 622-0429 PERRY COUNTY UQUS Of s m Pennsylvania, Inc. 2000 Lirglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 2107 N.6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Was ation Office 917=n Street Huntingdon, PA 16652 (814) 643-2343 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 Community Action Commission of The Capital Region 1514 Derry Street Harrisburg PA 17104 F7AX (717) 234-2227 ore LAC tM rwuuv th Broad Or S Street 848 Nor Philadelphia, PA 19130 (215) 765-1221 FAX (215) 765-1427 Northwest Counseling Service 5001 N Broad Street Philadelphia PA 19141 (215) 324-7500 FAX (215) 324-8753 CCCS of Delaware Valley 1515 Market Street, Suite 1325 Philadelphia, PA 19107 F2)5 5) $64-2666) FAX (2 CCCS of Delaware valley NYC H lYN0800m'le 215 (215) 563.5665 RACE 167 W. Allegheny, 2nd FI Philadelphia, PA 19140 (215) 4264025 FAX (215) 426-9122 Housing Association of Delaware Valley 1500 Walnut Street, Suite 601 Philadelphia, PA 19102 (215) 545-6010 FAX (215) 790-9132 Madia Fellowship House 302 S. Jackson Street Media PA 19063 FAX)(65) 565-8567 Housing Association or Delaware Valley 658 North Watt Street Philadelphia, PA 19123 (2'15) 978-0224 FAX (216).765-7614 PCCA 100 North 17TH StreekSufte 800 Phil )delphia.0PA 19103 507- FAX (215) 963-9941 COMM Devel. Corp of Frankford Group Ministry 4620 GrIscom Street Philadelphia PA 19124 (215).744-2990 FAX (215) 744-2012 American Credit Counseling Institute 845 Coates St Coatesville PA 19320 (888) 212-6741 144 E Dekalb Pike King of Prussia PA 19406 610-971-2210 610-971-2210 755 York Rd, Sulle 103 Warminster PA 18974 FAX(215) 956-6344 PIKE COUNTY "eastern Pennsylvania 31 W. Market Street pOB 1127 Wires-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (70) 821.1785 1400 Abington Clarks S mmitt PAeojh* Park, Suite 1 18411 (570) 587-9163 or 800-922-9537 FAX (570) 587-9134/9135 9 South 7th Street SftxW PA 18360 (570) 4980 or 800-922-9537 FAX (570) 420-8981 M UMM rra U; W"Itty Action Corp. 135 West 4th Sheet Emporium, PA 15834 (814) 48&1161 FAX (814) 486-0825 SCHUYL ILL COUNTY SvaDe tee rtg nter 247 North Fit Street Reading, PA 19601 (610) 375-7866 AX F(610) 375-7830 Eeon OppoA Cabinet of Schuylkill Co 225 N. Centre Street Pottsville, PA 17901 (570) 6224995 FAX (570) 822-0429 Commission on Econ Opptunity of Luz Co. 163 Amber Lane Wires-Barre PA 18702 (570) 826-0510 OR 1-800-822-0359 FAX (570) 829-1665- CALL BEFORE FAXING FSAX)(570) 555-561 31 E--CALL BEFORE FAXING (70 836.4090 TUNKHANNOCK CCCS of Lehigh Valley P.O. Box A Whitehall PA 18052 FAX ) (6810) 821-8932 SNYDER C U 2000 Pennsylvania. Lingl6stown Road (717176 17102 FAX (717) 541-4670 Lfrban League of Metropolitan CCCS of Western Pennsylvania, Inc. 219-A College Park Plaza Johnstown PA 15904 (814) 539-6335 Tableland Services Inc. 535 East Main Street Somerset PA 15501 (814) 445-9628 - 1-800-452-0148 FAX (814) 443-3690 SUL VA COUNTY o em Pennsylvania 1400 Abigton Executive Park, Suite 1 Clarks Summitk PA 18411 (570) 587-9183 OR 1-800-922-9537 FAX (570) 587.9134/9135 31 W. Market St. Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 821-1785 The Trehab Carter of Nortteastem PA 185 Elmira Street, P.O. Box 218 Troy, PA 16947 (570) 297-2101 FAX (570) 297-2799 German Street, P.O. Box 389 FAX(570)297-2799 FAX )(570) 928-8144 17 Crafton Street Wellsboro, PA 16901 (570) 724-5252 FAX (570) 724-5783 931 Main Street Honesdale PA 18431 FAX)(570) 253-4817 103 Warren Street, P.O. Box 709 Tunkhannock, PA 18657 (570) 836-6840 FAX (570) 836-6332 7 Lake Avenue, Box 339 Montrose, PA 18801 (570) 278-3338 or 1-800-982-4045 FAX (570) 278.1889 SUS UEHANN C Inc 1400 Abington Executive Park,auite 1 Claft OR 11 4 587-9163 -900-922-9537 FAX (570) 587-9134/9135 2107 N. 6th Street 1710 PA 17101 (717) 641-1767 AX F(717) 234-9459 Community Acton Comm of the 1514 D" Region Harrisburg Ar17104 eet FAX (?7) -9757 234-2227 SOMERSET COUNTY - u ton ousing Services R.011, Box 384 Everett, PA 15537 (814) 623-9129 AX F(814) 623.7187 Bedford-Fulton Housing Services 1954 Mary Grace Lane Johnstown, PA 15901 FAX (814) 539-1688 CCCS of Western Pennsylvania, Inc. 1 Nora Gate Square #2 Garden Center Drive Green83812P0 15601 31 W. Market St. Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 821-1785 The Trehab Canter of Northeastern PA 185 Elmira Street, P.O. Box 218 Troy, PA 16947 (570) 297-2101 FAX (570) 297-2799 German Street, P.O. Box 389 FAX (570) 297-2799 (570) 928-9868 FAX (570) 928$144 17 Crafton Street Wausboro, PA 16901 (570) 724-5252 FAX (570) 724-5783 931 Main Street Honesdale PA 18431 (570) 253-8941 FAX (570) 253-4817 103 Warren Street, P.O. Box 709 Tutkhannock, PA 18657 (570) 836-6840 FAX (570) 836-6332 7 Lake Avenue, Box 339 Montrone, PA 18801 (570 278-3338 or 1-800-982-4045 FAX (570) 278-1889 TIOGA COUNTY 56- or eaatem Pennsylvania 1400 AbhtgMn Executive Park, Srdte 1 Clarks Summilt, PA 18411 (570) 587-9163 OR 1.800-922-9537 FAX (570) 587-9134/9135 31 W. Market St. Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 821-1785 The Trehab Center of Northeastern PA 185 Eknia Street, P.O. Box 218 Troy, PA 16947 (570) 297-2101 FAX (570) 297-2799 German Street, P.O. Box 389 FAX(570)297-2799 FAX )(570) 99288.8144 176 Grafton Street Wtisboro, PA 16901 FAX)(570) 724.5783 931 Main Street Honesdale PA 18431 253-8941 FAX )(5 0) 293-4817 103 Warren Street, P.O. Box 709 Tunkhannock, PA I W57 (570) 836.8840 FAX (570) 836-6332 7 Lake Avenue, Box 339 Montrose, PA 18801 (570) 278-3338 or 1-800.982.4045 FAX (570) 278-1889 UNION COU Lycommg- on Co Comm For Comm Action (STEP) 2138 Lincoln Street, P.O. Box 1328 Williamsport, PA 17703 (570) 328-0587 FAX (717) 322-2197 CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona PA 16602 (814) 944.8100 (814) 944-8100 CCCS of Northeastem Pennsylvania Clarks Abinglon PE W 1P1 Suite 1 (570) 587-9163 OR 14800-922-9537 FAX (570) 587-913419135 31 W. Market St. Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 821-1785 201 Basin Street Williamsport, PA 17703 FAX )(57323 0) -6627 VEMANGO Co NTY (area r e omwmxhity Action Commi tt ee 18 West 9TH Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. German Street, P.O. Box 389 WYOMIN C NTY YMCA Building 339 North Washington Street FAX (70) 297-2799 (570) 928.9668 ommon COnom cs Opportunity of Luzeme Co Butler, PA 16001 (412) 282-7812 FAX (.570) 928-8144 163 Amber Lane ARREN COUN TY 17 Crafton Street Wilkes-Barre, Pennsylvania 1- 01 (70) 820 OR 1- 2 0359 2- T. Washington Center Welsboro, PA 16901 724-5252 FAX (570) 829-1665--CALL CALL BEFORE FAXING 1720 Holland Street Erie, PA 18503 (57) 724-5783 FAX (570) (570) 455-4894 HAZELTON (814) 453-744 931 Main Street FAX (570) 45&5631-CALL BEFORE FAXING FAX (814) 453-5749 Honesdale PA 18431 (570) $38-4090 TUNKHANNOCK Greater Erie Community Action Committee (570) 253-8941 FAX (70) 253-4817 CCCS of Northeastern Pennsylvania 18 Wiest 9TH Street 103 Warren Street, P.O. Box 709 1400 Abington Executive Park, Suite 1 Clarks Summitt PA 18411 Erie, PA 16501 (814) 459-4581 Tunkhannock, PA 18657 , 570) 587-9163 OR 1-800-922-9537 FAX (814) 456-0161 (570) 836.6840 FAX (570) 836-6332 FAX (570) 587-9134/9135 Warren-Forrest Counties Economic Opportunity 7 Lake Avenue, Box 339 31 W. Market St. Wilkes-Barre PA 18702 Council Montrose, PA 18801 (570) 278-3338 or 1-800-982-4045 (570) 821-0837 of 800-922-9537 FAX (570) 821-1785 1209 Pennsylvania Avenue, West FAX (570) 278.1889 P.O. Box 547 The Trehob Carter of Northeastern PA Warren PA 16365 WESTMORELAND COUNTY 185 Elmira Street, P.O. Box 218 , (814) 726.2400 Action Housing, nc. 425 8th Avenue, Suite 950 Troy, PA 16947 (570) 297-2101 FAX (814) 723-0510 Pittsburgh, PA 15219 FAX (570) 297-2799 (412) 391-1958 or (412) 281-2102 I TON C LINTY FAX (412) 391-4512 German Street, P.O. Box 389 Action Inc. 425 et=, Suite 950 Community Action Southwest FAX(57 (570) 9)297-8 Pittsburgh, PA 15219 391-1956 or 412) 281-2102 22 West Hih Street Waynesburg, PA 15370 FAX (570) 928-8144 FAX 39 512 (724) 852-2893 17 Grafton Street Community Action Southwest CCCS of Western Pennsylvania, Inc. (57, 16901 (5700) ) 724 724-5225 52 22 West High Street A 15370 Waynesburg. 1 North Gate Square *2 Garden Center Drive FAX (570) 724-5783 93 Greensburg, PA 15601 931 Main Street CCCS of Western Pennsylvania, Inc. (724) 838-1290 Honesdale PA 18431 (570) 253-8941 1 North Gate Square $2 Gordon Certer Drive CCCS of Western Pennsylvania. Inc 199 Edison Street FAX (570) 253-4817 Greensburg, PA 15601 Uniontown PA 15401 103 Warren Street, P.O. Box 709 CCCS of Western Pennsylvania Inc (724) 439-8939 Tunkhannock, PA 18657 , 53 N. College Street Washington PA 15301 Housing Opportunities, Inc (570) 836-6840 FAX (570) 836-6332 (724) 232-8292 133 Seventh Street McKeesport, PA 15132 7 Lake Avenue, Box 339 Housing Opportunities, Inc FAX (46 2)1664-0873 Montrose, PA 18801 (570) 278-3338 or 1-800 982 4045 133 Seventh Street McKeesport PA 15132 Mon-Valley Unemployed Committee FAX (570) 278-1889 (412) 664-1590 FAX (412) 664-0873 120 E. 9th Homestead mA 1155120 ? . 482-996 F4 ) 2 ross--Hanover Mon-Valley Unemployed Committee AX (4 2 462 996 29 Carlisle Street 120 E. 9th Avenue Hornestead, PA 15120 Indiana CO CormNatity Action Program Hanover, Pennsylvania 17331 (717) 637-3768 (412) 462-9962 FAX (412) 462-996 827 Water Skeet, Box 187 Indiana. PA 15701 FAX (717) 637-3294 Credit Counselors of PA 24) 485-2657 AX (724) 4145-5118 Housing Council of York 116 North George Street 401 Wood Street, Suite 906 Pittsburgh, PA 15222 Keystone Economic Development York, PA 17401 (717) 854-1541 (412) 338-9954 or 1(80) 737-2933 FAX (412) 338-9%3 Corporation 1954 Mary Gram Lame FAX (717) 845-7934 Johnstown, PA 15901 CCCS of Western Pennsylvania Inc L`G o astern Pennsylvania (814) 535-6556 FAX (814) 539-1688 , 2000 Linglestown Road Harrisburg PA 17102 1400 Abilrom Exect9w Park, Suite 1 Clerics Summill, PA 18411 Tableland Services Inc. , CCCS of Western Pennsylvania, Inc 570) 587-9163 OR 1-800-922-9537 AX (570) 587-913419135 535 East Main Street Somerset PA 15501 912 South George Street , York, PA 17403 31 W. Market St. (814) 445-9628 1-800-452-0148 (717) 846-4176 Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (814) 443-3690 Adams County Housing AuMrority FAX (570) 821-1785 Credit Counselors of PA 139-143 Carlisle St Gettysburg PA 17325 _ 9 PA 401 Wood Street, Suite 906 Pittsburgh. PA 15222 (717) 334-1518 FAX (717) 334-8326 Stroudsburg PA 18360 (412) 338-9954 or 1(800) 737-2933 (570) 420-8980 or 800-922-9537 FAX (412) 338-9963 FAX (70) 420-8981 The Trehab Center of Northeastern PA 185 Elmira Street, P.O. Box 218 Troy, PA 16947 (570) 297-2101 FAX (570) 297-2799 Exhibit C NO& Liberty Bell Agency, Inc. A701 Market Street, Mellon Independence Center - Suite 5001, Philadelphia, PA 19106 (215) 625-3660 ? FAX: (215) 625-3689 Wednesday, August 20, 2008 FORECLOSURE REPORT Order #: LBA-0809433 THIS SEARCH COVERS THE PERIOD TO: 08/18/2008 PREMISES: 9 Hill Road, Carlisle, PA, 17013 PARCEL NUMBER(s): TAX ASSESSMENT(S): 46-09-0521-018 2008 $239,310.00 OWNER OF RECORD: Steven R. Davis, single by deed from Raymond J. Moneta and Carrie A. Moneta, husband and wife Dated: 3/15/06 and recorded: 3/16/06 in Book 273 page 2818 FEDERAL LIENS: #2008-2540 4/21/08 $10,053.06 -vs- Steven R. Davis U.S. Treasury Dept. 96 Winchester Gardens Liberty Avenue, Pittsburgh, Pa. 15222 Carlisle, Pa. 17013 BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, if available, are shown hereafter. Possible additional tax delinquencies may exist, but TAXES: may not be readily available. Certifications need to be obtained to determine whether outstanding tax obligations exist. MUNICIPAL LIENS: None of record MORTGAGES: 2 of record $360,000.00 Steven R. Davis To: First of America. Mortgage, a division of National City Bank of Indiana 3232 Newmark Drive, Miamisburg, Ohio 45342 Dated: 3/15/06 and recorded: 3/16/06 in Book 1943 page 2353 Assigned to: National City Mortgage Co. 3232 Newmark Drive, Miamisburg, Ohio 45342 Recorded: 7/20/06 in Book 728 page 4593 $90,000.00 Steven R. Davis To: First of America Mortgage 3232 Newmark Drive, Miamisburg, Ohio 45342 Dated: 3/15/06 and recorded: 3/16/06 in Book 1943 page 2373 (Re-recorded: 1/29/07 in Book 1980 page 3976) Assigned to: National City Mortgage Co. 3232 Newmark Drive, Miamisburg, Ohio 45342 Recorded: 6/29/06 in Book 728 page 1937 Assigned to: Residential Funding Co., LLC 8400 Normandale Lake Blvd., Ste 600, Minneapolis, Mn. 55437 Recorded: 2/7/07 in Book 734 page 1211 JUDGMENTS: None of record Liuerry Bell Agency, Inc. certifies these search results as based upon the examination of evidence recorded in the appropriate public records for those categories searched Upon full payment ofthe price of this report, liability hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty Bell Agency, Inc. solely in its capacity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched This report does not constitute title insurance, nor is it a commitment to issue tide insurance. This report shall M be used in a real estate or loan settlement or closing, as possible additional public records may need to be searched, and addtional requirements may be added to this repots. Page 1 of 3 ? UJ Q O r r-0 :.o SHERIFF'S RETURN - REGULAR CASE NO: 2008-05792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS DAVIS STEVEN R ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DAVIS STEVEN R DEFENDANT at 9 HILL ROAD was served upon the at 2055:00 HOURS, on the 30th day of September, 2008 CARLISLE, PA 17013 OrPUIT "K7 nAITTQ by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.00 Affidavit .00 Surcharge 10.00 .00 3 Sworn and Subscibed to before me this day So Answers: A R. Thomas Kline 10/01/2008 GOLDBECK MCC RT=CKEEVER By: Dep y Sheriff of , A. D. Steven R. Davis, pro se 9 Hill Rd Carlisle, PA 17015 Telepbone: (703) 728-0904 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION National City Mortgage Company VS. CUMBERLAND COUNTY NO. 08-5792 CIVIL TERM Defendant Steven R. Davis CERTIFICATION and RESPONSE OF STEVEN R. DAVIS I am the Defendant in this case. I make this certification of my own knowledge in answer and response to Plaintiff's filing of an Action of Mortgage Foreclosure. 1. Purpose: I make this certification to file in writing defenses, objections, and counter- proposal to the claims against me. I object to the Plaintiff's requested ruling and respectfully ask the court to consider alternative remedies to the dispute based on (in whole or part) the information contained herein. 2. Double Jeonaraly: The Plaintiff is pursuing the same action of mortgage foreclosure under two different civil terms with two different retained law firms. The two civil terms are this one: 08-5792 and one against which I have already filed objection and defense: 08-4575. 3. Workout Package: Defendant submitted two workout packages to Plaintiff; but because of Depdant's current financial picture, and Plaintiffs internal rules; the package was ro)pcted wit oµt thoughtful consideration. 4. fronert? or Sale: D efopdant continues in good faith to maintain the property in show condition and active4y on the market for sale. Page 1 of 4 5. current United States Financial Lan&cgje: The US Financial picture is dire. Consideration of alternatives to foreclosure is a social responsibility as citizens. 6. Hands i : Exhibit B is Defendant's Personal Hardship Letter to Plaintiff dated 20JunO8. Exhibit B discusses factors of Housing Market; Post Divorce Decree Litigation for Visitation of Defendant's boys; Post Divorce decree Litigation for Child Support of Defendant's step-daughters; Medical Expenses; Employment; and Fuel Costs. Exhibit B explains how the dispute between Defendant and Plaintiff came to be. 7. Prior Proposal: Exhibit A is Defendant's Hardship Assistance Request Response dated 7Aug08. Within Exhibit A is a detailed plan which results in the complete disputed amount paid over time to the Plaintiff by the Defendant. The plan calls initially for a lower monthly payment with payment amounts increasing over time and in the end exceeding current required payment amounts. The plan enables Plaintiff to show a profit rather than a loss on the property stabilizing both Plaintiff s and Defendant's financial outlooks. This proposal was not considered by the Plaintiff based on Plaintiff s internal process. 8. Realistic Alternative to Foreclosure: Exhibit C is Defendant's Home Retention package submitted to Plaintiffs attorney for Plaintiffs consideration. It is a more realistic and accurate version of the Defendant's Exhibit A prior proposal. Exhibit C yields considerably more profit for the Plaintiff than even the original mortgage terms between Plaintiff and Defendant. Exhibit C results in the complete disputed amount paid over time to the Plaintiff by the Defendant. The plan calls initially for a lower monthly payment with payment amounts increasing over time and in the end Page 2 of 4 ????? R pie?l? ? ?''•"MG , PA 17p15 S -two c"w•? °.? pair. owo off to a vow". PA"Ove f W- MOO' Won* viewswool SO" to dwa VMS (jot Como" tw;irow out ?,py to «? ,a?t+ m? an wool wooo* WW W% mw to amow vico0w. 1201 00 pwI*is srao ' SWww R D" Re: NCMC Loan Number 000463230; Hardship Aeeieta = Request RuporIse hero b my popaed Mw%ppe Payment Plan which is r*V* cokub led to fmM In sariy pop* (prior to Apr2098) for both mortpapee: Data /1deaYorwl Iriconie . N',Ist tow a PWOM t 2nd More Payment Ilddwonal Marna flame cunwtftu 00 1600 1600.00 $0.00 1 . pqTff 2 Wo low* 1 Feb09 thru $500.00 $1,000.00 $0.00 Renter eharod coat 1Apr12 1 ayl2 8a $5510.00 $1,510.00 $0.00 lJ@nl own~ 1Fsb13 ftu $770.00 12,280.00- $0.00 Auto Loan PWO 10ot14 1N W4 ttru $750.00 $2,416.00 $614.00 Id ddd 1Jan19 thru $750.00 $3,060.00 $700.02 2nd dAd BNar is my tinancW wmt*sed on 1 Feb09, ehowkp a poWdit hioome and mortpape peymw t on the 181.60 tpape of $1,000.00 monthly. By 1 Frb08, my vAWs elaber wl be ampioyad. " in our home ae a ranter, and providkp $900.00 mw" Irworne to me: lPd*$ PbwmW rMmkdwe t h?oorae I mcp um POdlW Flow 4 NstSdwy $6.943.001 ChId $000-00 bbabft $638.00 Ru" mm" $500.00 -city Nbftw $1.000.00 2nd Mo"PP $0.00 Ueb rat Loam $770.66 cma C1rde $165.00 Food $1,3.00.00 LMNIM .00 $1.66000 Chid 111600.00 Ch13 Pftwwd 5506.57 irAedicd 1350.00 t' .Horne Mlwt?et $370.00 Feaa am*, Ute Mrs, Home Matnbenanee 5291.00 385.00 Tomb 3d?1 18. .2ss i11s.7s 8x7/2408 Pap2of5 SWm R Dwb Re: NCMC Loan Number 0004502350; Hm dW Aaidarm RW" Reeepom eetow M my lboic" worksheet on, IMft l2, showing a poWM tnoorna and morlpw Payment on ow l" tortprps of $1,510.00 6xx*i y. By 1May12, my Chapter 13 bw*n*fty pfd plan wiN be arrrrplels, r?edarcing my P«+? by 1608.57 motMNly: 1 y FMWN N Nto Aud- - - a MOM 1110011, e Upwon PiseNhis Crish NOW atm Not 08.843.00 Chid .00 Pblft 0W oo ft" Inooms 060000 Netionri *Mgsw 01510.00 2nd $000 MrMeYrrNrrE t?risr $770:08 Credkt Cards $18600 Food $1 00 Wf6Sea $562.00 T 01000.00 ChNd 34P W- -OUVft $11500.00 Ch13 $0.00 Medlod $360.00 Cok Horns Pla Cebks, kdwnst $370.00 Fees (Teroee, W44 Horns NNW -own.) 1201.00 cwft 005.00 Totme "8 WA0 $117.32 Below b my lknrnrdal worksheet on 1 Fsb13, Wmwinp a poddw inooms at mortpeps payment on khe 1e nrrrttprps of 12,200.00 monlMy. 8y 1Feb13, my impost oar payment wo bs oomplete, nsdudrp my erp o r a l s by $771.32 montMy: 1F013 Phw vd d Work~ Deeorkptloo MOO 'a ffvw ass Podgm cam Flew Nst $8 00 Ch1d .00 Digibil 1838.00 ft" woo" 1600.00 Phdot W 12,280.00 2nd $0.00 Itimerrt Loea le $0.00 Crodk CW& $18600 Food $1,300.00 USE" $W00 T $1,eo0.oo cm $1,500.00 Ch13 $0.00 8!7/2008 page 3 of 5 SNven R D" Re: NCMC Loan Number 0004562350; HwdW* AMMIW os Request RsWOM WSW F f IIMorloM M piamm- Desor%Won know ftpwon Cash Flow kim" Empwom $38000 CA 1 b no Phone, OWN% kibn* $370.00 Fees (raw% Llhe In, Ha1?e $281.00 Mdnbnw oe CW" !66.00 Totem ." slim Below Y my1lnanoiel workof on 1Nov14, •tawkop s inoonw and tmxlp?pe payments on the 1" maipops of $2.416.00 ,. wv8 iy and on the narlpape of $61400 mm". By 1Nrw14. my aklMt son an wham t pair dAd support wM be emanoipalsd. romkokV my motporw a s by $'1'30.00 mon"y. 1Norl4 Fhwne Ml WbrkM?e et D a %Mon Mao m Expenses Podwn Caeh Flow Not sw" $9,94300 ChMd 00 $0.9800 Room kx ms $50000 Nldn 1. !tftm 16.00 2nd Mw"a $614.00 lrat rnwt Loans $0.00 dr" Carrk $185.00 Food $10300.00 Ud w" $6R.00 T $1,8ti0.00 ChOd $780.00 Ch13 Papw t $000 Medlosl $880.00 CON, Ham FhoM Cabkr, !Nernst $370.00 Fees (Te e, LNb kis. Horne Mek?lenancs $291.00 Ciboft $66.00 Tolls =$,$881.00 Ss~ $411.00 8/7/200$ Pap 4 of 5 wow 0004003W. vwtw* J, ;Wjow of adloolmon 1,19.?""A tq Y 9 MM coo A?w eat 1.M?'? Si 1 vo I two* you re1Y .per 5 0? s ?x??'?? Sk ven R Dallis Fes: NCMC Loan Number 0004582350; Personal Hwdship Low 81ewn R Davis 8 HIM Rd CarMe. PA 17015 2OJunOB NaMonsl Clot Montoage Co. Afln: Homeowners Assistance 323216mim c Oda Wes. OH 46342 Fee: NCMC Loan Number 0004502350; Personal Hardship Letter haw sorperienosd MM W aw fillips that coNedheely haw of A - d my lknnclol aboty b make MY ntarWaoe PSYMant. This IMlsr w qp Is r- the haMNwps in summwy form and prmpoaaa a wkooat p?drnlos for foodulion of the.cunsnnt flrtarnoW s8uation. At fine time of my offer b podwas, the home in January 2008; the housing nwitst al my.then roeidsrwa of 11048 k kftm nd Ct. Rnkw VA wee b n n iv-1 fum Some arwdpeMd a bubble bunt at some point. ?:bw.can shows !ia prctpsr r gnats value to Jan08 than dnoppiip ON tip iko ty Oweaft I did net reaNse i WOM st thw psak and w- WO old a quids sole common at gta time. lrnaMad, the bubble bunt laavtnp me saddled with 4 i o llMss (2 per plops ly). was able b use my pravbusly good am* and a nnler for a perbd of time baba I had to evw*wMy dsdws Chapter 13 bankruptcy in ~ I anwdwod tits property. Dwplb having both a properly soft nerrt agraamartt and a d wo ros 410,+ I daANilonts for - I@ Mo a %ft my tea boys,; my sx wft nat,iknsises refused b flew #w dear me. I pursued rvWf m tits oourla, which was b prow op - w6w and eMNtlwtly 1Mfias. I do not sae my bojs much, just a small fraebn of ft time adored by ft NOM Ilion rno Anrlhw funds wikh rrhidt b W fhe baffle in tits ledak syaMm. From 2003 Mw+ough preavi fhe oostbtaied soma:80.000.00.` Despite t wAV both a property 9,0091- ent ag oonm and a dive dMlwswiMt ideAniligris br cold suppW and ssvo coot orders for **part; my wife and 1 lltiigwer+dty h$ b noolMS the 1900.00 per Wrath support for mmYY hMa alepdau tliir:. The Chi 3 b? frp in AprM 0f 2007 w based on reoW ft •te$91I0.00 per m - SLOW d, over ? ? ale x,000.00 In ameein. ws herw pMd a daft Deepft having eooorNgrrt hedlh irienasrnoe tirvtgh my 0 'over. Nc tnap Onownin; b' OV:a f n*of six we haw had u mwjW out of podot mediool ffigl l *L T A*W titnin vAmp ooed d medial at.af pocket ei tp rl, It Ine awn nwA are upwds d ft". On top of t do coat we out of padoat saperws for titres nw#w wAgeMs our fiv* ha sogreriernosd over tits lest yser. Each of lhdau sue0srkaa ranged in srgterr i f to $500 to $2000 In out of Wdoet soars. WO cumu y 0" some $0000.00 in m aimulsMd unpaid expertaaa skm MV our Apr07 Ch13 bw*ruplcy. Our model for horning was one inwhidt ws world choose b have me commute some 210 riAlies ramd-trip on a dally basis in the new term bebn I could find otter work cheer b horns. I Hors suoonokd in Arguer 2WOIn esonufng a.poalgon wirntn flte comparh? whtdt reduced my dally mund4trfp oonv nub by 40 min. T'hk vm = ,- I& -J by w to been Inka h. Nap b an awn dw ho comrnuls and the job opporinrrnlly carers wO a skwV poseibNly of working out of tins twm (wkMoh led not n dwloiln . I haw been in an aotiw job searoh for more liven two yeanionidprwallybdervieweveryolversimill for rn d eogner6 as in classified environments one ed w vrNhu mya a t the two os my coupled my bad credit sdlt Mire dosed the 7/14th Pop 1 of 3 Shown R Davie Re: NCMC Loan Number 0004582360: Pasonal Hardship umv door on several appmkxWes which could have played a eigrtMom-t role in resolving the current tirrrx;W crisis (lost a possible 33% inasass In salary due to this). Fad Coat hid audit has locked me Into my anent vehicle of a 1999 Tayola 4Runnsr; this vehlale oauees my daly tin wgwxNk s >n be 11 gslorrs for erary worst day (6M schedule). My co mo kers Mro ** I wasover-aatlmMinp the cost of Use when looking at our home4vortt model - my ssA' ell was just in case gas priori should aiwr go as tdph as $2.ftO...My aslhhrra?d Mw ,,vvxMlcost f and ftm gm mns ? work hn tn a ??d 0 00 perrare w on pie" of $4.0019@1 I propose a workout plan option lo Map the home ltom foreakame. As disclosed in Me AramcMl wortcehsst two islpls, leeway, but tyre is some. A modNfoslion to tack the deNnquot anrounle to the and of the loan and a forberaroe period k** of bm yeere, folowsd by subsequent rolling hasaese; If aoospteble could be possible. A M. Child support le beginning loreach us for Mrs girls though child support agencies. is gives $M.00 a n=Mr a indiceled In the f nenoial disclosures. I have lateen a *no pWARY In my oomme is hi work In order to batier oorM fust costs. We ars w ppienerNing our grocery bile wkh home grow vegelebias In a Arden on the prop". We scawge for free tins wood from tree iNrirrntans and bum drum g the whiM lobring dawn he 6- ooste. These measures are designed to keep our budget close to balarrasd for now. gbgfi: I propose to tenrporarly zero the 2n0 mortgage payment untl Such time se the rest of the budget perms psyrnent. I propose to add its delinquent amount to the and of the ban ardsndhg the term. I propose ioNgraidaie my 401K penrwerwy io obtMn tierce wNh which lopay off the Van and Munner giving $W0.00 per nrOrrhh back irMo our no m -0 g budget. I propose to pay Mee 1600.00 per month loNal m imI City on the first (Armory) motipege. With the mmindsr of the funds I plan to purchase a (used gee eAtdrM mode) valwde ffi ro&M *W ooets by 30% and to puNhase a wood stove to gin greater efficiency over the lb spMoe for our had cost reduction I propose Mat at the and of a two year period or perhaps sooner depending on craunntarraas and Su debt M paid down to Inc inns maiprooaMy, tto mount paid b Me 0* m migagrund it is MMed monthly and I am bads on track wNh dsbxp nt arnounle ardsr>dirp the tame of the ban; at that Mme and as oonftmd fund lrorsass slow 1 would resume paying Me nrorhgags alMr NaconM City le aMNMd withpr,agmeicn of the fist narilpa s. During the two-year reduction in niortgige payment b 1600.00 per nadi and for the time beyond that I propae conMrtutng to kssp the home an the market for sale in an afNort b re- coop the banks hvs*n w t in the first and second rruagags. This would be our first op*m to sell tta Mane are! pay off he nortgpa h ful, and perhaps hsve enough MIt aver to fund a move closer to my work, and pW depoeit on a re nhi tone and reoowrsd from bad an!sdit. We we Wing in my wWs sM w h the omft months In order b WwAft her fanny support and d*kme h ow wngs for help with ft nortgpe. Once she io siabNNed and errtfrloyed In the arse (nedicsl field) we ssftsis she may be able to oonbftft se much se 1600.00 per month. Over debt payoff and oorrospa -dkp irncrear a In Bide to NCMC on shown In the table an the next page, winch Half M a reenact and coneerVaMMe plan for tana * the t" payoff of both Me first and second morigages. 7/1412008 Page 2 of 3 Sb van R Davie Re: NCMC Moan Nunbsr 000458.7350; Parw Hardship Leosr TOW Toll per Dates Amount - Saunas lld i 0 tat 2nd 2nd Budget slabMy - tiusi Present n/a No Na food cost neduodon sId*W* pin . chid wpport Jano ftru 500.00 500.00 0 00 Liquidate 401K and Joni 1 . peyoff 2 sub loans Joni 1 2 VWU 2 500.00 1000.00 0.00 Rent r shared cost May12 thru Jon13 510.00 1510.00 0.00 B cam Jan13 thru Oct14 772.00 7182.00 0.00 Aub Loan Payoff 750.00 2416.00 616 00 lot d*d . Dec18 Owu 2nd eVld now end of 750.00 3080.00 700.00 loan smancipoted Rt: This pion has the advanbaps of prey rAng the property trough our swast sq+BY aa;wtdtd on home mobs ons and land are. Ocat"Von of I* "arty reftM the dek of rMMtir?M elscoy and vandaNsm of the property. praservk Vw bannic'"s invest nsnt Intomes of rrabfthbp the bsst p m Ib i property valve. Such an advanIepe cannot ba rseNY+sd If tw home pose to knniostre st a Wes in proR for the kweaw. The plan akows for NCMC b rudkn pwft Ands in the abort terra and U funds in the out-years. The dlM Nentope of the plan N Me k Is not w1Mt was apnsed to o lowly for that I am aony and would go to do as much as l posebly can to make wnw?s- 4hb plan condo #M over Ime. I Vw* you skmarely for your an IfferOn ofIMs pr'aPa .. TLaw 7114rM Pam 3 of 3 ????,1 C October 31, 2008 LOAN RE_ SOLUTION ;ACKAGE STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 NAPOAL CITY MORTGAGE COMPANY Loan No: ?i?,?340 Name STEVEN R. MVIS Cumberland County Court of Common Pleas; Numbers 08-5792, and 08-4575 HOMEOWNER PROPOSAL, TO REMAIN IN THE PROPERTY STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 Mortgage Lender: NATIONAL CITY MORTGAGE COMPANY; Account or Loan number: 0004562350 LOAN MODIFICATION Please note Federal Lien #2008-2540 vs. Steven R. Davis; 96 Winchester Gardens; Carlisle, PA, 17013 is incorrect-- I am not the same person as listed on this lien; I am current on all taxes. Please let me know if you'd like to review my taxes so that I can send you a copy (please indicate which years and federal, state, or local; and where to send). We would like the lender to modify our loan. We can make payments of $1,100.00 per month from 1Jan09 thru lApr12; and payments of $1,610.00 per month from lMayl2 thru 1Marl3; and payments of $2,380.00 per month from lAprl3 thru lOct14; and payments of $3,130.00 per month from 1Nov14 thru IDecl8; and payments of $3,880.00 per month from 1 Jan 19 thru completion of loan payoff with last payment estimated to be on 1 Jun3 7 as portions of the payment attributable to escrow vary through the life of the loan. We can make an upfront payment of $1,100 on 1Dec08; but prefer to make an additional payment at the end of the loan if possible. Please reduce the interest rate from 6.75% for an interest only ARM to 6.125% for a 30 year fixed rate re-finance using an amortization model. Please increase the amount owed such that the outstanding principal of $358,962.29 and the outstanding per diem interest of $66.38 per day for the 550 days from 1Ju107 through 31Dec08 and also known as the amount of $36,509.00 are added together to form the total new principal or amount owed of $395,471.29. With the understanding of our available funds for payment and using a flat monthly escrow rate for taxes and insurance; we provide the following estimate of funds paid at the end of loan lifetime while realizing this may vary but only at an increase in profit to the lender as term of loan increases to compensate for T&I increases above the flat rate used for the estimate (which is today's escrow rate): The proposal; if accepted; pays to the lender the following: Principal: $395,471.29 Interest: $586,265.07 Term: 1Jan09 through 1Jun37 As T&I increases the term may increase with a resulting increase in total interest paid to the lender at the fixed rate. All is negotiable within the available funds illustrated in the payment schedule. The home will remain on the market in an attempt to settle the debt sooner if possible through sale of the home at a price to satisfy mortgage in full. Thanks for your consideration; Steve Davis r`" 01 Signature of Homeowner Date: 3/dC?oB' Borrowers FINANCIAL STATEMENT Servicer Loan Number 0004562350 Property Address 9 Hill Toad Carlisle, PA, 17013 Is your home listed for sale? Yes(x ) No() Agent's Name: Inez Gall & Janet Yaw of Keller Williams Agents Phone Number. 717-3$5-1196 STEVEN R. DAVIS Borrower Name 7za, Security Number Mailing Address (0, Street, Apt) 9 HUI Road Mailing Address (City, State, Zip) Cad". PA 17015 Total number of persons living at this address: 4 Number of dependents at this address: 2 Hone Phone: 717-776-7796 Work Phone: 703-728.0904 Co-Borrower Name None Social Security Number Mailing Address (#. Street. Apt) Mailing Address (Clty,State,Zip) Total number of persons living at this address: Number of dependents at this address: Home Phone: Work Phone Have you contacted credit counseling services? Yes( x) No( ) Number of cars you own? 3 Monthly Income (Wages): $74W mo. Additional income (not wages): $1238/mo.' Source: VA Benefit and Child Support "Notice: Alimony, child support or separate maintenance income need not be revealed if the Borrower or Co-Borrower does not choose to have it considered for approval of a ban workout. Aseet Type Estimated value Liabil ty Type Payrt-Worah Ba w= Due Homo $540.000.00 Aftory/Chddd Support $1500.00 ouirerrt Other Real EstWo Dependent Care NIA CheckiN Accants $2,000.00 Rent SavinpsAirorrey Market Other MorEpape(s) IRAWAoph Aooourft Peroonal Loan(s) $1400.00 40WESOP Acaords $9,000.00 Medical Expenses Insured Stooks, Smds, CD's HOA Fees/Dues NIA Other Invesanerft Life krsurarwe 1.1 Lfdkn; Job Other StaWNty Reason for delinquency: Divorce, Medical, Economy I agree that the financial information provided is an accurate statement of my financial status. I understand and acknowledge that any action taken by the lender of my mortgage ban on my behalf will be made in strict reliance on the financial information provided. My signature below grants the holler of my mortgage the authority to confirm the Infonmatbn I have disclosed in this financial statement, to verify that it is accurate by ordering a credit report, and to contact my resltor and/or creod counselling service representative (if applicable). S{i Submitted 29&?? a l , 2008. By: Date: 3???08 STEVEN R. DAMS Pay Inquiry View Paycheck Steven Davis Hide Company: NG Information Technology, Inc Address: 1840 Century Park East Los Angeles, CA 90067 Page I. of 2 New Window Helu I Instructions for printingyour statement Net Pay: $3,480.71 Pay Begin Date: 10/11/2008 Pay End Date: 10124!2008 Check Date: 10/31/2008 View a Different Paycheck Name: Steven R Davis Business Unit: 00426 Employee ID: 528205 Pay Group: CSI Address: 9 Hill Rd Department: BNRGAL Carlisle, PA 17013 Location: Reston -12005 Sunrise Valley Assigned Shift: 1st Shift MyID A06171 Pay Rate: $59.26 Hourly Tax Data Fed Marital Status: Married PA Marital Status: Not applicable Fed Allowances: 10 PA Allowances: 0 Fed Addl Percent 0.000 PA Addl Percent: 0.000 Fed Addl Amount: $0.00 PA Addl Amount $0.00 Hide Paycheck Summary Gross Earnings Fed Taxable Gross Total Taxes Total Deductions Net Pay Current 4,741.15 4,589.61 948.46 331.98 3,460.71 YTD 103,503.70 100,297.87 20,636.55 7,052.88 75,814.27 Earnings Taxes YED Description Ho Raft A01lZWlt YTD Hours n Description AInQYnt A? Regular Pay 80.00 59.264400 4,741.15 1568.00 92,310.30 Fed Withholdng 456.54 9,885.47 Employee Fed MED/EE 66.55 1,454.32 Life Imputed 3.07 27.63 Fed OASDIIEE 284.56 6,218.47 Income PA Withhoking 140.81 3,078.29 Paid Time 100.50 5,905.96 Off Holiday Pay 64.00 3,712.77 Paid Time Off 46.50 2,755.80 Adjustment Regular Pay -46.50 -2,755.79 Adjustment Total: 948.46 20,636.55 Hours Over 1.00 0.00 Standard Vacation 27.50 1,57416 https://peoplesofd ms.northgrum.com:6001/psc/pshcm 2/EMPLOYEEIHRMS/c/ROLE EMPLOYEE.... 10/30/2008 Pay Inquiry Total: 80.00 4,741.15 103,503.70 Before-Tax Deductions After Tax Deductions Description AI74QYIIt Am ounnt II Am!lUllt Amount Dental - Basic 21.23 455.10 AD&D After - 5.81 126.82 Med - Basic 130.15 2,707.30 Tax Vision - Pre-Tax 3.23 71.06 Dep Child Life 1.38 30.36 Dep Spouse Life 10.26 75.37 Legal Plan 6.46 142.12 Lng Term 14.84 334.88 Disblty Opt NG SIP Loan 113.70 2,501.40 Life Optional 24.92 608.47 Total: 154.61 3,233.48 Total: 177.37 3,819.42 Net Pay Distribution fyment Type PWheck Number Account Type Account Number Direct Deposit 3485947 Checking 2576088708 Description Vacation Purchased Vacation YTD Amount: Jon Cap YTD Amount 17.87 0.00 16.00 Go To: Payroll and Compensation Home Page 2 of 2 Employer Paid Benefits Description Amount YID AMOM9 • Taxable Total: 0.00 Amount 3,4W.71 https:/lpeoplesofthrms.northgrum.com:60011psclpshcm 21EMPLAYEEIHRMSIcIROLE EMPLOYEE.... 10/30/2008 ' ...f ...% - J- GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA No. 08-5792 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is National City Mortgage Company (hereinafter "Plaintiff'). 2. Defendant is Steven R. Davis (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on September 30, 2008. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer with New Matter on or about October 31, 2008, which does not raise any issue of material fact. Plaintiff has replied to the New Matter. True and correct copies of the Answer with New Matter and Reply to New Matter are attached hereto as ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Exhibits B and C, respectively. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff s attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER O David Fein, Esquire Attorney for Plaintiff 2. I have reviewed the business records that relate to the mortgage loan account that forms the basis of this action and, based on those business records, I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, and aver that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein.. 3. The Defendant, Steven R. Davis, 9 Hill Road, Carlisle, PA 17015, made, executed and delivered a Mortgage upon the premises, 9 Hill Road, Carlisle, PA 17013, on March 15, 2006, to First America Mortgage, a Division of National City Bank of Indiana. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due August 1, 2007, and each month thereafter are due and unpaid. At no time from August 1, 2007, to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance $358,962.29 Interest from 07/01/2007 through 09/30/2008 at 6.7500% $30,402.03 Per Diem interest rate at $66.38 Reasonable Attorney's Fee at 5% of Principal Balance $17,948.11 Late Charges from 08/01/2007 to 09/30/2008 $1,413.43 Monthly late charge amount at $100.96 Costs of suit and Title Search $900.00 $409,625.86 I hereby verify that any and all exhibits attached to the Motion for Summary Judgment are true and correct copies of the originals and I declare all of the foregoing to be true and correct. eresa S. C1opp,Aut o ized Signer SWORN TO AND SUBSCRIBED: of Notary , 2008: National City Bank TEAESA L. SLAVEN, Nohrr P1kk in and for the State of Ohio my commission Expires Jan. 29, 2009 before me this 25 day: GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 vs. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA No. 08-5792 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendant who is the Mortgagor and Real Owner of the real property located at 9 Hill Road, Carlisle, PA 17013 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer and New Matter. Plaintiff has replied to the New Matter and now moves for Summary Judgment. This memorandum is offered in support of the Motion. The United States of America (USA) is a named Defendant by virtue of a tax lien on the Property. Defendant USA has consented to a judgment being entered against it. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. sue., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendant's Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendant's Answer does not respond to the paragraphs of Plaintiff's Complaint. Plaintiff interprets this as a passive admission of the default that led to the initiation of this action. Defendant has failed to respond to the averments of paragraphs 1 through 5 of the Complaint, specifically the identities of the parties, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. Paragraphs 6 and 7 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendant does not specifically respond to the averments of default makes no specific response whatsoever regarding his failure to tender monthly payments or the amounts due and owing. As case law assumes that Defendant has knowledge of his own mortgage account, Defendant is deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company vs. Strausser and Perlber653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, while Defendant's default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the deemed admissions of the Defendant and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant's failure to specifically respond to the averments of damages as calculated in paragraph 6, is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must'be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank 455, Pa. 217,255-266,282 A. 2d 335,340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan.vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in paragraph 8 of Plaintiffs Complaint, the attorney's fees demanded in paragraph 7 would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. sea. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendant has failed to respond to the averments of paragraph 9 of the Complaint, and Plaintiff interprets this as a passive admission of same. Plaintiff submits, in paragraph 9 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendant has received a discharge of his personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Finally, Defendant has not responded to the averments of paragraph 10 concerning Plaintiffs compliance with Act 160 of 1998, and Plaintiff interprets this as a passive admission of same. In any event, it should be stated that the required Act 91 Notice was sent by Plaintiff on June 4, 2008 (See Exhibit B of Complaint). Regarding Defendant's allegation that there is another case pending against him at docket number 08-4575, the docket reveals that counsel for the plaintiff in that case filed a praecipe to discontinue the case on November 24, 2008. As for Defendant's attempts to resolve this matter through loss mitigation, Plaintiff is waiting to receive some additional documentation from Defendant so that it can properly review this matter to determine if Defendant qualifies for loss mitigation. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER BY: David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Assignment of Mortgage ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5792 E. Note GOLDBECK McCAFFERTY & McKE EVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106AT 2 !i I ff- (866) 413-2311 WWW.GOLDBECK-LAW.COM ILI, ATTORNEY FOR PLAINTIFF u r T141S IS 1 HEREBY CERTIFY ?HACOPY OF A TRUE A?1DlC? AECTLED THE CR NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff VS. STEVEN R. DAVIS Mortgagors and Record Owners 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendants NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. b8 _ S?9A aivAT 0 CIVIL, ACTK* MORTGAGE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. o CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 r -s C LEGAL SERVICES INCs 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE• SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA_ RECLJERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit.HUD'S website www.hud.uov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hlW://www. hp fa.org/consumers/homeowners/real.aExx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71106FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE I HEREBY CERTIFY THAT THIS IS I. Plaintiff is NA GAGE COMPANY, 3J$TFW MWR 45342. THE ORIGINAL FILED 2. The names and addresses'of the Defendants are STEVEN R. DAVIS, 9 Hill Road, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On March 15, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to FIRST OF AMERICA MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1943, Page 2353. The mortgage has been assigned to: NATIONAL CITY MORTGAGE COMPANY by assignment of Mortgage July 20, 2006 as book 728, Page 4593. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A„ ("Property'). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$358,962.29 Interest from 07/01/2007 through 09/30/2008 at 6.7500% .....................$30,402.03 Per Diem interest rate at $66.38 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$17,948.11 Late Charges from 08/01/2007 to 09/30/2008 .......................................... $1,413.43 Monthly late charge amount at $100.96 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $396.14 $409,625.86 8. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit ` C' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $409,625.86, together with interest at the rate of $66.38, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: e46,d Y-1 GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Laura Cauper , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: September 17,2008 Laura Cauper, Authorized Signer NATIONAL CITY MORTGAGE CO 0004562350 STEVEN R. DAVIS rhi6it ? .Ex Aug 19 2008 8:46AM HP LASERJET 3330 Exhibit A ALL tiro" tat0a tae U** of Iaad v*h the improvon esto tbereos erected, sltaato Is the Township of West Passsbore, Coaa17 of Cumberland MO State of Peessylvede, boaadW aid doscrtbed as follows: TRACT NO. It BEGV6W4G at * pout ias a to md* road at had sow or fer owly of LX Md1; then" by sold MA lead, North i ft ma 25 aaiaata West. 117 feet to a poiaq theses by WW am or loranerly of Emi Tile, North 23 &Srrees west, 223 feat to a poMt; theses by load now or form * ed O.A. Kiblwaildar, North 82 degsoes 50 slbmft Zwk IV feet to a poh* Once dnalag aIM the sold Q.A. KkxmMw Iasi, Sam* 16 % ftreeo East, 195 loot to a post; thema* Cte draft along do veld O.A. KiftwMer Lad, Sea* 9 dope" 26 mia*u Fast, 147.5 fast to a pia at edge of a rea* tkeaaa by road South 87 depvw 35 ashuatss West, I"A Lest to fm place of BEGIN 4MG. TRACT NO. 2: BtGVGU4G at as inn pia on Seeth sift of Towash* Read 63S =4 Lot No. 3; thence sioag Lot No. 5, South 16 dogrom 06 diaks East, 207.44 foot to as iron pia; Hoses akin tka adaesvo•ianrmaed Trull, Soutb 33 -leg, OSS,W I hWw Wmmk 157M feet to a peak tkoaes doag the bade now er too n Iy of Zed TrIte, North 22 dep m 23 admoites 40 sseeads West, 165.54 he tar a spit dome aMg Ike Township-Read 635, North 67 degrees S9 Wonta 39 mceav& Em4 174M Awt to the plies ofBEGEMM. BEING Let No. 4 in tb* Plan of Lets laid out by Thomas Alvin NeR, R.& dated September tS,1974, and recorded In Pka Book 26, Paps $6. Rt-1943PG2369 P. 21 1812008 10 3819 AA? CUMBERLAND COUNTY In" 200WM74 - Page 17 of 20 EXhibit (13 $ N D$0004562350D R672 06-04-08 June 04, 2008 Steven R Davis 9 Hill Rd Carlisle PA 17013 Certified Mail/Return Receipt Requested Loan No. 0004562350 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 9 Hill Rd Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 08/01/2007 - 6/1/2008 and the following amount(s) are now past due: Monthly Payments 26,634.69 Corporate Fees 1,050.00 Other Fees 81.00 Less Suspense Balance .00- Total Due 27,765.69 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 27,765.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 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). This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure (F) DR672 040 LEW @ND@ 41 4b 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 PROGRM HRMAP) may be able to help am your home. -This Notice explains how the oroaram works. To M N HEMAP c elp,you must MEET WI'T'H A CONSUMER CREDIT COUN- SEURffi*AGENCY WITHIN 30 DAYS OF THE_DATE .OF THIS NOTICE Take this Notice you when you meet with tht Counseling Agenav The name addme and one number of Consumer Credit Counseling Agenales swAn_g your QQu&j are Included with this Notice. R you have any..q Wnj6 you may call the Pennsylvania Housing Finance Agency toll tree at i-800-?42-2397. (_Persons wft impaired hearing gn call (717) 780-186S). This Notice contains Important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCTA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO.A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY 8 ELIGIBLE FQR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND ELF! YOU MAKE FUTURE MQR,TGAGE MMENTS. 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 ehtrtled to a tempo- rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a "face-to-face7 meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- ING_MUST_OOCUR_WLT_HIN THE NEXT (301 DAYS- "OU-DO NOTAPP__LY_ FOR GAGE 12.EFAULr. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CRS COUiBELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies fisted 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 lames, addresses and tQleQhone numbers of designated consumer credit counseling agencies for the county in which them ogeftjs located are set forth at the end of thi&_Rotice. It is only necessary to schedule one face-to-face meeting. Advise your lender immedfateiv of your intentions. APPUCATION EQR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and Me 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 tiled 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. s i ! 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.) IF YOU DO NOT CURE THE DEFAULT{see pagg 1) - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, thQ lender lntsn„da to exercise Its rigs 12accelerate the M9L%Sg2debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morts9eprooerty- IF THE MOMGAGE !S FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeys' fees actually incurred by the lender even it they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period. you wilt not be required to pav attomeY's fees. OTHER LENDE REMF=DIES - 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 SSE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to curd the default and oMvent the sale at any time up to one, hour afore the Sf s Sale. You may do so by a n the total amount then mast due, plus any late or other charges then due, reasonable attimoy s foes an co connected MA the foreclosure sale and any other costs connected with the Sheriffs Sale ass fled in writing by #Lelender ar by R.4rformipg any other requirements under the m see. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approxi- mately FOUR(4) 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 W CONTACT THE LENDER: Nlkme of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phorw Number: 1-800.523.8654. Fax Number. (937) 910-4067 Contact Person: COLLECTIONS DEPT. EFMW OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the martgaged property and your right to occupy It. Nyou continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. AE ON OF MORTGAGE -You may or may not be able to 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 requirernents of the mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAyE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TH IRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT 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 DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS. TO ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. APPENDIX C PEIINSYL.VANM HOUSING FNMWCE AGiNCY '. HOMEOWWW915111119tGENGYMORMOEASSISTANCE PROGRAM CONSUMER CREWT COUNSELING ASS (Rev. elect) ?r P V b t- 7 ? ? Ead 3W CroloW ftb om a?r Hamm i Street. em 118 VWhftW PA X220.2733 4011 ti21 61 W 0 ( M 724-M52 FAX (5709 n4-6M 520 Car14 61r d Indiana PA 157W or . ( ) "saw^ Pannsykte is 17331 (7u) 4062Rh7 avr 1 931 IWir 84tad m 637-3788 i?AX (724) 0"118 (51Oj 321. 132 > io?adala PA 10431 (SM FAX CRT) WT4 Cmdl Cottntdm of PA Emmadc OpporprW I CabW of AX (rz U11-4817 F t? 906 401 VOW Sk et g 2000 f omf m Rood t P A 1 no A. C oft m" FA 17102 a 121 0054 Papa4la, PA VW W 1 1767 F? 6 70 4 331141W FAX 12 ( - 542-0429 FAX (7 PI P 19130 11- 5 N ) C?1 t=kowN Cettlaeft SwAces of ConWraa?lf? FIo?uNO Cowaslor. Inc. 1427 FAX P 244 3131 V%9 3rd 8"d 425 001 Avorm Sg4a 950 PA 19348 XwA ? 14a1Mte14 Coratlv 8anvkm Vftnoftn PA 17255 p1 702.3M83 PWANW, PA 15419 (41 -1956 FAX (412) 391-4612 (010) 44 FAX (510) 444-8243 3001 14ar6 Bread all" PA 16141 (216) 324-7800 im n° 1 1 waraa are f w , P cots Ana Serwc s ?AX (215 32W53 43 39. ir W at PA 17323 1 , ennsy o e" 071 Third Stead Molt' so 384 43ndns CorMNy Inc. =' = (71 334-1518 (717) 334-8328 Beaver, PA 15008 (M) 774-07" Ev"", PA 15537 (814) 823-0129 140 Ead W A LSr4bona, PA 19047 FAX (814) 023-7187 (215) 750.4310 Hotratn4 Oppo unwas Of Beaver FAX (216) 750.4318 Flnarlte CpnNy. Inc. Keystone Econontte Development Ong ?1te 207 060 L B 9 of DoWiam rw Sftat Ys= 1323 15C 151A Hasa) P Bead, A 1 em race 1 54 Mary a s rrallow 14103, Bldg 200 (124) 7267511 Jotmim PA 15901 A 19107 PA 15240 4122842 Mon VaNay Lmompioyed ComM" (814) 5354558 AX (814) 539-1850 (216) FAX (215) 8th-WW PAX (412) 424-2835 120 E. 9b Avenue Hom mAead, PA 15120 CCCS of Wastem Pennsylvania. 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(412) -4402 FAX (412) 281-3207 TA *WW Savtoft tnc. Monloas, PA 18M 45709 2763338 or 1100.942-4046 Nh 755 ?Ifldn Yak Met Rd. PA Suite ft $0 103 18974 536 Ead main Skeet FAX (370)1761461 a15 bton-VWby Urte not yed Committee Somerset PA ISM FAX (215) 958-5344 120 E. 9b AvuMna (814) 4454628 o1.000452-M48 186 maim sow Fbraeabed PA 15120 FAX (814) 4433690 P.O. Bat 218 (412) 482-1162 Troy, PA 16147 Woe. ACM M* Wea1f10ritabul 0171os (370) 297-2101 tnle 930 5 Blh At , S 42 AtB18i11aMt1 CO41N7Y at vreusni t-onnsytvania, inc. 917 B11i19ia skeet Km*ogdon. PA iW52 German Street, P O. Box 389 , PA 15219 (412) 1-4968 or (412) 281-2102 21 s PA41 (814) 843-2343 i]i0 P0 14 FAX (412) 391-612 Moo 6W 57 (814) 944.8100 or (814) 944-5747 FAX (670) 9268144 CCCS of Wastanl PA 247 FM Stneat 103 VUanren Street, P.O. Box 709 339 S • Pteadtp, PA 19801 810) 373.7868 Tunkbannock PA 10657 (570) 0 gyps, PA 10001 Bun282-7012 FAX (010) 375-7830 AX (570) 836132 aw CownOppwkw"". 10c. " St., Sulm 207 "as PA 16132 ?(414 1690 FAX (412) 684-0673 MWVslkY Unemployed Comawee 120 E. 9th Avenue Homestead, PA 16120 412) 462-9902 FAX (412) 482-9964 1 9 Opp- I'll k-,C P.O. Boot 9 PA 15134 F(0AX2)894-1006 (412)084.0073 Credt Counsafas of PA 401 Wsod Siseet, Surd 906 NNt F ??18SZ'! AX (412) 3369983 800) 737-2933 oueYip SarvMe 22.212, Box 304 Evewk PA 18837 614) 6250129 FAX 4814) 62367187 OCC6 of VVesdat PA 217 E. Plank Road Moons PA 16602 FAX )(614 894/5747 kndaano County Community Action prowsm, 027'VWW Street, Box la7 trAkha. PA 1x791 F4AayX14460.6118 1`904 Mary Q Development Corp. Urn JohrlMowrt PA 18901 (814) 535-0856 FAX (8141) 539-1668 CCCS a VVgdm PA 219,A Collop Park Plaza (814) &M-6 PA 335 T?e5E@dled? Ina Sonwad PA 1/M01 (8114 (446-OM or 1-800-482.0148 FAX M) 4a.V.W I14M MM cop. P.O. Box 309 136 V%d 4th Street Ea ee ttatSM AX (814) 4860825 CCCS of Wadw PA 217 E. Plank Road AMdons PA MM 14) 941-8100 AX 014) 944-5747 COOS of VVesten PA 217 E. Prink Read AMM . PA ISM 9M-8100 FAX (614) 9444747 225 M Centre SYset Pottsville. PA 17901 FAX (M 622-0429 CC`S of Lef*h Valley, 3071 Consent Cool East VYhlt" PA ISM 610821-4011 or 800.220.2733 6M & SU o* for FAX (810) V8009 1400COCSAbiap N Ctwka StwrrY. PA 16411 670) 587-9163 OR 1-006922.9537 FAX MM 6874134(9135 31 W. Ma" SL VYMM*4 aars, PA 18702 (570 M- 77 800.9224M7 AX MM 821-1786 9 ftM 71h Skeet (570 )420y? PA 163x0 (5706 4 x980 or 800.9220537 18313 Atherton St, SUN$ 100 Slate Coasps, PA 10801 14) 230-UN AX (81141) 2363069 Commilai f on r, Oppodu* 0( LLUM 03 Amber Lure PA 18702 _ Mum-Baas. ( 820-0610 OR i-M-OMS FAX)(57) 820-1666-CALL BEFORE FAXIM (570) 465.4994 HAMTON FAX FAXq(5 ) 4555831---CALL. BEFORE (670) 6364090 TUNKHANNOCK am PerureYHarria, Inc. 217 E PW* Road Alloons, PA 16602 (614) 944-6100 FAX (814) 944-5747 LywmV4-Cinton Cc Comm For Commun?ty Action (STEP 2138 Ulncoln Skeet P.O. Box 1328 (5T0}OMMmsW326407A 17703 FAX (FM 322-2197 CCCS of Horlwaslern PA 1631 S. Atherton SL Suits 100 Std C 11spe PA 16801 (614) 23944 FAX (614) 230-3889 CA t ? era PA CA= of sum 6WOMmepal, PA 17703 FAX (579)-0668 2197 848 Norb Broad Stromfion Phil 14 M a, PA 19130 (216) 7661221 FAX (215) 7661427 wdv west C" MOM Services 5001 N. Broad Strool PNk, /7?A 19141 F21aAX (215) 324-6753 Budpst Cma066V Center 247 North FMh Skeet Resdn% PA 19601 (610) 375.78!10 AX (610) 375-7830 CCCS of Delaware Valley 1515 MwW Street, Suit 1326 Phidde*hte, PA 19107 (215) 563.5866 FAX 1215) 503-7020 187 W. AMytnny Ave, 2nd R. (215) 41ph111, 3A 19140 Mods F House MU CouncB For CoarmunMy Adv (?h hdsbhte?A 19103 5) W- Tabor Caarra * Services, Inc. 439 E. M* BVM Lw"sW, PA 17802 (717) 397.5162 OR 1-x00.788-5062 PAX-(71J 399.4127 Comrnunly t)". Corp of Frankford am" 1011110hy 4 twom Skeet PA 19124 FjAX)(215) X2012 American Red Cross of Chader AX (21 4269722 PC Na+eln8 CcwMetinO Inc (K??e ? It41Sr2r. PA 29346 PAX (820) 414-0243 302 S. Jsdtsort?ret Nedis. PA 190x3 FBAX)(8fd) 666x567 100 NOM 27th Skael BttMe 800 FAX (215) 983.9941 (610) 874-1484 1729 Edosmont Avenue ChstW, A 19013 Marshal Building CC`S of Delaware Valley 790 E. Market SL, Sur1e 216 Weal ClMSdr, PA 19M (215) 683.6866 American Crsdll Counsaitg kls9brle $43 Cordes St. CoMeevW PA 19320 (888) 2124741 144 E. Oekaa Pike King of Prussia. PA 19408 (fBAX (81dJ?2864814 -6344 755 York Rd.. SWt 103 WYnrWetler PA 18874 F? (2t?6}019J629 CCC3 of 330 MCA Street 3Y3? p 8irtlar, PA f8001 (412) 282-7612 CC`S of NorMbostsm PA , 1631 S AVM11M St., SUM i00 Stale CoBepe. PA 18x01 au) xfe-aeea FAx (814) 23041889 (814) 539-933a CC`S aVMeMeat PA 219-A Collage Pact PMza JOMalewll A 15904 AM_ gram a P.O. Box 1821 (C.onwrsefon F CaaanunNf? Action 415 Lirioob Sheet (11f10]?9 0687 17703 FAX 18702 322.2197 COCO of Northeastern PA 18818 AMsrrlsr! BrG. Sall 100 (Bay ??a8e PA 16x02 FAX (814) 238-3889 FAX {870) 3234626 CC`S a NaNeedrn PA (M!lf87?11041M $11091 7A 27743 of Lam" County Ylvenle, 31 W. ftatkat ON" P.O. BOx 1127 V{Irtw-Seas, PA 16702 FABMX (070) 821717651-800.922-9637 1400 AbirpWn 0ted>1iw Park Suitat Ckeks eumrt8l PA 16411 a7n) x67-9163 or eo6922-9637 FAX (570) 667-913440135 ??r*y 163 Amber Laws V^Ps-flans, AA 18702 x70) 8260810 OR 1.800•x22-0949 (? it.18B6--CALL BEFORE KWLTON F? 4ba-5031--CALL BF.PORE F (x70) 6364090 TfJNKfiAt41V(X;K UNDOMI. TA 1720 T1o8aM street ErM. PA 1809 614 4"44 FAX (814) 48&3749 hoc. Greater Elk Commurft Action 101+urMtw"91h Street t31e. PA 18601 1964 MM Liraoe Latta 614) 535566 Prrami CLEARFI?DCOUMTY Reysione Eewrar?a usie:tipnlent Johnstown. PA 26901 FAX (814) 639.1888 Indiana Co. Cwvmxft Action 827ogVV8ter Skeet Box 187 Ntdiana, PA f5701 (724) 485:205t FAX (412) 486-x118 CC`S Of vvestem PerrmyNenia, inc. 217 E Plink Road AMoona PA 18602 AX (614) 614) 944-8100 FAX (814) 844-5747 14) 469-4x01 AX (614) 46x-0181 John F. Kemsd)t Center. dc. 2021 Earl ZOer SksN E+a. PA 18616 FB ) 809401 WWWW Valley Ufian LOspue, kW- 2000 801 ladlerm Aver" Ferrell, PA 26221 (C41C98i-S3t0 ?eT? m ennsYA'snia, knG. FfenryOtM?tRead t7} s41-2757 AX (717) 541-4670 FOWKW COXWO&V services 31 Watt 3rd Street Y(M ) 7622-3285 17268 Urban League of Metropolitan "Amsburg K so skim 1F1 7) 23" PA g1T101 FAX (717) 234-9459 YWCA of GA Sleet CoOk PA 17013 FAX ?21 Coatearrllly Action Cavan of the 4 ARp0"Sb et (71-97787 7904 FAX (717) 234,2227 1+ CO rlej? ?N ?sin9 Ad" Oolbabue,, PA 17325 FAX (717 15f CL'C5 Or WNW Pentwitvanta, Ina. 2000 Lkgtalamn ROW Hwfbkat PA 17102 FAX (717) 5414970 Urban Leeque of MetrWkan HWftbtxg 2107 to Street 17)NefimbnNgZ34-'gp2P 317101 FAX (TiT) 234-0459 Community of Action Commission ft Capital Region Isu Do" Street Hanl"q PA 17104 FAX (71232-9757 7) 234-2227 oretiorn 646 Narb a PA 19130 Plilladolpft FR &51.1427 8M MM Brad 3ke t PHNe110101 . PA 19141 F'AX 324-11753 CCCB; of Delaware va9q 1315 Merkel 8keet,Sulb 1325 MdaA 19107 ("a) FAX (210oll-M3 ( 5) 864-2668 HIKE 167 W. A l"he ny Ave., 2nd Floor Phladelolds, PA 10140 FAX (21426-9122 Media Faillowship House 3M & Jackson sftd Meta, PA 19063 10).868.0940 AX (11101) -608.8M COOmnn?OnilyMHoullft Co1mOmor, koo- {6KWVM 334 Squar2e PA 19348 FAX (6110)) 444-8243 Philadelphia Council For Community Adv 100 North 171h Street Suft 800 a, PA 19103 (215) 7.7803 FAX (218) 963.9841 Comretadly Dowel GNP of Frv*fwd a" Ministry 4020 tom Skeet 16) 744 PhbdWk 299 19124 FAX (716) 744.2012 Mark= Red Cross of Chester 1729 Edgmo* Avenue Cheater, PA 19013 (610) .874-1464 CCCS of Ookwwe veaey 280 NoM Prowmanee Rand Meda, PA 19083 (218) 683.8665 ITS StraQard Ave. Suite 1 V"W PA 19087 (610) 971-2210 FAX (610) stn-7660 ACCT 144 E. Dekdb Pke Kft of Prussia. PA 19406 (81 071-2210 EL 2021 East ? Street Center. ? EAe, PA 18510 (814) a984400 FAX (814) 998.1243 Northern Tier Community Action Corp P.O. Box 389 135 VVM 491 Street Emporium. PA 13634 AX (11`14) 1848840826 O WCMW ahIngo n Center M _T 00 1720 Holland Skeet Erie. PA 16603 (814) 453.5744 FAX (814) 453-6749 Greater Eris Com mu iy Action Is West s o swam Ede, PA 16601 44041111 FAX( 8N)466.011 61 John F. Kennedy Center, 2021 East 20913keN taro PA IMO (W) $9 FAX (814) 899.1243 A MM O "GUW46 arc. 425 81o Avenue. Su to 950 PMWMSK PA 15219 (412) 391-19156 or (412) 281-2102 FAX (417) M-4512 2222 Street[ (Way's PA 15370 CCCS of Western Pennayk ". Inc, 1 MOM Base Squaw 02 Garden Cellar Drive GweneWM PA 15601 (724) 838.1290 Fayette Co. Community Action Agency, Inc. w137 North Beeson Avenue Uniontown. PA 15401 (724) 437.8050 OR 1-800-427-MIFO FAX (412) 437-4418 Tableland Services Inc. 131 NWO Center Avenue Somerset, PA 15601 (F'AX'(81 446-911211 443-MW CCCS O(VVa"eo PA 190, Edson Skeet OilaMonn PA 16401 (724) 439.8939 MwV*by Unemployed Committee 129 E 06 Avenue floasndeed, PA 15120 (412) 462-0082 120?1 MR VVE110propw UM-18 a Economic Coleocr SWW Peat 001109 8 $47 V*v PA 10985 4) r26-2400 FAX (914) 723-0610 IMM..rrws- I Inumhed 31 Vftd 3rd Skeet VMWPTASbOM PA 17298 (71 782-32W YWCA of Carlisle 3010 $beet CertiW. PA 17013 717) 243.3918 AX (717) 2433946 COM of Western Psnnsykania, k-912 SouM C*Me Skeet York. PA 17403 (717) $48-4176 American Red Cross-Hanover 529 Cadtsle Skeet Hanover, PA 17331 17) 637-3780 AX (717) 537-3294 CCoommm ty lion Commission Of pdal H lsu Deny arrisburg. PA 1171104 /7) 234-9757- FAX (717) 234.2227 udm Losque, of Mw"Onan Hbg 2107 ft M Street (71)234-M5 7101 FAX (717) ZM-9469 MW of V11 MOM PA 2000 Ungiestovm Road HWAburg, PA 17102 717) 641-1757 AX (717) 641-4870 Adam Co" Housing Autitortiy 189143 Cad* St. OWysbwg. PA 17325 1 334-1518 AX (717) 334.8328 TO W. ouei g Serlim R-D.#1, Box 384 Evook PA 15537 814) 623.9129 FAX (814) 023-7197 Financial CoxacOng Services of Fivildin 31 Waal 3rd Street Wap esb 17269 CCCS of Western Permnyhonla. Inc. 912 South George Street York, PA 17403 (717) 846-4176 9177 Mwb Street HurdinedW PA 16652 (814) 643-2343 up 119, 426 Mh AVWA, Oulle 980 PA 16719 1966 o r (412) 281-2102 r(A41T 2) 391.461 2 2 Momvaley Lklempioyed Corramhlge 120-E. SM AvMM 41Ho PAA 15120 FAX (412) 46249864 COMMwnNy AeMat 8wrfhweet 22 V69 H9h 8370 FAX (412) 027-7713 COCS of V14" 1 MO M1 Gift %isreponnefovania• ft #2 Owden Center Dire (?Q00121CO11660?1 f ?eftOre?! 0111 n fMiNgrlp Services RD 1,110r 344 evarek PA 16637 4) 023-9129 AX (814) 6257187 MM of Vie". Pwmq wrae. km 217 E. PW* RW Alloons, PA 18902 FAX (894)9941-6747 V0081harfiabon Office 917 MlffOn Street PA 10652 (914) 3-2343 MOM oim Penneylvenle. Inc. 1 NX6 Gab q*we 02 Garden Center Ddn ti(?4re'11b1? g. P 16801 84290 11 3ene ft Cmwpx qr Action PmW m 827 VMehr 611eat BOOT 167 k (7OOZR=4 PA 16761 (412) ? FAX -(412) Keystone on nanlc Development Comm tM4 slow PGA 1 Igo - 5901 (814) 888.6659 FAX (414) 839.1688 CCC8OfVIMMrn PA 219-A College Park Ple=a Jatrabwa A 18904 (814) 4994*W AMM_ John F. Wnelly Inc. 2021 East 20M Sheet (Erie, PA 18819 FAX (W) SM1243 CCCS of ftelern PWww1hranis. Inc. YMCA 339339 NartlnrM inglon Street Blrtier, PA 16001 (724) 282-7812 Indians County Community Action Program 827 Water Street, Bon ta7 InCowls, PA 15701 FAX4 (M) 455-5118 ?I Ari:S:'ie ? 4rrh Penrhsylvania. Inc. 217 E PNnk Road • ANDOM PA 16602 (814) 944$100 FAX (814) 944-1747 9177 MMNrh Skeet Hunftdon, PA (914) 643-2U3 18664 a 31 W. 14111W Skeet P.O No 1127 VOW84MM PA 1$702 FAX (( 17851-x00 92Z•9637 1,00 Atinolon Swoulive Pads. SUNG, 1 Barka 8 wnK PA 18411 FAX" 559 4I 1?6-9637 MOL Bar 244 2!G ?aktSquMS, PA 19348 FAX (215) 444-32 178 CCCS of Lehigh Ys9ey 3671 Oesosld Coed East WhIi htt. PA 18062 (215) M1-4011 1-800-220-2733 1 S 4)-ONLY FAX (2115) 6214832 CCCS of VV*swn Pwwavhania, Inc. 012 South Goof" Sliest Yak. (7`17) P646-41 6 Tabor Cto?1wanwtidr Services. inc. 439 E. V 8ftO LAnasW. PA 17002 FAX (717) 39C9Q-41271-1100-788-5M ML?Tirn Permeywav" let Federal Plaza-SuRe 408 Now MR Street New Ca4ffe, PA 16101 (724) 852-8074 312 CttNYwt Street, Suits 227 Meedv9N PA 18336 (014) 3398670 Stherwgo valey Urban League, Inc. 601 Wiens Avenue Farrg. PA 18121 (724) 991-5310 Mowing Opporhm*w of Beaver ? SL. Snits 207 BOavK A 16009 (724) 728-7202 FAX (412) 728.7102 FA eo>ne o ppor Cabinet of SCINY" County HoM ke Street Po tvrs. PA 17901 (W% 622-1995 FAX (670) 822.0428 Tabor Cam w pity Services. Inc =0.=06002 (M) 027-5182 OR 1-800788-5082 FAX (717) 3994127 H 3571 CrOSCaM Courl?Eatt WMWho% PA ,18052 i 1121.4011 OR f-$00.220.2733 ft (814) OWY AX (810 821-9992 EconoR+ta Opport Cabinet Of WW,ikm 225 Worth Cw a SVW Potlsvile, PA 17901 FAUX 670) $22.0429 Tf 99M 1. P4mn4yNania 31 Vit. 994rket Skeet P.O. Boor 1,127 WMkp•BI m PA 1$702 FAUX 214 ?R 1-600-942-0537 1400 fbAbington Executive Park sub Ctadn 8umm18, PA 18411 670) 687-8103 or 800.922-9637 FAX (570) 587-913419136 Comm. an Econ Opportunity of Lrotarn0 County 183 Amber Lane W%994a M P*mW muia 18702 S ) 8"10 OR 14W)0-02-0380 F(570) 829-1606-,ALL BEFORE AX FAXM(i (570) 4554994 HAZELTON FAX (670) 455.6031-CALL BEFORE FAXING (870) 0384090 Tl1NCHANNOCK EOC of SchuylM County 226 North Centre Street Pottwote. PA 17901 570) 8224995 FAX (570) 622-0429 0 TMn Pennsylvania M W. Market Slreat P.O. Box 1127 MVlNA Barns, PA 19702 FAUX 1121 821.1081-800.022-9637 (SM 1400 Abington Exem" Park SUNR L 8umm9t, PA 16411 larkal FAAXX)(57587-0163 or 0) 587-913410135 "9537 201 Basin street ((SM 3 1MV t7703 FAX (67% 3236928 (C mission FornCa uwunNy Action 21138 Uncoln Street P.O. BOa 1325 101smspod. PA 17703 (57 32&GW FAX (V% =--2197 02 S Falm" Hou4e YMCA Bug 3 339 North V bgton SbW Moft. PA 19093 Butter. PA IMM (910) 506.0$46 (M4) 2$2.7812 Phib Council For C unuity Pautiyl ". MR 10800 Nmft 1790 SUett, Suits 600 U 217 E. P h. PA 19103 Ma A 11" Aloom ) W-- ((21 (514) 9944-8100 O 947 F X 4 FAX 12'1'51 ON4941 W A (81 ) MNrfoon CmM Courhs** 1n4*u* vvnvwbmm ONks 040 Cootst St. 917 man Strut Coatsevft PA 10320 PA 19$52 ftooft% (009) 212-6741 {014) 144 E Do" Pike CCCS of Na essism PA King of Panels PA MW ? AMwton 81 0} 71.8Zio N ( State CdW PA 16801 (814) 2314M 756 Yak 11L..Sdb 100 68099 FAX (014) 2 0 VWndrOw PA 19974 ? I N F1AX (21)956$144 OWN 0 Penrsylverda 31 W. Me" skeet P.O. ON 1127 Penneylvade Vktss049a oL PA 18702 M W. Merkel 811001 (M 821488? OR 1.900922-0637 P.O. Bat 1127 FAX (a7M 821-1788 vff m*41wm PA 18702 i-800922-98-37 ( ? 1400 AbkXAw (Exam" Park 1798 FAX (670) Mi swig I ( Sum* PA 16411 W" 587-910' or $004922-9537 FAX W% W-913419136 9 South 7111 s"d ( 4 PA 18-960 FAWXO) ( 2058910 1900-922-OW Comm op Econ Opp of Luzeme M AAn*w Lane VVMW&SaFW PA 18702 467018"10 OR 1400-9 FAX (570) 020,4806-CALL. WORE FAXMG 404"4 ZZ510" FAUX (670% 4668-8:11- ALL BEFORE FAXMG (570) 9361090 TUWHANNOCK 19ot1traouNttlr ?ot?.r A1GOm "r10YNp ?=."alpwaeon 846 1lorth Breed steal Ph9 PA 1$130 15221 FAX (216) 7961427 9001N.NF-I a. PA F 19141 17600 AX (215) 324-8753 CCCS of Dtlewura vdby 190 Qem a dwas Peke, Suite 140 Nor kbW PA 19401 (215) 553.5$$6 1400 AMOon fObocu&* Palk. Su6e 1 Curb it 11' PA 1$411 FAX (6761117-01,1011 or SMM 0) 587.913419136 '9687 mmoymcomor 3671 Oa4o4nt Court t VWddW& PA 18052 (81851-4911 OR 1-600-220-7133 17) A ($" ONLY FAX (010) $2148932 movammum 31 W. Me" Met P.O: Bert 1127 VOWS-0408. PA 18702 FAUX (M W-W? OR K11-1786 19 637 1400 Abknplen tbrarxAko Peck SUN 1 Clads Sueerd9, PA 18411 2-9537 887-9163 or WM AAX(670 687 2018" steel _ (62" 323-M11 Eeonsraie Opportwnity Cebinat of schl"m County POWAVO. P 1A 7901 ( 022-M FAUX (6701 1$22-0429 MC M Community Action Owstopr1,0nl John V. KOMW Center. W- 01 W ppEE??1 f?` 1 Panrover* Inc. 2021 East 20th Shed Eft PA 16610 41b Sleet 7 O Nmts0 % PA 19101 2000 Lingitit L" w Road (bf4) 029-0400 610) 2774x63 PA 17102 7 87 M T FAX (814) $9x-1243 FAX (610) 277-2123 AXCP ? ? 70 Nwt m Tier CoffoMx ly Action Corp P.O. Box 389 136 W. 44h Skeet E 489-. PA 15$34 (614) IM FAX (914) 486.0925 Pinaeh?aarkporp urvan League. inc. 801 1lndians Avenue F", PA 16121 (724) 901-5310 CCCS M DWWAM vww 1515 Markel Street, SUM 1326 12 akf56MM 19107 FAX (215) 864-2666 Community Housing Cokm"ors Inc P.O.9ca 344 Kennett Square. PA 19348 FAX (215) 444-8243 Fi WKW CM"Ny 6wvtoes of Fro" 31 West 3hd Sleet Waynabore, PA 17288 (717) 782.3296 Urban Leagw of Met opo0tan Hwfwmg 22107 Wft Shell HsWA". PA 17tOf 17) 234-5925 FAX (717) 234-9459 on OWN ,: 917' Street (814 3 16852 YVMA 301G? Cam", PA 17013 FAX (717) 28143 3946 Comnwr * ACftn CorwdsW0 of 15 4 Domy Shaw Hwrbkxo (71 7A677104 FAX (717) 234-WT ?2'apasfin PA M30 ( I TO, 221 F2AX 015) 786.1427 SUVICS Wft- H &oedze?a 5001 shook MMadelphl PA 110141 CAX (215) 7324 753 1516 VmW SR&* Sr 1325 PWMdalphde, PA 19107 FAX (215 ) c ccs of Dobwsm Whey One Gerry H6, 3dw 215 Onay ? m MACE 187 W Absomry. 2nd FI 21 SPA 18140 FAX (216)426-9122 Hou*q Assodadon of Delaware Vaft ism W46" Street, 3ute 601 PhNadolaMe. PA 19102 FAXG)(2115) M9132 3 WIN PA 19063 FAX (9619687 Hotieft AsaodoWn of DoWa m vww ON "am VW4116 PA 119 (218) 8744=4 AX (2161786-7614 PCCA 10900 Norm ITM SVSA$uho 800 MMKVp1 PA ISM FAX (M) i my-7603 9941 (Z Cum Derwt. Corp of FM Ward c 400 ootirbMWANNY ome Sbett (21PIr1?M?is 19124 FAX (216) 7442012 Ameiean Credit CounsWft kva Wte so Ce" S( CoeWWb A f9320 (186) 212.6741 144 E Deketb Peke Me of Prlrasta PA 19408 610A71-2210 510-971-2210 755 Yak Rd, Sues 103 Visnsknler PA 189'74 FAX(215) 958-0344 f 31 W. Msrset Street, POS 1197 VY6kes4MM PA 18702 (5M 821?M? FAX (570) 821-1T?8d1-100 922-9637 1400 Ahkom ExoCUiva Park. Suss 1 Cbft &OW N PA 16411 ( W4163 at 800-M-953 FAUX (570) 567-9154N135 7 9 Stub 71b Suet SkWd*n PA 16960 VAX 20 42 2-8637 PAX (,8x70) MMUMINIft Ackn Corp. 136 Vftd Orr $weet Empodlse, PA 18634 (614) 466-i161 FAX (814) 486.0628 24TU RNt1 rMeat rr/et RoWN PA 19M 810) 378.1866 FAX (810) 376-7890 K Cu t C Ad" sdxn6iN Ewa 225 Sk" Po0sv11t, PA 17801 ( 022- FAUX (670)1822-0429 CCCs of Weaklrr+ Pereeytvarris, bm 219-A Cdbo Psrk PMu JOhnolaw n A 16904 (814) 539-6336 TwMow d SerNas Inc. 538 f=eet Main Sbeet Swww t, PA 16301 4464M - FBAX)(814) 443 0901-600452 0148 UMMIUMORRIMMOMEM Penmomdo, MM M kom MMOA rs PWk Bulb 1 CMtlts Sunset, PA 16411 709 687-0183 OR 1-600.982-9537 FAX (57% 6874134 9136 31 W. MR" SL VMb %430N PA 1870! FAUX (SM 821-17r 4224 ' no TWO Cerro Cl Nn6ressWn PA 185 Ek*b Sheol. P.O. Box 218 Y my, PA 10947 570) 297-2101 FAX (670) 297-2709 Co G*MM BtreM2799 Box 399 FAX (570) ?W/u CCoonwrjuim an Eon Oppkmily of CCL 163 Amber Lem VVNkas•Batrs PA 18702 (670)((828-0610 OR 1-800.622-0369 FAX ) NO-105- BEFORE FAXMG_ L 7 45549% TON FAX (6104) 456.8831--CALL BEFORE FAXM (5M 836.4090 TUNKHANNOCK CCCS of Lefth VaW P.O. teat A VYhMMI PA 18082 ( M4011 FAX (810) 8218932 Inc 20 pL?k*p,N &M RON • c 17) 30-F1757 7102 FAX (717) 341.4870 Urban League of MelropoRm Hwddul FhaMbreq PA 17101 17101 17) 641-1757 AX (717) 234.040 Ca mnuraly Arlon Comm of ft Re?on 15 4 lkNry SYeet p1-W5i7104 FAX (717) 2!34.22277 [ y Servkes ul? I M, WaS , Bar 384 Everett, PA 13537 (814) 8234129 FAX (514) 623.7187 Bsdbrd•FOM Housing Sarvtces 196! Mary Grow Lane Johnstown, PA 15901 FAX (814) 5391888 1 lint Gaie'uquarePamsylvania krc 92 Getden Center Dr" Greensburg, PA 15801 (724) 838-1290 17 Crewon Street V*ftboro, PA 18901 724-6763 F (5M '? 931 Maki Sbeet Honesdsb PA 16431 FAUX (570)2283 817 1031Mrmm sw*K P.O. Box 709 Tunkhwu odt, PA 1.8857 FAX 70) ( $304M 38332 7 Lake Avwau, Box 339 A&MVM, PA 18101 (M (8 = or I-800-982-4045 FAX 278-IM 7 Lake AVOW. BeK 339 manYwe, PA 18101 (SM 271+M 1I-900.962 4645 FAX (SM 10 MP1Wk SUN$ 1 Claka 3leanrM. PA 18411 FAX (570 fi -M?f? 922.9537 31 W. Maiet SL VIIMre?8er1e PA 16702 (6M 6214687 or 600-982-9637 FAX 48709 MI-1788 The Tmhsb Cain at Was" PA INMxire 84real. P.O. Dar 218 T? PA 11047 207-2101 FAX (670) 207-2799 GMM Skest P.O. box 300 FAX FAX {570) 9284144 17 CMftM Skeet V44kbom, PA 18901 FAUX (57 0) 724x783 931 Mtn Sheol Honesdale PA 16431 (5 263-8041 FAUX (570) 283-4617 103 w mn Street, P.O. Box 709 (T+?urnichamodn, PA 18657 FAXX)(570) 3M4= 7 Lake AW". Boor 339 Mwow% PA 16801 FAUX (2764M or yCan r (o$nICCoo}Cumm For Cora Acgon 22138 Lk1C01n S6090P O. Ban 1328 WMeesMpat, PA 17703 (57% 328.0617 Ax (717) 322-2197 1400 Atnk Ow SOCk ea Park. Buw 1 Cleft SwomAL PA 16411 MM 817-9103 OR 1.900.9Q?MW FAX-($M 687413N9198 CCCS of Wash m Psrrmywwft Ins 217 E. Pksir Road AleaM PA ISM (814) 9448100 (614) 944.81000 31 W. MOW SL V%kw4 m PA 18782 57% W-0637 or 400422-9W FAX ('370) 621-1786 The Tmhsb Conn of Not10resslMn PA 185 Ektra Skeet, P.O. Boon 219 7 PA 16647 297-2101 AX (5709 297.2799 Gomm SbeR, P.O. Boa 380 FAX (570' 217-2799 FAX (37792 0)8 92884144 17 Cndlon Shat VYSNabaro, PA 18901 F 144724-5783 931 Men Street "mama PA 18431 570) 2638941 FAX (870) 283-4917 143 VMM Street, P.O. Boor 709 Tualdfsmock. PA 18967 FAX ( M4WM 836.8332 CCCS of 120 6 $"Isrrr PWMVA efa 1410 Ati4W 804" Pant &dM 1 Clarks 3iar»r^ PA 18411 87% 6674188 OR 1400471-9537 FAX (M 58741340136 31 W. Mnket SL VY1ree4err4 PA 18702 (M( 821-0837 or 600.922-9637 FAX (670) 821-1786 201 sum Sk" VlWaraspod. PA 17703 FAX (570) 323-5828 MMNA1104CQUWY CW,W K LM {ianelKNOW A000n 18 Vfts1 9TH 9bset Exit, PA 15601 FAX)(81 466-0181 JoM F. Kersndy Center, Inn: 2021 Ead 201h Shoal Ertt, PA 16610 (814) 808.0400 FAX (814) 8984243 0= of W"Imm PerrayMatla, Inc. YMCA SuWkvg 339 Nw% WOaOftlon St eet Odor, PA 18001 (412) 282.7812 DOORW T. 1720 HtM<fld Suter Carper Erk PA 18609 814) 463-5744 AX (11%) 4533749 GrMW Eft Comnu* Acftn Common wee am Street Eft, PA MM 814) 450.4581 FAX (814) 4584181 coun"s Eooflan$c Oppatirlby COM 1289 Penrsylvarfa Avenue. VVWt P.O. Box VVlsrerL PA 18396 (814) 728-2400 FAX (814) 713-0610 M 4Z6? PMsbrr . PA 15219 (4A12) 391(412) ?40124t1) 281-2102 COMMN* Acftn l 22 Vftd FMp11 8Awet PA 15370 (12483 CCCS of Waslem Paw"Nanis, Inc. 1 Notth Go% Square *2 OMrNn Cwftf Onus GmnWtiur9, PA 15801 CcCS of vl"wn Pe ww*ards, inc 63 H. Co1Ngs Street PA 15901 (7242-MM 18eretrtl?° 8?ats`, Inc 113?s"'9 MdOwpost PA 15132 412) 1610 FAX (412) 664.0873 MWVeMp lMr mpww COnstAee 199 E 961 Averwe Owed" PA 18120 FAX f4i 2) 402.0" Csedt COuradors of PA 44M Mold, BUIeL Suits 906 P*Aws PA 10M 413) 331114M at 1(800) 737.2833 FAX (412) 3389963 1400 EmVA*A PMk?Sule 11 CMdtt SUNIV1M. PA 18411 570) 687-9169 OR 14MV22-9537 FAX (670, 3674113699136 31 W. Market SL Wrrooftire PA ISM $214107 or 800-022-9M FAUX (670) 8214755 9 Satoh 71h Street Strald PA 18380 F4 4204M or M922-037 OM 4204MI The Tm*ub Cenw d f xftmMern PA 185 Ek" Street. P.O. Oft 216 Troy, PA 16947 5 297-2101 FAX MM 297-2799 C.*R an Sheet, P.O. Box 369 FAX (370) 297.2799 370) 92891188 FAX (570) 926-6144 17 cmfton Sbeel V%kboto. PA 16901 (610) 7244M FAX (570)12+5783 931 Main Sbeet Horleaddo PA 18431 2534041 FAUX (5M 2534817 103 Wanes Street, P.O. Box 709 (T8wikhMmodt. PA 18857 FAX-(570) SM 6332 7 Lake Avenue. Box 339 MotWoW PA 18801 670) 2783338 at 1.600.962-4045 FAX (6M 2761889 V=. mesmoom AGM OL 425 8thh Avmn. Soft 960 PlkbWO. PA W8?19 FAX iz) 1391-4 or (02) 261-2102 Cam AC11ort Sou9iwecl 22 Weser 1 F $UeN Wayr1<WMf. PA 15370 (724) 882-2893 C= of vftswn Porumover", 1 North Gdo Squffs Inc. 42 Oardon Cenbr Odve t7240re mobwg. P 15601 11384290 CCCS of Wiestem Penasyivrrla. Inc 199 Wilson Street Wilonlown PA 15401 (724) 431.8939 H0LON OpporbrAles, Inc 133 SOMAS Street Asspoit PA 15132 (44112) 804-1500 864.0673 MOs-VaMay thlearp" COmmltt e 120 E. MIN Aveew HowssloW, PA 16120 F4AX ?(M) 402.440 kldilrrs Co OalnN * Add PMVM 827 Vf w skeet Bee 147 Yldhns, PA ISM FAX emwn cs opporm* of PAX-(724) 4W5114 KeYMWO EMMOk DWMOP WA Capomillon I Gn" Lam ,khrltlOSrn, PA 1'3901 539.166a F4AX )(614) ? Tobkland Servim br- 595 East Main SbW Soalanet, PA 16801 (814) 44114M 1-800.46241146 FAX (914) 44336W Cr*A CoumMm of PA 4111 VVW Street. Sulk 908 PMskwgk PA 15222 (02 (41 4104 of 1(S" 737-2933 Lnxerrle Co 183 Amber Lane W*n Bwre, PWMYWants 18701 FAUX (5 $29-OR 1M ?F03 FAXWD FAX (570) 55.Wl"Al?-Cr1LL 9EFORE FAXWG (570) 838-4090 TUNKHANNOCK 1400 Abrgbn Perk. AMM 1 CMft &6vm M. PA 18411 FAX W% W-016S OR 14004122-M 687.1134191 7 35 $1 W. Markel SL VA1tes.8rete PA 18702 (610)(7 X871 922.1637 FAX The Tr" Culr of 1 im weam PA 1116 F.IrOMs Strssl P.O. ON 218 T/PA 18947 (AI 297-1101 FAX (670) 297-2799 Grm<n Street P.O. Box 389 FAX(670)297-2799 (670) SM4110 (57 144 17 Cmftn Street Well"o, PA 18401 FAX (570) 7245783 931 Man Street HWW$dale PA 16431 570) 25341941 FAX (570) 253.4817 Jos Worm Street. P.O. Box 709 TuMdwxrodt. PA 18857 FAX)( 838.8332 7 Lake Avanw. Box 339 MO Mross, PA 18801 FAX (SM 276276-M9 6oa9eY-404s ?nn?i n aa'?'doaa-Fiarrowr Chopow 5 CodMs Sbeet Hanover, Petslhlvarlk 17331 (?I 631,Vu AX (7f F mm*e Comd at York 116Nari Gsorpe Street York, PA 17401 17) 864-1641 FAX (711) 846.7934 CCCS of Wasbm Pentlglvarris. Inc 2000 LkVftbm Road CCCS Pornsylvsdo. One ?d a m? 912 SOUR GWW Street YO K PA 17403 (717) 848-4178 Adana Courey Holum" Amloft 139143 Canto St GeWsb" PA 17326 (711518 FAX 017) 334-8326 Exhibit C TL berty Bell Agency, Inc. 701 Market Street, Mellon Independence Center - Suite 5001, PhlladelWa, PA 19106 (215) 625-3660 o FAX: (215) 625-3689 Wednesday, August 20, 2008 FORECLOSURE REPQRT order #: LBA-0809433 THUS sEARCH covERs Tm PEwoD To: 08/10008 PRZMXM 9 Hill Road, Carlisle, PA, 17013 ?AACRLMAU(sk TAX AUZSMWX T * 46-494MI-019 2008 $239,310.00 OVft=o)RZWR a Steven R. Davis, single by deed from Raymond J. Moneta and Came A. Monte, husband and wife Dated: 3/15/06 and recorded: 3/16/06 in Book 273 page 2818 sMERAL LUM #2008-2540 4/21/08 $10,053.06 -vs- Steven R. Davis U.S. Treasury Dept. 96 Winchester Gardens Liberty Avenue, P ittsburgh, Pa. 15222 Carlisle, Pa. 17013 HANKRwn'1' M& None of record DELVWVff Odinquent to= and tau ctahM if waddle, are slow, heraaier. Poewdbte add Liam! tax dd rgmWn may wdat, but TA3=: may not be mft avaUWft CaWcad ms and to be obtained to de Knft whWw ouMar dit in obligations eoafst. 'rALLmNm None of record MoaITCACn: 2 of record $360,000.00 Steven R. Davis To: First of America Mortgage, a division of National City Bank of Indiana 3232 Newmark Drive, Miamisburg, Ohio 45342 Dated: 3/15/06 and recorded: 3/16/06 in Book 1943 page 2353 Assigned to: National City Mortgage Co. 3232 Newmark Drive, Miamisburg, Ohio 45342 Recorded: 7/20106 in Book 728 page 4593 $90,000.00 Steven R Davis To: First of America Mortgage 3232 Newmark Drive, Miamisburg, Ohio 45342 Dated: 3/15/06 and recorded: 3/16/06 in Book 1943 page 2373 (Re-recorded: 1/29/07 in Book 1980 page 3976) Assigned to: National City Mortgage Co. 3232 Newmark Drive, Miamisburg, Ohio 45342 Recorded: 6/29106 in Book 728 page 1937 Assigned to: Residential Funding Co., LLC 8400 Normandale Lake Blvd., Ste 600, Minneapolis, Mn. 55437 Recorded. 2/7107 in Book 734 page 1211 JUDMINKT& None of =oW Lbeft HN Apn7, I=. elfurm !less Wma fewu as Dora rpoa tae eaaauoanow a m mew mom= ® = appopnw pwwa coaaas .ac m wvfw awvnr< a+p?.. W pymeat oftbe p = of d& Mw aebiray bareneder, in an arms r at aroaediagl I= "am is armed by Lbrty Ban AV-7, Lc. -MY in its e9-4 as m abatraeea for la neaNee m a&tW as or ombelae, wA ody J r do time period aaareI I Tbk roput dean ad a eftft title lnarazaN wow k k an " Idwnwto Mew ude Mrlrawoe. TAM 1"Wre abaa fm be aaad In a rd obte or Was aeukamt or dad* & as peaaBM edMmW pbae ecei may and to be enrolee, and addtikwd Iequhmaata may be added to tik report Page 1 of 3 EXHIBIT 66 6 77 Steven R. Davis, pro se 9 EUR Rd Carlisle, PA 17015 Telepbome: (703) 728-0964 National City Mortgage Company VS. COURT OF COMMON PLEAS CIVIL DI'VI3ION CUMBERLAND COUNTY NO.08-SM CIVIL TERM Defendant Steven R. Davis CERTIFICATION and RESPONSE OF STEVEN R. DAVIS I am the Defendant in this case. I make this certification of my own knowledge in answer and response to Plaintiffs filing of an Action of Mortgage Foreclosure. 1. Purpose: I make this certification to file in writing defenses, objections, and counter- proposal to the claims against me. I object to the Plaintiff's requested ruling and respectfully ask the court to consider alternative remedies to the dispute based on (in whole or part) the information contained herein. 2. LMK& Jeo : The Plaintiff is pursuing the same action of mortgage foreclosure under two different civil terms with two different retained law firms. The two civil terms are this one: 08-5792 and one against which I have already filed objection and defense: 084575. 3. Mykout Package: Defendant submitted two workout packages to Plaintiff; but because of Defendant's current financial picture, and Plaintiffs internal rules; the package was rejected without thoughtful consideration. 4. Pfanerty for & Le: Defendant continues in good faith to maintain the property in show condition and actively on the market for sale. Page 1 of 4 5. Ctarerit United States Finarrciai Lgg&dW: The US Financial picture is dire. Consideration of alternatives to foreclosure is a social responsibility as citizens. 6. ar hi . Exhibit B is Defendant's Personal Hardship Letter to Plaintiff dated 20Jun08. Exhibit B discusses factors of Housing Market; Post Divorce Decree Litigation for Visitation of Defendant's boys; Post Divorce decree Litigation for Child Support of Defendant's step-daughters; Medical Expenses; Employment; and Fuel Costs. Exhibit B explains how the dispute between Defendant and Plaintiff came to be. 7. Prior Prorwsal: Exhibit A is Defendant's Hardship Assistance Request Response dated 7Aug08. Within Exhibit A is a detailed plan which results in the complete ? disputed amount paid over time to the Plaintiff by the Defendant. The plan calls initially for a lower monthly payment with payment amounts increasing over trine and in the end exceeding current required payment amounts. The plan enables Plaintiff to show a profit rather than a loss on the property stabilizing both Plaintiff s and Defendant's financial outlooks. This proposal was not considered by the Plaintiff based on Plaintiffs internal process. j 8. Realistic Alternative to Forgdjosare: Exhibit C is Defendant's Home Retention package submitted to Plaintiffs attorney for Plaintiffs consideration. It is a more realistic and accurate version of the Defendant's Exhibit A prior proposal. Exhibit C yields considerably more profit for the Plaintiff than even the original mortgage terms between Plaintiff and Defendant. Exhibit C results in the complete disputed amount paid over time to the Plaintiff by the Defendant. The plan ells initially for a lower monthly payment with payment amounts increasing over time and in the end Page 2 of 4 exceeding current required payment amounts. The plan enables Plaintiff to show a profit rather than a loss on the property stabilizing both Plaintiff's and Defendant's financial outlooks. The bottom line of the plan is that the Plaintiff receives the total requested Judgment (on an alternative timetable) with profits in excess of the original terms. The plan in no way denies or prejudices the right of the Plaintiff to file any firture Action of Mortgage Foreclosure (especially in the can of the plan's failure). 9. Request: Defendant respectfully requests the court consider the Defendant's proposed alternative and if acceptable; orders of the court making the proposal actual. Page 3 of 4 I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. I have mailed a copy of this to the Plaintiff's attorneys. Dated: .C.O?' Steven R. Davis, Defendant Page 4 of 4 ?X?G?? N4 ? R om WOO Loop 9 tw PA 9W.lw R Gard Pf jjW6 -two CA• ioow* 1600ral ow 690=0000 *14 twiassoo go *Ad sowsodww* at $a "woo, a? . WOO sWAO "* Zofs snnoo logos NCB WAWA WOW saw" it s Fi?p "? t 4 3 'ism 0 iiAGiO.90, $00 M?+ t 210 0. .Oa Nd 1010 , 1Rlb AO i tajoo ! 1014-00 1 1N?'?4Ow ?? ?? tD?'?? ?? 00 43AEOAp In 1JM? * to an aw Mfi t 'Z°f 5 wrAM6 R DAM ?. ?G Low t uw- ? ? ?l?pnP? swimn "Q ?? 19 b? IWW I*"W d s.6. 10.0 + aWJ w vato;woo- wpm"" $MAO ,Vol ifois. eow 10 my an iow" ,"prate ??'?' slams w? t;MAr v°r' .??aaoa 1. 3nfS 81 aDo 81awn R I ww" 1!=I= s1.00 wala&W on 1Nwl4. ,, 9w d WI4A0 my mt* `, tnai?IN d ?M +oitrld w? vdd b??' raduob+0 ?? ?? by 817=08 pip 4 of S 8ieren R Davie Re: NCIiMC Loon Mxnber 00046!12860; HwdW Atala wm Raqued RaWwm 8dow M rtiywnerwrt walaohaaton iJanil, ahaq a booaN and anaiQge p?rwMe cn lim i" moe?apad s3.dll0A0 rnanMely and an ris Z"' d ?'r00d02 mar6N1?- 81? iJanio. my artd last om on vWme 1 peydgd aupWM bo wtr 4 M I fak oft my aapanaee by vlm7 10 og r 0-10 1ptlon I ho.- I lNpelrae [ 0" Flaw S26i.00 PMaes ootNad me w deNr?- at 709-728.0004. 1 d" you dnowely br your co miderelbn d ft poop m - I ?1i¦nlt ?? 8/7r140t Page 5 of 5 ?x?"?'?? SMvsn RD" ft NCMC Loan Number 00040MM Pr =W 1 hmdMdp Low Slswn R Davis 0 F! Ad CerW PA 17015 20JurOO NaiotrM CNy Morfasae Co. Aft Homeowners As hlanoe 3282 Now in! Ddw IyN mbWr2. OH 48M Res NCMC Loan Number 0004682300; PMSOrrsl 1 to dd LoW Item m ip 11 erord sersrsl IradM*ps #W aoNso6 ob tow Mtsolsd my M wit M sbMty b matte rr0? mMpfaA payarerrL This hirer w?iMr»rit hardrhI inwtnmwyfanm w d pro0aae a wloofrtpiacelrtMs3or'rawilcrbh drle.Arrrarrt firrMroiMe?ralbn: Alto, amt of my oAerb pwvhwo to hmw In M my Uft the hme ft mood my. rem i I ble a of ttf?4ft :Wlq Kmt Ct. Asslar. VAvm boomfmp. *ovo somre arwoipalyd a bubbM bunt st soars pobrt. aft atom shows ft p+opwIN peak %*A h Jw=tM deopplnp off siNrrMq?¦wy $w aft l dd net n ft i wft s1 the pask *W wft* Md s quick sale norew at fie hMrre. MlMrad. to bubble bwd haulm no saddl vM 4 m a lgaass (2 per I was able b use my prwlouely'good .as* end *.ado for a pedo¢ of tame betbrs I had b ererouNy deolwr Chaplet 13 bo*uptoy-h wldd 1 sunwWWW the pnopwty. dwnos dea?w bit ?w?delhttlotur far WM bom myruMVNle ma?Mrleee rafcrMd bfeiNoNr•ihe deorte. ! pursuf+d neNef than ffe oourlsr wMotawas bpraw arcpwrrhMe and wrnwa0y Nr?iiree.!deriot eke myboys nruolr„ Just a srrrall tkaollon dfr.frne adMed byfre WW I hahi ele futbrr.fwidr wNh which b %M the WO h foe ieW syelwl Mm 200ti fhrao present fie wet - old some $0.000.00. Deepllehw ft both a properly sMbernerk agnsrnerK smd s dNora? doom Millt srydioltdsAnlNone fbrdAd suppotand swmW oout ardefi far support; mitwM?e and ! >riqusafy fatb raoNw flre•!lf00A0 par mronft sfalpott Norny two elrpdsurlfMra. The Chl3 barrnpbyfllrrp In Aprl of2007 wrs bawd an rri e, i I I on #600?a1 per mart, rapport f? doMreowes y? oupq?orth iM.000A0 In rcrrasre. Mh hest paid a MU 004 DsepNs haiii!gi araieNwK haply ft M=foam try wri?rloyar, NoAMap Oruriraan; beln j.o f#M*.Gf Ak we haMe W u awM aatof M *A madoM se8rwress. ?fre a?wrope opa of aredio - cutof pa". ft h a OM 6 A vo w upwrds of On top dthls tact art out dpooMst srpwMN ferflraa n or MalOWI our f My has srywisrroed stet foe kMt year. F.aoh dfNefa sirlr0irles MVod laapense lhom id00 b 0000 In &A of podst owls. We arnwrfy owe carpe IN -M sawad" rsrpaid loom Mnot fMnp our AprOT Chl3 bw* uplcy. Our nil fortwu ft was one h ~ we Nand drools b hems me omwou some 240 airs rasrd-trlp an a de y balls In foe new farm boar I oould find Ow work dash b !rotors. i *m suooo=U in Auaid 2006 In smouh@ e.podSon YAN Mr'*w owgalytMMoh reduced ny W mund4dp oomvmb by 40 wAeL TMs wM coi We d by us b been inlrrlm slop b an o m d orlm omowb and foe Job oppo kaft owue vM s &w4 p m t0b afwodch, cut df 'hw W (which did mot mrMNMinsk 1 have been h an aMo Job swath for more tram tM yews and game% Marlow wary otter morMh brow opporlnn>ly or wood a Aawarar foe , wft of my sogrerfenoe in c leaM d erwkonn sods eerrrrpled v Mr my bed croft hive chef fhe 7nMAN Palo 1 of3 3le4art R Dwls Re: NCMC Lori N odW0004lfOi M; Paso Hudsltip LOW door on eewrai q*wkmbw whbh could have pk &ed a Igi Mm - I role in resolft rie oxrant Min ncW able (lost a possbie 33% W ri - e 1 In salary duo b this). - aMLgjW Bed credit hes looked no kft rryoatertt vd*b of a tsatlo ToyotR4Rwnw, We vrMelt amass my day qes setpwWkn b be 11 gaNarte for saerywwk day 00 eotwdul * My ct?wakera dtotigltt i wrs ovrlt+eeNitelkq to cod gas when bokittg star homw&wk maW - nri soNv le wes Just in mews pdoss should aver go as ttijph as ILMISM...W aaNitsltid nummy of $4AQW M t wmofor nMpootoad *om work misool work kh hasI was SOK= par mordh. At m, OO perna p allgfight t popoet a worloout plan option a Irsep the homelbmn !mesh! m As disclosed In ltte iktartclM rrerlatteet there isfNNti leeway. but #ter?t la serve. A mOtNiOaMon b b t >ht deNrtqurM arrtotxtM b ills Mtd dlitti porn and a ilorberarta perbd ktltelly d two yore, WMowed by subss*wd nolft ktaseaess; if sooeplible aoitld be poesbio. cm Support is bsglrxA Ig b reach to for fltp gW rirato dAd support teire. 11s Olws $000.00 i matrtNt as indicated kn the fktertoUd O t aurae. l haw taken s Ons perwly In aw aommtrie %%wk In wderb beaver OmMrol Act am& Wi we wtpplrnertiktp our Woosry bMs wM home We= vegaNdea Ina an the property. Wo scaMrgt form iiewood><nxrt htee trhtitre and bum durlrp the ?r b q down IteeNnp aodL These iweetxes era dseigrted b keep our budget does to beNnoed lotr now. I propose to irnpor's1y zero the 2r4 nt %,, payntertt urd such line n fhe t+l+et dthe btdgd parmis payrrtertt. I prtopose b add to dsllrtqua t arnount b the end of tht Im sralendirtp to terra. 1 propose b lquldm%my4OlK pen wwWy to obldn Awtds w1h Widch b payoff tlw Van and 4Rtxww g1Mng $100.00 per rti&O bads ktlo our mperaIM budgeL l propose b pity rile !(600A0 per mtonlr b NsMor1M C1y an ris fiat ?rYnery) ntaigega WfMt f1w wtatnder d Ott !wide l plan b pudim a (used pas sMokrtI model)vsMO b redraw ftel comps by 30%wW b pudws a wood sbw to on greater dMftwy over the f#epaa for our heat cost roduolon pmt 1 propose itwt at the ertd of a Wa year period or paritaps soorwr deprtdlrp on ckaxt Nrtoes and s dMtt M pad down b 6 ,,% m recloom% the err=A paid b 1M fist tw t dads MW at vW *w and ae?oora is it bat! him weer eftw 1 would rtosunte piykq the rttalgage sft N@WW My is saNaNd aft prn1p -1 Mort dft fiat mrlo gi Du*q the bm)- ¦r redtrdiort In in lgtips piyi a,1 in !00M par anortltC and for Me tkrte bsyortd fhrk i pwpoee aoriwktp b MseP 1w hogte an tIM ntrkstta sale h an etNort b re- coop Nw baNta hvwebttrtt h fhe fkst arm aeomtd morlptgR Thfe Wetrld bt ar last option logo the hone and ply dtNte ma"ee in f i, aid perhaps hataarWo h* awr b Amd a mwve dtwar to rmywm% and ply deposit on a r W how unM reowwared ftm bad auk Mh are !skip lnmy wMe's sutler ln fltieooertkq momlte in om b prmild hwfbrrtily support and d0elpm e In seedtrtpe for help mM pile mmtgege. Once she is 1-1 -N - - - artd employed in Me area (medical lipid) We eeM elm she may be obit b omibtrle as much as $000.00 par rrtoni>. O1wr debt peyOlf and oarwpoidkp ktrsriee lnftxt¢s b NGIrIC ere shown lnthe table on the neat page, which !self is a reaps tt end aawervaMw plan for Unmeiely to tole) payoR of bolh the fist aid w rmn,' ilatbrtgse. 7/141200!; Pogo 2 of 3 Swm R Davie Re: NCMC Loan Mmd wr 0004582360; Pwrwmrol Handelrip Lotter oW TOM per DNes Amowl w moatlt 5oaree Adfto" n ? lot 2nd Budget ellb"? • foci Presork nie No nla & food am moduaft sle6llee pro6ran % d4d oupod 1 wu ? b00 00 500.00 0.+00 L"d? J in . s?ub bens Joni I ftu 500 00 1000.00 0.00 Rorder Nwrd cost AwI2 . melt tlftu 510.00 1510.00 0.00 saftwu 'y .1an13 twu Oot14 771.00 2202.00 OAO Aub Loan Payoff Oatl4 wu 7!!0.00 2416.00 618.00 1st dild owe Dwc96 tttu 2nd aria now end of 750.00 3080.00 700.00 "d erna roi im r < This pion ire the UhWd ipe of preeWft tw pop" #ftug t our sweet *** Up i Il i on hwo -jok n@ ,- a . end tend aw& Oom*@lon of UN props ft nedixiee the risk of rrisrai deosy and vwrdalNrn of tie popwiy. pwrqlir bwft inaesi m In lens of m bim6khq to best Paeebik populy.welue. &Mh on advwrgpe carrot be nea +ed ff f w horns pose b foneotoetasat a bis h prollt fgrthw trwMlor. The plan sl m for NCW b raefhm pwW ude in as elrort irm grid fo111iaode h to ou"". TIa dlMtlrarMa0 of tie plan to list k Is not what wee ataeod b criphdyfor riat I am wary and wa k floe to da?as rniroh as I poseilaly an b nieha arrrsrrds--tra plan can do that otter time. f itierdc you wlraey for your oonsido df of this propoeaL Tho*jYft jT9iiw 7114rAN Pqe 3 of 3 ,?h,?? C October 31, 2008 LOAN RESOLUTION PACKAGE STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COM AAN,Y Loan No: QM Name MM R. DAVIS Cumberland County Court of Common Pleas; Numbers 08-5792, and 094575 1 HOMEOWNER PROPOSAL TO REMAIN IN THE PROPERTY STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 Mortgage Lender: NATIONAL CITY MORTGAGE COMPANY; Account or Loan number: 0004562350 1_, ANA 292 CM0 Please note Federal Lien #2008-2540 vs. Steven IL Davis; 96 Winchester Gardens; CadisK PA, 17013 is incorrect I am not the some person as listed on this lien; I am current on all taxes. Please let me know if you'd like to review my taxes so that I can send you a copy (please indicate which yeas and federal, state, or teal; and where to send). We would like the fonder to modify our loan. We can make payments of $1,100.00 per month from 1Jan09 thru lApr12; and payments of $1,610.00 per month from 1Mayl2 thru 1Mar13; and payments of $2,380.00 per month from lAprl3 thra lOctl4; and payments of $3,130.00 per month from 1Novl4 thru 1Dec18; and payments of $3,880.00 per month from 1Janl9 thru completion of loan payoff with last payment estimated to be on 1Jun37 as portions of the payment atinbutable to escrow vary through the life of the loan. We can make an upfront payment of $1,100 on i Dec08; but prefer to make an additional payment at the and of the loan if possible. Please reduce the interest rate from 6.75% far an interest only ARM to 6.125% for a 30 year fixed rate re-finance using an amortization model. Please increase the amount owed such that the outstanding principal of $358,962.29 and the outstanding per than interest of $66.38 per day far the 550 days from 1Jul07 through 31Dec08 and also known as the amount of $36,509.00 are added together to form the total now principal or amount owed of $395,471.29. With the understanding of our available funds for payment and using a flat monthly escrow rate for taxes and insurance; we provide the following estimate of fimds paid at the end of loan lifetime while realizing this may vary but only at an increase in profit to the lender as term of loan increases to compensate for T&I increases above the flat rate used for the estimate (which is today's escrow rate): The proposal; if accepted; pays to the lender the following: Principal: $395,471.29 Interest: $586,265.07 Term: 1Jan09 through 1Jun37 As T&I increases the term may increase with a resulting increase in total interest paid to the lender at the fixed no. All is negotiable within the available funds illustrated in the payment schedule. The home will remain on the market in an attempt to settle the debt sooner if possible through sale of the home at a price to satisfy mortgage in full. Thanks for your consideration; Steve Davis - C11pir, ignature of Homeowner Date: 3????? Servioer Loan Number 0004562350 PropertyAddrees 9 Hill Road Carlisle, PA, 17013 Is your home Noted for sate? Ye* ) No() Ap ds Name: Inez Gall & Janet Yaw of Kehr VWiams Apenes Phone Number.. 717-386-1196 Borrower Naas STEVEN R. DAVIS Sodat Seaft Number MWft Ad&m (0, Street, Apt) 9 KM Road Mwlkrp Address (caY. Ste, aP) Carlisle. PA 17015 Told number of persons living at Oft address: 4 Number of dependants at this address: 2 dome Phone: 717-7767798 Work Phone: 703-728-0904 Co-Bomewer Nana None Sodal Secm* Number M@WAU Address 0. Street. Apt) 1%ft Address (Cfty,SWIe.Mp) Told number of persons MV at this address: Number of depwWsnts at this address: borne Phone: Work Ph" Have you eon ailed credit counse" servioee? Yss(x) Alo( ) Number of cars you own? 3 kim" Income (YMages): =7408) M. Additr# l Income (not wages): $12M= ` Souroe: VA Ban@& and Chia Support Notice: Alimony, dtld support or eepwab rinhom arcs income need not be revestsd if the Borrower or Co4kXrarrsr does not choose to have a oonskMW for approvM of a loan workout. A" Type fs*WA*d V" LfababTYPO Paymf#roM BMW= Oft HWM sm.000.00 ARM-#ChJd aWW $+500.00 wrord OawrP NEf w Ufpenl?tprf Nw? Chw*MgAoeaaMa $zAoOAO Rwd s.rr,0,asor,,,, Mrsat Gawr Mw"9(f) RAKeoan A==* PfnmdLOwq*) M40MOD 40tkEWAeoora KOOM0e a48drarE,5,,,w.. Uwirfa Sbft ewdk cnf HOAFOWOwf wA Oaar MwfMnw " LM kwww ca 1.11AaaK Jab COW MOMOV Reason for d9&Vj W. Divans, Medical. eoomo?r I agroe that the tinandd Monnration provided is an accurate Moment of my &nndW status. I urdasfarW and w*nOwtetfge that any adbm taken by the order of my nrOrpage loan on my b@W wW be miade in sofa nflarrme onto lkwwiM Irf .se fDn provaad. My d wwo below graft the hoiden of my mortgagt the autho ft to confirm the Information I hive d domcf In this *wndal tteterment, to va* go It is accurate by ordering t endk report, and Im eomI -cx my.aft wWftr course" savior representative (it appbmbM)- SuWr tted this. ?W day ?- a, .. .2W& s_ r%"- , 1 e 3 Pay Inquiry View Paycheck Steven Davis Hide Company NG Information Technology, Inc Address: 1840 Century Park East Los Angeles, CA 90067 Page 1 of 2 New?y(tndcw b a Intruding for pri nting Your statement Not Pay: $3,480.71 Pay Begin Date: 10/1112008 Pay End Deb: 1012412008 Check Date: View a DiNbux t P 10/31/2008 avaheck Name: Sbaven R Davis Business Unit OD426 Employee ID: 528205 Pay Group. CSI Address: 9 Hill Rd Department BNRGAL Carlisle, PA 17013 Location: Reston -12005 Sunrise Valley Assigned Shift 1st Shift MOD A00171 Pay Rabe: $59.2e Hourly Fed Marital Status: Married PA Marital Status: Not applicable Fad Allowences: 10 PA Allowances: 0 Fed Adds Percent 0.000 PA Addl Percent (1000 Fed Addl Amount: $0.00 PA Addl Amount $0.00 Hoe Payeimck SummaY Bross Earnings Fed Taxable Gross Total Taxes Total Deductions Net Pay Current 4,741.15 4,589.81 948.48 331.98 3,480.71 YTO 103,503.70 100,297.87 20,836.55 7,052.88 75,814.27 E3n*vs Taxes Dawson Ma ua Rft AMM= YIDS ? A111Qlllltt Ameilnt Regular Pay 80.00 59.264400 4,741.15 1588.00 92,310.30 Fed MA*Jwking 466.54 9,886.47 Employee Fed NEDrEE ee.55 1,454.32 Life imputed 3.07 27.83 Fed OASDUEE 284.58 8,218.47 Income PA 1Mthhoking 140.81 3`078.29 Paid Time 100.50 5,9D5.9e Off Holiday Pay 64.00 3,712.77 Paid Time Off 46.50 2,755.80 Adjustment Regular y -48.50 -2,755.79 m Totat 9413.46 20,686.55 Hours Over 1.00 0.00 Standard Vacation 27.50 1,574.88 hops:llpeoplesofU ms.northgn m.com:6001/pscipshcm_2/EMPLOYEEIBRMS/c/ROLE_EMPLOYEE.... 10/30/2008 Pay Inquiry . Total: 80.00 4,741.15 103,50330 Sefore-Tax Deductions After Tax Deductions DOWWAM Aft4QttRt Amount Amount Amount Dental - Basic 21.23 455.10 AD&D Afler - 5.81 126.82 Mod - Basic 130.15 2,707.30 Tax Vision - Pro-Taos 3.23 71.08 Dep Child Lib 1.38 30.36 Dep Spouse Life 10.28 75.37 Le9a1 Plan e.46 14212 Lng Term 84 14 334.88 Disbty Opt . NG SIP Loan 113.70 2,501.40 We Optional 24.92 608.47 Total: 154.81 3,233.46 Total: 177.37 3.818112 Not Pay Distrtbutlon OMMUMIM EpyybM* Number Account Tvae Direct Deposit 3485947 Checidng YTD Amount 17 (Purchased Vacation I ToW YTD Amount Vacation Cap Go To: Ply romo2nsaf9m Home Account Number 2576088708 Page 2 of 2 Bnplw$wPaid Benefits Umcdp9w Amluat YL2 Amoypt • Taxable Total: AMount 3,4e0.71 0.00 bitps://pmpL-sofdwm.nord$ =.com:6001/pWpshcm 2/EMPLOYEEM MS/c/ROLE EMPLOYEE:... 10/30/2008 EXHIBIT " " a True ad Convot Copy AB COMPANY OF t?MMAL P V IldQ Prepared By: CYNTHIA STANLEY 10306 EATON PLACE STE 180 FAIRFAX. VA 22030 Return To: National City Bank of Indiana P.O. Box 8800 Dayton, OH 45401-8800 Parcel Number: Premises: 9 HILL ROAD, CARLISLE, Pennsylvania 17013 [Spsce Above This Lice For Recording Data] MORTGAGE 0004562350 DEFINITIONS Words used ni multiple sections of this document are defiled below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 15, 2006 together with all Riders to this document. (H) "Borrower" is STEVEN R DAVIS Borrower is die mortgagor under this Security Instrument. (C) "Lender" is First of America Mortgage a division of National City Bank of Indiana PENNSYLVANIA - Singic Family - Fannie se/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 at*PA) own) Poke 1 0(16 6ri1uh: aim VMP Moafw svmkm. inc. IfflK -1-7"I Lender is a National Banking Association organized and existing under the laws of United States Leader's address is 3232 Newmark Drive, Miamisburg, OH 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated March 15, 2006 The Note states that Borrower owes Lender THRRS Ht7llDRtl:D SZ= THOUSAND & 00/100 Dollars (U.S. $ 360, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 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 die 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 Jnstrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider F-1 Condominium Rider 0 Second Home Rider Balloon Rider [ Planned Unit Development Rider Q 1-4 Family Rider VA Rider EJ Biweekly Payment Rider ® Other(s) [specify] RwhiUt "A" (l) "Applicable IAw" means all controlling applicable federal, stare and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, nor-appealable judicial opinions. (1) "Community Assochdioa Dnes, Fees, and Assessments" means all does, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (1) "Elechvnic Fumb 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 it fhamwial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated ckarintlunrse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" meats 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 "Mortme Insurance" means insurance protecting Lender against the nonpayment of, or default on, de Loan. (t-6(PA) t(&ws FW2ori6 Mutiab: Form 3039 1/01 (N) "Periodic Payment" [Weans the regularly scheduled am unt due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of dtis Security Instrument. (O) "RESPA" means the Real Estate Settle-merit Procedures Act (12 U.S.C. Sectkm 26()1 et seq.) and its imp[eoxving regulation, Regulation X (24 C. F.R. Pan 35011), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the sate subject [natter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related trmrtgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor is Interest of Borrower" means any party that has taken title to die Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY Ties Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) dte performance of Borrower's covenants and agreements under this Security hnstrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction] of Cumberland [Name or Recording Jurisdiction]: I SSE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 9 HILL ROAD, (street] CARLISLE [City], Pennsylvania 17013 (Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements mxl additions shall also be covered by this Security histrument. All of the foregoing is referred to in this Security Instrument as the i Werty " i wu?: 40el 4k-6(PA) (m) pate3 of 16 Fenn 3039 1101 I ? i BORROWER COVENANTS that Borrower is lawfully seised of die estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except tier encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and We Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to 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, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring die Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loans current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic; Payment in the order in which it because 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, die 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 he paid in bleb: 4D-6(PA) a imi Pap 40(16 Form 3039 1/0) 0 full. To the extent that any excess exists after the payment is applied to die full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall he 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 die 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) leaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums ih accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Furls 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 Leader and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as die 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 arty such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RF"SPA, 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 future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) 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 Lender pays Borrower interest on die Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable haw requires interest to be paid on die Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the gif WWI: C 6(PA) fmi Pop i of 16 '?e Farm 3039 1/0) Funds. lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RES PA. If there is a surplus of Funds held in escrow, as defined under RFSPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lehr shall notify Borrower as required by RESPA, anal Borrower shall pay to Lender the amount necessary to stake up to shortage in accordance with RESPA, but in no more than 12 monthly paymems. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shalt notify Borrower as required by RESPA, and Borrower shall pay to lender die amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held try Lender. 4. Charges; 1Lkns. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on die Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the warmer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader 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 term of the Loan. Tle insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasotaMy. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-dim charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zoe determination and certification services and subsequent charges each time remappings or similar changes occur wlich 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 to review of any flood zone determination resulting from an oh>jection by Borrower. mrapu: 4-/ at-OPA) ommi Pale 6 a 16 Fmm 3039 1/01 If Borrower fails to maintain any of to coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amixua of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against airy risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that die cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee anti/or as an additional loss payee. Lender shall have the right to hold die policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sbdl include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of die Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to told such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, of other third parties, retained by Borrower shall not be paid out of de insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that die insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when tie notice is given. In either event, or if Lender acquires to Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than die right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use die insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whetter or not then due. - 1nitYY: ?/1?? Ck-6(PA) iuwa rc4a 7 on 16 Fmw 3039 1/01 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security hhstrument 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 circurnstances 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 deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemmrion proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at die time of or prior to such an interior inspection specifying such reasonable cause. S. 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 innformation) in connection with the Goan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security InstrumernL If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tine Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security hnstrument, including protecting and/or assessing the value of the Property, and securing and/or repairing die Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may 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. Waa, sOel?l at-6(PA) in n, rWHor16 Form 3039 1/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by d»s Security histrument. 'T'hese amounts shall bear interest at the Note rate from die date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to die Property, the leasehold and the fee title shall not merge unless Lender agrees to die merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay doe 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 die mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurannce, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Lhsuranee 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 die amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact tat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the Lou and Borrower was required to make separately designated) payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to mainhtain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity dial purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with odor parties that sham or modify their risk, or reduce losses. These agreements are on term and conditions tat are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized ac) 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 tat an affiliate of Lender takes a share of the insurer's rick in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Furrier: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance. or any other terms of the I.Aan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will rot entitle Borrower to any refund. 61 OLO: eb-6('A) iusmi PW9or1F Form 3039 1101 (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 law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automaticaly, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Linder may pay for die repairs and restoration in a single disbursement or in a series of progress payments as the work is conpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If die restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in die order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or out then due, with die excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which die fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sutras secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security hhstrumeni shall he reduced by die a fount of tie Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial takitig, 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 tie Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice try Lender to Borrower that the Opposing Parry (as defined in die next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date die notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means. the third party that owes Borrower Miscellaneous Proceeds or die 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 core SWIt 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 wi&:.? at-6(PA) ,roux) PW loaf 16 Form 3039 1/01 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds dial are not applied to restoration or repair of the Property shall be applied in the order provided for in Sectiou 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of die sutras secured by this Security instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor hi Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of die sums secured by this Security Instrument by reason of any demand made by the original Burrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, graft 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 udder this Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security insttwmetit unless Lender agrees to such release in writing. Tlie covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit to successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrwer'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 flees. fu regard to any other fees, the absence of express authority in this Savrity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. V the Loan is subject to a law wltich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the Loan exceed the permitted limits, then: (a) any such loarrchharge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a ref end reduces principal, de reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for udder the Note). Borrower's acceptance of any such refuted made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. M-RPA) ami ?W 110rb Farm 3039 U01 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be its 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 meatus. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through drat specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrrnnent shall not he deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severobility; Rules of Construction. This Security instrument shall be governed try federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisiomc of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include die plural mid 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. 16. 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, uicludnhg, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest hi the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, letder may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise Lc prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Rigbt to ReutsWe After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for die 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 airy default of any other covenants or agreements; (c) pays all at-G(PA) awwf P41P 12 oris Form 3039 1/01 expenses incurred in enforcing this Security Instrument, including, hit not limited to, reasonable attorneys' fees, property inspection and valuation fees, and oiler fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Leader 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 unchutrged. Tender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (h) 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 efteetive as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sak of Note; Change of Loan Servicer; Notice of Grievance. The Note Or a partial interest in the Note (together with this Security lnstrument) can be sold one or more rimes without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of die Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servic er, the address to which payments should be made and any other information RESPA requires in cowlection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other parry (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 rime period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes ally response action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger all Environmental Cleanup. t? 6(PA) ? ? P W 13 of 16 ram 3039 1/01 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (h) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely aftbcts the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential use,, and to maintenatue of the Property (including, but not limited to, hazardous substances in consumer products): Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any coiolition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or it notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous,Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the anion required to cum the default; (c) when the default must be cured; and (d) that failure to care the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sak of the ]Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosare. 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 shalt be entitled to dolled 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 extend 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 anal 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 parry for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or fixture 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 die cominencernent of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to tfhe Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that tine interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 4R-QrA) tows use 14 or 16 Farm 3039 1101 _4e BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contaaied in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: es: 99 (Seal) 77 STSVEN R DAVIS -Borrower _ (Seal) -Burrower _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Mormwer (Seal) -Inorrower 4R41PA) iosa l Part is or 16 norm 3039 1101 COMMONWEALTH OF PENNSYLVANIA, Cmterland On this, the 15th day of March 2006 umletsigned officer, personally appeared Steven R. Davis County ss: , before me, the known to me (or I satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL BUC KANOI L. LENKER, NOTARY COUNTY, CARLISLE BORO, MY COMMISSION EXPIRES MARCH 10, 20 TAIe of Ofr=r Certir`rcate of Residence I I, Robert C. Saidis, Esq. , do hereby certify that the correct address of the within-named Mortgagee is 3232 Nearark Drive, Miamisburg, CH 45342. Witness toy hand this 15th day of March, 2006 Rd*t C. taidLs, Esq. Agtm ofMmtgagm mw.r: at-RPA) ma) Pie 16 of 16 Form 3039 1/01 EXHIBIT it p 51 C; 03e This Instrument Prepared By. Holley Holbrook After Recording Return To: National City Mortgage P.O_ Box 8800 Dayton, OH 45401-8800 19371910-1843 ?pp? ?u? 20 RCl 10 NS tlxlrys4235? ,Davis 2d . Parcel: 49-09-0521-018 I certify that the precise residence and address of the within named Assignee is National i MortBB????.180 diary of National City Bank of Indiana with an addrss bested at 3232 Newmark Drive, Miamisburg, OH 45342 A= Z Agent on behalf of Assignee. SPACE ABOVE THIS LINE FOR RECORDER'S USE NCM#: 4562350 00010 DAVIS, STEVEN R. MIN and MERS Phone: Recording District: Cumberland ASSIGNMENT OF Mortgage For value received, the undersigned, hereby grants, assigns and transfers to: National City Mortgage Co., a subsidiary of National City Bank of Indiana located at 3232 Newmark Drive, Miamisburg, OH 45342. All beneficial interest under that certain Mortgage dated 3/152006 executed by: Trustor(s) STEVEN R. DAVIS Original Loan Amount: "360,000.00" to for "FIRST OF AMERICA MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA" recorded 3/162006 as Instrument No.: in Book/Volume: 1943 Page: 2353 of the Official Records of Cumberland County, Pennsylvania describing the land therein: Property Address: 9 HILL RD, CARLISLE, PA 17013 Sihzt.-C in rJ• PntisboM Legal Description As Per Mortgage Referred To Herein Together with the Note or Notes therein described or referenced to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage. 3/152006 to be executed the Date of Filing/Recording First of America Mortpge, a division of National City Bank of Indiana State of OHIO County of MONTGOAgRY J BLUM, SUPS R On 6262006 before me, Jill S. Heatherly the undersigned, a Notary Public in and for the State of OHIO, personally appeared JEFF BLUM, SUPERVISOR of First of America Mortgage, a division of National City Bank of Indiana personally known tome to be the person whose name is subscnbed to the within instrument and acknowledged to me that he executed the same in his authorited capacity, and that for his signature on the instrument the person, or the entity upon behalf of which he meted, executed the instnlment. Jill S. Hen, Notary Public in and for the State O My Commission Expires: 5/42008 My County of Residence MONT ERY ??O tgtA18 t' JILL S. HEATHERLY + Notary PUM. SIde 01 Ohio n Q 7 2 8 PG 4 5 9 3 o MY comftds" E>4lfra3 05-04-06 EXHIBIT " 19 0004562350 ADJUSTABLE RATE NOTE (6-MoMb LIBOR Index - Rate Caps) (Assumable after Initial Period) (45 Day LooldjwW THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. March 15, 2006 CARLISLE PZNNSYLVANIA 1Da1e) [ckyl 1-mil 9 HILL ROAD, CARLISLE, Pennsylvania 17013 {Prgesty Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 360, 000.00 (this amount is called "Principal"), plus interest, to the order of tie Lender. The Lender is First of America Mortgage a division of National City Bank of Indiana I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Noce Holder." 2. INTEREST merest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.750 %. The interest rate I will pay will change in accordance with Section 4 of this Note. i The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on may 1 , 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2036 , 1 still owe amounts under this Note, I will pay those amounts in frill on that date, which is called the "Maturity Date." I will make my monthly payments at Rational City Mortgage Co. P 0 Box 17677, Baltimore, 1m 21297-1677 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. $ 2,334.96 This amount may change. (C) Monthly Payme t Changes Changes m my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Nike Holder will determine my new interest rate and the changed amount of my moo" payment in accordance with section 4 of this Note. MULTISTATE AMUSPABLE RATE NOTE . ti-Mantl LIBOR Cedar (Au nabk after bd" Period) (45 Day Laekbork) - SwCk Family - Freddie Mat U141FOR14 INSTRUMENT at-174N mmm) Farm SW 5/04 vMP Mar" aoAUiw. 6x. pOD4521•Tl91 hoe i ors Won: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate l will pay may change on the first day of April 2013 , and may change on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the fist Change Date. my interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rabe ("LIBOR") which is the average of interbank offered rates for six-mantle' U.S. dollar-denominated deposits in the Landon market, as published in 71ee Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which 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 Holler will calculate my new interest rate by adding Two AND 3 /4THS percentage point(s) ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.750 % or less than 2.750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 11.750 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Pate until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment " When I make a Prepayment, I will bell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amhomt of Principal that I owe tinder this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on die Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this ban and which sets maximum loan charges, is foully interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refutded to me. The Note Holder may choose to make this round by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. at-174N w) PW20(5 Form 5324 S UZU.- 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 is calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay itmt ediatcly the full amount of Principal which has not been paid and all the interest that I owe on tlnat amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holler does not require the to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required the to pay immediately in full as described above, the Note Holder will have the right to be paid back by the for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to the at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated 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 to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights tinder this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Not waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holler to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. ll. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trost, or Security Dad (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the prontises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 174N coos) Fonu 57;e Pgt3d3 ?? (A) UNTIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is soli or amferrcd) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. • If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower rust 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. (B) AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" mans any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new Ioan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the ban assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under tie 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 as eleradon. The notice stall 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 securW 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. 174N (owe rq,4ors *7 Fenn SS24 WITNESS THE HANDS SEAL(S) OF THE UNDERSIGNED. I (Seal) S TIM R DAVI -Borrower 1 -(Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower T (Seal) (Seal) -Borrower -Borrower -(Seal) (Seat) -Borrower -Borrower [Sign Original Orly] at-174N rosm rpsars Form 5824 8104 0004562350 INTEREST ONLY PAYMENT PERIOD NOTE ADDENDUM TO ADJUSTABLE RATE NOTE (] ad=: Six-Mosmh London Interbook ORered Rote ("LIBOR") As Pumbbed is TAe WOO St. Jon7tot - Rate Caps) (Nat to be Used for Texas Homestead Loss Uoless Proceeds Used Only tar Pwcbasc Money or Rdtmce of Porrbase Money) THIS ADDENDUM TO NOTE PROVIDES FOR A PERIOD OF MONTHLY PAYMENTS OF INTEREST ONLY FOLLOWED BY MONTHLY PAYMENTS OF BOTH PRINCIPAL AND INTEREST. THE INTEREST RATE AND MONTHLY PAYMENT CAN CHANGE DURING AND AFTER THE INTEREST ONLY PAYMENT PERIOD. THIS ADDENDUM LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. This Interest Only Payment Period Note Addendum to Adjustable Rate Note (this "Addendum") is made this 15th d2y of March , 2006 and is incorporated into and shall be deemed to amend and supplement the Adjustable Rate Note of the same date (the "Note") given by the undersigned (the "Borrower") to evidence Borrower's indebtedness to girst of America Mortgage a division of National City Sank of Indiana (the "Lender"), which indebtedness is secured by a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), of the same date and covering the property described in the Security Instrument and located at: 9 HILL ROAD , rARy TSLE . Pennsylvania 17013 ADDITIONAL COVENANTS: Unless specifically defined in this Addendum, any capitalized terms shall have the same meaning as in the Note. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower further covenants and agrees as follows: 1. The Note is modified to provide that the initial one hundred twenty (120) payments due consist of interest only on the unpaid principal balance of the Note ("Interest Only Payment Period") at the interest rates determined in accordance with Section 2 of the Note and Section 4 of this Addendum. Sections 3, 4, 5 and 7(A) of the Note are hereby restated as follows: 3. PAY&WE VTS (A) Time and Place of Payments I will pay interest on the unpaid principal balance of this Note during the Interest Only Payment Period, and principal and interest thereafter, by making payments every month. I will make my monthly payments on the first day of each month beginning on May 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. Each monthly payment will be applied as of its scheduled due date and, if the payment includes both principal and interest, it will be applied to interest before principal. If, on April lot , 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at National City Mortgage Co. P 0 Sox 17677 Baltimore, ND 21297-1677 or at a different place if required by the Note Holder. IOADD-I Page 1 of 4 Addendum to Adjustable Rate Note (Form 3522/194N & 5524/174N) 120 Interest Only Payments 6-Month LIBOR Index (09/05) (B) Amount of My Interest Only Payments Each of my initial Eighty four ( 84.00 ) monthly payments will be in the amount of U.S. $ 3,015.00 . The text Thirty Six ( 36.00 ) monthly payments may change in accordance with Sections 3(C) and 4(C)(i) below. These payments are called the "Interest Only Payments." No payments of principal arc due during the Interest Only Payment Period. The Interest Only Payments will not reduce the principal amount of this Note. (C) Monthly Payment Changes and Date of First Principal and Interest Payment 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 Sections 4 and 5 of this Addendum. The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Due Date") is y 1st , 1016 . which is the first monthly payment date after the one hundred twentieth (120) ttilomhly payment is due. Before the First Principal and Interest Due Date, my monthly payment may change to reflect changes in the interest rate as provided in Section 4(C) of this Addendum. My payment may also change if I make a partial Prepayment as provided in Section 5 of this Addendum. Before the effective date of any change in my monthly payment, the Note Holder will deliver or mail to the a notice of the change as provided in this Note. Beginning with the First Principal and Interest Due Date, my monthly payment will change to an amount sufficient to repay the unpaid principal and interest at the rate described in Section 4(C) of this Addendum in substantially equal payments by the Maturity Date. 4. INTEREST RATE AND MONTHLY PAYMENT CHANCES (A) Change Dates The interest ran I will pay may change on the first day of April 2013 and may change on that day every sixth (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 six month London Interbank Offered Rate ("LIBOR") which is the average of interbank offered rates far six- mouth U.S. dollar-denominated deposits in the London market, as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date 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) Caktdadon of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two AND 3/4T43 Percentage point(s) ( 1.75 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest ow-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will them determine my new monthly payment as follows: IOADD-2 Page 2 of 4 Addendtan to Adjustahle Rate Note (Form 5522/194N & 55241174N) 120 Interest Only Payments 6-Month LIBOR Index (08/03) (I) Interest Only Payment Period. For monthly payments due after the first Change Date up to but not including the First Principal and Interest Due Date, the Note Holder will determine the amount of the monthly payment that would be sufficient to pay the interest that accrues on the unpaid principal that I am expected to owe at the Change Date at my new interest rate determined above in this Section 4(C). The result of this calculation will be the new amount of my Interest Only Payment until the next Change Date unless I make a j partial Prepayment as provided in Section 5 of this Addendum. 01) Principal and Interest Payments Due Beginning With the F rst Prlncipai and Interest Due Date. For monthly payments due on or after the First Principal and Interest Due Date, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that i am expected to owe at the Change Date in full on the Maturity Date at my new interest rate determined above in this Section 4(C) in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (A) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.750 % or less than 2.750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than OBg percentage points ( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 11.750 %- (8) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (C) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the tide and telephone number of a person who will answer any question I may have regarding the notice. I S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, l will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under ? the Note. I may make a final Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. If I matte a partial Prepayment during the Interest Only Payment Period, the amount of the monthly payment will decrease until the next Change Date. At the next Change Date during the Interest Only Payment Period, any reduction due to a partial Prepayment tray be offset by an interest rate increase. If I make a partial Prepayment after the First Principal and Interest Due Date, my partial Prepayment may reduce the amount of my monthly payments starting with the next Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. IOADD-3 Page 3 of 4 Addendum to Adjwlable Rate Note (Form 5322/194N do 5524/174N) 120 Interest Only Payments !-Month LIBOR Index (08/05) 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If die Note Holder has not received the full amtwnt of my monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of interest, during the Interest Only Payment Period, and of principal and interest thereafter. I will pay this late charge promptly but only once on each late Payment. [I. All other provisions of the Note are unchanged by this Addendum and remain in full force and effect. By signing below, Borrower accepts and agrees to the terms and conditions contained in this Interest Only Payment Period Note A ndlun to Adjustable Rate Note. (Seal) (Seal) Borrower STEVEN R DAVIS Borrower (Seal) (Seal) Borrower Borrower I understand that if I only make Interest Only Payments during the Interest Only Payment Period, at the end of the Interest y Payment the principal balance will not be reduced. 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C` ? -rt ? .?. `T? E??;- C... `-{ ?.: y: ? ?? l '' ? ..?? ' ..? y l , i '... ?"CJ x _'?. 'T' -'r t ? _ ? C.. ? .ld ri^'.. N "" ?? ? ? P? -i .? ? GOLDBECK McCAFFERTY & MCKEEVER By: David Fein, Esquire Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA No. 08-5792 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: David Fein, Esq. 701 Market St., Ste. 5000 Philadelphia, PA 19106 (b) for defendant: Steven R. Davis, pro se 9 Hill Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 18, 2009 Date: 2 0 igna e ' David Fein Esquire Print your name IU ?- _ "l7' STEVEN R. DAVIS, PRO SE 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17015 No. 08-5792 THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE OF DEFENDANT'S DEFENSE AND RESPONSE OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT Steven R. Davis, Pro Se certifies that he did serve true and correct copies of Defendant's Defense and Response of Opposition to Motion for Summary Judgment, Memorandum of Law in Support, and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below; additionally copies were sent to the following email addresses on the morning of same date below: Jen Dobron (JDobron(a goldbecklaw.com); Christopher McCann (cmccannna,y,oldbecklaw.com); and David Fein (dfein ,go ldbecklaw.com): Goldbeck McCafferty & McKeever Attn: David Fein, Esquire Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 The United States of America Kim Stevens, Esquire Federal Building, Suite 220 228 Walnut Street Harrisburg, PA 17108-1754 Steven . Davis, Pro e Pro Se Date: 13Mar09 by CZ) "' w v, STEVEN R. DAVIS, PRO SE 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 vs. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5792 DEFENDANT'S DEFENSE AND RESPONSE OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT AND NOW, this Defendant makes the following defense and response in opposition to Plaintiffs Motion for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.2 for the following reasons: 1. Plaintiff is National City Mortgage Company (hereinafter "Plaintiff") 2. Defendant is Steven R. Davis (hereinafter "Defendant") 3. Plaintiff filed its Complaint in mortgage foreclosure on September 30, 2008 as a corporation known as National City Mortgage Company and on December 31, 2008 did as a corporation under that name cease to exist. 4. Defendant's Answer to Plaintiffs complaint was replied to by Plaintiff with the Motion for Summary Judgment with an incomplete record in the sense that relevant pleadings were not closed. 5. Award of the Motion for Summary Judgment would prejudice the Defendant since the full and fair opportunity to supplement the record and oppose the motion begins with this response to the Motion. 6. There are issues of fact arising from the Plaintiffs burden of proof to produce the original note; Plaintiff has not produced the original note for Defendant's examination and satisfaction of Defendants right to due process and discovery. Plaintiffs affidavit to aver the facts does not produce the original note. ? /0 47 WHEREFORE, Defendant respectfully moves for denial of Summary Judgment and subsequent trial, or at least a continuance of the pleadings until closed by the exhaustion of the rights of both parties to complete pleadings. Respectfully Submitted, Steven R. Davis, Pro Se Steven R. Davis, Pro Se ? '-2 0?? STEVEN R. DAVIS, PRO SE 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA No. 08-5792 Steven R. Davis, Pro Se certifies that he did serve true and correct copies of Defendant's Defense and Response of Opposition to Motion for Summary Judgment, Memorandum of Law in Support, and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below; additionally copies were sent to the following email addresses on the morning of same date below: Jen Dobron (JDobron tgoldbecklaw.com); Christopher McCann (cmccang@goldbecklaw.com); and David Fein (dfein goldbecklaw.com): Goldbeck McCafferty & McKeever Attn: David Fein, Esquire Attorney T.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 The United States of America Kim Stevens, Esquire Federal Building, Suite 220 228 Walnut Street Harrisburg, PA 17108-1754 Steven R. Davis, Pro Se Pro Se Date: 13MarO9 P /W? o.o 3 J v ON J STEVEN R. DAVIS, PRO SE 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA No. 08-5792 CERTIFICATE OF SERVICE OF DE'N?llANT'S DE AND PONS OF P S O TO, ON F Y JUDGMENT Steven R. Davis, Pro Se certifies that he did serve true and correct copies of Defendant's Defense and Response of Opposition to Motion for Summary Judgment, Memorandum of Law in Support, and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below; additionally copies were sent to the following email addresses on the morning of same date below: Jen Dobron (JDobron goldbecklaw.com); Christopher McCann (cmccann yoldbecklaw.com); and David Fein (dfein@,goldbecklaw.com): Goldbeck McCafferty & McKeever Attn: David Fein, Esquire Attorney I.D. #82628 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Date: 13Mar09 The United States of America. Kim Stevens, Esquire Federal Building, Suite 220 228 Walnut Street Harrisburg, PA 17108-1754 zi I 0?4, Steven R. Davis, Pro Se Pro Se ? 4 ( ? ('w. © '? ., ??_? 1 .. ' ? p"' ?? ? T *^ ? ;. t . - `? ?• ,_; t ? Y- ? .. STEVEN R DAVIS, PRO SE 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 VS. STEVEN R. DAVIS Mortgagor and Record Owner 9 Hill Road Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5792 THE UNITED STATES OF AMERICA DEFENDANT'S DEFENSE AND REMONN OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT AND NOW, this Defendant makes the following defense and response in opposition to Plaintiffs Motion for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.2 for the following reasons: 1. Plaintiff is National City Mortgage Company (hereinafter "Plaintiff) 2. Defendant is Steven R. Davis (hereinafter "Defendant") 3. Plaintiff filed its Complaint in mortgage foreclosure on September 30, 2008 as a corporation known as National City Mortgage Company and on December 31, 2008 did as a corporation under that name cease to exist. ? /0 02 4. Defendant's Answer to Plaintiffs complaint was replied to by Plaintiff with the Motion for Summary Judgment with an incomplete record in the sense that relevant pleadings were not closed. 5. Award of the Motion for Summary Judgment would prejudice the Defendant since the full and fair opportunity to supplement the record and oppose the motion begins with this response to the Motion. 6. There are issues of fact arising from the Plaintiffs burden of proof to produce the original note; Plaintiff has not produced the original note for Defendant's mmmination and satisfaction of Defendant's right 0 fie process and discovery. Plaintiffs aff to aver the facts does not produce the origi(* 140e. WHEREFORE, Defendant respectfully moves for denial of Summa Judgment and subsequent or at least a continuance of the pleadings until closed by the exhaustion of the rights of both part trial, complete pleadings. parties to complete Respectfully Submitted, Steven R. Davis, Pro Se Steven R. Davis, Pro se 2002 NATIONAL CITY MORTGAGE COMPANY, PLAINTIFF V. STEVEN R. DAVIS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 08-5792 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 23`d day of March, 2009, upon consideration of the Plaintiff's Motion for Summary Judgment, the briefs filed by the parties, and after argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment in Mortgage Foreclosure is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of the Plaintiff against the Defendant, Steven R. Davis, in the amount of $409,625.86 together with interest from October 1, 2008, along with foreclosure and sale of the mortgaged premises. Xavid Fein, Esquire Attorney for Plaintiff even R. Davis, Pro Se Defendant By the Court, 1* -\, M. L. Ebert, Jr., J. Z -I I HV 12 M 603Z NATIONAL CITY MORTGAGE COMPANY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYVLANIA V. STEVEN R. DAVIS, DEFENDANT NO. 08-5792 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. OPINION AND ORDER OF COURT Ebert, J., March 23, 2009 - FACTS In this civil case, Plaintiff filed a complaint in mortgage foreclosure on September 30, 2008. The complaint basically alleged that Steven R. Davis was the record owner of real estate located at 9 Hill Road, Carlisle, Pennsylvania. The property was subject to a mortgage held by the Plaintiff, dated March 15, 2006, and signed by the Defendant. The Plaintiff averred that the mortgage was in default and that monthly payments of principle and interest had not been made since August 1, 2007. The amount currently claimed due to the Plaintiff on the mortgage is $409,625.86. An examination of the Plaintiff's complaint shows that it does conform to the requirements set forth in Pa.R.C.P. Rule 1147 for an action of mortgage foreclosure. The record indicates that the Cumberland County Sheriff's Office personally served the Defendant with a copy of the complaint and notice on September 30, 2008. Accordingly, the Defendant was required to file an answer within 20 days after service of the complaint. Pa.R.C. P. 1017, 1026. The Defendant, acting pro se, filed what he termed a "Certification and Response" on November 3, 2008. An examination of this document clearly shows that it does not answer the Plaintiff's complaint. At best, it may be liberally described as "New Matter." While the document does contain numbered paragraphs, these do not address the allegations made in the numbered paragraphs in the Plaintiff's complaint. Rather, they are entitled as follows: 1. Purpose: 2. Double Jeopardy: 3. Workout Package: 4. Property for Sale: 5. Current United States Financial Landscape: 6. Hardshi : 7. Prior Proposal: 8. Realistic Alternative to Foreclosure: 9. Request: In the request paragraph, the Defendant asks this Court to consider his "proposed alternative" to foreclosure. No other pleadings were filed, and on January 21, 2009, pursuant to Pa.R.C. 1035.2 Plaintiff filed a Motion for Summary Judgment. DISCUSSION Summary Judgment is proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits on file demonstrate that there exists no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2(1), Weiner v. American Honda Motor Co., 718 A.2d 305 (Pa. Super. 1998). The purpose of summary judgment is to avoid unnecessary trials and to eliminate the waste of time and resources of both litigants where a trial would be a useless formality. Curan v. Children's Service Center. Inc., 578 A.2d 8 (Pa. Super. 1990), appeal denied 585 A.2d 468 (Pa. 1991). In deciding whether summary judgment is proper, the court must construe the facts on the record in a light that is most favorable to the non-moving party. The court must also resolve all doubts 2 and reasonable inferences as to the existence of a genuine issue of material fact in favor of the non-moving party. Telega v. Security Bureau, Inc., 719 A.2d 372 (Pa. Super. 1998). This Court is fully aware that summary judgment should not be granted lightly, and realizes the finality of such a ruling. But the gravity of the outcome does not outweigh the parties' responsibility to proceed before the court with complete candor. The rule is often stated that "in reviewing summary judgment, the Court must accept as true all well-pleaded facts in the non-moving party's pleadings, giving the non-moving party the benefit of all reasonable inferences to be drawn therefrom." Curry v. Estate of Thompson, 481 A.2d 658 (Pa. Super. 1984). In this case, the issue then turns on "well-pleaded facts" and "reasonable inferences." In actions for in rem foreclosure due to a Defendant's failure to pay a debt, summary judgment is proper where the Defendant admits that he has failed to make the payments due and fails to sustain a cognizable defense to the Plaintiff's claim. Gateway Towers Condominium Ass'n v. Krohn, 845 A.2d 855 (Pa. Super. 2004). This matter is not complex. The complaint establishes that the Defendant is the person who executed the mortgage on the property located at 9 Hill Road, Carlisle on March 15, 2006. It states that the mortgage is in default, that payments have not been made since August 1, 2007, and that $409,625.86 are currently owing. These are well pled facts. Nowhere in Defendant's "Certification and Response" does he in any way deny these facts. Rather, he provides his own alternate proposals to avoid foreclosure to include hardships he has suffered, the current United State financial landscape, and continued "good faith" maintenance of the property in question. It has consistently held that in mortgage foreclosure actions, general denials by mortgagors must be considered admissions of the facts pled in the complaint. First Wisconsin Trust Co. y. Strausser, 653 A.2d 688 (Pa. Super. 1995). If this is so about general denials it would appear to be equally applicable to a situation where there are no denials. In this case, the total lack of any specific detailed response to the Plaintiff's specific averments of default constitutes an admission of default and the amount due and owing on this mortgage. 3 This court has little doubt that the Defendant in this case is facing dire consequences and is sincerely seeking to mitigate his situation. Unfortunately, the law in this case does not afford the Defendant the remedy he desires. The fact that the Defendant is appearing pro se does not afford him any particular advantage because of his lack of legal training. First Union Mortg. Corp. v. Frempong, 744 A.2d 327 (Pa. Super. 1999). The sad fact for this Defendant is that the Plaintiff has averred well-pleaded facts that the Defendant's mortgage is in default. The only "reasonable inference" that can be drawn from an examination of the Defendant's "Certification and Response" is that the Defendant knows he is in default and has no legal defense. In this foreclosure action where the defendant has chosen to rest on his pleadings, unless a genuine issue of material fact is made out in the moving party's evidence, taken alone the motion for summary judgment must be granted to the moving party. Here, the averments made by the Defendant in his "Certification and Response" do not raise any issues of fact regarding foreclosure on this mortgage. In essence, this Defendant, in the throes of a very dire financial situation, proposes an alternative resolution to foreclosure rather than pleading facts which would identify a genuine issue for trial. While his effort is sincere, it is not supported by the law. Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 23rd day of March, 2009, upon consideration of the Plaintiff's Motion for Summary Judgment, the briefs filed by the parties, and after argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment in Mortgage Foreclosure is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of the Plaintiff against the Defendant, Steven R. Davis, in the amount of $409,625.86 4 together with interest from October 1, 2008, along with foreclosure and sale of the mortgaged premises. By the Court, I* M. L. Ebert, Jr., J. David Fein, Esquire Attorney for Plaintiff Steven R. Davis, Pro Se Defendant 5 In the Court of Common Pleas of Cumberland County NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff Vs. STEVEN R. DAVIS (Mortgagor(s) and Record Owner(s)) 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) No. 08-5792 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against STEVEN R. DAVIS IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED 03/23/2009 and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULATION DATED 10/17/2008. Assess damages as follows: $409,625.86 Debt Interest from 10/02/08 to Date of Sale per diem at $66.38 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED Ap/IOVIVTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FRO H COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to e y against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at lea t days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 If ZI 0 T. McKeever rney for Plaintiff #56129 AND NOW Judgment is entered in favor of NATIONAL CITY MO GE COMPANY and against STEVEN R. DAVIS IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED 03/23/2009 and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULATION DATED 10/17/2008 in the sum of $409,625.86 as per the above certification. n - A othonotary 11 C: Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS (Mortgagors and Record Owner(s)) 9 Hill Road Carlisle, PA 17013 THE, UNITED STATES OF AMERICA Defendant(s) No. 08-5792 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE ter h Oed against you. Notice is given that a judgment in the above-caption;Prothonotary 4 7 Lon By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 71106FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 24, 2008 TO: STEVEN R DAVIS 9 Hill Road Carlisle, PA 17015 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 VS. STEVEN R. DAVIS (Mortgagor(s) and Record Owner(s)) 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA 'TO: STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVII. ACTION - LAW Action of Mortgage Foreclosure Term No. 08-5792 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Leine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, STEVEN R. DAVIS, is about unknown years of age, that Defendant's last known residence is 9 Hill Road Carlisle, PA 17015, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Allies, or otherwise within the provisions of the Soldi Congress of 1940 and its Amendments. of the United States or its Sailors' Civil Relief Action of Date: ? w VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, STEVEN R. DAVIS, is about unknown years of age, that Defendant's last known residence is 9 Hill Road Carlisle, PA 17015, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Servicjy'of thAnited States or its Allies, or otherwise within the provisions of the Soldiers' ansl/Sailo}sf Civil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff VS. STEVEN R. DAVIS (Mortgagor(s) and Record owner(s)) 9 Hill Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-5792 THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of NATIONAL CITY MORTGAGE COMPANY, R. DAVIS IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED 03/23/ STATES OF AMERICA IN ACCORDANCE WITH THE ATTACHED SIGNED STIPULAT N the sum of $409,625.86. mist STEVEN IE UNITED 10/17/2008, in Michael T. McKeeve Attorney for Plain ' f I hereby certify that the above names are correct and that the ecise residence dress the judgment creditor is NATIONAL CITY MORTGAGE COMPANY 3232 N Mark Drive ' misb , OH 45342 and that the name(s) and last known address(es) of the Defendant(s) is/ STEVEN R. D IS, ill Road Carlisle, PA 17015; GOLD BE ?cK C FER McKEEVER BY: Mael T. eever At ev for Platiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $358,962.29 Interest from 07/01/2007 through $30,402.03 09/30/2008 Reasonable Attorney's Fee $17,948.11 Late Charges $1,413.43 Costs of Suit and Title Search $900.00 Escrow Payments Due 0 X $396.14 1-11 AND NOW, this day of `L , 2009 damages are assessed as above. 04 AProth Y i Gt gat C?'E 37a`?`?y _ ,.,, 075 a GOLDaECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW STEVEN R. DAVIS AND V. UNITED STATES OF AMERICA Defendants STIPULATION ACTION OF MORTGAGE FORECLOSURE Term No. 08-5792 It is hereby stipulated and agreed by and between NATIONAL CITY MORTGAGE COMPANY, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), STEVEN R. DAVIS. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), STEVEN R. DAVIS. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has`1 tax lien(s) against the property which is/are subject to the action of mortgage foreclosure dated April 21, 2008, 2008-2540, totaling .L ?' 3Q l.N?W;1 I 1 :g NV I i DO OQOZ -I,* $10,053.06, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: October 8, 2008 By: Michael T. McKeever, Esquire Attorney for Plaintiff Martin C. Carlson United States Attorney Dated: 06y\-A 0 ? BY: VI/J, 0 Melissa Swauger Assistant U.S. Attorney Attorney for United States of America i=1C AILED-J, (V: I±--TAP 2GO9APR 20 PH i=40 .r- . if C? i.' JN Y NATIONAL CITY MORTGAGE COMPANY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYVLANIA V. STEVEN R. DAVIS, DEFENDANT : NO. 08-5792 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 23rd day of March, 2009, upon consideration of the Plaintiff's Motion for Summary Judgment, the briefs filed by the parties, and after argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment in Mortgage Foreclosure is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of the Plaintiff against the Defendant, Steven R. Davis, in the amount of $409,625.86 together with interest from October 1, 2008, along with foreclosure and sale of the mortgaged premises. By the Court, ?k -A, ?4 i -- M. L. Ebert, Jr., J. David Fein, Esquire Attorney for Plaintiff Steven R. Davis, Pro Se Defendant ` PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff VS. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) 9 Hill Road Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5792 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/02/08 to Date of Sale per diem at $66.38 (Costs to be added) $409,625.86 H CIO U 3 O w ?? M N? Q Q O? O 0 Qi ? L.+ ? a vi ? ? w 9x ?H > (0,= U O U V °A F z o z y- co {k LIJ ?- C] i Cl fL v'? N z O H w W 0 a H o a} c Ow. U a Q ?I N U U 12 0J V Y U V u ? `O v ? N ? Vl Q? M t` u v o 4 C.4 o Pa b? C7 w Zp- M M ALL those certain two tracts of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in a township road at land now or formerly of L.E. Mell; thence by said Mell land, North 21 degrees 25 minutes West, 117 feet to a point; thence by land now or formerly of Earl Tritt, North 23 degrees West, 225 feet to a point; thence by now or formerly of O.A. Kitzmiller, North 82 degrees 50 minutes East, 157 feet to a point; thence continuing along the said O.A. Kitzmiller land, South 16 %Z degrees East, 195 feet to a point; thence containing along the said O. A. Kitzmiller land, South 9 degrees 20 minutes East, 147.2 feet to a pin at edge of a road; thence by road South 87 degrees 55 minutes West, 104.5 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at an iron pin on South side of Township Road 635 and Lot No. 5; thence along Lot No. 5, South 16 degrees 06 minutes East, 207.44 feet to an iron pin; thence along the above-described Tract 1, South 83 degrees 09 minutes West, 157.00 feet to a post; thence along the lands now or formerly of Earl Tritt, North 22 degrees 23 minutes 40 seconds West, 165.24 feet to a spike; thence along the Township Road 635, North 67 degrees 58 minutes 30 seconds East, 174.00 feet to the place of BEGINNING. BEING KNOWN AS 9 HILL ROAD, CARLISLE PA 17013 TAX PARCEL NO: 49-09-0521-018 Goldbeck McCafferty & McKeever BY: Mictael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS (Mortgagor(s) and Record Owner(s)) 9 Hill Road Carlisle, PA 17013 THE. UNITED STATES OF AMERICA Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-5792 NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 Hill Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RESIDENTIAL FUNDING CO, LLC. 8400 NORMANDALE LAKE BOULEVARD, STE 600 MINNEAPOLIS, PA 55437 RESIDENTIAL FUNDING CO., LLC 8400 Normandale Lake Boulevard, Suite 600 Minneapolis, MN 55437 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 9 Hill Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my rsonal knowledge or information and belief. I understand that false statements herein are made subject to the p74 es of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 17, 2009 BY: Mich 1 T. McKeever, Esq. Attorne for Plaintiff I t al..% p 2C9 9 APR 2D PI"'i €: ' 8 c "I a ?' ?,r 08-5792 r GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5792 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Kim Stevens Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 9 Hill Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $409,625.86 obtained by NATIONAL CITY MORTGAGE COMPANY against you. 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 NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. IN THE COURT OF COMMON PLEAS 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-5792 t 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orp,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5792 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website ht!p://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongg_oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 71106FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 2 6 0 9 Aril 2G [ C : 33 PEN" 08-5792 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s' , ACTION OF MORTGAGE FORECLOSURE Term No. 08-5792 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVIS, STEVEN R. STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 Your house at 9 Hill Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $409,625.86 obtained by NATIONAL CITY MORTGAGE COMPANY against you. 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 NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. h• , 08-5792 You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: http://www.12hiladelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5792 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.bud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org, consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 71106FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. F Ztt20 .; t 38 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5792 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, Plaintiff (s) From STEVEN R. DAVIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $409,625.86 L.L. $.50 Interest FROM 10/2/08 TO DATE OF SALE PER DIEM AT $66.38 Atty's Comm % Atty Paid $155.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: APRIL 20, 2009 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Al., 96 s Curlts-R. Long, P t By: Deputy Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 71106FC CF: 09/30/2008 SD: 09/02/2009 $409,625.86 NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) 9 Hill Road Carlisle, PA 17013 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5792 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: r fta t ??So?ovlto/s?i? • Srritugu Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully sub tted, ' '11111 . BY: Michael T. McKeever, Esquire Attorney for Plaintiff cc g K LL S ? LL 0% N LL U O LL g o U ro 93 j m > vs N C LM ?d' -8 Z5 15 OI W 46 ? = U n_ C?-6 io Eo LL L x i!S y O o 0 o? N Q t 4- ?LL ? ? Ham,` 'A rb`?• d No a•?, O3 (? o O Y •v v c m ?C 4; O W U° d LL C'i w d ??rcy f E , 2 tq J -O O D w p am o ? CLm z ' ? c n cv W-D0 to Lnd 22 -a E $ W O's a o x w' mN ?O'E CL CO 2 a S 2 <n w z d y d a (n Q YoWacA wo?W+W) u') d r LLJ E-jF-?Jo zO?(2) (1) m OL N 0 z Cl) ao Q m W `! ? C13 W U U J ? J > O 00w < e Co (7 m (n z 0 z i c ) v Z 4) 0 - 0w , no my M Z a d a Z J LO LL o w LLo -i z cn ?z ag p C,j Q < J F- N fA C EL 1-?C, w0 Q w o a co CO CD LU z 40 O OL)dU cco xa`to Ct O D tti c4i Ni QI C O C m E Q V A a` m m H z U o O M 0. O d? y W = ?rnU E a° a z W F K IL ?+ v t? H 5.t z m ti C6 C m a c O 0. m Y C pCL U N 0 a_ N 0 O N T 11? JU- OD M LL a O? 0 0 N 0 W O m N D f6 Z, c O O U c 'C ?C C 0 U U w 0 r ti co Q Q z w W cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE NATIONAL CITY MORTGAGE CO. Plaintiff (Petitioner) VS. CASE and/or DOCKET: 08-5792 SHERIFF'S SALE DATE: 9/2/09 STEVEN R. DAVIS Defendant (Respondent) I, NAIn QJ-k -5- declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berks, hat I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: UNITED STATES OF AMERICA ADDRESS: 228 WALNUT ST,2ND FL, FEDERAL BLDG, HARRISBURG PA 17108 On: 4/30/0 At: ? ZO 1 VY l Description: Approximate Age J' Height !Weight M Race Vj Sex f- Hair _?' h With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. NAME:S S TITLE: t h . A-s s+ . ? MILITARY STATUS: NO /YES RANCH: COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: MOVED UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: l.) 2.) 3.) SWORN TO AND SUBSCIBED BEFO MET IS 3 0 DAY OF 12009 n NOTARY' 11VVA,V PROVEST, LLC P.O BOX 1`'.180, 93 EAST MAIN STREET, BAY SHORE, NY 11706 631.666.6168 631.666.6295 (F) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff VS. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) 9 Hill Road Carlisle, PA 17013 Defendant(s) Term No. 08-5792 AFFIDAVIT PURSUANT TO RULE 3129 NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 Hill Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RESIDENTIAL FUNDING CO, LLC. 8400 NORMANDALE LAKE BOULEVARD, STE 600 MINNEAPOLIS, PA 55437 RESIDENTIAL FUNDING CO., LLC 8400 Normandale Lake Boulevard, Suite 600 Minneapolis, MN 55437 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 9 Hill Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: August 17, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff fllF i AGE OF THE. P^ 7174,, MARY 2009 AUG 19 Ph 1- 4 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which NATIONAL CITY BANK is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 20TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5792, at the suit of NATIONAL CITY MTG CO against STEVEN R DAVIS is duly recorded as Instrument Number 200934138. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this S,tk day of (C , A.D._ %o-4d t nA Recorder of Deeds A:a r?wia?wa? EA*4$ kis Fal **"y cat j&j.:-?u10 Sheriffs Office of Cumberland Count R Thomas Kline ?t r G? Sheri OF THE P +; THONOTARY Ronny R Anderson 4?,X,,' ?ectrr;,l??r? 2009 OCT `5 QM 1 { : 04 Chief Deputy Jody S Smith j, r?;:01vNTY Civil Process Sergeant rsF ?? F Edward L Schorpp Solicitor National City Mortgage Company vs. Steven R Davis Case Number 2008-5792 SHERIFF'S RETURN OF SERVICE 06/20/2009 11:35 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 1133 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property (2 Tracts) of Steven R. Davis, located at, 9 Hill Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/20/2009 11:35 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 1133 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Steven R. Davis, by making known unto, Steven R. Davis, personally, at, 9 Hill Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to himpersonally the said true and correct copy of the same. 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of, National City Bank, of, 3232 New Mark Drive, Miamisburg, OH 45342, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 914.82 SHERIFF COST: $914.82 f iof/3?p?t SO ANSWERS, 001,14 ? 'getmogme -Ie?- ptember 17, 2009 R THOMAS KLINE, SHERIFF Odla? ck 119F? AC4 ji 3 s'??? Goldbeck McCafferty '& McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS (Mortgagor(s) and Record Owner(s)) 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-5792 NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 Hill Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,'PA 17013 4. Name and address of the last recorded holder of every mortgage of record: RESIDENTIAL FUNDING CO, LLC. 8400 NORMANDALE LAKE BOULEVARD, STE 600 MINNEAPOLIS, PA 55437 RESIDENTIAL FUNDING CO., LLC 8400 Normandale Lake Boulevard, Suite 600 Minneapolis, MN 55437 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 9 Hill Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my rsonal knowledge or information and belief. I understand that false statements herein are made subject to the pen res of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 17, 2009 GOLDBEC cCAFFERTY(Z BY: Mich 1 T. McKeever, Esq. Attorne for Plaintiff 08-5792 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY 3232 New Mark Drive Miamisburg, OH 45342 Plaintiff vs. STEVEN R. DAVIS Mortgagor(s) and Record Owner(s) 9 Hill Road Carlisle, PA 17013 THE UNITED STATES OF AMERICA Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5792 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVIS, STEVEN R. STEVEN R. DAVIS 9 Hill Road Carlisle, PA 17015 Your house at 9 Hill Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $409,625.86 obtained by NATIONAL CITY MORTGAGE COMPANY against you. 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 NATIONAL CITY MORTGAGE COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. IN THE COURT OF COMMON PLEAS 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. r 08-5792 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www. hip 'ladelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5792 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.g_o_v for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(cr??oldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 71106FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL those certain two tracts of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in a township road at land now or formerly of L.E. Mell; thence by said Mell land, North 21 degrees 25 minutes West, 117 feet to a point; thence by land now or formerly of Earl Tritt, North 23 degrees West, 225 feet to a point; thence by now or formerly of O.A. Kitzmiller, North 82 degrees 50 minutes East, 157 feet to a point; thence continuing along the said O.A. Kitzmiller land, South 16 '/2 degrees East, 195 feet to a point; thence containing along the said O. A. Kitzmiller land, South 9 degrees 20 minutes East, 147.2 feet to a pin at edge of a road; thence by road South 87 degrees 55 minutes West, 104.5 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at an iron pin on South side of Township Road 635 and Lot No. 5; thence along Lot No. 5, South 16 degrees 06 minutes East, 207.44 feet to an iron pin; thence along the above-described Tract 1, South 83 degrees 09 minutes West, 157.00 feet to a post; thence along the lands now or formerly of Earl Tritt, North 22 degrees 23 minutes 40 seconds West, 165.24 feet to a spike; thence along the Township Road 635, North 67 degrees 58 minutes 30 seconds East, 174.00 feet to the place of BEGINNING. BEING KNOWN AS 9 HILL ROAD, CARLISLE PA 17013 TAX PARCEL NO: 49-09-0521-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5792 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, Plaintiff (s) From STEVEN R. DAVIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $409,625.86 L.L. $.50 Interest FROM 10/2/08 TO DATE OF SALE PER DIEM AT $66.38 Atty's Comm % Due Prothy $2.00 Atty Paid $155.00 Other Costs Plaintiff Paid Date: APRIL 20, 2009 2 It . - 0 466;6 f - C s R. Lon thonot (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as, 9 Hill Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: Real Estate Coordinator, ` ? ! f' c G . ?'' .0l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Aff ant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, ?ditor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 XUL WTAIS $Mx No. 22 Writ No. 2008-5792 Civil National City Mortgage Company VS. Steven R. Davis Atty.: Michael McKeever ALL those certain two tracts of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cum- berland and State of Pennsylvania, bounded and described as follows: TRACT NO. I: BEGINNING at a point in a township road at land now or formerly of L.E. Mell; thence by said Mell land, North 21 degrees 25 minutes West, 117 feet to a point; thence by land now or formerly of Earl Tritt, North 23 degrees West, 225 feet to a point; thence by now or formerly of O.A. Kitzmiller, North 82 degrees 50 minutes East, 1557 feet to a point; thence continuing along said O.A. Kitzmiller land, South 16 `/2 degrees East, 195 feet to said point; thence containing along the A. Kitzmiller land, south 9 degrees 20 minutes East, 147.2 feet to a pin at edge of a road; thence by road South 87 degrees 55 minutes West, 104.5 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at an iron pin on south side of Township Road 635 and Lot No. 5; thence along Lot No. 5, South 16 degrees 06 min- utes East, 207.44 feet to an iron pin; thence along the above-described Tract 1, south 83 degrees 09 minutes West, 157.00 feet to a post; thence along the lands now or formerly of Earl Tritt, North 22 degrees 23 min- utes 40 seconds West, 165.24 feet to a spike; thence along the Township min- Road 635, North 67 degrees 58 &let to utes 30 seconds East, the place of BEGINNING. BEING KNOWN AS 9 HILL ROAD, CARLISLE PA 17013. TAX PARCEL NO: 49-09-0521- 018. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?he?latriot:Neu?s Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its pr ncipal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously, published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 Sworn to and?aQbscribed before me this 14 day, of August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA L Notarial Seal Sherrie L. Kisner, Notary Publir:: City Of Harrisburg, Dauphin Gninty My Commission Expires Nov. 26, 201 i Member, Pennsylvania Association of Notaries 07/31/09 08/07/09 Sale No. 22 Writ No. 2008-5792 Civil Term National City Mortgage Company vs. Steven R Davis Atty: Michael McKeever ALL those certain two tracts of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point in a township road at land now or formerly of L.E. Mell; thence by said Mell land, North 21 degrees 25 minutes West, 117 feet to a point; thenc@ by land now or formerly of Earl Tritt, North 23 degrees West, 225 feet to a point; thence by now or formerly of O.A. Kitzmiller, North 82 degrees 50 minutes East, 157 feet to a point; thence continuing along the said O.A. Kitzmiller land, South 16 Y2 degrees East, 195 feet to a point; thence containing along the said 0. A. Kitzmiller land, South 9 degrees 20 minutes East, 147.2 feet to a pin at edge of a road; thence by road South 87 degrees 55 minutes West, 104.5 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at an iron pin on South side of Township Road 635 and Lot No. 5; thence along Lot No. 5, South 16 degrees 06 minutes East, 207.44 feet to an iron pin; thence along the above-described Tract 1, South 83 degrees 09 minutes West, 157.00 feet to a post; thence along the lands now or formerly of Earl Tritt, North 22 negrees 23 minutes 40 seconds West, 165.24 feet to a spike; thence along the Township Road 635, North 67 degrees 58 minutes 30 seconds East, 174.00 feet to the place of BEGINNING. BEING KNOWN AS 9 HILL ROAD, CARLISLE PA 17013 TAX PARCEL NO: 49-09-0521-018