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Home My WebLink About08-6162 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ,dANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: d9' U' b)- Cyr d I 74/rrn COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: d j - G /6 ,2 etwq 7z...- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, LSF6 Mercury REO Investments, LLC, the address of which is, 715 S. Metropolitan Ave. Oklahoma City, Oklahoma 73108, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. Mortgagor(s): Douglas A. Bender, Sr. and Bonnie J. Bender (b) Date of Mortgage: January 3, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1978 Page 2947 Date: January 5, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. Assignee: The CIT Group/Consumer Finance, Inc. Date of Assignment: January 8, 2008 Recording Date: January 28, 2008 Instrument# 200802660 Assignor: The CIT Group/Consumer Finance, Inc. Assignee: LSF6 Mercury RED Investments, LLC. Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 105 Water Street, Summerdale, Pa 17093 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Douglas A. Bender, Sr., P.O. Box 507, Summerdale, PA 17093; Bonnie J. Bender, P.O. Box 507, Summerdale, PA 17093 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of September 30, 2008: Principal of Mortgage debt due and unpaid Interest currently due and owing at 8.99% per annum calculated from March 1, 2008 at $24.30 each day Late Charge of $39.97 per month assessed on the 16th of each month from April 16, 2008 to September 16, 2008, (6 Months) Escrow Advances made by Plaintiff Previous Servicer Fees Accrued Late Charges Title Search/Report Fees Attorneys' Fees and Costs TOTAL $98,649.67 $5,200.20 $239.82 $1,710.17 $1,110.75 $402.43 $250.00 $4,932.48 $112,495.52 8. Interest accrues at a per diem rate of 24.30 each day after September 30, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: S & D File No. 08-033540 SHAPIRO & DENARDO, LLC BY: AAACI au,41?? Attorneys for Plaintiff& . r I E J t.: . 1 201 J-9N 5 Phi 3 09 Prepared Jay: Wilmlagton pinance. Ina 401 Pi =tdh Read. Style 400 Plymouth Mee ft PA 19462 Return To - Wil-few a Pi"ante, Int.. P. 0. Bwr 7000 Plymouth Meating,l?A 14462 Premises: 105 WATER SnIsw SUMINERDALE. PA 17093 Parcel Number 09-12-2995433 Won Number. 2000038397 !sty Abu- nb Lae For Raor&g Dital MORTGAGE MIN 100372406123885383 DEFIN1TiONS Weida: 4340 ip 144111Ple 34911ous of this document are defined below and other words = d0fiacd in Sections 3,11,13, 18, 20 pd. 21. Cetmla ruler; regetdm8 the usage of words used in this document are also provided in Section 16. (A) "Security Iaatraaeut" mean this document, which In dated January 3, 2007 tbgethor with all Rid= to this documeaL (l) "Borrower" Is DOUGLAS A. BENDER, SR AND BONNIE L BENDER, HUSBAND AND WIFE Bormweris16 mortgagor folder this Security hmmen4 MNMMVAMA - Sk& Famoy- Faw2 wo mdea uw 11NPOFlA Ml9 wton ugly bm Fam 3039 101 4f 4A(PA) ON" Pop t?lta ADZ. R t5 j Vllt YMPN 6ehRu., 4q. pDS-6PA KK 1978PG2947 0911 BMW 121103 PM CUMBERLAND COUNTY Inst.# 200700668 - Page - o• Z (C) "MW" is mottgaga Bktdroaic Registration 5ystams, 14e, bw is a s as a nominee for Lender ad Lades successors cotpareUan the is acing solely W&MOat MW 1s argsalsed and mdulog 11444r thenand Las W1 2M tawe?,Saad hra as adds sees 6 e thh Security ofP,0, Box2026, Flint W 435O1?026, K (888 MHW. telephone number (D) "Leader" is W#mbqgw Fioawk Ire. Under h a Corpntatitus orwbwd and Meting under the laws of Delaware Luntdws eddness is 401 Plymouth Road, Suite 400 Plymouth Hlee ft PA 19460 (4 "Hate" romans the promissory note signed by Borrower and dated 3.2007 The Nom sfa%s that Bbnower owes leader January NluirWine Thousand Four Hundred My and 001100 (U .S. S 99,450,00 Dollars Pine latomg, Borrower has promised to pay this debt in regular Periodic PAYmeute ad to pay the debt in fidl nor lake than January 1, 2037 (p) "pr' Viy" means the property first h described below under the beading 'Transfer of Rights in the Propery. (4) "Lana" means the debt evidenced by the Note, plus intetM any prepayment charges and In ohatges due under *a ]Vote, and allamms due under this Somudty Instrinnemt, plus interest (10 "Hiders" means 40 Riders to this Security Instruracat that are executed by Botrower. The following Riders are to be executed by Borrower [check boot as applicable]: ? At(jttstablo Rate Rtdcr ? Condamininnt Rider ? Second Flome Rider ? J!Wb m Rider ? Planned Unit Development Rider ? 14Family Rider ? VA Rlder ? Biweekly Payment Rider ? Other(s) [specify] M "APPdkable LGW" mesas all mphallatg applicable federal, state and local As ateg. ragttlations, ordinances and A-t-l5tngjW rules and orders (that have the edfect of law) as wall as ail applicable Q. Pon-appeelabk judicial opinions. (J) "Ca®nnaity Anotieflon Ddes, Rees, ad Aasaseents" metes all dues, &es, ass" atenrg tali other oherges that ate imposed on Botmwer or the Property by it condomidum association, homeowners associa:ion or similer at>?etdeaNon. (1Q "Btsafrealc Fronds TnWer",.means any tmast'er offimk other than atramaacaott on ' aced by shta7er'pepa? kstrtmtamr, which Is initiated through an cWtonla tenn!,W, ulophonic i?astumel, check, pcatnimr, or MWWC tape Ian ae to older, iastruLk or auahodze a t7naaoial tastittaian to debit or credit as account Such term inGUEN bit is Aot 1101ted in, Paiat-of sale ttAttsk; automated teller machine transactia telephone, whaftmfeM and automated dmiaghouse trorlafera. ps, transfers initiated by (L) "Bscrmr Yana" means those items that cue described in Section 3. 4 ft4 PA) PMra1 DD"PA PM ZW15 Fenn 3M tAt OK 1978PG2948 08!1612008 12;11 3 PM CUMBERLAND COUNTY Inet:2D07o06t38-Page; of N4 par "Miscallassoas of Proeteds" ang my cpmpenWIM eetoemeny award of damegcs, or FW-Ced; pull by any ' or de:unetioak the Pmpeaty (ii) wpademaatioapald ar, under the talaog of ail covers ses or any pare descrihed of in the Section Propa?ty. tb (iii)coav m' in in of condemnation; or (lvj Pre Mtatians of, or omisaiom as to, %C rabu and/or coed 'oq of the PROM, (H1 "Hortgage laaarance" means'"uraaee g ceder Using the no Maw amounts nder Secami 9 Of Wak U M ML uat due for t7 princi pel an d ofh or dLfiWt on, am LogL t under the NOW, plus (1) MAIMING% "XWAu maaas dw RQd B#* Sett cM=t Procedures Act (12 U.S.C. Sccaon 2601 et Reg WM X (14 W4L Part 3.% as gwy mlght be amended f time ) and any Lnpkionei,+ '"'" 16SWedw or mgNadoa that As to time, or awry additional or ccw* " SPA" MISS to 411 Mgnkemeats ad re trj?n, 9 W imp end ?ttrega to ause feddis this Sled mo Gtsaumeae ewe Ifthe Loan does noa gaelif? as a "fedrrelly teleird =n loan=A t er allyrtlee mortgage loge RBSPA, perry "Socceiser d In I Hnkrut'S obligations triton any PAV U bas tako title to the Prapt!rty, whether or not that gallons Under the Note and/or this Seccaity 1nsonneat. UANSM OF REFII'S IN THE PlopWy This Security Inotnuneoc wearer to Lender: (1) the repayment of the Loan, and all renewals, c:tcastons and 100,01ioltdOns of the Now, ad (li) the petfonuauoe of Borcowees rovennnts and agreements under this Security Iastrumant and We Note. For this putposo, Borrower does hmeby n30ng, grcnt and convoy to MFlLS (safely as nominee for Lender and Len&* succossom and nW9W) and to the suoeasors nod ami of l=d,e fwkwi "og described property located in the county of l of CUMBERLAND lKcom of LEGAL Dp4CRIPTIONAITACM MRBTO AND MADE APART REREOF. r eanalr wilteb, cyrrently has to address of 105 WATER STMT SDALfi ISnea1 (ties Peansylvanie 11093 IMP C*l ("PmPwY Addtese"): Tom WITH all the impronments now or bmaMer erected on the proporty, and all easements. appurtouaaees, and f t urs now or hereafkr a pate of the property. All replacements ad edditioos shall also be Covered' by this Security InltttmtcnL All of the faRgoing is rdirtred to In this Security Iasmuseat as the "Property." Borrower undculards sad Wes that MER9 holds oMy legal title to the Interacts granted by liormwer in this Seeuitty Instrument, buy if accessary w comply with sew or custom, MFRS (as nominec for Under and Lender's saccumts and assigns) bas the-Agbt; to oxeteise any or all of tbosa lntertsts, including, but not 1611 to, tho right to Maim sad sell to Property: and to take any action required of Leader including, hilt not limteed to, Miming and canceling ibis Seourity Instrument, ?y$ 4ftOPAI tteetioc n,a,aau k4d. v&u DAS4PA Form 303a Ltl1 BKt978PG2949 09/1812008 12:11:03 PM CUMBERLAND COUNTY Inst# 200700698 • P208 3 C f 1 BORROWSL FOR Mel, V?S that Harrower is lawUly seism of the estate hamby convoyed end has the right to Borrower w grant neq and will defend and that the Property is unencumbered, except &r oaxttobtetam of record. emosbteaoes of tocard. generally the tide to lire Property against all deices sad dantertds. subject to any rty. TM BFCLWIT WTRUIi W comblaoa adf0au co80nants for azdartal use and licallad variatioo7 by3mis kft to constitute a atdf?n secudly insovarcnr caVerbog a p aoroPaetty. u wveornb with UNIFORM CUVENAM. borrower and Landor eovanant and agree as follows: t. Paymeat of Principal, litterrst, Eterotr items, Prepaymeat Charges, and Late Cburgcs. Borrower shell pay when due dw pWpd o$ and labran on, the debt avidonced by the Nom and any chergns due unda' the Note. Botrower shall also pay fund; for Escrow Items putsu tpto Saction 3..WW ad rite Paymen m tine under the Note and this Seoodw Ins um wt shall be scads in Us. currency. However, if any duwk or other instrument nacelvod by Lauder a payment under the Nate or this S=Wty Instrument is rctumed Lender napaK Loader may mgWm that airy or all subsequent payments due under the Note toad this Socu * rumu mt ba made In ono or mare of the faltowin fates, as selected by Lender, (a) ash; (b) money order; (e) oeAod, ohaok, bank check, lna u a check or cashiers oh* provided any such ohork Is drawn upon as iaspturion whose deposits aze insured by a federst agaaoy. Instremeatailk4 or entity., or (d) Eleatnoolo Funds Transfer, Paymnts are deemed mcelved by Lender when received at the location designated in the Nom or at such ad= location as may be doidsa aed by Lander In accordance wish the notice provisions in Section 11 Lander may mom aqp P°ymat or partial payment if the payment or partial payments are insufficient to bring the Loan current Leader may accept any payetent or partial payaunt lnsuf6crmt to bring the Loan current, without waiver of any rights beretteder or proladice to its d;W to refiso such payment or partial payments in the fugue, but Loader is not ob4gated its scheduled to apply such paY? at the time such payments are acaptcd, if each Periodio Payment is applied as of date, than Leader need not pay Interest on unepplW funds. Leader may hold such unappiied funds. gatil Borrowar makes paygtent to bring the Loan awreat IfBorrvwer does not do so within a reasonable period of tithe, Lender shall either apply such fiords or return them to Borrower. If not applied earlier, such feeds will be appllid'to the outdo ft principal balance under the Note hue tdiatelypdor to foreclosure. No offat or clalmwhich Borrower might have now or In the firture agalost Lender shell mHave Borrower from making payments due under tha Nom and thk SeoWity boat or pedomdag the covenants curd agreements secured by dds Security Instrument 2. Appiieaden of Payments or Pratte& Except as othorwix described In Ws Setxlon 3. all payments aecoptcd sad applied by Lender SW he applied In the following order of priority: (a) interest du: rudder tbo Note, (b) principal due under tho Nots; (c) amounts due under Section 3. Such payments shall be applied to each Pmiodic Payment In the order in which It beemne due. Any tenWauig amounts shall be applied rim to left chargra, seooud to as smapnts due under thin Security lnstrameat, and then to reduce the prinelpal balance of the Note. Y other If Leader resolves a peyn>ent from Barrower for a delinquent Periodic Payment which Includes a sufficient mount to pay any Isis charge due, the payment may be applied to the delinquent payment and the late charge. If more than one PWO& Payment Is ottrstatft Lender awry apply any payment metlvcel from Borrower m duo repaymetd of the Periodic Pq U=b 14 and to the extent the; each PMM=t can be paid in full To the extem that any CX= is antra; payment is applied to tits fall payment of one or more Periodic Payments, such excess may be pplied to ny d+erges due. Voirmtmy prepgyraents shall be eppliod fast to any prepayment ees and than as dcao -kd! intbe Mote. rg vnri MIPA terrnru FM 40w ' ti Fenn ilal 8K! 978PG2950 0911612008 1211:03 PM CUMBERLAND COUNTY tr GL:-- 200700668 - Pagr 4 Any application, of payments, iasasancc proceeds, or MirAni urea proceeds to principal duo under toe Note shall not extend Of 1104011C fife due date, Or change the amount, afthe Fcriodic Payments. A Rands for Beerew letats, Borrower sbau pay to Lcndcr on the day Pcriodic Payments are due under the Note, until the Note Is paid in toil, a stag (the "Foods") to p=Wa for payment of amounts due for: (a) taxes and assessmetas and mbar haw Which can anidn prft* oft dib Scourhy lhs;pWppu as a Uenor anau nbtence on the Prapgny, (b) kneel mid PWants or mound toots on the Property, tf any: (c) ptemiuans for any and no Wurante tequhed by I.tader under Setxloa S; and (d) Mottpagt Iasutancc ptrxnEttttts, ifany, at nay slums payable by Borrower to Lender in diets of fire payment of 1?Itottgage laau:amca prewimpa to ar?ordanw with dos Ptorisioes of Section 10. These items aro talifed ''8raaw ltetas,° At Odgitttttka er nay time ttlaing the aarm of the Loan, Lender may lecture that C.atsuaaity Aattootadan 17tres; >:oes, and Auessmeato, If anq, be esetowad by Borrower, and sub dues, fear and aasatmeata dtatt 6n, to Eaoaow Lear. HturoWer aball pttrmpdy ftaaisb w Lender all notices of amatrau to be paid usdet this Sdedoa. 13otooWer shill pay I.taler tiro Funds far Escrow Items units bender waives Barmwees obligation to pay tiu Fttada far ray 0"r aTi Est><od (tams, I.emder may waive Borrower's obHpdon to pry to Lander Funds far any or ell Escrow items at any Lima. Airy such waver may only be in wt tuts. In the event of latch waiver, Bmmwar almll pay directly, wbna and where paiy t tie amounts due for any Escrow Rents for wbU paaymem of Funds has bola waived by Lender and, if Lander rtqu bas, shall Anuisb to Lender rectcipts rAderAS such payment within such time perlad as Lenda may mgWm. Btwovich obligadion to make such psymenm and to provide receipts shall tt)r all ptmposce be deemed to be a covenant and ap tement contained in this Security Insut> nc4 as the plum aW,,=t and esmmunk" Is used in 6sedon L IfRm eww in abligaad to pay Narrow bane dieaedy, pa,aaant to a waiver, and Borrower tblls to pay lira amount due fur an Bow Item, Lender may exereisc its rights under Station 9 and pay nub atmormt and Borrower shall then be ob pfad cadet Section 9 to repay to Lender any sub amount. Leader may mvolae the waiver as, to any or aABearow Items at any tint by a notice given In accordmec with Section 15 and, R m = 6 tavocadon, Borrower shop pry to Lender aIIFuads, and in such amount that: an than zequittd under this Section I Lender may, at ally that, collect and hold Funds in an amount (s) sufficient to permitLonder to apply the Punds at rho time spoo fed under PIRA, and (b) not to exceed the tnaadmtaa amount a leader on require under RFSPA. Lender ahalt estimate the mount of Fonds dw on the basis of cwmnt data and rrasonsblc csdmates of expenditures of fatnre Escrow Items or otherwise in amrdence Whit Applicable Law. The Funds shall be hold in an tpsdani0n wl?oae deposits am insured by a Eldoral agency, insuummlity, or entity (ladudvte Louder, if lender is an Insdatdoa whose deposits use so insured) or in any Federal Boma Lout Bank, Lauder shall apply the Funds to pay the PAmmw items no later than the time specified under RESPA. Leader shall act charge Borrower for ODE e& and applying the Funds, annually analyzing the escrow accotmt, or verify tug the Emow Ittxtt8, tatters Lender pays borrower interest on the Funds and Applicable Law permits Lender to mulct such 'a chap. Unless in agTe0meta Is made in wrd$ng or Applicable Law mqucns idtartst to be paid on the Funds, Lender shall not be rtxNired to pay Barzower any intend or amb>gs on the Funds. Borrower and Lander can agree in wril* hownw, dent lidurca shall be paid on On Funds. Lender shall Siva to Borrower, without rdmr, an anuttal accouteting of the Funds as mquited by PMPA. 4ft4yaAd tauaiat Ad_ t?a,rtt ? Form :m8 1101 OaS-aFA BKI978PG295I 09/1e/2008 12:11.03 PM CUMBERLAND COUNTY Inst. 200700668 • Page 5 If there is a sonnies of Foods held in acrow, as det7ned under RESPA, Leader shall account to Borrower for the excess fuads is accordant witb RESPA. ir there is a shortage of Funds held In escrow, as defmcd adder RESPA, Leader shall notify Borrower as required by RBSPA, and 100nowar shall pay to Leader the omeaat Accessary to make up the shortage in accordance with RFSPA, but (a no more than 11 monthly payments. If there Is a defickne of Fuada held in escrow. as defined under RESPA, Leader shag notify Borrower as required by REBPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency In accordance with RFSPA, but in no mare than IZmoathly Paytpeats. Upon payment In full of all sums secured by this Seaurity lostrumcnt, Leader shell promptly refund to Borrower nay Ftiads hold by leader. 4. CbzMu,, Liens. Borrower shall pay all taxes, essessm pro" which cut atbtm priority over this ?° + charges, • and gImpos ro red rents s an the Pr to the if may, and ?' III r Iaasehotd payments of rouu ntrm on the Property, I Co ll Assoeiathm Dues, Foes, and Aaaessoum, If any. To the extent tbat tkm Irma, are Escrow tams, Borrower shall pay them In the moaner p waW in Section 3. Borrower shall promptly discharge any Ilan which has priority over this Seourity Instrument unless borrower- (a) Minas is wihia; to the payment of the ebligotion secured by die Ilea in a mmact acceptable to Lander, but only so long as Borrower is pwfaming such agreemeah (b) eoalasts the flan in good faith by' or defeads against of the Ilea In? Ito p mgs whloh is Lender's opinion operate to prevent the forcement of thea ten whelp those pmaed W em pendln& but only until such proceedings are cancludad; or (c) secures from die holder of the lien an agreement satisfactory to Lender subordhuning the Ilan to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Sccarity lnstrumew, Lender may dye Borrower a nppoe ide a*ing the lien. Within 10 days of the date on Oki: that notice is givoo, Borrower shag satist the lion or take one or more of the nations set forth above is this Section 4. Loader may requira Borrower to pay it °no-date charge for a real estare tale verification and/or reporting service used by Leader in connection with this Loan. S, Property Anaraace. Borrower shad keep the P unpcpvemcats now existing or hereaRer created on the Property Insmeed b not n .? loses by AM hazed, lack" within the tarsi "extended coverage," and any other hazes Wading t0. Oatthquakes and floods. for mbiah 1-Wo? w9uleft in-mco. Thia ra= inoo AaU be ziu"taluud ru #in amquats (inchtdurg deductihlt levels) and for the periods that Lender requires. What Lender rrq the ispe?yg sentences can ?e fting the tame of do Loan, The instuunce easier the lamancia t0? pursuant s to hall be chosen by Borrower subject to Leader's right to disapprove gotrowces choloe, which ?rigkshall not °" , Lender flay require Borrower to m, in connection with this Loan, either. (a) a one-time be Q=Lvd eh%W for hood nine defetntinadon, oertifiestioq and traciting servieeg or (b) a one-time Omp for Qood zoac determination and carts cordon services and subsequent charges each than mm"ings or sittularehanga occur which reasonably mild pb'e# such dosenn(aatloa. or certi5agon. Borrower shall also imposed. by tho Federal Emeiprn with blt the for t review nag an of any foes de r Imintinn Mq&*V flora as obj -don Uy Do roowo Agcy in connection wit of any flood zone D§ 4ft4WAI rat pop 6Mto DDWA Form W" IM Un t 978PG2952 08!16!2008 12:11:03 PM CUMBERLAND COUNTY Inst.# 2n0700668 - Paaa 6 of If Borrower fills to maintain any of the coverages described above, Lender may obtain insurance covcnge, at Lendar'a option and Borrower's oxpease. Lender Is under no obligation to purchase any particular type or amount of covenge. Thersfare, nth coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity to rha Property, or the contents of the Property, against arty risk, baud or liability and might provide Smatcr.or lacer coverage than was previously in effect. Sommer admotviedgas that the cost of the inaaraoco coverage so obtained might siWmantly exceed the cost of insasmor that Borrower could have obtained. Any amoants disbursed by Leader wider ft 6octton 5 shall become sddltlowd debt of Borrower secured by this Security Instrument. These emoUers Ag bear iaserost at the Note rue fiom the data of disbursement and shall be payable, with such Intamst UP04 notice from Lender to Borrower requesting payment. All inauraaeo policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove such policies, shell include a standard mortgage clause, gild shall name Leader as mortgagee and/or as an addidbitol loss payee. Lender shall have the tight to hold the policies and =aWal ccttifu;atcs. if Leader requires, Borrower shell promptly give to Leader all receipts of paid premiums and renewal notices. If Borrower oboalue any form of insurance coverage, not otherwise requ red by Leader, for damage to, or destruction of, the property, such policy shell Include a standard mortgago clause ad shall not Loader as mortgagee and/or as an additional loss payee. In the event of loss, Barrows shall give prompt notice In the insurance carrier and Lender. Leader may make proof of logs If not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underiyhtg imuraaco was required by Lender, shall be applied to restoration or repair of the property, if the restoration or repair Is economically Rasible and Leader's security is not lessened. During such repair gad restoration period, lender shall have the right to hold such losuranrc proceeds until Leader has had an opportunity to impact such Property to ensure the work has been completed to Lender's satisfaction, provided that such Impaction shall be undertaken promptly. Lender may dubnme proceeds for the repairs: and .. w....i... i.... •r..ai. ?,.,.....?. ..«:« ..J ?..?«.. ,.yrr..N .. ir,. comer to -mntvtMft ihv,QQ 8a ant Is made In writing of Applicable Law requires interest to be paid on such insurance proceeds. ?endar sh not be requited to pay rorrower any interest or cumlags era 3UU11 tnvuvwta. Pwa ivr pubtiv rdjuatoro, or other acrd psrdee, retained byllorrowor shell not be: paid out of the insurance proceeds and shall be the sole obligation of Bortowar. If the toltoretion or repair is not economically feasible or Loader's security would he Itssoned, the insurance proceeds shall fie applied to the sums sand by this Seourity logtromeat, whether or not than due, with the excess, If any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Boaower abandons the Property. Lender may Me, negotiate and settle coy available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier bas offered to settle a cialm,thea Leader may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either cvvnk or ifLeltder acquires the Ptoper(y under Section 2: or otherwise, Borrower hereby assigns to Lender (a) BMWs rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Searwhp Inot menu, and (b) any other of Petrower's rights (other then the right to any refund of unearned pmmiuata paid by Borrower) Under all bastrance policies covering the property, insofar as such rights are applicable to the arveraga of the property. Leader may use the insurance proceeds either to repair or restore the Property, or to pay amounts unpaid under the Note or this Security Iosrrament, whether or not than due. D la suer: t??dr?ipA tam?at vrpr rate Form ? trot DOSlpA OK 1978PG2953 0911612008 12:11:03 PM CUMBERLAND COUNTY MIL O 200700668 - Page " o 60 der cce a Borrower sbau occttpy, establish, and an fbe Property as Borrower's ptitt kw residence wiWo ys u attaaarioa of tis h Security htdrument and shall continuo to occupy the Pttrpaw as Borrower's corgi sled! enc _ beers at low am m year star the dew of occupancy. units Longer otherwise agm in yV&IM which central. y wit>thatd, or tmieaa etk=ft elrcamsttences odd which am beyond Bons 7. Preservados, Alsiateasnei and Protection of are Property; [aapad"L Borrower Ida tat desavy, damage or impair the Property. Allow dte Property 10 ditdorate or commit waste on the Pro ?g is the Propony, BotT4wor shall -toy q the lhetY Whether orriat dvi Boaft is ProporRY is order to prevent the Property {m deeoriorssnrg or demssbyl involve duo to Its condition. Unless iris detarmtoed purruaut to Section 5 that tq* or reactation is not e Wly feasible, Borrower shall pt+ot» ptly topoir gm Property If daoteiad to avoid further deterimmdon or damage, If lose>aace or eondonoidaa prot& are paid in connection with damage to, or the tttiBttg a& the Property, Basower "I be No for repairing or nsWq the Prop" only If Leader has toleased pta cads for such purposes. Lender may disbuw pmooeds for the repairs and mooredon in a do& payment or in a cries of progress paymonts as the Vatic is completed, If the insurance or coademtudon pros cads are not sufliderd to sepatr arrestors the Ptuparty, Borrowor is not refleved of Barrower's obligation for the completion of such repair or restoration. Lender or its agent may make nwsoneble entries upon and Inspections of tits Property. If It his reasonable causer Lender may *Nxt the h*dOr of*E improvements on the Property. Lander shell give liorrowor notice at the tituo of or prior to such an interior inspection speaifying snob reasonable cause, & Borrower's Lou Apptlealioo. Borrower shell be in dofralr or &' Astons or endtles acting at the diteatian of Borrower orw gorrhe Loan owePs kn?awk? ' ter dge or consent gave masoeidly bates, misleading, err inaccurate information or statements to bender (or failed to provide Lender with material information) in connection with The Lose. Mtaaiai representations include, but art not i'aaitcd to, Rptescatatioru caner ttg BarS+ewei s occupancy of the Property as 801rowcr's principal residence. 9:. Protection of Lender's Interest in the Property and RICku Under this Secarity Inatrnmeat. V (a) Borrower fa11s•to tutPorm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Loader's interest in the Property and/or rights under this Security instrument (tucb ar a proceeding is bankruptcy, probate, fat condesaaetion or forfeiture, for onforcemeat of a ilea which may attain priority over this Security lostminept or to enforce laws or regulations), or (a) Borrower has abandoned the Proptaty, then Lender may do ad pay for whatwar is reasonable or appropriate to protact Lender's Interest In the property and right :Hadar this &cority lament, Including protecting and/or aasessing the vuluc of the Property, and scouring l rqr, the Property. Lender's actions on include, hM Vo not I'ndited to: (a) paying any sums socarcd by a tics wpaie has priority over this $#*Iiy lastrumatt; (b) appearing in court; and (e) paying reasonable stteruaya' fees to ptoted its loteroat In the Prop&V sadlor tights aadcr this Security Iruoumaat, Including its seamed position in a bankruptcy proceeding. Securing the Propeny includes, but is not limited to, enuring 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 dsogetous conditions, and have utilities turned on or of Ahhough Lender may take action under this Secton.g. Lender does not have to do so and is not uadcr any duty or obligation to do so. It is agreed that Lender inears no' liability for not taking any or ell actions authorized under this Section 9. t??alt(pN taarm D»S4A Valm Pips ad mK FYUfa 3039 tAat BA 197 8 PG 2 9 5 4 09/1ii12008 121 1A3 PM CUMBERLAND COUNTY tnstp 20070066e -Page 9 c f.1 Aay amoaw dlsbmsad by Leader andat this Seatian 9 shah become additional debt of Borrower secured by thin 9acm* beer n ticaL Tbase smoamts shall bear Wetett at the Note rate from the date of disbursement and shall be pq&ley whh earth intoner, upon notice from Leader to Bornmer roquoting payment. if this; Security Instruzzo t is on a kasaboid, Borrower shall comply with all die provisions of the lensr. If the fee dde to the Property, the leasehold and the fee tide shall not merge unless Lander agrees to the m In wdtms? it Martap gamma. If Lender required Modgago Ineunmoo ee a condition of makiag tie Lean, Borrower shall pay The preaionts required to maintain the Mortgage Insurenae in effdat It, for any reason, the Mortgage Insurance coverage required by Leader aeries m be atrsilable from the mottgago Insurer that previously provided such Imswomce and Borrower was required to make separately designated payments toward the premiums for Mortgage Imaraack Borrower shall pay din premiums required to obtain coverage substantially ogo1velad to the Moroge lasatatles previously is effect, at a cost substendally equivalent to the cost to Borrower ofthe Mortgage Insimce presiously in eGeat, from as eh Mate mortgage insurer selected by Leader. If snbstandally equivalent Mortgage Iosurenee caverage is not available, Borrower shell continue to pay to Lender the amount of the separately doslpated payments that were due who tho insurance covusgo ceased to be to off= Lender will accept, use and rctais these paymouts as a non-ratiudabic ion reserve in lieu of Mortgago Iasurance, Such loss reserve shalt be non-mfuadablk tamwbalanding the fiat that the Loan Is ultimately paid in fitJl, and Leader shall not be required to pay Homwer any interest or earnings an such loss reserve. Lender can no longer require toss reserve payments if Mortgage Insurance coverage (In the amount and for the podod that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Leadet requires separately designated payments toward the premiabne for Mortgage Insurance, If Loader required Mortgage buw mce as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums far Mortgage lnsursucc, Borrower shall pay the pre ch ms required to malutain Mortgage Insurance In efleot, or to provide a non-refundebk loss reserve, uctli Leader's requirement for Mortgage litturence cads in accordance with any written agreement between Borrower and Leader providiag for such termination or until termination Is required by Applicable Law. Nothing In this Station LO a$isois Sonower's obligation to pay iotarest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may Incur if Borrower does not repay the Lou 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 lime, and may enter into ogreoments with other parties that shero or modify their risk, or reduce losses. That agreements ere on tome and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to those agrsemeuts. These agreeptentt may the mortgage basunr m malcapayauad using any source of funds that the mortgage insurer may hire available .coattail may itrahtda innds obtained .from Mortgage tasurancc premiums). A$ : a reeult:of t6eae agreements; Leader, any parchsaux of. rate ?tote, aoother insurer, any reinsurer, any other andty,: or any eftiliare oC anY of tie faregoing, may roaclra (diroady or iadirecdy) amounts that derivc from (or might be °as) n portion of Borrower's payments for Mortgage Insurance, In exchange for sbariog or modifyiog the mortgage inswer'a aisle, or redudag losses. Ifsuch agraoraent provides that on affiliate of Lender takes a share of the I"War's riskGtexchaage for it Aue of the premiums paid to the insurer, the arrangement is often termed *captive teinsursnt:a." Further: (*)'Any each agreements will not affect the amoobts that Borrower has agreed topayforhiortgage laeurasee, or say otber terms or the Lan. Such agreements will not increase the account Borrower will owe for Mortgage famne", and they will not entitle Borrowcr to any refead. We -66 -- Form 30311 "1 4 ft4ApyW 01401 P,c,satle -99W ppe.aPA BKI978PG2955 09116fM 12:11:09 PM CUMBERLAND CQUN1Y tnatux 20070068 -Page 9 1 (b) AaY sack Agreements will net affect the rights Borrower has - if any - with r"pett to the Mortgage tosaratme 1141101' the Homeowners Protection Act of IN or may other law. These rights may lpeludo 110 right to hTlIve Certain dhitIotmes, to request sad obtain aucelladoa of the Mortgage insurance, to have the MatVV lnennnae wall nd aatsmatiemlly, and/or to restive a nhvd of any Mortgage Insurance premimms that were omnied of the time stash unaelhtflon or hrealoation. IL Aadgn at of Miseellmaeom Proceeds; Porfelture, Ali Miss,-,liencom Pruceeds are hereby assigned to lad sh4U be pod to Lander: Nan ProparlY U domoged, such Miscelleneom Proceeds sbdl be applied to restoratien or repair of the Property, ii the sratoratatm or repair is eaanomically feasible and Leader's security is cat lessoned. During such repair and rasmntioo period, Leader shall have the right to hold such Miscellaneous Proceeds until !,ender has had as *oppoituafty to Inspect each Property to smart the work has bees completed to Lender's satsfaedon, provided that such iospeedoa shall be undertaken promptly. Loader may pay for kite repairs and restoration In a slack disbursement or ht it aeries of progress paymantr u Go work Is completed. Unless as agreement Is made In wtltiog or Applicobie Law requires lama * to bo paid on such Muse! uneus Proceeds, Lender shall not bit required to pay Sonower my iatcsasr or earnings on such Misoelhaeam Proceeds. If the rreoratiaa or repair is am ecoaoatically feulblo or Leodoz% security wagld het Icssoaed, the Miscellaneous Proceeds shall be applied to the soma secured by this Seri ft kstruniank whether or not then due. Wilt the e%coss, if any, paid to Borrower. Such Miscellaneous Pros ods situp be opplied in the order provided 1br In Section 2. In the event of a total oft destruction,, or loss is value of the Property, the Miscellaneous Pracccds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the access, if any, paid to Doraowet In the evtaht of apartial takhag, destruction, or bas in value of the Property in which the fairmaritetvalua of the Property hnmedlaeely before the partial taking, destruction, or lots ha value is equal to or greater d= the amount of the am seared by this Security laadumaat immediately before the pedal taft destruction, or loss In value, unless Borrower and Lmier attierwise agree In writing, the saws secured by this Sec uty htsmunam shall be rsdtmd by the amt of the lafiseeikneata Proceeds multiplied by the following fraction: (a) the total amount of the sums aeoaed imwediauly btsfore the parcel taidag, desowdon, or loss in value divided by (b) *a f4irmoricetvalue of the Prapttty imm:did* before the partial ulcng, destruction, or loss in value, Any balance shall be paid to Borrower. In the oveat of a purdah taking destruction, or loss in value of the Propcrty in which the faltmarketvalue of the Proliiy b mosiln ely before the pshtial taking. destruction, or loss in valuc is leas then the amount of the sums secured irmsedieWy balm the partial nuking; destruction, or loss in value, aalcss Borrower and t.euder otherwise mgtoa :in'writis% Me Miscellaaeous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then duo. V The PmpwW Is aboadoned by Borrower, or If, aft notice by Lender to Borrower that the opposing ?any (as defied In the trod seataace) *Sri to make an award to settle a claim for damages, Borrower fob to respond to I.emler within 30 days abor the dote the notice Is giva0. Lender is authorized to calker and apply tihe Miscellaneous Proceeds either to rester Lion orrpatrofthe Property or to the am secured by this Security Insanateat, whether or not than due. "00pppp? P?y?' taeaas the third party Got owes Borrower Miscellaneous Proceeds or the parry against wimm h3aaowerL a right of action In regard to Mrscalkneous Proceeds. Sorrower sholl be in default if any action or procoofhtg, wheduu civil or criminal, is begun that, in, Leach's judgment; oouid result in forfeiture' of the Property or other materiel impairmcnt of Lenders iatctest in the Propcrty or rights under thls'&vA ty lastrament. a Foam W1 MS4PA BR l 978PG2956 09116r20otr 12:11:03 PM CUMBERLAND COUNTY rust f 2007006M • Page 10 c t 4 8orrorwwer tom wore wcb a deBsult and. if aoeeloration has occurred, reinstate as provided in Section 19, by causing the ae6m or pooaadfeg m be dismissed with a siding that. In Lendeea judgmsnt, ntccludes forfeiture of the Property or other malarial fmpai mentaf Lender's interest to the ProporW or rights under this Security Instrument. The proceeds of my humby award ar and shall be d d w ttha s ath)butttttle to the l 4skment of Leader's interest In the Property are All Misoal;encous Proceeds that are got applied to mswradua or roprir of tho Property shall be applied in the order provided for in Section 2. IZ Narrower Not Relaaned; Forbearance By Leader Not a'Walver. Extension of tits time for paysaaat or otoMeadon of asmalzatioa of the sums secured by this Sataaaty butroateat granted by Lender to Borrower or any Sncceesar In blierasr of Harrower shall not operate 1o release the liability of Borrower or any Suctemo s In interest of gam w ar. Leader shell not be tequhed to commence prowedlop against any Successor In bacm of Hanauer or to sedan to extend thne for payment or othetwho modity snowdsudon of the sums scoutod by this Sum* lostn=slt by cannon of zW demand aside by the original Borrower or any Successors in Interest of Botarower. Any forheareaee by Lm ider in mrcisivii: any right or mm* inolmling without limiWor, Ltaldefs acceptance of payments from third persons, eaddea or Suecco rs is Insorest 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. 11 Joint and Several LiakWq; Co-eigaan; Summon bad Assigns Bound. Borrower Covensurs and onsets that Borrower's obligations and liability shall be joist and eovatel. Howaver, any Borrower who co4gos this Security Instrument but does not execute the Note (a 4 w signor" )s (a) Is coaigatdg this Security Instrument only m mortgage, gent and convoy the co-Signet's interact to be Property under tic terms of this Security hdnotear, (b) is not personally obligated ao pay the stuns scous ed by this Saa* Instrument and (c) agrees that Lender and any other 8omawer am agoma to exso4 modify, forbear or make any accommodations with regard to the terms aft 1h Security Ima mast or the Not without the 004soses consent Subject to the pmvistods of station 14 soy Successor in Intorest of Borrower who Imumn Borrower's obligations under this Security Instrnmom In raift and is approved by Lender, shall obtain allofBORownes rights and benefits under this Secuuip+ Im, cat; Borrower shall not be released from Bormwefs obligations mod liability undu;l6ia Security Ltstrttment uW;u,Lender ap= to 6a6 release in writing. Thu covannau and agteaments of this Soooft Ilostrumo a shall blind (oxeoptto provided io Section 20) and beaulit the successors and assigns ofi.ender. 14. Loan Charges. LendO may charge Borrower fees for sarVices performed In connection with Borrower's default, for the pxrpatn of phpto * Lendads interest in tba Property and rights order this Serenity Instrument, lnehidlne: but not lkrbd to, gdointya' fas.+, property inspection and valuation fees in regard m any other fxs, the ebsem of wpm audwrity In this eeeoriry hustsurnam to charge a specific fce to Borrower shell not be construed as Bdn on the c,pg of such foe. Lender may not eberge fees that are exptcsssly prohibited by this Se Jra utoW or able Law. 'lfdw'Loen'Is subject to a lea which acts mudtmmt loan charges, and that law is finally intetp W so that tbt interest or other boa ohatgue collected or to he collected in connection with the Loan excead the partalucd !tins, these (a) my snob ban chop shotl be reduced by due ttimm?rt necessary to nonce the chop to the permitud I* and (b) airy soars already collected from Borrower which exceoded permitted limits will be refiurded to Borrower. Lender may choose to make this rafnad by reducing the, principal owed under the Notts or by uniting it direct payment to Borrower. If a refund reduces principal, the reduction will be heated as a partial prepayment without say prapkwmast dwp (whether or not a prepaymem charge is provided for under the Note). Borrower's acceptance of any ;such. )refund made by dircat,paytoent to Borrower will constitute a waiver of any right of nation Borrower might bave ads%$ out of such overcharge, Ina 4%4W A) tan" cope is One Form M 141 DDSAPA DK f 978PG2957 1 0911612008 12:11:03 PM CUMBERLAND COUNTY Inst.r 200700888 - Page 1 ' IL Notices. All ntodees Swell by Borrower or Loader in connection with this Security UmWn& Any boll- to 1119 rrcr to iaUu%,WjVU frith dds 360" QISQ=Ill Snell De d to have berg most ?a Lp Bomwer when msfied by first etas: mace or when amWly delivered to HonQwel'; Notice Address If= by other means. Notice to WW M Boaawcr shat( OOZMk a minx m 41 Borrowers unless Applicable Lttw othAtwk The Dodos address shag he the Property Addroos rmlcrs Borrower has desiStatied by melee to Leader. Borrower shell a [y m substitato notice *1110111119 It proms for apoefig Botnawet'a P'dp of ad fear of B orrove r bij o of address. IT Leaner Ia Mart ffi dW 4Wfxd P-?°adt?. 'lm may he only nee designated notice mss MM & Oheage of Shy thm ADY loaf= to Leach's addIva 00d herein unless Leader Sat ? w " be *= by dermcring another d Roy by ateto itby er. class; ice to aottaeetoa wilt 11ds ? addlras by nods to Borrower. Any no6cc in Lem o If any rodeo Scanty Insttumeur shall not be deemed to have beat given to Leader until actually t ceived ro4 ?aldred by this Security Instrument Is also required under Applicable Law, the Applicable Law I? 6 rcgA mm under this &etrity Instrument. 1d GAvemhx Law0everabBity; hula ofConstraetlea. This Security Instrument shall be governed by federal law and due law of the Jurisdiction In which the property is located. All rights and obligations COPW eel In this Secwfty fasauscrt = subject to my requirements sad Jita(adas of Applicable Law. Applicable Law might alpBaldy or impUc* allow the parties to agree by eouhact or It might be siietu, but such aiknoe shall not be construed as a prohjbioa e$n hw asmatcot by conum In the event that any provision or clause of this Socatity Inemaw or the No ow fTraa with Applicable Law, such conflict shall not affect other provisions of this Security hIs rnment or the Note witich can be shin efct without the to dk tug provision. As used In this Seep* bstan ieau (a) words of the masculino gender shall mean and Include conaspoading neater words at wards of the WmIno gmdei, (b) words In the singular shall mean and include the plural and vice versa: and (e) the word "pray" slyu sole dlsomfiva without any obligation to take any action. 17. Borrower's Copy.Borrowerahall be given one copy ofthe Note end of this Security Instrument 18, Transfer of the Property or a Beuellefd Interest in Borrower. As used in this Section It °taterest In the DPPU%I WV" n,r.n. .q. 1-0-1 n.. t-..+p.ren !-"- A L- U. N.r.. J, Lwl...l;,.,y 1-4 - It-!" W, aw.W W61VOW941 itltetests aansfmW in a bond ix deed, contract for deed, installment soles contract or escrow agreement, the iutNtnt of which is the unasfer of title by Harrower at a fimtre date to a purchaser. if all or any part of the Properly or any Interest to the Property is sold or transferred (or if Borrower Is not a aaaua) person and it kwAoW inter in Borrower It sold or trartsrerred) without Leadlees prior written oortsent, Lencie $11 be 111J tr ma acac?dsadk=cdlrtepa in fill of all sum teealed by this Security Instrument. However, this option by Lender ffsuA exerclse Is Inohlbbed by Applicable Law. If Londor Aneeaises Ibis option, Leader shall give Harrower notice of acceleration. The notice shall provlde a perW.' of not lax than 30 days flmathe date the aoGeo It given in accordance with Section 15 wtthla which Borrower Must pay all sums toeored by this ° Seetulty Imtmmmt. If Borrower fails to pay these sums prior to the expiration of this period,-Leader may (evoke tiny remedies permitted by this Security Instrument without f4er notice or demand on Bbhi*cr. 19. Horrevret's Right to Adustete A.iter Aeeloratea. if Borrower meets certain conditions, Borrower shall have this right t6 We enforccatoat of this Security instrument discontinued at ens time prior to the oarliest of (a) frvo day; before sale of the Property pursaaet to any power of sale contained in this Security Instument; (b) such other period as Applleeble Law might speolty for the termination of Borrower's right to reinstate; or (c) entry of a Judgment earorcbig thIs Security loatrpment. 4 ft4WAI 0141191 DDS RA t?or 0lerw Form 3M M 6K 1978PG2958 09/16/2008 12:11:03 PM OLFM89RLAND COUNTY tr>,U 200700688 • Pace 12 ? Thow maditioas are thtt BOMVmr; (a) PIYa Lander aU sting which then would be due under this Security 1nsrtnnant and the Note as V no e00dawjm wow this cu any dofautt of Vetrateats, W MYa all expenses taoorred In any other wvaoapu or mmey ? ken, p ad V&dwn ? and Lincto but o "" of mmmft P*Wft Lender 'a htttlteat in dle Ph4WW =11 404 tastier this Security h== ,m4 imd (as such action restfasutr regatta to astute that Lm*ft ialarett In die Pro? c and tl tinder this S Secu t, rity lasmrmen; mad Bomwoes to Pay the SUMS UWArd by this SctrnLli str timW tatsh wpd. Laadw nmy nfQtla,saBmmm P?Y inch minsft=t sums and ex re of t re fob Arras. as Wkwed by Leader, • P? la One of ex c of the cadet's chain, ptovlded spy such check is drrW pv pb' u MGM O as Jdor; Institution on ed whose chaed bank check t:?esrad cheek or deposits am iesun:d by a &dtral aB*W• k"' y or Wtys or (d) WOOM sic !~uadt Transfer. Upon rehWatomont by Borrower, this Security kW= W and obligations scented hereby abrdi ri mdit 1, 800M as if no acceleration bad occarxd Hoaaver, 614 FI& to raiattale WA not apply Io the ease of aealeeahon War Section 18, 30. Sad: of Natet Change of Loaa SerW Nadia of Crievanee, The Note or a psrrIai interest in the Noto (togetber wirb this Seco iy htsalpoeot} tea be sold sae Or mode times wifnont prior notice to l tonwcr. A a* might this Socarky IR t r as the 'Lou SaWopo that collects Yetiodic Payments due under *a Note and sad Applicable t an There also aft mw4W hrao servicing obSgadoas under the Now, this Sauft IMMUNA the Note. ff dmro is s bdwip Il 1AW- of the Lone Ad* be one or 0100 ohanses of the Loan Servicer unml t d to a sale of state the rearh end addtass of othe f new LoSennoer; Bmwer WE ba given written notice of the ehaoge which will on Swim, dig Address to which payments should be made end any other irtfarr then a aW os in commWon Loan Is swriced by a Loan Soty? other an with the purohasa oftthe No? the m r pec lqotg loan sold and dm=ft the Borrower win remtaia with rho Loan Servicar or be aanzemd to a saeeeor Loan Smvimr an chain by the NOW pttrobww armless otherwise pr,ovidcd by the Nola pmvhrser. Neithar Borrower nor Lender may commerce, john, of be joined to any judicial action (as either an individual litigaat or the member of a ohtss) that 4dm from the other parry's actions pursuant t0 this Seem* Ustntmept or that alleges the other party has breached any ?O? c4 or any duty owed by niece of this Secarky heat, 'DO :. Bonostar or Leader: bas notift tits odw ppl?yy (with such notice given in compliance with the regViraments Of Seadolt 15) of such allt zed breach and afforded the other party berets a rtasonable period after rite gift Of Itch nedce m take ttorrtxtiva Ietift 1fApppoablo Law provides a rme period which must elapse before certain action can be mks; tint time period will be doomed to be reasonable for purposes of this paragraph. The notice of aoeateradon ad opportunity to Me Bivaa to Borrower pursuant to Section 22 and the notice of acowea a given io Bonwer ppi?nt to Section 18 shalt be deemed to satisfy the notiec and oppmtmity to take coambi provisions ofthis Section 2U. 23. Smardeua Sabstaaeet, As used in this Section 21: (a) 'Hazardous SubstaAM" are those substances dctitud as toxic Or WL=*% Subs onct; Polhtte % or wastes by Enviream W Law and the io! amtmlm cam =4 other ear =do p0olanu prnd=% toxic subatlv=t Or sad catGoaat{ve ptsticidcs and hetbtddes, vaIdila sotvants, l laws. a0$ itiws of the ,djpp wbare tba • (b) Earit°anlCnasl JAW- anrarM federaft" pt0tetxi6o; (o)'Snvitoam0otd! Cleanup" iaobldes 4 Iocad ft :claws to hoalth, safety or envirnmrc*i any mVo atx+oa, remedial action, or removal aotioq as daSoad in ft merw Law; Mod (d) an "F?( Coodidmr• manes a condition that can cause. eont % to to, or othe+wbe timer an HnAconieatai Cleanup. DnIa ft4WIQ. PROW wa nd,0 61 , DW VA Bit 1978PG2959 Fame sole teat 09!16/2008 12:1103 PM CUMBERLAND COUNTY InsL# 20070066a - Pope 13 o.'4 Borrower 60 not cause orp=n the pmum, q% disposal, nonage, or release of any H=Ldous Substances, or threaren to release arty Hazardous Substances, on or In the Property. Borrower aball not do, nor allow anyone else to do. tiz FMPREY (A) that Is In vlokdoa of any Eavla mmemnd Law, (b) which croates an LV1k1M ttiuental CouA=d or (c) whiedr, due to the presence, use, or release of a Hamrdoaa Sabdame, creates a condition that advarseiy atfixn the vahte of the Ptopgiy. 'The ptecadtng two saatenW shell not atpply to the presence, use, or storage on the Property of =all quantities ofHamrdous Substances that are smanfly* roogFkW to be 111 rI:mpe to aeratd raidwtiaai arses and to mahmarlance of the Property CmdUrfing, but got tbetted to, hetnaedous a6saancas in consumer products). Borrower shag promptly give Lender written notica of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property Bad any Hazardous Substance or Environmental Law of which Borrower has aodtal h owledge, (b) any Pavironmamat Condition, Including but Oct 1110W to, any spiiliag, kmkb& dEub ge, roleera of threat oftelaaso ofany Hasardoq Substance, and (c) any eondnioa caused by the presence, an or reekare of a Hazardous Substance which adversely affects the valao of the property. If Balrrower !cocas, or is notified by any governmental or regulatory atttheeq. or ay private party, that my rwmoval or arias =06600 of gay Hazardous Substance AM ttg the Property Is aceessay, Borrower shell PM P* aloe all ma my reaaedttd ataions to accordance with finviroaraentat Law. Nothing herein shall create any obltgt" in Lender for ac Rovironmeptal Cleanup. NON-UNWOK9 COVENANT& Borrower sad Lauder ibrther covenant sad agree as follows: 22. Aeaakration; Remedks, Leader shall give notice to Borrower prior to acceleration fallowing Borrowcr's brucli of any eoVeaaut at agreement in this Severity Iattroment (but not prior to acceleration under section Is unless Applicable Law provide otherwise). Lender 6A saisfy Borrower of, among other thlegat (a) the default; (b) he action required to cure the default; (e) who the defiolt mint bo carrel; and (d) that failure to cart the desaalt as epeetlied any result in acceleration of Be one stewed by tbis Security Instrument, foreclosure by judicial proceeding and ask of the Property. Lender shall Ibrtfer inform Borrower of the r1ot to relaahte after occelamdea and the right to anent in the foreclosure proceeding the non-existence of a default or any other defeate ofBorrowa• to aceakraeWa and favaelm1% Ulke dtk tk is act eared as apettTied, Leader at its option may regRlre;has ediate payment In fall .of41 suma.mand by this Security lostrument without further demand and may foreefcon.tkis Serve ty Immanent by judicial proeccdinS. Leader shall be endtkd to copse all expentas Incurred Is pieratdttgi the remedies provided In, Ssstioa Z2, itehdleg, but not halted to, attorneys fees and cants of tide evidenex,te the extent permitted byAppBesble Law. U Reteasa. Upon paymeac of all stags swmW by this Security instraraent, this Sam* Inft=e w and the estaas 'conveyed ahsll tsrealco a and become void. After such occurrence, Lender shall discharge and satisfy this kodttly' Insirttan a L Borrower shell psy sty recordation costs. Lender may charge Bormwcr a foe for rckadng this Security butrumerU, but only if the he is paid to it third party for seevica rendered and the charging of the fee is ttienaitted-under Applicable Law. 24. Walvers. Boriwm. to the extent peratllted by Applicable Law, waiver and rtlcasei any error or dcam in proeexdingt to onforce this Security fntartuxaat, and hereby wolves the benefit of any ptosent or fattrte laws pmvwft for say of encution, Wagnslon of time, exemption from anachtnetn, levy and sale, and homestead CxrJap?lOQ. is.. Reiadakate of penal. Borrowers time to roiastate provldcd in Section 19 shall extend to one hour prior to the eontmenextnatt of blddtsg ata sherM Isle or other salt pmuent to this Security Instrument. X Parebase Mosey ltsrigsge. If any of the debt secured by this Security Insuutacat is lent to Borrower to acquires title to the Property, this 5courity Instrument shall be s purchase money mortgage. 31. Interest We After Judgment, Borrower a. sec that the interest rate payable afhrr a judgment is entered on the Note or in as action of mortgage foreclosure shall be the taco payable nom tiara to time under the Note. 1? C4$9 eIWL.1A(Pltl tWWAti Pror'tRelli Foam = !101 DOWA 81?I978PG2960 09116/2009 12:11:03 PM CUMBERLAND cQUNfY lttiat.#200700 B-Page 14 01 BY SltriMNO BELOW, BOrmwar accepts and egMu to the 1am and cavamts contained iA this Sccndty Imlium00r and in any Rider exec bd by Borrower and n=rded with it WtuLem. "4* axf.W4 ???? (ten DOUGLAS A. BENDER SR w(Seal) -Barowa BONNIE 1. BANDER _ (seat) (W ?., M) (?) war (Sell) (Sul) . BOeDN? -Bortewu 4ft4WA) Wtn aa?olsorla D"A BK 1978PG296 I 091164008 12:11:09 PM CUMBERLAND COUNTY Fenn $0 J01 Instr; 200700668 - Page ' 5 COM140NWEALTH QFPBIgGYLYA?ft CIIIA44 &14A, Coaaty u: on *156 the 3 A-6 day of T/(iV ?f! J?'j? a-DO 7 , before me, the andea igtred off!= ply app=cd A,9A41lF:T'16 known to me (or smisfantarily proven) m he the person(s) whose mm(s) islam subscnW to the whhhr instrument end nclmowiedged that heldmAhey w=uW the came for the purposes herein eoutalned. IN WffNL9S WKWOF, Ihereauto sec my hand and ofelolseal. My Commission Bupa= 11-al4 - A V0 7 T?1' S U 19a1ttW6attl ? ?rWWallaaeaMtlertdtYacdlea NOT_ Y AY6 we Tm* of Ott m CetKltieate of$es"ca 4 W • L t cva5 tz Y , do hereby certify that the cornet addnas of the wichiu-nwwd Mortgagee is P.Q 0=2024 Flint; 0 495012026. TiiMass myhand ' day of ?I?Nljl( lQ) e 01?? Apd of Pia. DOE&A Fps mere OKI978PG2962 Form e0ss W I 0911612008 12:11:09 PM CUMBERLAND COUNTY lnoL# 200700668 - Page If t;IIc _r I ALL THAT CERTAIN piece or parcel of land Situate in the Township of East Pennsbow, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. liaffensperger, Registered Surveyor, of Lemoyne, Pa., dated September 25,1958, as follows:- BEGINNING at a poiei; marked by a stake, on the Southwesterly side of Water Street two bundrod eighty throe and sixty-one hundredtbs (7.83.61) fart Southeast of the Southeasterly comer of Water and Second Street, dwace extending along the said side of Water Street South saventy--five (75) degrees East one hundred eight and sixteen hundredths (109.16) feet to a stake at a commr of Lot No. 18 on the hereinafter mentioned plan; thence along the same south etghtcen (18) degrees forty-we (41) minutes East one hundred twenty five (125) feet to a stales on the Northerly side of a sixteen (16) feet wide allay, thence along the same South sevanty-ona (71) degrees nineteen (19) mutes West ninety (90) feet to a stake at a comer of Lot No. 22 on the herdokader mardionad plan: thence along the same Notch alghteea (ill) degoas forty one (41) VAInknon Went one hnaditcl es*" live (1$9) foot to the paint and plaao of BI GINIWG. BEING Lots Was. 19,20 and 21, Section "A" on a plan of lots entitled "Revised Plan of Lots of Summerdale", wWob said plan is recorded is Plan Hook 2 page 109, Cumberland County records. HAVING thereon erected a one story semi-detached concrete block dwelling,. kwwmw QL w tv? \AV ( cIcy ,? tee, -: helv rn a1w, I + t CertifY this to be, recorded in tiY oltd?r of greeds BK l 978PG2963 0911612D09 12:11:05 PM CUMBERLAND COUNTY InsL#200700889-page 1, of July 9; 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page I of I 40 ??,,, HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Douglas A. Bender, Sr. nnie J? ?endgr __ 105 Water Street Summerdaie, ?A _`_ _ 00009800650595 _ Willmingft rima . I. ng,------- The HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOiJ MAY RE RI,1GiRi.F FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HFi,P VOIJ MAKE EIITiJRT. MORTGACM PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE BACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OACCUR WITHIN 014OW TO CURE YOUR ORTGACiF J)FFAJ it TD RTCTAGE IJP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addressee and tale= hnne numbers of deli ated c ns rn r credit counseling agencies for the co my in which the pmjaffty is lnented are set forth st the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immell_iatJ of your intentions. APPI JC.ATiON FOR MORTGAGE, ASSiSTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MIiST 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. AGFNC'Y AC`.TTON - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE, OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 105 Water Street Summerdale, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MQnttlly._Payments. of.$79948 for April 1,,_2008 throg_g_h Julx 1.2008_._?3197?92 Manthl.}r .Late Charges of„?9.47 _for April l,_20g$.thro._ ugh Jung_1, 200.$._ _119,91 ____T.____w_ Other charges (explain/itemize): Other Late Charge=$439.60 _ TOTAL ANOUNT PAST DUE: S3748_18 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not use if not apnlicahle): hTLA HOW TO CURE THF, DEFAULT _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS "748-18 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mg h made either by ash, reshi r'c h ek, m-a fled check or money order made nny } hg and sent to-, 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 am ltSahle ): hTLA Page 3 of 3 IF YOU DO NOT CURE THE DF.FAilL.T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to eser ice its rights to accelerate th mortgagee 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 forecinse upon your molUaged property. IF THE MORTGAGE IS FORF.CL.OSF.D UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defy it within tha- THIRTY (30) DAY rind, yin will not hi mygLred to pay attorney's fees. OTHER L.FNDF.R RFMRDiFS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO C:IIRF. THE TIVEA111.1 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 hay. the right to cure the default and prevent the sale at any tinn to one hnur hnfhm the 4hPriff s Ralf- You may cln?g_n by mvina the tntal amount then naet ring nlno env Info - r,4.1.e.. +U- a.. in wntnng ny Tne ienner ana ny nerrnrmin r any ot_ ht r requirements under the mortgap. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHF.RLFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed. to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: CIT Address: 715 South Metropolis Avenue suite 150 Phone Number: _1_500-621-1437 Fax Number: _1-405-553-4790 ?..._--_-_..._.._..._ ._.___.._....... __ Contact Person: Customer EFFECT OF SHERIFF'S SAL.F. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSi1MPTION OF MORTGAGE - You may not 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. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Wooderest Corporate Center 111 Wooderest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 or5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM. ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 4 1 ? r'r fkJ,.It VF 4J 11, p+ ; j .)l 14 ------ C3 _.....-.-. ",,? -, w o ` --?.., C7 M C3 .- u! F- z aWag Q°a "- .o` w z w occ c z?0cr ?? LU C] ? U ?C • G Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpieoe e A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Cetafied Mail may ONLY be combined with First-Class Mails or Priority Mail& N Certified Mail is not available for dory class of intemational mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured Pr. Registered Mail. s For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Qt rn Receipt service, please complete ar>d attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the tee. Endorse mallpiece'Retum Receipt Requested'. To receive a fee waiver for dutp? to return receipt, a USPSO postmark on your Certified Mail receipt is N For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted geiivery". in If a postmark on the Certified Mall receipt is desired, please present the artb cie at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed, detach and affix label with postage and mail. IMPORTANT., Save this receipt and present it when making an inquiry. PS Form 3800, August 20118 (Reverse) PSN 7536-02.000.9047 S 0 s E3 _n O O C7 I N j C O 0 C3 0 O III ru M N j 0'I N . E U E 8 N 2 M E `o a1 n. u zI ?I N on o July 9, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page I of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Douglas A. Bender, Sr. Bonnie J. Bender 105 Water Street Summerdale, PA 009800650595 Willminglg„nnance Ine._ The CIT Groin HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF ET,TGTRLF, FOR FINANCTAT, ASSISTANCE WHICH CAN SAVE VOTTR HOME FROM FORECLOSTTRF. AND Hi,jLP YOU MAKE FTTTTTRR MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), 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 FORECT,OSTTRF, - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THTIS A1EFTTNS: MITST OCC-TIR SIi' IN NOTICE C A r r RD 014OW TO CT TRF. Y01 TR MORTGA(TR DRFAT J1,10, RXPT.ATNq HOW TO BRING Y01TR MORTGAGE UP TO DATE. CONsirm-ER CREINT COLTNSFuNG AGF,NrIFS -.. If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The namm, addresses anti telenhnne numbers of dmip ated cnntumer credit counseling agencies for the county in which the nrn aU is lncated sire set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immedia el of your intentions. APPT.TC'ATION FOR MORTGAGE, ASSTSTANCF. -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MITST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DFFATTLT - The MORTGAGE debt held by the above lender on your property located at: 105 Water Street Summerdale, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MonlW P#Meuts of $799.48 for AAril 1, 2008 through July 1, 2008 = $3197.92 Monthly Late Charges of 9.97 for April 1. 2008 through June 1.204$ = 5119.91 Other charges (explain/itemize): Other Late Charge=$439.60 Previous Attorney Fges = X990.?5 TOTAL AMOUNT PAST DUE: _ S3749-19 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION fI]n not use_i if not apnl icahle): NIA HOW TO CYTRF. TTIR DEFAULT ..- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S374$.1$, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Papnent, mnct he made either bysach, cdriers check-, certified check or mnney nrder madg payabla arut cent tn• You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not rice if not n licahle_): Na Page 3 of 3 TF YOU DO NOT CURE THE DF,FAITT.T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to ex .r is its rights to a . l ra the mortggge debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged proper - - IF THE. MORTGAGE, j,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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yn cure the default within the THIRTY (30) DAY period, you will not he required to pay skttorncyls fees. OTHER T.ENDF.R RF.MF.DIF.S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO C URF. THE DEFAULT PRTOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yn i still have the right to b riff'c 4ale You may do 0, a cure the default and.Mmmt the sale at any time np„to one hour before the., raying the total amount then pact doe, hn is an?? late --other eharges then due, r .acnnahl . attorney's fe .stand noets connect with the foreclosure sale and any other enMs connected with the Sheriff's Role as . Wifi in writing by the lender and by performing any ether requirements order the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIRTE SHERIFF'S SAT.F. DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the 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 rONTAC'T THE TYNDER: Name of Lender/Servicer: Address: 715 South Metropolis Avenue Suite 150 Oklahoma Chy, OK 73108 Phone Number: _1-800-621-1437 Fax Number: 1-405-5534790 Contact Person: -Customer Service ?._ F.FFF.C_ E 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 fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08903-3620 (856) 669-5400 Page 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 i c 't C3 O ...' N 0 - C3 =-? C3 0 w -Z a U Q W11- OR -? 00: cYi? z RLU J `?rOa z??w 00 0 Certified Mail Provides: a A mailing receipt s A unique Identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mahe or Priority Maile. a Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail, For valuables, please consider Insured or Registered Mail. a For an additional fee, a Refum Rec??pt may be requested to provide proof of delivery. To obtain Return Receipt so= please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpieee Return Receipt Requested', To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desked, please present the arti- cle at the post office for poetmarking. if a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTAR: Satre this receipt and present 11 when making an Inquiry. PS Form 3600, August 2006 (Revme) PSN 7530.02-000-9047 Cr ' C7 r-? co C3 C C3 0 C3 i rru M CJ M f'1-- 1 O C3 Iti I Z t~ CV 9 N T T 07 M ! N a C`o<YA? July 9; 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO DHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page t of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Douglas A. Bender, Sr. Bonnie J, e der 105 Water Street Summerdal% PA 00009800650595 Willmin„glqu Financ% Inc. The CIT Group HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF FT,IGTRT,F. FOR FINAN .TAI, ASSTSTANCF. WHICH CAN SAVE YOUR HOME FROM FORECLOSTTRR AND HRLP Y011 MAKR FITTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), 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 FORFC1,0SIME -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TUTS MEETING MUST OC,rIJR Wr 'HIN a CONSITMER CRRDff COITNSFT,iNG At"xj+NC'TF.S -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addrmsm and telenhnne number. of designated on. imer credit counseling agm .ie.s for the cnnnh? in which the n=crty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelw of your intentions. APPLICATION FOR MORTGAGE, ASSISTANCE. -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE, OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 105 Water Street Summerdale, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Mouft J!grrlents of 79$9_48 for Aril 1, 2008 through J* 1, 22908 = $3197.92 pAddy Late Charges of $39.97 for April 1. 2008 through Ju 1 2008 = $119.91 Other charges (explain/itemize): Other Late Charge=$439.60 Previous Attme Fm = 5M.75 _ TOTAL AMQUNT PAST DUE: _ S3749-18 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not nce if not ap licahlr): DU HOW TO CITRF. THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS M748.18-1 R- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pst=entr, mno he made either by eac achier'c cheek, certified cheek nr maney order made. payabiP And cent tn,- Udren Law Offices. P.C. Wandermt Corporate Center 111 Wooderect Rond, S ti_ tie 200 Chem; 14i11, NJ 08003-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do no use if not ambrahle_): NLA Page 3 of 3 IF YOU DO NOT "IRE. THE. DREAiTI,T - If you do not cure the default within TIiIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to a el xa . Me mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecioce upany_our mortaaaed property. IF THE MORTGAGF, IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the d fa ilt within the THIRTY !30) DAY period, you will not he mq sired to pay attorney's fees. OTHER i.FNDER RFMFDiFS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURF THE DF.FAIII?T PRIOR TO SHERIFF'S SAi X - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, =i still have the right to cu the default and prevent the gale at an time up to one hour befnrr the Sheriff's Sale You may do sn by Daying the total maiiiit then pat t dire, pl,_t c an?r lafP nr ntbe,,r cha=,g then due, r asnn hle snorney's fees and mete connected with the foreclosure sale and any other nstg .nnn , ed with the Sheriff'q,Sale as specified in yniting_by the lender qnd by i elnrming Any other re rnirementg cinder the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSiBLE SHERIFF'S SALE DATE, - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately f months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE. i.F,NDFR: Name of Lender/Servicer: Address: 715 South Metropolis Avenue Suite 150 Oklahoma jV, OK 73108 Phone Number: _ 1-800-621-1437 Fax Number: 1-405-553-4790 Contact Person: -Customer Service F,FFFCT OF SHERIFF'S SAi,F. - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. Page 4'of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center II I Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM. ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 i f l1 i `l ? _ --= W fU ?--'- ? ?"T------- CJ't r ?T, Er to ru ?- ? O 5 V c e C c C Certified Mail Provides: rr A malling receipt ¦ A unique Identifier for your mallplece A A record of delivery kept by ft postal Service for two years lmportant Reminders: e Certified mail may ONLY be combined with First-Class Mail® or Priority Malle, a Certified Mail is not available for any class of international mail, z NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mats. s For an additional fee, a Return Receipt may be requested to rovide proof of delivery. To obtain Return Receipt f Receipt (PS Form 3811) to the article service add?applicable complete osta98?co er the fee. Endorse maiipiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSp postmark on your Certified Mail receipt is required. m For an additional fee, delivery may be restricted to the addressee or addressee's authorized aggent. Advise the clerk or mark the maiipfece with the endorsement Resfrtcted Wvery-. a If a postmark on the Certified Mail receipt is desired, please present the artl- cie at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. PS Form 3800, August 2008 (Reverse) PSN 7530.02.000.9047 c Iv X tr3 t.rn to Q E' O n C3 a a ru C7 m o ',$ C3 r- 2 iL z a: ? U0- .. - .... _ I _12 i 0?-O?-o July 9; 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERGS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page I of I HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Douglas A. Bender, Sr. Bonnie LLB- ceder 105 Water Street Summerdale,_PA __ 00909800650595 _ Willmineton Fi ap, nce, Inc The CIT.Group_ HOMEOWNERGS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF FT TCIRT.F FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME. FROM FORECLOSURF-_AND HELP VOIT MAKE. FITTTTRE MORTGAGF PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE GACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR Wl'THIN d CONSTTMRR CREDIT OTTNSFT JNG AGF,NCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Tht- names addressees and telenhnne nom em. are Q& forth at the end of this Natim. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatel; of your intentions. APPI TCATION FOR MORTGAGE. ASSISTANCE. -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MITST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE, OF THE. DEFAITLT - The MORTGAGE debt held by the above lender on your property located at: 105 Water Street Summerdale, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly PavmeL4 of S799.48 for April 1, 2008 through M 1, 2008 =53197.92 Monflft Ch es of 9.97 for April -1 2008 through June 1 200$ _ $119.91 Other charges (explaieitemize): Other Late Charge--$439.60 Previous Attorney eE S 909 -75 TOTAL ANOM Pte' DUE: _ V749.19_ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not jijZplicahle): Na HOW TO CURE. THF, DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $374-1R- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Ply mentc m tit h m de either hysc_h, cashier's rherk, mart fied hark or mnney order made payahle and sent tn-, ITdren i.nw Offices, P.C. Wanderest Cnrnnrate Center 111 Wanderest Rna S mit 00 Cherry Hill,. NJ 09003-3620 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 nWlinahle ): Na Page 3 of 3 IF YOU DO NOT C TIRE. THF. DE.EAili,T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intendg„to exercise its rights to m . lera he mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreciose i n y ur mnrtgaged property= IF THE MORTGAGE IS FORFC LOOM UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If Yo ore the default within the THIRTY (30) DAY period, you will not he rgluired to nay attorney's fem. OTHER LENDER RFMEDIFS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DFFATI T PRIOR TO SHERI F'S SALE. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yo, still have the right to cure the default an_d_= revert the sale at any time up to one hour hefo the Sheriffs S:;Ie_ Ynn may do sn hT paying the total amount, thin pact due lnc a yJatP nr, other charges hen due, reasonahle, attorney's fees and t ogg connectnd with the for cloture sale and any other enstaSonn xed with the Sheriff's Saleac . erifi in a?ritin hy?h lender and by Der^ . - Bn' th •r requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIRI.F. SHERIFF'S SALF. DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately h months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: Address: 715 South Metropolis Avenue Suite 150 Oklahoma Cam, OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-405-553-479_ Contact Person: _!Customer Service FFFEC'T 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIIMPTTON OF MORTGAGE - You may not 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. Page 4 of 4 • NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102. (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 LSF6 Mercury REO Investments, LLC v. Douglas A. Bender, Sr. and Bonnie J. Bender VERIFICATION The undersigned is Foreclosure Facilitator of Cit Consumer Finance on behalf of LSF6 Mercury REO Investments, LLC and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Cit Consumer Finance on behalf of LSF6 Mercury REO Investments, Date: I o a og Loan: 00009800650575 08-033540 Title: ROY STRINGFELLOW, ` R. Company: L-y ? W t`l r•.a r ? i? ---I r .4?.X C-n 4 ? ? il ? SHERIFF'S RETURN - REGULAR ,CASE NO: 2008-06162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LSF6 MERCURTY REO INVESTMENTS VS BENDER DOUGLAS A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENDER DOUGLAS A SR the DEFENDANT , at 1656:00 HOURS, on the 17th day of October , 2008 at 105 WATER STREET SUMMERDALE, PA 17093 BONNIE BENDER, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge o!;k z?v P 18.00 16.00 .00 10.00 00 44.00 So Answers: R. Thomas Kline 10/20/2008 SHAPIRO C rENARDO Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR -CASE NO: 2008-06162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LSF6 MERCURTY REO INVESTMENTS VS BENDER DOUGLAS A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENDER BONNIE J the DEFENDANT , at 1656:00 HOURS, on the 17th day of October , 2008 at 105 WATER STREET SUMMERDALE, PA 17093 BONNIE BENDER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge n So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 1 10/20/2008 SHAPIRO & DENARDO Sworn and Subscibed to before me this of By: day A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06162 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LSF6 MERCURTY REO INVESTMENTS VS BENDER DOUGLAS A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT(S) but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE r the within named DEFENDANT 105 WATER STREET SUMMERDALE, PA 17093 , OCCUPANT ( S THERE WERE NO OTHER ADULT RESIDENTS. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers;? ?..- ?.? 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 SHAPIRO & DENARDO 10/20/2008 Sworn and Subscribed to before me this day of A. D. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF vs. I I Douglas A. Bender, Sr. and Bonnie J. Bender COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6162-CIVIL TERM DEFENDANT(S) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $115,073.03 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $98,649.67 Interest at 8.99% from March 1, 2008 to November 18, 2008 (263 days @ $24.30 per diem) $6,390.90 Late charges (for certain months prior to default and every month after) $770.56 Prior Servicer Fees $2,369.25 Escrow Advance (As stated in Complaint) $1,710.17 Title Search Report Fees $250.00 Attorneys Fees $4,932.48 TOTAL AMOUNT DUE $115,073.03 BY: / Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $115,073.03. Pro. Prothy. 117- / 08-033540 -' SHAPIRO & DENARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. MICHAEL CLARK, ESQ. CHRISTOPHER A. DENARDO, ESQ. AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 202929, 78447 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 09-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF V5. Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 DEFENDANT(S) STATE OF: COUNTY OF: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Cit Co umer Finance on behalf of 6 Mercury REO Investments, LLC By: NAME: RO TRINGFELLOW7 P? TITLE: Sworn to and subscribed before me this _(2 day of (00-Y , 2008. Q? ? ?OtarX?J`???Q CI 1Yli?? Public ((// •? =??? r?,?,a_ 08-033540 _ "? ?" SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF vs. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, November 7, 2008 to the following Defendants: Douglas A. Bender, Sr. 105 Walter Street Summerdale, PA 17093 Bonnie J. Bender 105 Walter Street Summerdale, PA 17093 Sheena C. Mayer, Legal Assistant to Ilana Zion, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Douglas A. Bender, Sr. DATE OF NOTICE: November 7, 2008 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION UAPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dial de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Douglas A. Bender, Sr. 105 Walter Street Summerdale, PA 17093 Bonnie J. Bender 105 Walter Street Summerdale, PA 17093 \JkAa==-eA& -j - Ilana Zion, Es Shapiro &De e o, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Bonnie J. Bender DATE OF NOTICE: November 7, 2008 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Douglas A. Bender, Sr. 105 Walter Street Summerdale, PA 17093 Bonnie J. Bender 105 Walter Street Summerdale, PA 17093 Ilana Zion, Esquire Shapiro & DeNardi Attorney for Plaint SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6162-CIVIL TERM CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 Date mailed: BY: SHAPIRO & Michael J. Clar , Esquire Attorney for P ntiff 08-033540 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6162-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: LSF6 Mercury REO Investments, LLC 715 S. Metropolitan Avenue Oklahoma City, OK 73108 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 SHAPIRO & DENARDO, LLC BY: Michael J. C Attorney for 08-033540 .ip.. V 90 6 W t-n ?r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 LSF6 Mercury REO Investments, LLC PLAINTIFF vs. Douglas A. Bender, Sr. ; and Bonnie J. Bender DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-6162-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the p o d as indicated below. 31ve is . o g Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict IJ/t%8 [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANT(S) NO:08-6162-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, y are hereby notified that a Judgment has been entered against you in the ve p as indicated below. urtis o Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender O Confessed Judgment () Other File No. DB - lolloa Amount Due $115,073.03 Interest March 1, 2008 to November 18, 2008 is $3,004.36 Atty's Comm Costs DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Address: King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 (Indicate) Index this writ against the garnishee(s) as a lis pendens again t eal estate of the defendant(s) described in the attached exhibit. Date: Signature: Print Name: Michael J Clark Esquire 3600 H •izon Drive Ste. 150 e-N 0 - 0 Qa°4 , , ; AFI- lY; V1 A 0 0 -d z b D ? Q Q 6, SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 LSF6 Mercury REO Investments, LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 105 Water Street, Summerdale, PA 17093. Name and address of Owner(s) or Reputed Owner(s) Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 2. Name and address of Defendant(s) in the judgment: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LSF6 Mercury REO Investments, LLC, Plaintiff 715 S. Metropolitan Avenue Oklahoma City, OK 73108 4. Name and address of the last recorded holder of every mortgage of record: LSF6 Mercury REO Investments, LLC, Plaintiff 715 S. Metropolitan Avenue Oklahoma City, OK 73108 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 S. Enola Drive Enola Pa, 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations, 13 North Hanover Street, Carlisle, PA 17013 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: TENANT OR OCCUPANT 105 Water Street Summerdale, PA 17093 a 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 unsworn falsification to authorities. BY: SHAPIRO & DENARDO, LLC Michael J. Clary Esquire 08-033540 T. N .a SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Douglas A. Bender, Sr. NO: 08-6162-CIVIL TERM and Bonnie J. Bender DEFENDANTS ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Your house (real estate) at: 105 Water Street, Summerdale, PA 17093 09-12-2995-053 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $115,073.03 obtained by LSF6 Mercury REO Investments, LLC 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 back to LSF6 Mercury REO Investments, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) ti YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033540 ALL THAT CERTAIN piece of land situate in the Township of East Pennsboro. Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor, of Lemoyne, Pa., dated September 25, 1958, as follows:- Beginning at a point, marked by a stake, on the Southwesterly side of Walter Street two hundred eighty-three and sixty-one hundredths (283.61) feet Southeast of the Southeasterly corner of Water and Second Street; thence extending along the said side of Water Street South seventy- five (75) degrees East one hundred eight and sixteen hundredths (108.16) feet to a stake at a corner of Lot No. 18 on the hereinafter mentioned plan; thence along the same South eighteen (18) degrees forty-one (41) minutes East one hundred twenty-five (125) feet to a stake on the Northerly side of a sixteen (16) feet wide alley; thence along the same South seventy-one (71) degrees nineteen (19) minutes West ninety (90) feet to a stake at a corner of Lot No.22 on the hereinafter mentioned plan: thence along the same North eighteen (18) degree forty one (41) minutes West one hundred eighty five (185) feet to the point and place of BEGINNING. BEING Lots Nos. 19, 20 and 21, "A" on a plan of lots entitled "Revised Plan of Lots of Summerdale", which said plan is recorded in Plan Book 2 Page 109, Cumberland County records. HAVING thereon erected a one story semi-detached concrete block dwelling, known as 105 Water Street, being formerly known as 20 Water Street. BEING the same premises which Patricia J. Boswick by Deed dated March 31, 2004 and recorded in the Cumberland County Recorder of Deeds office on April 27, 2004 in Deed Book 262, Page 3443, granted and conveyed unto Douglas A. Bender and Bonie J. Bender, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6162 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LSF6 MERCURY REO INVESTMENTS, LLC, Plaintiff (s) From DOUGLAS A. BENDER, SR and BONNIE J. BENDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,073.03 L.L. $.50 Interest from 3/01/08 to 11/18/08 is -- $3,004.36 Atty's Comm % Atty Paid $200.00 Plaintiff Paid Date: 11/20/08 Due Prothy $2.00 Other Costs If 11 Curtis R. ong, Proth otary (Seal) REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DIRVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF By: Deputy Telephone: 610-278-6800 Supreme Court ID No. 202929 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. ; ; Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on November 20, 2008 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DENARDO, LLC BY: QM' QV Ilana Zion, Esquir CERTIFICATE OF SERVICE I, ILANA ZION, ESQUIRE, hereby certify that on G I served a true and correct copy of the within Praecipe to Vacate Mortgage or cl sure Judgment upon the following parties via first class mail, postage prepaid: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESVZIRE Attorney for the Pl ' iff P teFP, m Film, tT+ .i?'t" -lL 1 ?n W SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. ; Douglas A. Bender, Sr. and ' Bonnie J. Bender DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: 'ka, (M Ilana Zion, Esquir Attorney for Plain DATED: l r? CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, hereby certify that on )J////) 9 I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 SHAPIRO & DENARDO, LLC BY: &U- U(fn Ilana Zion, Esquir Attorney for Plain _ C? ,fit r,,,, .? F-. ? ' . ? ? f 7 '? ? ?J r:7-?t7 r?- ? ? _ G G71 1 ?7 ? "t7 ?? ?? ?^- ?€ C?5 ?' LSF6 Mercury REO Investments, LLC VS Douglas A. Bender, Sr. and Bonnie J. Bender In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6162 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael J. Clark. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Milage Levy Patriot News Surcharge Share of Bills So Answers: R. Thomas Kline, Sheriff 30.00 5.83 15.00 15.00 .50 2.00 27.90 15.00 140.36 30.00 15.52 f 297.11 BY Real Estate Coordinator 6005 yaLOS , ,,. ._ ,,_, , 1 .. ? J'. i, i. ? -? _ r' ??`?! SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF vs. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 LSF6 Mercury REO Investments, LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 105 Water Street, Summerdale, PA 17093. Name and address of Owner(s) or Reputed Owner(s) Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 2. Name and address of Defendant(s) in the judgment: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LSF6 Mercury REO Investments, LLC, Plaintiff 715 S. Metropolitan Avenue Oklahoma City, OK 73108 4. Name and address of the last recorded holder of every mortgage of record: LSF6 Mercury REO Investments, LLC, Plaintiff 715 S. Metropolitan Avenue Oklahoma City, OK 73108 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 S. Enola Drive Enola Pa, 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations, 13 North Hanover Street, Carlisle, PA 17013 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: TENANT OR OCCUPANT 105 Water Street Summerdale, PA 17093 I'll 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 unsworn falsification to authorities. BY: SHAPIRO & DENARDO, LLC Michael J. Clarlq Esquire 08-033540 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, $SQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF vs. Douglas A. Bender, Sr. and Bonnie J. Bender COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bonnie J. Bender P.O. Box 507 Summerdale, PA 17093 Your house (real estate) at: 105 Water Street, Summerdale, PA 17093 09-12-2995-053 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $115,073.03 obtained by LSF6 Mercury REO Investments, LLC 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: The sale will be cancelled if you pay back to LSF6 Mercury REO Investments, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. i ., 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 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. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033540 ALL THAT CERTAIN piece of land situate in the Township of East Pennsboro. Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor, of Lemoyne, Pa., dated September 25, 1958, as follows:- Beginning at a point, marked by a stake, on the Southwesterly side of Walter Street two hundred eighty-three and sixty-one hundredths (283.61) feet Southeast of the Southeasterly comer of Water and Second Street; thence extending along the said side of Water Street South seventy- five (75) degrees East one hundred eight and sixteen hundredths (108.16) feet to a stake at a corner of Lot No. 18 on the hereinafter mentioned plan; thence along the same South eighteen (18) degrees forty-one (41) minutes East one hundred twenty-five (125) feet to a stake on the Northerly side of a sixteen (16) feet wide alley; thence along the same South seventy-one (71) degrees nineteen (19) minutes West ninety (90) feet to a stake at a comer of Lot No.22 on the hereinafter mentioned plan: thence along the same North eighteen (18) degree forty one (41) minutes West one hundred eighty five (185) feet to the point and place of BEGINNING. BEING Lots Nos. 19, 20 and 21, "A" on a plan of lots entitled "Revised Plan of Lots of Summerdale", which said plan is recorded in Plan Book 2 Page 109, Cumberland County records. HAVING thereon erected a one story semi-detached concrete block dwelling, known as 105 Water Street, being formerly known as 20 Water Street. BEING the same premises which Patricia J. Boswick by Deed dated March 31, 2004 and recorded in the Cumberland County Recorder of Deeds office on April 27, 2004 in Deed Book 262, Page 3443, granted and conveyed unto Douglas A. Bender and Bonie J. Bender, husband and wife. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-033540 LSF6 Mercury REO Investments, LLC PLAINTIFF VS. Douglas A. Bender, Sr. and Bonnie J. Bender DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-6162-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Douglas A. Bender, Sr. P.O. Box 507 Summerdale, PA 17093 Your house (real estate) at: 105 Water Street, Summerdale, PA 17093 09-12-2995-053 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $115,073.03 obtained by LSF6 Mercury REO Investments, LLC 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: The sale will be cancelled if you pay back to LSF6 Mercury REO Investments, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-033540 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6162 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LSF6 MERCURY REO INVESTMENTS, LLC, Plaintiff (s) From DOUGLAS A. BENDER, SR and BONNIE J. BENDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $115,073.03 L.L. $.50 Interest from 3/01/08 to 11/18/08 is - $3,004.36 qty's Comm % Due Prothy $2.00 Atty Paid $200.00 Other Costs Plaintiff Paid Date: 11/20/08 Curtis R. L rothon tary (Seal) By: REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DIRVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Deputy 0 Real Estate Sale #56 On November 24, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 105 Water Street, Summerdale more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November-24, 2 By: r 4 V D d 1?2+UC, Real Est a Sergeant The P«triot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Pattl*otorNews 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE. NO. 56 Writ No. 2008.6162 Civil Term LSF6 Mercury RED Investments, LLC VS Douglas A. Bender, SR. and Bonnie J. Bender Attorney Michael J. Clark LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in the Township of East Pennsboro. Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Registered Surveyor, of Lemoyne, Pa., dated September 25, 1958, as follows:- Beginning at a point; marked by a stake, on the Southwesterly side of Walter street two hundred eighty-three and sixty-one hundadths (283.61) feet Southeast of the Southeasterly comer of t Water and Second Street; thence extending along the said side of Water Sfreet South seventy-five (75) degrees East one hundred eie, and sixteeh hundreddts (108.16) feet to a stake at a comer of Lot No. 18 on the hereinaftE, mentioned plan; thence along the same South eighteen (18) degrees forty-0ne (41) minutes 1 East one hundred twenty-five (125) feet to a stake on the Northerly side of a sixteen (16) feet wide alley, thence along the same South seventy-one (71) degrees nineteen (19) minutes West nicety (90) feenc,a stake at a comer of Lot No.22 on the hereinafter mentioned plan: thence along the same North eighteen (18) degree forty one (41) minutes West one hundred eighty five (185) feet to the point and place of BEGINNING. BEING Lots Nos. 19, 20 and 21, "A" on a plan of lots entitled "Revised Plan of Lots of Summerdale", which said plan is recorded in Plan Book 2 Page 109, Cumberland County records. HAVING thereon erected a one story semi- detached concrete block dwelling, known as 105 Water Sheet, being formerly known as 20 Water Street. BEING the same premises 'which Patricia J. Boswick by Deed dated March 31,2004 and recorded in the Cumberland County Recorder of Deeds office on April 27, 2004 in Deed Book 262, Page 3443, granted and conveyed unto Douglas A. Bender and Bonie J. Bender, husband and wife. This ad ran on the date(s) shown below: 01/21/09 Sworn to ar;d cribed before me this 25 day of February, 2009 A.D. r' Notary Public OOI1lMONWFA' , :- %NS'YLVkN:. Seal Sherrie L. Ki Notary Public City Of Hanisb ,7?, f)auphin County My Commission r- ,ore ;Nov. 26, 2041 Member, PennsyNa Y? ° . ociation of Notarler