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HomeMy WebLinkAbout04-1717THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / LD. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 File No. 03-10481 Loan No. 0004051728 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. ON - I'1l7 v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. C~I~iC~~~N CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NoTTCR 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 7FII5 COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OA OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED'CHAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A IUIXiMENT 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 70 YOUR LAWYER AT ONCE. ff YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberlwd Cowty Court Administrator 4th Floor Cumberlwd Cowty Court House 1 Courthouse Square Carlisle, PA 17013 NOTTCIA. LE HAN DEMANDADO A USTED EN IA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPIIESTAS EN LAS PAGINAS SIGUIENTES, USTED T1ENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIF[CAC[ON. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCIBVAR EN LA CORTE SUS DEFENSAS O SUS OB]ECWNES A LAS DEMANDAS ENCON'IRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDmAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTQTCACION O POR CUALQIER QUE]A O AI.MO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS USPORTANTES PARR USTED. LLEVE ESTA DEMANDA A i1N ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SlJF1CIENTE PARR PAGAR TAL SERVICIO, VAYA EN PERSONA O IZAME POR TELEFONO A LA OF[CINA CUYA DIRECCION SE ENCUENTRA ESCRrLA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Cowty Court Administrator 4th Floor Cumberland Cowty Court House 1 Courthouse Square Carlisle, PA 17013 (717)240-6200 (717)240-6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification ofthe debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and ifthe Debtor/Mortgagor makes written request to the Creditor's law firth within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAYBE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 338 South Warminster Road, Hatboro, PA 19040. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business 2. (a) Defendant James B. Wright is an individual whose last known address is 1302 Carlisle Road, Camp Hill, PA 17011. (b) Defendant Amy E. Wright is an individual whose last known address is 1302 Carlisle Road, Camp Hill, PA 17011. (c) Defendant James B. Wright holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Amy E. Wright holds an interest in the subject property as both a Real Owner and Mortgagor. (e) Ifeither ofthe above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residentialmortgagebeingforecloseduponissecuredbypropertylocated at 1302 Carlisle Road, within the Township of Lower Allen, Cumberland County, Pennsylvania 17011. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on November 5, 2002 and was recorded on November 13, 2002, in Mortgage Book 1782, at Page 604. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: People Choice Home Loan Assignee: Lehman Capital, a Division of Lehman Brothers Holdings Inc. Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsvlvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $874.57 on February 1, 2003, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $104,048.69 (b) Interest due and owing at the rate of 9.49% 13,076.64 calculated from the default date above stated through Apri130, 2004 Interest will continue to accrue at the per diem rate of $26.94 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note 349.84 in accordance with the Mortgage Instrument (d) Recoverable Balance Allowed By the Loan Documents 1,792.00 (e) Other Fees Allowed By the Loan Documents 404.40 (~ Court Costs and fees as recoverable under the mortgage terms, estimated 300.00 (g) Suspense Balance <300.00> (h) Attorneys' fees 5,202.43 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL INREMJUDGMENT SOUGHT BY PLAINTIFF $124,874.00 7. (a) The attorneys' fees set forth as recoverable at Pazagraph 6(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears aze to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiffs actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (d) The Defendants filed a timely application for financial assistance with the Pennsylvania Housing Finance Agency, same having subsequently been denied and/or having been deemed ineligible by that Agency. (c) Appended hereto and incorporated herein by reference as Exhibit "C"is a copy of the Denial Letter. WHEREFORE, the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $124,874,00, as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. WHEREFORE, the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $124,874.00, as stated Pazagraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~~~ LL- Barbara A. Fein, Esquire Attorney for Plaintiff Attomey LD. No. 53002 DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of bower Allen, County of Cumberland and State of Pennsylvania, more particulazly bounded and described as follows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eetwardly along said line from the Northeast comer of Cazlisle and Selwick Roads; thence Northwazdly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwazdly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eetwardly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwazdly along the Westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwardly along said line and crossing a concrete sidewalk five (5) feet to a point; thence Westwardly in said walk and at righf angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence still in said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Pazk, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Pazcel x/13-23-0545-361 .~ Oct•20. 2003~J 4~45PId K,A•M. ABSTRACTING No.0394 P. 1/30 • L ~0 I ~` i n -:ORD+' Or DE°~~- ''ccr7LkF~p COU,( r YY-; , Prepazed 13y: Pawl Ingells PLEASE RET'(IRN TO: 7515 Srvine center mina suite 290. FIDEY.ITX CLOSING SERVICE LLC Irving, CA 92 618 325 WEST AARON DRIwE, LOWER LEVEL Parcel Number: STATE COLL&GE PA 14803 13 -23-0549-361 (Spas Ahove Thl^ Llne For RecoMlog D•t^i MORTGAGE DaPlxlTloxs Words used in multiple sections of this doclntlwt are deGaed below and other words arc defined in Sectia~as 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this documart are also provided in Section 16. (A)'SecuMty Instrument" means this doanmeltt, which is datedNovemhar 5, 1002 together with all Riders to this document (B) "BOiIUNCI'" i5 JAMS$ H. MtIGST AND IJfY L. itkZgHT, HrJ$HTDID A1rL 1fIF8 Borrower is the mortgagor undo this Security lnstrumenL (C)'T.¢nder"is People's Cbolce Barre Loea, Inc. Lerida' is a CORPORATION 20035987 PENNSYLVANIA -Single Fnmity • Fanala MadFnddl• Mae UNIFORM INSTRUMENT ~~(PA)laooel~a+ ]], Ppaldte If^tiay:S~~l~~ VMPMGgTGAGE FORN3•R00)`521-Ill 7 BI(! 782PGQbQ4 .~ Fwm 3039 tlOt Oct•20. 2003 4:45PM K•A•M• ABSTRACTING No•0394 P• 8/30 orgauitsjd and existing under the laws of 1t7roa7lltc Lender's address is 7525 TRVINrt CSPT6R DR. t9VITE 250, IRVxNB, C]- 99618 Leader is the mortgagee under this Security Instrument. (D)'Note" rruans the promissory note signal by Borrows[ sad datalNave®ber s, 2009 The Note SmteS that borrower owes Lender ON8 RIINDRSD FOUR THOIISA7TD ONE 81INDRSD AND 00/100 Dollars (U.S. S 104,100.00 )plus interest Borrower has promised to pay this debt in regular Periodic Paym~ts and m pay the debt in full not Lahr than 1)ecamher i, 2032 (~ 'Troperty" means the property that is described below uttda the heading "Transfer of Rights in the Property." (Fj '7,oan" [Weans the debt evidenced by the Note, plus interest, any ptepaymeat charges and late chazges due under the Nou, and all sums due tatder this Security Instnunent, plus ineerett. (G~ "Alders" mesas all Riders to this Seanity Instxttmeat that arc executed by Borrower. The following Riders aze to be executed 6y Borrower [check box es applicable]: Adjusmble Rate Rider Condominium Rider Second Home Rider Halloos[ Rider 0 VA Rider Planted Unit Development Rider Biweekly Payment Rider ^ 1-4 Family Rider Other(s) [s1~fY1 (fl) "Applicable Law" [Weans all controlling applieabic federal, state and local smtutes, regtdations, ordinances sad administrative talcs and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (n "Community Assodatio0 Dttea, Fees, and Auessmeats^ means all dues, fees,,assea9t11ents and other charges that are imposed on Borrower or the Property by a condotninitan association, homeowners association or similar organization. (J) "Eletlrenic Funds Transfer" means any transfer of funds, other than a transaction originated by eheelc, draft, or similar paper itrsnwrtent, which. is initiated through an electronic terminal, telephonic insmnttent, coayrutcr, or magnetic tape so as to order, instruct, or authotiu a Snancial institution to debit or credit an account Snch term includes, but is na limited to, point-of--sale transfet~ automated teller machine trattsacdoas, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (Iq "Escrow Items" means those items that are described in Section 3. (L) "Miscellaaeoua Proceeds" rnea0s any Compensation, setdetttent, award of dattnges, or proceeds paid by any third patty (other rhea insutartce proceeds paid wader the coverages dcstzibed in Section 5) for; (i) damage to, of datrnction of, the Property; (ii) cottdetnnazion err other taking of alI or any part of the Properiy; (iii) conveyance in lieu of condemnation; or (iv) rnisrepreseamtions of, or omissions as to, the value and/or condition of the Property. (1VI) "Mortgage Insurance" means ituurance protecting Lender against the aonpaymart of, or default on, the Loan. ~ '7'eriosic Payment" means [be regularly schaiuled amount due for (i) pri " al and interest under the Note, plus (ii) any amounts under Section 3 of this Security Tnstrumeat. 10035987 IMliele: ®3(PA)rooael.o+ v,Q,xoe~o ~ ~wm9079 [tat e BK (782Fu~6~5 Oct•20. 2003 4:45PM K.A.M. ABSTRACTING No.0304 P• 9/30 (O) "ftE,9PA" means the Real P.state Settlement Procedures Act (12 U.SC. Section 2601 et seq.) and its implementing regulation, Regulation X (7A GF.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulator that governs the same subject matter. As used in this Secarity Instrument, "RESPA" refers to ell requirements and restriction that are imposed in regard to a "federally relatexl tttortgage loan" even if the Lin does not qualify as a "tbderally redatexl mortgage Loan" under RESPA, (~ "Successor in Interest of Borrower" means any party that has falcrn title to the Property, whether or not that party has assumed Botrowe.>" s obligations ands the Note and/or this Security Lrstrt»rrcrrt. TRANSFER OF RIGH'CS IN THB PKOPPRTY This Security Iastrtmoeat secures to Lender: (i) dte tepaymcnr of the Loath and all renewals, extensions and modi~catons of the Note; and (ii) We performance of Borrower's covenants and agreetttents under this Security Itutntatent and the Note. For this purpose, Borrower does hereby mongagq gram and convey to Lender the following descailred property ]ocattxl iD the COYJNTY (Type orRxurdivg Juridictionl Of CDl~SRLAND [Name of Recordieg Juriedictionl: 81SH' L$GAL DSSCRIP7ION ATTAC$SA &$R8T0 At® MADE A PART 3iBREOd A8 $X$IHIT rAt which currently has the etl<hess of 1302 CARLTSL$ ROAD (Street( CA1eP $SLL (City], Pennsylvania 17011 (lip Code] ("Properly Address"): TOGETHER WITH atl the irrquoventettts now or hereafter erected oa the property, and ail easements, appurtenances, and fixtures now to hereafter a part of the property. All replacrnrarta and additions shall also be covexed by this Security Irrsrrwneat. All of the foregoing is referred to In this Security Instnunent as the "Property." 10035997 ~~ I\ ~$(ra)roaoetot vy.yeeu nub l Form 3038 1/Ot BK 1782pGfl606 Oct.20~ 2.003 4:45PM K.R.M. ABSTRACTING No•0394 P. 10/30 BORItOW6R COVENANTS that Borrower is lawfully xiscd of the estate hereby conveyed and has the right x mortgage, grant sad convey the Property and that the Property is unen~mtbered, except for encumbrances of record. Borrows warrants and will defond generally the title ro the Property against all claims and demands, subject to any encumbtanas of record THIS SECURITY INSTRUMENT combines 1miCorm covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a ttnrform seazrity instrument coveziag real property. UNIFORM COVENANTS. Borrows and Leader coveaam and agree as follows: I. Payment of Principal, Interest. Esrra[r Items, Prepayment Charges, and Late Chargst:. Borrows shall pay when due the principal ofy and interest oa, the debt evidc~ced by the Notc and eery prepaymst[ charges and lax charges due under tits Note. Bo[mwa shall also pay funds for Escrow Ite[ns pursuant to Section 3. Payments due under the Note anti this Security Insturrtczrt shall be made in U.S. currency. However, if any check or other ittsturneut received by Lender as paymart tender the Note or this Securiy Instrument is returned to Lends unpaid, Lends raay rogare that any or all subsequent paytneats due under the Note sad this Security Instrument be made in one or more of the following fonr>s, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasozer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are instncd by a federal agency, iashu:rtentality, or entity; or (d) Eledroaic Ponds Transfer. Paytnettts are deemed rectived by Leader when received at the location designated >A the Note or at such other location u may be designated by Lards in accordance with tits notice provisions in Section 15. Lrnder may return say payment err partial paynaeM if the payment or partial payments are insufficient to bring the Loan clarcnt. Lends may accept any payment or partial payment insulSzaeat to bring the Loan current, without waive of any rights haeunds or prejudice to its rights to refuse sack payment or partial payments in the tabus, but Caroler is not obligated to apply such paymenu at the tines such payments are accepted If each Periodic Paymart is applied az of its scheduled tine date, then Lender need not pay interest on tuuipplied funds. Lends taay hold such unapplied funds until Borrower makes paymcat to bring the Loan cement If Borrower dos na do so within a rcasoaable period of time, Lettda shall either apply such funds or rum them to Borrower. If sot applied earlis, sorb funds will be applied to the outstanding principal balance under the Note immediately prior to faUeclosure. No offset or claim which Borrower vdght have now or in tlzc fufire against Cattier shall relieve Borrower froze making paymarts due ands the Note and this Security Instrument or performing the wveamts and agrecmenl5 secured by this Security Instrument. 2. Apptlcation of Payments or Proceeds. Pxcepr as otherwise described in this Section 2, all payments accepted and applied by Lends shall be applied in the following order of priortity: (a) interest due under the Note; (b) principal due under the Noce; (c) arttotmu due undo Section 3. Such payments shall be applied to each Periodic Payment in the Ards in which it became due. Any remaining anzvunts shall be applied 5rst to late ctzarges, second to say other arrtouats due under this Security Instnunent, and they to reduce the principal balance of the Noce. If Leads receives a payment from Borrower for a deliagttart Periodic Payment which includes a su~aeat amount to pay any late charge due, the paymwt may be applied eo the delinquent payment and the late charge. If errors than one Periodic Paymert[ is otustanding, Leznla may aPP1Y anY payment received from Borrows to the rtpaymart of the Periodic Paymcuts i ,sad to tits extern that, each payment can be 100359a7 ® m:w:.: Ai(PA) pose}at vwa~ a re ~ Form 909a 1101 6K 1782; 60607 Oct.20. 2003 4~46PM K•A.M. ABSTRACTING No•0394 P, 11/30 paid is full. To the extent that any excess exism efts the paytttent is agtplied to the £ull payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volrmtary Prepayments shill be applied first to any prepayment charges and that as described in the Note. AnY application of payments, insurance proceeds, ar Miscellaneous Proceeds to principal due under the Note shall not extwd m postpone the tine date, or cLwge the amount, of the Periodic Paytneats. 3• Ptitnde for Escrow Ittsas. Borrower shall pay ro Lender on the daY Periodic Payments are due undo the Note, until the Note is paid is full, a sum (the "Fmtdsa) to provide far paynneat of amounts due for: (a) taxd and assesemcats and other items which art attain priority ova this Security Iturtrument as a Gen or encwnbrance on the 1'ropaty; (b) leasehold paymaats or ground rents a® the Property, if any, (c) pzemiwns far soy and all insurance toquired by Lends vada Section 5; and (d) Mortgage Insurance pretnimns, if any, or any sums payable by Borrower to Leader in lieu of rite payutant of Mortgage [ttsuraace pteatiutas in accordance with the provisions o£ Soctiou 10. 7ltese itwts are piled "Esaow Ctans." At origination or at any time during the term of the Loan, Lender may require that Cotntnunity Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Esaow Item Borrower shall promptly fiuaiah to Lender all notices of amounts to be paid under this Section. Hozzower shall pay Lends the Funds for Escrow Items unless Lender waives IiarowC a obligation to pay the Funds for say or all Esaow Itaru. Lender may waive Borrower's obligation to pay to [.ender Funds for airy or all P.sd'ow Itaus at say tiara. Any such waives may only be in writing. In the evert of such waive, Borrows shall pay directly, whw anti where Payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, s}nl1 futaish to Leader receipts evidencing such payment within such time psiod as Lender tnay require. Borrower's obligation to tnalce such payments sad ro provide receipts shall for all purposes be deemed W be a coveaaat axrd agreement contained in this Sceurity ]nstnmrertt, as the phrase "covenant sect agreeutem" is used is Section 9. If Borrows is obligated to pay Farrow Itratts directly, pursuant to a waiver, and Harrows fails to pay the amount due for an Eacmw Item, Lender tmy exorcise its rights under Section 9 and pay such amount and Borrows shall then be obligated under Section 9 to repay ro Lendcc say such amount. Leader may revoke the waiver as to any or ell EsCCOw Rana at any tune by a notice gives in accordance with Sacrist 15 aud, upon such revocation, Hotrtrvver shell pay to Lender all Funds, and in such amounts. that are then required ands this Sartimt 3. Leader may, at say time, eollea and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to acoeed the maxitttum amount a lender c~ require tinder F,ESPA. Lauder shall esthnaze dre amoum of Funds due on the basis of current data anti reasonable estimates of expenditures of future Fsaaw Items err otherwise in accordance with Applicable Law. The Puuds shall be held in an institution whose deposits are insured by a federal agency, iashunxentality, or entity (including Leads, if Lends is an institution whose deposits are so insrsed) or in any Fedezal Ifotne Loan Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified ands RESPA. Lender shall not charge Borrower £or holding and applying the Funds, annually analyzing the escrow account, or verifying the Essow Items, unless Lends pays Borrows intsesi on the Funds sad Applicable Law permits Lender to make such a charge. Uolrss as agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lends shall not be required to pay Bormwa any interest or earnings on the Funds. Borrows and Lends can agee in writing, however, that interest 10035987 mni• f~Dtbi(PA)WOOrt.oi rauasor~e Form 7039 7101 BK l 782PG06~8 Oct.20. 2003 4:46PM K•A,M. ABSTRACTING No.0394 P• 12/30 sba11 be paid on the Funds. Larder shall give to Borrower, without charge, an annual accounting of the Funds as required by R6SPA. If there is a surplus of Funds head in escrow, as defined under RESPA, Lender shall account to Borrower foz the pteesa foods in accordance with RBSPA. If there is a shortage of Funds held in escrow, as definod uttder 1tESPA, Linder shall ttotify Borrower as required by ]tBSPA, and Borrows alrall pay to Linder the attwmt ncccseary to make up the shortage in aocordatrce with RESPA, but in no more than 12 taenthly payments. If there is a deficienry of Funds held in escrow, as defined trader R&SPA, Linder shad testify Borrower as required by RESPA, and Borrower shall pay to Louder the atttount necessary to make oP the de5cieacy in aowrdaace with RESPA, but in no inns than 12 trtonthly Payments, Upon payment in full of all sums secured by this Security Insmtmart, Lender shall prompkly refund to Borroww anY Funds held by Linder. 4. Charge; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which cart attain priority over this Security Iashument, leasehold payments or grottad rears on the Property, if aaY. and Corrtmtmity Association Dues, Fees, and Assessments, if aay. To the extent that these iteeas are Escrow Items, Botrowrr shall pay thedm in the manner provided is Section 3. Borrower shall pratctpdy dischatgo any lien whicu has priority over this Security Instrutnart unless Borrower (a) agrees iua writing to dte payment of the obligation secured by the lien in a manner acceptable to Linder, bat only sa long as Barzowa is performing such agreettreat; (b) ce®tests the lien In good faith by, of defards against enforcement of the lien in, Iegai proceedings which in Leader's opinion operate to prevrnt the enforcement of the lien while ilrose prooeoduaga are pending, but only until such procaedittgs are cotteluded; ar (e) secures from the holder of the lien as agreement satisfactory to Lends subordinating the lien to this Security Lutrmneat. If Leader detettnines that any part of the Property is subject to a lies which can attain priority over this Sccwity Inshwneat, [.ender tnay give Borrower a notice identifying the lien. Within 1 o days of the date on which that notice is givca, Borrower shall sativfy the lien or take one or rttore of the actions set forth above in dtis Section 4. Lender may require Borrower to pay sons-tittle charge for a real estate tax verification and/or reporting service used by Lender in cOmrcction with this Loan, S. Property Laurance. Borrower shall keep the improvesngats now existing oa hercatter erected on the Property insured against toss try fire, hazards included within the term "extended coverage," and any odter hazards including, bu[ test limited to, earthquakes and floods, for which Lender requires insurance. This iustttance shall be rttauttained in the amounts (including deductible levels) and for the periods that Lends squires. What Leader requires pursuant to dre preceding sentences can change during the term of the Loan. '17te inamsnce carrier providing the insurance shall be chosen by Borrower subject m Leader's right to disapprove Borrower's choice, which right shall not be exorcised unreasonably. Lender tray require Borrower to pay, le connection with this Loan, either: (a) a onetime charge for flood zone determination, certiflcatioa and traclciag services; or (b) a onetime charge for flood zone determination sad cati5wtion services and subsequent chazges cash dine retnappirtgs or similar cbatrges ocnu which reasonably might affect such determination or certi5cation. Borrower shall also be zeapoasible for the paymctd of azry fees unposed by the Federal Emergency Maoagemmt Agency in coratection with the review of any flood zene determination resultpOg froth 8n objection by Borrows. 10033987 Inxi~ ~i(PA)pooos}a, v.x"e,t~a ~ ,~/~ Porn 3078 1101 BK1782PLOo09 Oct.20. 2003 4:46PM K•A•M. ABSTRACTING No•0394 P• 13/30 If Borrower fails to maiueain any of the Coverages desm'bed above, Lender may obtain inswaace coverage, at Leader's option and Borrower's expense. Leader is under no obligation to pwchare any partieadar type oz amount of coverage. 77rerefore, such coverage shall coves Lender, but might or might not protect Borrower, Borrower's equity in tltc Property, or the contents of the Property, against any risk, hazard or liability sad might provide greater a lesser coverage than was previously is effect Bmtower acknowicdges that the cost of the ioswancc coverage so obtained might sigttifieaatly acoad the cost of insurance that Basrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secwed by this Security Ins4rmrwt. These atnotmts shall bear innerest at the Note rate from the date of disbursanent end shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All ;n~,~..,r. policies required 6y Lender and renewals of such policies shall be subject to Lender s right to disapprove such policies, shall include a standard mortgage clause, and shall Warne L®ds as mortgagee and/or a9 m additional lass payee. Leader shall have the right m hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Leads' all receipts of paid premiums and renewal notices, If Borrower obtains nay form of insurance coverage, not otherwise required by I.eada, for damage ter, or destntction of, the Property, such policy shall include a standard mortgage clause and shalt uarrtc Lender a9 mortgagce and/oz as ao additional loss payce. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any irrsura~ace proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration err repair of the Property, if the restoration or repair is econonrieally feasible and Lender's security is not lessared. Ihrriag such repair and restoration period, Lender shall have the right to hold such iasmance proceeds until Lender has had en opportu[dty to inspect such Property to ensure the work has been completed to Latdea"s satisfxdon, provided flat such itrspection shat] be nadertaken promptly. Lender tray disburse proceeds for the repairs sad restoration in a single payment or in a series of progrrss payments as the work is completed. Unless au agreement is made in writing or Applicable Law requues interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjustors, or other third parties, retained by Horrawcr shall not be paid out of the insurance proceeds and shall be the sole ob8gatiaa of Borrower. I£ ttrc restoration or repair is not economically feasible or Leader's axuriry would be lessened, the insurance proceeds shall be applied to the sums secured by thin Seauiry Inauttment, whether or not then due, with the excess, if anY, paid to Borrows. Such itastuance proceeds shall be applied in the order provided far in Sectlon 2. If Hasxows abandons the Property. Leader may fire, negotiate and settle any available iasruaace claim and rt:lated matters. If Borrower does not respond within 30 days to a notice tram L.enda that flro insurance catrier has offered to settle a claim, thm Leader may negotiate and settle the claim. 'rhe 30.day period will begin when the notice is given- In either event, ce if Lender acquires the Property under Section 22 or othetvrise, Boaowez hereby assigns to Lander (a) Borrower's tights to nay iruuraorz procceds in an amount not to exceed the atrauats unpaid under the Note or this Security Insttwnent, and (b) any other of Borrower's tights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the covaagc of the Property. Lender may use the iaswancc proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security IeeM,ment, whether or not due. 10035987 lNIIW. ®stas)toooaro+ n.r•xm+e ~ ,/ Form 7080 flat m d'A~r/Y/ aK-7az~co6io Oct•20. 2003 4:46PM K,A•M, ABSTRACTING No.0394 P. 14/30 ti. Occupa¢cy. Borrower shall occupy, establish, and use the Property as Borrovuor's principal residence within 60 days after the execution of this Security Instru»ent and shall cantittue to ocatpy the Property as Borrower' s principal residen« for at least ono year aRer the date of oceupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless ertrnuating circur¢staacos exist which are beyond Homowec's cwtfrol. 7. Preservation, Maintenance and Plotectloa of the Property; Inspaoioaa. Borrower shag not destroy, damage ar impair the Property, allow the Property to deteriorate or coaunit waste on the Property. wbctbc or twt Hoaower is residing in the Property, Borrows shall ntaituain the Praperry in order to prevent the Property firom deteriorating ar deaeuing in value due to its condition. Unless it is determined pursuant to Section 5 that repair ar restoration is not economically feasible, Borrower shall Pro~Y r~ the ~PmY ~ d~ged to avoid further deteriocatton ar datnage. If inswana ar condemnation proceeds are paid in connection with damage to, or the taking ot: the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for such purposes. Lends may disburse proceeds for the repairs a¢d restora6oa is a single payment or in a series of progress payments as the work is completed. If the insurance ar condemnation proceeds are not sufficient to repair ar restore the Property, Boaower is not relieved of Honower's obligation for the carnpledon of such repair or restoration. Lender ar its agetu may mwke reasonable wGies upon and inspections of the Property. If it has reasonable cause, Leader may iavpect the itterior of the intprovemeaats o¢ the Property. Lender shall give Borrower notice at >iu time of or pzi or to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appllealio¢. Borrower shall. be in defantt i~ during the Loan application process, Baarower or any persons ar entities actiatg at the direction of Borrower ar with Borrower's knowledge or consent gave materially false, itrislcading, ar inaccarate information ar statemetus to Lender (ar 6iled to provide Leader with material infarnmtion) in connection with the Loan. Material represeatations inelnde, bat arc not limited tq reprerentabiona concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Le¢der's ]Merest iu the Property snd Rights Under this Security Instrument, If (a) Borrower fails to perform the covenants and agrammts contained in this Security Iastrtinsent, (b) there is a legal proceeding that might significantly affect Leadds interest in the Property and/or rights under this Security tastrumaot (such as a proceeding in lxinkrttptcy, probate, for condernnstion or forfeiture, for enforcement of a lien which nwy attain priority over this Satuity Iusmmoertt ar to c¢farce laws or regulations), or (c) Borrower has abando¢ed the Property, that Lender may do and pay far whatever is reasonable oz appropriate to protect Lender's interest in the Property sad rights under this Security Instrument, including protecting and/oc assessing rite value of the Property. and waning and/or repairing the Property. Lender's actions can i¢clude, but are ¢ot limited to: (a) paying a~ sums secured by a lien which has priority over this Security htseruntenc; (b) appearing in court; sad (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Searrity Instrument, including its secured position in a Daokruptcy proceeding. Socuring the Property inctudes, but is ¢ot limited ro, enteri¢g the Property to make repairs, changt locks, replace Or board up doors and windows, drain water from pipes, elittrinate building or other code violations ar dangerous conditions, and have udlides turned on or off Although Lender may take action under this Section 9. Lader does ¢ot ve to do so and is not under any duty or obligation m do so. It ie agreed that Lender incurs no liability not taking any or alt actions authorized under this Section 9. 10035997 MYlda -a(PA]loaoa~.ot novae a,c ~~ Form 8089 1101 BK 1782eG06 i 1 Oct•20. 2003 4:46PM K•A.M. ABSTRACTING No•0394 P• 15/30 Any amounts disbursed by Leader under this Section 9 shall become a~iitional debt of Borrower sxured by thin Security Insbumutt. These amouns shall beaz interest at the Note rate from the date of disbursarxnt and shall be payable, with. such interest, upon notice from Lender m Borrower requesting paymart. If this Security Insnttmeat is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acgrdres fa title m the Property, the leasehold and the fee title shall not merge utiless Larder agrces to the merger is writing. 10. Mortgage Insurance. If Lender required Mortgage brstaance as a cpndinoa of trraloing the Loan, Borrower shall pay the preraiumn required m maintain the Mortgage Insurance in effect, if, £or mry reason, the Mortgage Instttance coverage required by Lender ceases m be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments inward the ptetniums £or Mortgage Insrn'ance, Borrower shall pay the premiums rcquizod to obtain coverage substantially equivalent m the Mortgage Innuance previously is effect, at a cast snbstantialty equivalent m the wst m Borrower of the Mortgage Insurance provious~ in effect, fropr an alternate mortgage iasraet selected by Leader. If tarbstantiatly equivalent Mortgage Insurance coverage is not available, Borrows strati Continue m pay m Lender the amount of the separately designated paymrnts that were due when the rttsurance coverage ceased to be ip effect Lender will accept, use anti retain these payments as a non-refndable lass reserve in Gen of Mortgage Insurance, Such lose resen'e shall be naa-reflrndable, motwithatatuhng the fact that the Loan is ultimately paid im full, and Larder shall not be roquired m pay Borrower any interest or eaznings oa such loss reserve. Calder can mo lunge[ requitt loss reserve paytneata if Mortgage Insurance COVetage (m the anrouat and for the period dot I.drder requires) provided by an insure selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insnrarrce. If Lrndcr required Mortgage Insurance as a edition of xoalaag the Low and Borrower was required m make separately designated payments inward the premiums for Mortgage Insurance, Borrower shall pay the premiums required m manalain Mottgage Insurance in e£fed, or mprovide anon-refundable loss reserve, until Leader's requirement for Mortgage Imsururce ends in accordance with any written agrcemeot betwcen Borrower and Lender providing for such termination or unfit termizuUon is required by Appiicablc Law. Nothing in this Section 10 affeet4 Borrower's obligation m pay iaurest at the rate provided in the Note. Mortgage Insuuance reinlbutses Lends {or any entity that purrtwes the Note) for ceriaip losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party m the Mortgage Insurance, Mortgage insurers evaluate their meal risk on all such iasuratrce in force from time to lime, and may eater into agreements with other parties that share err modify their xislc, or reduce losses. These agramarts are on tenors and conditions that are satisiacmry m the mortgage insurer and the otlxr party {or parties) m these agreements. These agrwnentn may require the mortgage insurer m make payments using atry tanuce of funds that the tnoatgage insurer may have available (which may include fiords obtained from Mortgage Insurance prentiuas)- As aresult of these agreemtemts, Lauds, any purchaser of the Note, another insurer, any reinsurer, any other artity, or any affiliate of any o£ the foregoing, may receive (direcfly or indirectly) amounts that derive from (or might be charaderiud an) a portion o£Borrower's paymarls for Mortgage Insraana, in exchange for sharing or modifying the mortgage ittsmer•s risk, or reducing losses. If such agreetnmt provides that ap affiliate of Lender takes a share o£ the insnretas risk im exchange far a share of the premiums paid m the insurer, Ote atraagemtart is ottar termed "captive reinsurance." Further; (a) At1y such agreematts will not atfed the amonmta that Borrvwa' hu agreed m pay for Mortgage Insurance, or nay other terms of the Loan. Such agrtxmwb wW not increase the smannt Borrower will owe for Mortgage Insurance, anti they will not wtitle Borrower any re[upd, 10035987 M" ®0e(PA) ryoaryst pause d to Form 30aB 1101 sK i ~8z~c~b i z Oct.20. 2003 4:47PM K•A•M• ABSTRACTING No,0394 P• 16/30 (b) Any such aigreementa evil! not affect the rights Borrower has - it any -with respect to the Mortgage Insurance under the Homeowner Protection Act of 1998 or any other law, These rights may ludttde the right to receive certain disclosures, to request anti obtain amcellation of the Mortgage insurance, to have the Mortgage Insurance terminated automaticaLLy, and/or to receive a reload of any Mortgage Insursna pt~eroiums that were unearned at the time of attc6 cancellation or termipatied 11. Assignment of Mraeellaneoua Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigoad to ate slnll be paid tc Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically leastble and Leader's aecariry is not lessened Dtaing such repair and restoratiast period, Lender shall have the right to hold arch Miecdlauoous Proceeds until Lender has had sa oppoxtnnity to it>apect such Property to ensure the work has been completed to Condoler satisfaction, provided that suds inspection shall be uadeertalten promptly. Lender may pay for the repairs and restoration in a single disbtuseaunt a iu a series of progress payments as the work is completed. Unless an agremnent is made is writing err Applicable Law requizes interest to be paid on such Miscellaneous Proceeds. Louder shall not be required to pay Borrower any interest or earnings on such Miscepaneous Proceeds. If the restoration or repair is not toonomicalty fesgtble or Lettdet" s security would be lessened, the Miscellaneans Proccads shall be applied to the sums secured by this Security Instrument, whether or trot then due, with the excess, if any, paid to Borrower. Such Miscellancoua Proceeds shall be applied in the order provided for in Section 2. in the event of a total taking, dcsRtictien, or loins is value of the Property, the Miscellaneous Proceeds shall Ile applied to the sutra secirrd by this Security Inshument, whether or not thou duo, with the excess, if any, paid so Borrower. Iu the went of a partial taking, destruction, or loss in value of the Pmpe[ty in which the fair market value of the Property immediately before the partial taking, dcshuction, or lass in value is equal to or greater than the amount of the avms secured by this Security htatttuticot immediately before the partial taking, destruction, err loss in value, unless Borrower and Lender otherwise agree is writing, the stuns severed by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property itnmediatcly before the partial taking, destruction, or toss in value. Any balance sha11 be paid to Borrower. ffi the event of a partial taking, destruction, or loss in value of the Property in which. the fair ttarket value of the Property itmtediacely before the partial taking, destruction, ~ loser in value is less rhw the amotmc of the sums secured itmttadiately before the partial taking, destruction, err loss in value, tutless Borrower and Lender otherwise agree in writing, the Miscetiatteous Proceeds shall. be applied to the allots secured by this Sectaity instrument whether err not the awns axe then due. If the Property is abaodaned by Borrower, or if, athx notice by Lender to Boaowa that the Opposing Party (as defined in the next sentence) offers to make as award to sortie a claim for datoagcs, Borrower fails to respond to Lender within 30 days utter the date the itoaw is giveq I.aada is authorized to collect and apply the Miscellaneous Proceeds either to restoxadoa or repair of the Property or to the suau secured by this Security Instrument, whether or not then due. "Opposing Party" tttcans the third parry that owes Borrows Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrowa~ shall be in default if arty action or proceeding, wlaNher civil or criminal, is begun that, in Lendei s judgment, could result in forfeiture of the Property or outer material impaittaeat of Lender's interest in the Property or rights under this Security Instument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section l9, by causing the action or prooeediag to be 10035987 Miyl, ~~IPAI rooae)s+ vr,.+o ors Perm erase 1101 BN 1782PG©o t 3 Oct•20. 2003 4:41PM K•A.M• ABSTRACTING No•0394 P• 11/30 disrmsscd with a ruling tbat, in Lender's judgment, precludes forfeiture of the Property or oth« mat«ial impairment of Lender's tat«est in dx Property or rights under this Security Insttwtteat. The proceeds of any award or Baum for damages that are attributable to the iatpalrment of Lender s interest in the Property are hereby assigned and shall be paid ro Lender. All Miacellaneoua Proceeds that arc not applied to reseorstion or repair of the Property shall be applied is the order provided fa in Section 2. 12. Borrower Not Released; Forbearance Sy Leader Not a Walver. Facteasiou of the time for Payment or modification of amortiaatiaa of the sums secured by this Security rncmm.ent granted by Lender to Borrows or any Succesoar is Interest of Borrow« shall ant operate to release the liability of Borrower or any Srxxesaors in Interest of Borrows, Leads shall sat be required to coenreence proceedings against any Successor in Int«est of Hoaows or ro refuse to extend lima for paymast a otherwise modify srrrortiTation of the earns sect>red by this Security imtrttmem by reason of nay demand rinds by the original Borrow« or aaY Suocessots in Iatsest of Borrower. Aay forbearance by Linder in exercising arty right o[ remedy including. withouu limitation, Lends's acceptance of payments from third persons, entities or Successors in Interest of Borrower or to amounts Iess than the amorrt then due, shall not be a waive of ar preclude the exercise of any right or remody. 13. Solar sad 3ever>tl Llab;lity; Co-signers; 3uceason sad Assigns Bound. Horrow« covenants and agrees that Borrower's obligatonss and liability shall be johat end several. Howevs, any BOri'ow« who co-signs this Security Iustrttatent but does not execute the Noce (a "eo-signs"): (a) is co-sighing this Security lnsentment only to mortgage, grant and convey the co-sigad s iaternst in the Property ands the terms of this Secarity Instrwaen5 tb) is not personally obligated to pay the sums sxtiuod by this Security Instrument; and {c) agras that Leader sad any nabs Hearow« can agree to extend, modify, forbear ar make nay accommoderions with regard to the terms of this Security Iastrtmrstt a the Note witbotrt the co-signs's consort. Subject to the proviaiaas of Sxton lg, any Successor in Interest of Borrower who aasttmes Borrow«' s obligations rinds thin Security Ioatrltmort in writing, and is approved by Lender, shall obtain aB of Borrower's rights and bwefits under this Security htsatmieat. Borrow« shall not be released from Borrower's obligations and liability und« this Security Listnrrent unless Lender agrees m such release in writing. The covenants sad agrcemorts of this Security lnstrument shall bind (accept as provided is Becton 20) sad benefit the successors and assigns of Lords. 14. Loan Charges. Lends may charge Borrows fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and tights tinder tilts Security Lastrutttort, including, but not limited to, attorneys' fees, property iaspecdoa mtd valuation Rxa. In regard ro any odts fees, the absence of express authority in this Security Insfrttment to charge a specific fiee to Borrow« shall not be construed as a prolu~itioa on the charging of such fce. Lends tray rtot charge fees that arc e~resaly prohibited by this Security Instrument ar by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the iaserest or orbs loan charges collected or to be collected in carrnedion with ebe Loan exceed the permitted limits, rhea: (a) any such loan charge shall be reduced by the amount necessary ro reduce the charge ro the permitted limit; and (b) any sums already w]]ected from Borrow« which exceeded pstmtted limits wilt be rtfitnded to Borrows. Lends may choose to make this refund by redueiog the Principal owed under the Note or by making a direct payment m Borrow«. If a refund reduces principal, the reduction will be treated u a partial Prepayment without orY Prepayment charge (whetter or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund ttnde by drect payment to Borrows will constimce a waive of any right of actoa Borrower might have arising out of such overcharge 15. Notlces. All antics given by Borrows ar Lends is connection with this Barratry Instrument must be is writing. Any aorta to Borrow« in correction wits this Securiry Insmumene shall be deemed to 10035997 mew: r2RA-a(P4) ryo0q.ot Pp~11 of le i) Penn f03a 1101 BK 1782PG061 4' Oct•20. 2003 4:47PM K•A.M• ABSTRACTING No•0394 P, 18/30 have bcea given to Borrower when tnailW by &st class mail or when ac[ually delivered ro Borrower's nodce address if sent by other means. Notice to any one Borrower shall caststimte notice ro all Borrowers unless Applicable Law expressly requires otherwise. The nodce address shall be the Property Addsss unless Borrower bas designated a eubatitute nonce address by notice ro Lender. Borrower shall promptly notify Leader of Borrower's change of address. If Leader specifies a procedure for reporting Borrowe['s change of address, then Borrows shall only report a change of address through Wort specified procedure. There may be wly one designated notice address tender this Seaaity Insaimtent at nay one time. Any notico to Loader shall be gives by delivering it or by mailing it by first cuss mail ro Lender's address stated herein unless Leader has designated another address by notice ro Borrower. Any notice in connection with this Security Instrument shall not be deemed ro have been gives ro Lender until actually received by Leader. If aay notice squired by this Security hsstrumatt is also required under Applicable Law, the Applicable Law squiranent will satisfy the correspondmg requiremart under this Scarcity Instrument. 16. GovemWg law; Severability; Roles of Coaetntctloa. 11tis Seauity Instrument shag be governed by faleral law and the law of the jurisdiction in which tix Property is located All rights and obligatieas contained irr this Security Iastnrmrmt are subject to any requirements end limitations of A~plieable Law. Applicable Law Wright explicitly or implicitty allow the pareies to agree by contract a it aught be silent, but such silence shall not be construed as a proht'bition against agreement by contract. In the event tha[ nay provision or clause of this Seem-ity Instrument a the Note confiica with Applicable Law, such conflict sha11 not affect other provisions of tlria Security Inatrunarnt or the Note which can be given effect without the conflicting provision. As used is this Security Lratrummt (a) words of the masculine gender shall ruean and usclude txnrespandiag nauer words m words of the feminine gender; (b) words in dte singular shall mean and include tyre plural and vice versa; and (c) the word "may" gives sole disereeion without any obligation to take any action. 17. Borcower's Copy. Borrower shall be given one copy of the Note and of this Security Ituarument. t8. Transfer of the Property or a Beaefidal Interest in Borrower. As used in this Suction 18, "Interest in the Property" means nay legal or beneficial intacst in the Property, including, but not limited ro, those beneficial intacsts transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is dre transfer of title by Borrows at a future date ro a purchaser. if all or any part of the Property or any Interest in the Proputy is sold or transferred (or if Borrower is not a natural person and a beneficial interest is Borrower is sold or transfersd) widraut Lender's prior written consort. Leader taay require itranediate paytttent in full of all sums secured by this Security Instnmtent. However, This option shall not be exerased by Leader if such exe[cise is prohibited by Applicable Law. If Lender exorcises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrowex must pay all sums secured by this Seaaity Instrument. If Borrower fails to pay these stttm prior ro the expiration of this period, Leader may invoke arty retrtedies permitted by this Security Instrument without fiullter notice ox demand oa Hotmwu. 19. Borrower's Rtght in Reinstate Attor Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have crtfotcement of this Secuity Instrrnmat discontinued at any time prior ro rho earliest of (a) fire days before sale of rho Property pursuant ro any power of sale contained is this Security Insnutrtent; (b) such other pQiod u Applicable Law might specafy far the termination of Borrower's right ro rciastale; or (c) entry of a judgment enforcing this Security Instrument. Those maditions are that Borrower' (a) pays Leader all aunts which dta3 would be due order this Security Instruvteni and the No[e ore if no accalentioa had occurred; (b) cures any default of/any other covenmts or 10033987 .. ~ t ~btPA) toaaazo! ry.lr q 10 ~`~/"~'~ Foim 3039 7101 BK ! 7s2PG06 1 S Oct.20. 2003 4:41PM K.A.M• ABSTRACTING No•0394 P. 19/30 agreements; (c) pays all e>~suu inverted is enforcing this Severity Instrtment, including, ~bm not limited to, rasonable attorneys' fees, Property inspectitm and valuation fees, and other fees insured for the purpose of protecting Lender's interest in the Properly and rghm undo this Sequity lnstrtmtmr and (d) takes such action as Lender may reasonably require [o assure that Leader's interest in the Property and rights under this Security biarrtarterts, sad Borrower' a obligation to pay the sums severod by this Seanity Instrument, shall continue unchanged. Lender may require that Borrower pay such reinuatanern soups and expenses is one or rnoro of the following forms, u selected by Linder: (a) cash; (b) money order; (c) certiHad cbeak. bank t:hack, treae,uer's cherk or cashier's cheek, provided any such check is drawn upon an institution whose deposits are insured by a federal agarry, instromenreliry or eadey, or (d) Biectronic Funds Transfer. Upon reiastetement by Borrower, this Security Iastrtntteat end obligations secured hereby shall remain fully tdi'xtive as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of atxeluatioa tinder Section 18. 20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in tha Note (together with this Security Instrument) can be sold one or snore times without prior notice to Borrower. A sale might result is a change in tin entity (ktwwn as the "Cosa Servieer") tint collects Periodic Paymmta due under the Nou and this Security Insnutnettt and performs other mortgage loan servicing obUgadoas under the Note, this Security Instrutitem, and Applicable Law. There also Wright be orn or more changes of the Loaa Servicer unrelated to a sale of the Note. If there is a change of the Loan Scrviar, Borrower will be given written notice of die change which will state the name and address of the new Loan Serviar, the address to which payments should be made and any other infortnadoa RHSPA requires in connecdon with a nodee of transfer of servicing. ff the Note is sold sad thereafter the Loan is serviced by a Laaa Sautes other than the purchaser of the Notq the mortgage town servicing obligations to Borrower will remain with the Loan Servicer or be transferred W a sucassac Loan Semen and are not assumed by the Note purchaser unless t><bct~vise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to aby judicial action (as either an iadividttal litigant or the member of a class) that arises from the other parry's actions pursuant to this Secmiry lttstntnrutt or that alleges that the other party has breached any provision o£, or any duty owed by reason o~ this Security Instntmmt, until welt Borrower or Lender has noti6od the other party (with such notice givers in compliance with die requireutmrs of Section 15) of such alleged breach sad afforded the other party hereto a reasonable period after the giving of such notice to take coerective action. If Applicable Law provides a time period which must elapx before certain acdon tan be takeq that rime period will be deemed to be irasonabie for purposes of this paragraph, The notice of acceleration and opportunity m cure given to Borrower ptusttant to Section 22 and the notice of acceleration given to Harrower pursuant to Section 18 shall be deeaned to satisfy the notice and opportunity m take corrx[ive action provisions of this Section 20. 21. Har3rdouc Substances. As used is this Section 21: (a) "Hazardous Substances" are those wbstanccs defined as toxic or hazardoos wbstaoces, Pollutants, or wasees by Eaviromxntal Law and the following wbstattces: gasoline, kerosene, offer flammable or toxic petroleum products, roxic pesticides sad herbicides, volatile wlvetus, materials containing asbestos err formaldehyde, sad radioactive materiels; (b) "Environmental Law" means federal laws sad laws of the jurisdiction where the Property is located that relate to health, safety or environmearal protection; (c) "Enviromnental Cleanup" includes nay response anion, remedial action, or removal action, as defined is Bnvirontrtental Law; and (d) an "finvironmenral Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 10035987 Mx ®~6(PA) NOOaaot Paps 13 al f6 ~ form 30aa i/at 8K l 78[PG06 16 Oct.20. 2003 4:48PM K,A•M, ABSTRACTING No•039a P, 20/30 Boaower shall not cause or perudt the presence, use, disposal, storage, or release of any Iiazandous Substanoea, or thrrateu to release arty Harardous Substances, on or in rile Property. Borrower shall not do, nor allow anyone else to do, anytbiag affecting the Property (a) that is in violation of any Environmental Law, (b) which creates cell Environmental Condition, or (c) which, due to the presegce, use, or release of a Hazardous Subsrauce, creates s wttdition. that adversely affect the value of the Property. The preceding two sl:atences shall not apply to the presara, usc, or storage on the Property of small 4uantities of Hazardous Subsaances that are generally recognized to be appropriate to normal residential uses sad to rminteaance of the Property (i~luding, but not limited to, blzrdous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigado~n, claim, demand, lawsuit or odter action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bonower has actual lmowlodge, (b) any Environmental Condition, including but am limited to, say spltling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use err release of e HaxMm.a Sub~aace which adversely afitcts the value of the Property. If Borrower learns, err is notified by any governmental m regulatory authority, or any privata party, that any removal or other remediatioa of anY Haws Substance affecting the Property is necessary, Harrower shall promptly take all necessary rcarredial salons in accordance wttb Environnental Law. Nothing baeut shall exeste any obligazion oa Lander for an Environmental Cleanup. NON-UATIFORM COVENANTS. 13mrowtr and Lender further covenart and agree as follows: 22. AceNet•~atlon; Rettiedies. Llmder shall give notice to Borrower prior to acceleration tollawing Borrowers breach of aqy covenant or rgreeaaeut in this Security Lssirument (but not pMor to alxderadoa under Sectlon 18 uoiesa Applicabk Law providee otherwLee). Lender :hall natlfy Borrownr of, lmtoug other thlaga: (a) the default; (b) rho action r+eryttlrM to care the default; (e) when the default must he cared; and (d) that tallnre to care the default as apeeit5ed tray result in acceleration of the sums stieulYd by this Security Iustrammt, foreeloaarc by judidat prceeediag and sale of the Propa4y. Leader shall further (nforns Borrower of the right to toiostate after aeceler'atioo and the tight to assert in the foredoauro proceeding the son-etfistence of a default or any other defense of Borrower to acceAentIon and foreclosure, If the ddault k not tared w specified, Lender at its option may require Immediate payment in full of cell sums secured by this SecnHty Instrument without further demand and may foreclose this 8ecmity InstYtomewt by judidal proceeding. Lender shall be eatltled to to11eN all a=pauses Incurred in pursufag the remedies provided iu lifts 6ection 22, tucluding, but not Bmited to, attorneys' fees and rnsts of tkle evidence to the errant permitted by Applicable Law. 23. Release. Upon paytrxut of all awns secured by this Seavity Instrument, this Seclnity Instzulaent and the estate eomeyed stall terminate end become void. After such occmrencq Leader shall discharge and satisty this Security InstrutnenL Borrower shall pay any recordation coats. Lender may charge Borrower a fee for releasing this Sealriry Insmtment, but only if the fee is paid to a third party for services renda~ed and We charging of ehe fee is permitted wader Applicable Law. Z4. Wa{vers. Borrower, to the extent permitted by Applicable Law, waives and releatce any error or defects in proceedings to enforce this Security [nstrument, and hereby waives the bptefit of any present or future laws providing fa stay of exewlion, extcnsioa of time, exemption from attachment, levy and sate, and homestead eacemption. 25. Reinstatement Period. Borrower" s time m reirtltatc provided in Section 19 shall cxtrnd to one boor prior to rho commencewent of bidding at a sherig+s Bale or other sale purawatlt to this Security Ins4ntaoettt. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acgvtre title to the Property, this Security Itlstrurttatt shall be a purchase money mortgage. 27. Interest Rate: Aftor .Tadgment. Borrower agrees that the intuest tale payable alto a judgment is entered on the Note or in an action of mortgage faexlosure shall be rite rata payabl from time to tune under the Note. 111033987 .a PA roossl.oi ~~ai ®® ( 1 Pepe a era ^ Form 30]V 1101 BK 17~2PG06 17 Oct.20. 2003 4:48PM K•A•M. ABSTRACTING No•0394 P. 21/30 BX SIGNING BkI,OW, Bozrowa accepts and agrees to the tams end covenants contained in this Seciaity Iastrtunent and in any Rids executed by Borrovrcr and rccorded with it. Witnesses: ~ ~/ 10035987 dAMBB 8. ]ta[Y L. IG13'1' (Seal) -Borrower ~~) -Bermwer ~~~ -8emowq Pae~ 16 pl t i orroakr / B (Seams) (~) -BprYewer ~Seai) -Bafpwef (Seal) -Betrowar Form aoao trot 8K R 782FG06 1 8 Oct•20. ?003 4:48PM K•A•M. ABSTRACTING Certificate of Residence No•0394 P. 22/30 l+ Iil`; Ll~ e~c ~ 7 (o ter() r cs , do hereby ~r~y that the correc[ address of the witiritrnamed Mortgagee is 7525 SRVIATH t'$31TSR DR. SIIITS 250, ixviNB, G 94618 Witness my head this S ih day of illo v e, MA ~ Z ~' ZO o '~ . ~~.~~ • Agent of Mortaeaee COIYIlKOIVVVEAL'fH OF PENNSXI,VANIA,, ~ ~^0~!'~0-+~' Cowtty ss: On this, the ~j Th day of ~DVr.~~e,r Zoo` ,beforemc,the undersigned officer, personally appeared Ta-.~`e.5 ~ . W r,`Jc (~ `} es,~ L•7, A~w.y t. W ~ ~~k ~1- Imown m me (or satisfactorily pzovea) to be the person(s) whose ttante(s) islare sabscatbal to the within inshumeaat and acknowledged that Le/slydthcy executed the same for the purposes herein contained. IN WITNI3SS WHEl2$OF, I hererwto set my Land and official seal. My Cottuaissioa Expires: IBCiIAEL J. QAppt~A, IgRARY PUBLIC 8TATECOLI.EIIE, CEMtRECO, PA 8YA7ECOLf.BOEBORO MY COMIAl9S10M EXpIREB MARCH 74, 2006 10035987 rDLn-0(PAI tOOOei.ai TiOe of Or8<er Mnw.+ Form 3088 1101 woe to et to BK I %8LPG06 19 Oct•20. 2003 4:48PM K•A.M• ABSTRACTING No•039~ P. 23/30 EXAIBTT "A" LEGAL DF.SCRIPTTON ALL that certain lot of land situate iu- the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a polttt on the norWerly line of Carlisle Road, said point being located ninety (90) feet measured eastwardly along said line from the northeast cornet of Carlisle and Selwick Roads; thence northwardly along the easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence northeastwardly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the southerly line of lands now or late of William H. Smith and wife; thence along said Smith Iands eastwardly sixty-six and fifty-flues one hundredths (66.53) feet to a stake; thence southwardly along the westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to a stake; thence southwardly along said line and crossing a concrete sidewalk five (5) feet to a poittt; thence westwardly in said walls and at right angles to the last mentioned line forty-eigbt and ninety~ne one hundredths (48.91) feet to a point; thence still in said walls eleven and nine ono-hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a srttall portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. BE1G the same premises which became vested in the 1vlortgagors herein by deed of I{ristine L. Polkinghotn dated November 5, 2002 and recorded contemporaneously herewith in the office of the Recorder of Deeds in and for Cumberland County. I Certify this to be recorded Iit Cutnberiand County PA ;. ,~ 3~ =L ~ .~ .: ...... , Recorder of Deeds BK 1782P6O62O Oct.20. 2003 4:48PM K•A•M• ABSTRACTING No.0394 P. 24/30 Loan Number 1003598] ADJUSTABLE RATE RIDER (LIBOR 31x-Month Iodeat (As Pubtlshed In The WaII Street Journal}Rate Caps) THIS ADJUSTABL)s RATE RIDER is made this 5th day of November, 2002 ,and is iacorpozated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (tho "Security Iashuraeat'7 of the soma date gives by the undersigned ("Borrowet') to sacttte Borrower's Ad))'tutable Rate Note (the "Note'? to PEOPLE'S CIiOICE HOME LOAN, INC. a WYOMING CORPORATION ("I.tMc~7 of the same date and covering the ptnperty described in the Sectuity Tnstnuaeat sad located ac 1302 CARLISLE ROAD, CAMP HILL, PENNSYLVANIA 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES BY TFIE 1NTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST HATE CAN CHANGE AT ANY ONE TIME AND TBE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the cwetlaots and agrcevreats made in the Security instrument, Borrower and I.endex further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.490%. The Note provides for changes in the interesC rate and the monthly payments, as follows; 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest me 1 will pay may changc an the 1st day of December, 2004 sad on that day every 6 month(s) thereafter. Each date on which my interest rate could change is called a "Change Date," (B) The Index Beginning with the fast Change Date, my interest sate will be based on as Index. The "Index' is the average of interbank offered rates for nix moathU.S, dollar-deiaominated deposits in the London market ("LII30R'~, as published in The Wall Strew 7auraal, The most recent Index figure available as of the date 45 days beforo each Change Datc is called the "Current Index." If the Index is no longs[ availab]e. the Note Balder will choose a oew index that ie based upon comparable infottttation The Note Holden will give me notice of this choice. (C) Calcalatian of Changes Before each Changge Date, the Note Holden will ealculace tuy new interest rate by adding six percentage points (6.000%)flo the Glnreat Index. The Note Holder will theu round the result of this addition to the nearest ono-eigbdr of one percentage point (0.125°!°). Subject to the limits stated in Section 4(D) below, this rounded amoum witl be my new interest rate until the next Change bate. The Note Holder will then dc~mdne the amount of the monthly payment that would be sufficient to repay the u~raid principal that 1 am ergfected to owe at the Change Date in full on the Maturity Date at my nwar I 092fi/el Page i Of 3 BK i ~82PG062 Initials: Oct.20. 2003 4:48PM K•A.M. ABSTRACTING No.0394 P• 25/30 new interest ran in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Lizults an Interest Rate Changes The interest rate I am required to pay et dte fast Change Dau will not be greaer than 12A90 % or less than 9.490 °h. Thereafter, my interest rate will never be increased or decueaed on any s le Change Dace by more than one percentage points (1.000%) from the tau of interest X have bt to paying for the precedmg 6 months- My interest rate will aevex be greater than 15.490`/°. My interest tau will never be less than 9.490%. (E) Effective Date of Changes My new interest rate will become effective on each Change Dau. I will pay the amount of my new momlily payment begimriug on the fast moodily payment date after fha Change Dau until the amount of my monthly paymcm changes again. (F) NoticeafChanges The Noce Holder will deliver or mail to rot a notice of say changes is my inerest tau and the amours of mY monthly payateot before flu effective dau of any change. The rmtlce will include infotmatioa zegttixed by law to be given to me and also the title and telephone number of a person who w>Yl answer say question I tray have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST iN BORROWER Uniform Covenant 18 of the Security Insfimrent ;e amended to read as follows: Transfer at the Property or a BeneGelal Interest Borrawen As used in this Section I8, "Interest in the pxoperty~' auana say legal or beneficial interest in the Property, including, but nos limitod to, those beneficial interests transferred in a bond for deed, counac4 for deed, itutalhaent sales contractor escrow agreement, the intent of which is the lransfcr of title by $orrawer at a future date to a purchaser. If all Or any part of fhe property or any Itttuest in the property is sold ox transfeaed (or if Borrower is sot a natural petsan and a beneficial interest is Borrower is sold or trans&rred) without Leader's prior written consent, Lendu may require itnta«liau paytnem in ;frill of e11 sums secured by this Security Iasnnment. However, ibis option shall not be exercised by Lender if such exereiu is prohibieed by Applicable Law, Lender also shall sot exercise this option if (a) Borrower causes to be submitoed u Leader infomration requved by Leader to evaluate the intended transferee as if a new loan were being made to the transferee; and (h) Leader reasonably deurmines that Lender's secuztty will not be imp~~ by the loan assumption and that the risk of a breach of any covenantor agreement in this Security Lis nmentn t is acceptable to Lender. To the exuaf pemtitud by Applicable Law, Lender may charge a reasonable fee as a eoaditimt to Lender's consent to the loan assumption. Leads also may require the transferee to sign as assumption agreement flat is acceptable to Leader and that obligates the transferee to Iteep all the promises and agreements made io the Note and is this Security tastrmneat. Borrower will coatiaue to be obligaeed under the Nou sad this Security Instrument unless Lender releases Bouuower in writing. If Lender exercises the option to require inuoediau payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not kss than 30 days from the dau the notice is given is accoxdaau with Section 15 within which Borrower must pay all suttts scented by this Security Insttuatent. If Boaower fails m pay these sums prior u the expiration o ibis period, Leader may im~oke say remedies pemtitted by this Security Instnuaent without further notice or demand on Borrower. msara osrz~oi °2or3 tilt 17$2PG0622 hvttals: Oct•20. 2003 4:49PM K•A•M• ABSTRACTING No•0394 P. 26/30 BY SIGNQdG BELO W, Borrower accepts and agrees to fire terms and coveoanta contained in this Adjuseable Rate Ridor. JAB. WRI (Seal) ~~-/`~' (Seal) -Borrower AMY L. W GHT ~ -Borrower (Seal) (seal) -Borrower _Borrower (Seal) (Seal) -Borrower _Borrower mgrr3 09l2b/01 Page 3 of 3 ~j~s. ~1~~ ) Received: t0/ 9/03 3:42PM; Oct-09-2003 03:32pm From- Housing Finapce Agency T-T30 P.003/005 F-297 Homeowners' Emergency Mortgage Assistance Loan Program Pavrnenrs: 2101 Norrh Front Srreer, P.O. Box /S?06 Harrisburg. PA 17!05.5206 Corremondenc¢; 1101 Norrh Fronr Srreer. P.O. Box !5530 Harrisburg, PA 1 71 05-353 0 (717) 780.3940 1-800-342-2397 FAX (717) 780-3995 777 (7l7) J80-1869 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM STATEMENT OF CREDIT DENIAL,TERMINATION OR CHANGE 9/25/2003 FAIRBANKS UBS JECT: PO BOX 65250 JAMES B WRIGHT SALT LAKE CITY, UT. 84165 1302 CARLISLE RD CAMP HILL, PA. 17011 S.S.#: 206-54-0121 Loan #: 0004051728 REQUESTED CREDIT: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN Adverse Action Taken: CHANOE/LOAN RESCISSION Principal Reason(s) for Adverse Action Concerning Credit: DELETED IN LENDER'S COPY You may be entitled to an appeal headng Ii you disagree with our decision. We must receive a written request for a hearing within fifteen (15) days of the postmark date of this letter- (Appeal requests must be in writing; a verbal request is not acceptable.) The headng may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel -Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.Q. Box 15628, Harrisburg, Pennsylvania, 17105-5626. The Agency will attempt to schedule the hearing within thirty (30) days after the request Is received. When sanding your appeal, please b~ sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative through the following toll free number: 1-500-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. pisCl05ure inapplicable. The Federal Equal Cred'R Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding convect); because all or part of the applicant's inwmr3 dedves from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. Sincerely, THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program > THE LAW OFFICES OF BARBARA FEIN; . s HPCFIANGE Page 3 VERIFICATION The undersigned, an officer of Fairbanks Capital Corp., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the 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 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: / ~ / / ~~ Name Jeff Title Doc Company: Fairl \ TTT C a ~c _ --- -- iii 2004 /~~ f _, SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01717 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B 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 WRIGHT JAMES B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT WRIGHT JAMES B 1302 CARLISLE ROAD CAMP HILL, PA 17011 HOUSE VACANT. DEFENDANTS BELIEVED TO BE LIVING IN HARRISBURG. MAIL IS STILL DELIVERED TO GIVEN ADDRESS. --_ -- Sheriff's Costs: So answe ''~'1 -='"' -' Docketing 18.00 _= ~ "~ Service 10.35 `" _- . - "" Not Found 5.00 R. Thomas K-ine Surcharge 10.00 Sheriff of Cumberland County .00 43.35 BARBARA FEIN 04/26/2004 Sworn and subscribed to before me this a 9 wv day of U~ aovy A.D. u l _. Pro h notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01717 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B 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 WRIGHT AMY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT WRIGHT AMY E 1302 CARLISLE ROAD CAMP HILL, PA 17011 HOUSE VACANT. DEFENDANT BELIEVED TO BE LIVING IN HARRISBURG. MAIL IS STILL DELIVERED TO GIVEN ADDRESS. Sheriff's Costs: So answers_• --~~ -- ---'' Docketing 6.00 .- -' Service .00 ~ Not Found 5. 0 0 ~' R. '~'hom~s ~ K i Surcharge 10.00 Sheriff of Cumberla[pd County .00 21.00 BARBARA FEIN 04/26/2004 Sworn and subscribed to before me this -Z~ ~ day of Pr t onot ~ o ' THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.04-1717 civil term 03-10481 oooaos vz8 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. By and Through its undersigned legal counsel, The Law Offices of Bazbaza A. Fein, P.C., Bazbaza A. Fein, Esquire, Respectfully Requests this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings which require personal service upon the Defendants James B. Wright and Amy E. Wright by regular mail and certified mail and by posting of the subject property at 1302 Cazlisle Road, Township of Lower Allen, Cumberland County, and in support thereof avers the following: The Cumberland County Sheriffs Department hasbeen unable to serve the pleadings upon the Defendants James B. Wright and Amy E. Wright at the subject property address. (See Retum of Service appended hereto and incorporated herein by reference as Exhibit "A"). 2. Pursuant to Pennsvlvania Rules of Civil Procedure Rule 430, Plaintiff has made a good faith effort to establish the current whereabouts of the Defendant. (See Affidavit of Good Faith Investigation setting forth specific inquiries made by Plaintiff and/or its attorney of record, same being appended hereto and incorporated herein by reference as Exhibit "B"). 3. The last known address of the Defendant is 1302 Cazlisle Road, Camp Hill, PA 17011. WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to Penns~vania Rules of Civil Procedure Rule 430, directing that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings which require personal service be effectuated by regular mailing and certified mailing, and by posting the subject property at 1302 Cazlisle Road, Township of Lower Allen, Cumberland County. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Bazbaza A. Fein, Esgmre Attorney for Plaintiff Attorney I.D. No. 53002 Date: May 18, 2004 SHERIFF' S RETURN - NOT E'OiJND CASE NO: 2004-0171 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B 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 WRIGHT JAMES B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT WRIGHT JAMES B 1302 CARLISLE; ROAD CAMP HILL, PA 170 HOUSE VACANT. DEFENDANTS BELIEVED TO BE LIV'_=NG IN HARRISBURG. MAIL IS STILL DELIVERED TO GIVEN ADDRESS. Sheriff ' s Costs : So answexs c,.; - '" - ~ " Docketing 18.00 -, '~,~/ ~r ~~~ Service 10.35 ~Z Not Found 5.00 R. Thomas K the Surcharge 10.00 Sheriff of Cumberland County .00 43.35 BAR$ARA FEIN 04/26/2004 Sworn and subscribed to before me this A.D. day of Prothonotary s~~~~~ APR ~ 9 2004 SF:ERIFF'S RETURN - NOT E~OUND CASE NO: 2004-0171 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B 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 WRIGHT AMY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT WRIGHT AMY E 1302 CARLISLE CAMP HILL, PA 1 HOUSE VACANT. DEFENDANT BELIEVED TO BE LIVIIJG IN HARRISBURG. MAIL IS STILL DELIVERED TO GIVEN ADDRESS. Sheriff's Costs: So answerscx.,, ~ .- j ... Docketing 6.00 / /~ ~.~`~~~ Service .00 - ,' -~' _ /~_ ..,- Not Found 5.00 B.'Thomai Kli~9~~ Surcharge 10.00 Sheriff of CumloerlaCnd County .00 21.00 BARBARA FEIN 04/26/2004 Sworn and subscribed to before me this day of A.D. Prothonotary Confidential Plaintiff: Lehman Capital Investigative County: Cuimberland Services, Inc. vs. Term #: not issued to date Defendant: James B. Wright and Amy E. Wright Locate: James B. Wright Address Given: 1302 Carlisle Road, Camp Hill, PA ATTENTION: Sherry Cantagallo The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 File #: 03-10481 AMENDED AFFIDAVIT OF LAST KNOWN ADDRESS 1302 Carlisle Road, Camp Hill, GOOD FAITH INIVESTIGATION PA 17011 CREDIT REPORT HEADER INFORMATION The Credit Bureau reports the subject's most current address as 1302 Carlisle Road, Camp Hill, PA 17011. EMPLOYMENT None given at this time. INQUIRY OF DIVISION OF MOTOR VEHICLES The Pennsylvania Department of Transportation -Division of Motor Vehicles reports driver's license number 22027699 is issued to James Brian Wright of 1302 Carlisle Road, Camp Hill, PA 17011. The license is due to expire December 5, 2007. INQUIRY OF U.S. POST OFFICE (FOIA) The Camp Hill Post Office reports mail is good as addre<_ISed to the subject at 1302 Carlisle Road. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE (:OMPANY OPERATOR CONTACT The telephone company operator reports o listings issued in the subject's name at 1302 Carlisle Road or the surrounding area. CONTACTS No neighbors with listed telephone numbers on the 1300 block of Carlisle Road could be reached to confirm the subject's residence. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TF2UE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HERE1iJ ARE: M,pDE SUBJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. _' //J AFFIANT: ,~,.,,FCN ~ /''131 E CO kM;-GLI 235 South 13th Street Philadelphia, PA 19107 (215)546-7400 (800)503-7400 Fax (215)985-0169 .D BE~QRE ME THIS I' 20~D / " COMMONWE:'.CY'H OF PENN5V ~-, ,,~,o. NOTARIAL SEAL SUSAN ~. ROSENFELD Notary Public City of Philadelphia, Phila. Crunty My Commission Explras March 1i 200f+ Credit Screener : ~ Teledata Communications inc. Transaction Number 1551.0 lUSER REF. THIS FORM PRODUCED BY EQUIFAX PAGE SSN ISSUED-75 STATE ISSUED-PA M1 OF 1 NM-WRIGHT, JAMES,B CA-1302,CARLISLE, RD, CAMP HILL, PA,17011,10/O1 FA-5300,MANAYUNK, RD APT A,HARRISBURG, PA, 17109, 02/98 ES-,WATKINS MOTORS SS-206-59-0121 BDS 12/04/68 ~ END OF REPORT EQUIFAX AND AFFILIATES - 09/27/04 Page 1 of 1 https://www.creditscreener.net/webApp/Credit_Screener3/displayreport.js.p?rid=604417 4/27/2004 -. ~ __ PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION APR 29 2D04 DRIVER: JAMES ;3RIAN WEIGHT DRIVER LICENSE NO p~C20499965 DATE OF HIRTH 1302 CARLISLE ROAD SEx ; MALE CAMP HILL, PA 17011 RECOJ~D TYPE LIC/MECHANIC DRIVER LICENSE (DL) _COMIM£RCIALJDRIVER_LICENS£_(CDL)- --~`--~- _ ~ CAL LICENSE CLASS LICF_NSE CLASS = C CDL LICENSE ISSUED LICENSE ISSUE DATE: JAN 02 2004 CDL LICENSE EXPIRES: LICENSE EXPIRES DEC 05 2007 CDL ENDORSEMENTS NONE ORIG ISSUE DATE APR 23 7.9$6 CDL RESTRICTIONS L MEA RESTRICTIONS : NONE CDL LEARNER PERMITS: LEARNER PERMITS CDL LICENSE STATUS LICENSE STATUS . SB E:NDORSEM£NT PR0J3ATIONARY LICENSE (PL) PL :LICENSE CLASS PL :LICENSE ORIG ISS: PL 'LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLI. LICENSE ISSUED OLI. LICENSE EXPIRES: OLI. LICENSE STATUS *** END OF RECORD "* 0 S U1 6 S ~~ ~~ l~ ~~ (~O /9 5 ~ CS' . c 0 N y 9 % ~ ~ m ~ rrrr ypoaay 7y ]H~~c~ Q~ N N ~ ~ C y~~~~x ~ ra .. ~~ ~y~ aW ~~ ~w~y~x ~°~x~o yf,..~~~C~o y w ,,,, C o y w ~r~n~~ ~~~ C~~~~n~ ~~~~~m x'~x~ r~b~r~ aba~y~ ox~ o Cox~- o ~Ny°`^ci~ N N Y O ~7 N ~ O ~ 1 ~ ~l i.+ J ~ ~ ~ J ~ ~ " J ~ W W O v Owv 'rNJ~ O W ~O W 1 °` J~ ~'' 4 ,~/ ~ ~ ~ ~ ~ A g_ Q ~ 3 ~~ ii!lN , 0 ;~n /~ ?4U9 /Ull B&R Court Filing Services foProcesss~ervmgInc. Court Reporting Postmaster Camp Hill, PA 17011 City, State, ZIP Code Date: May 4, 2004 Please provide apartment number or physical address information for post office box, if applicable Request for Change of Address or Boxholder Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: 1lTame: James !'Vright Address: 1302 Carlisle Road NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)lu). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylvstnia Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: Lehman Capital-v-James B. Wright and Amy E. Wright 4. The Court in which the case has been or will be heard: Cumberland Countv Court of Common Pleas 5. The docket or other identifying number if one has been issued: not issued to date 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I C "1'HE ABOV 'INFORMATION IS TRUE AND'rHAT THE ADDRESS INFORMATION IS NEEDED AND W ILL BE USED SOLELY FOR SERVICE OF L AL PRO ~ S IN CO CTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 235 South 13th Street Signature Address Diane Cowan Philadelphia. PA 19107 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY Mail is good as addressed. Not known at address given. NEW ADDRESS OR BOXHOLDER'S POSTMARK = Moved, left no forwarding address. NAME AND STREET ADDRESS No such address. ~~~ „_ < ^' _< N ~ Confidential Plaintiff: Lehman Capital Investigative County: Cumberland Services, Inc. vs. Term #: not issued to date Defendant: James B. Wright and Amy E. Wright Locate: Amy Wright Address Given: 1302 Carlisle Road, Camp Hill, PA ATTENTION: Sherry Cantagallo The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 File #: 03-10481 AMENDED AFFIDAVIT OF GOOD FAITH INIVESTIGATION LAST KNOWN ADDRESS 1302 Carlisle Road, Camp Hill, PA 17011 CREDIT REPORT HEADER INFORMATION The Credit Bureau reports the subject's most current address as 1302 Carlisle Road, Camp Hill, PA 17011. EMPLOYMENT None given at this time. INQUIRY OF DIVISION OF MOTOR VEHICLES The Pennsylvania Department of Transportation - Divisicn of Motor Vehicles reports driver's license number 21887736 is issued to Amy Lynn Wright of 1302 Carlisle Road, Camp Hill, PA 17011. The license is due to expire August 14, 2004. INQUIRY OF U.S. POST OFFICE (FOIA) The Camp Hill Post Office reports mail is good as addressed to the subject at 1302 Carlisle Road. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports o listings issued in the subject's name at 1302 Carlisle Road or the surrounding area. CONTACTS No neighbors with listed telephone numbers on the 1300 block of Carlisle Road could be reached to confirm the subject's residence. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TF2UE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIJ~I ARE: Mfy~E SUBJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~ / ,/'/// AFFIANT: `~ / IANE Cf~l°ELI ~ 235 South 13th Street SWORN SCRIBED BB~,FORE ME THIS jI Philadelphia, PA 19107 OF '~ 20~~/L/ (215) 546-7400 ~` "{ comex~~v~~w~r~ •.r rerrwsviv~Nra (800) 503-7400 ~ f / NOTARIAL SEAL Fax (215) 985-0169 `NO P~1 I Public _I C . SUSAN L. ROSENFELD, Notary - ~ ~F~~~~lelnhia. Phila~ County ati_.,.n , ~ ?pp8 Credit Screener : ~ Teledata Communications inc. Transaction Number 1552.0 lUSER REF. THIS FORM PRODUCED BY EQUIFAX PAGE 1 SSN ISSUED-85 STATE ISSUED-PA M1 OF 1 NM-WRIGHT,AMY,L CA-1302, CARLISLE,RD,CAMP HILL, PA, 17011, 12/01 FA-5300,MANAYUNK, RD APT A,HARRISBURG, PA, 17109,01/99 ES-,FIRST HEALTH SERV SS-211-69-7038 BDS 08/13/69 FN-WILLIAMSON,AMY,L6 END OF REPORT EQUIFAX AND AFFILIATES - 09/27/04 Page 1 of 1 https://www.creditscreener.net/webApp/Credit_Screener3/displayreportjsp7rid=604418 4/27/2004 ~.~ ~. ~..... PENNSYLVANIA DEPARTMENT OF TRAN'3PORTATION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION APR 29 ?009 DRIVER: AMY LYNN WRIGHT ~ ARIVfi:R LICENSE NO 21887736 PATE OF BIRTH AUG 13 1969 1302 CARLISLE RD SEX FEMALE CAMP HILL, PA 17011 RECORD TYPE REG LTC/ID COMfdERCIAL DRIVER LICENSE: (CAL) DRIVER LICENSE (DL) ---------'---'--' - --- °--° ----~-------_-- CDL :LICENSE CLASS LICENSE CLASS CDL :LICENSE ISSUED LICENSE ISSUE DATE: AUG 19 2004 CAL LICENSE EXPIRES: LICENSE EXPIRES CDL ENDORSEMENTS NONE ORIG ISSUE DATE OCT 06 1986 CDL RESTRICTIONS NONE MED RESTRICTIONS NONE CDL LEARNER PERMITS: LEARNER PERMITS CDL LICENSE STATUS LICENSE STATUS . SB E:NDoRSEMENT • PROBATIONARY LICENSE (PL) PL ]:ICENSE CLASS PL LICENSE ORIG ISS: PL :LICENSE ISSUED PL :LICENSE EXPIRES PL 'LICENSE STATUS OCCUPATIONAL,LIMITED-LICENSE-(OLL; OLI LICENSE CLASS . OLI, LICENSE ISSUED OLI. LICENSE EXPIRES: OLI. LICENSE STATUS k** ENA OP RECORD *** yJ~ l U1 Vr' (. ~~6 C ~"r ~ ~ (~ 4 t P C Q N ~n~aro~~n ~oorrd ONN~xr ~~~~~~ ~~~'~~~ ..>w~ O'-'o~o Ci'1 ~'C~ C]o~onxyJj'O ~n~r~0 C~"~ Cri7°~o ~m ~~~ ~~~~~~ ~n~~~~ r~r~~~ r aroa a~ a~x ~~°~o~ .. o ~ r" `~~..,'1t .. o~i°~a~ro N " N Y O J N J O ~ 1 v ~ ~ O ~ J~p1~.+ W J w C~ a o w w w ~ N J ~ O r ~O y~ ~~~~~~ ~o ~~~~~~ ~QA Q A ~~ /~ i ~/C ~~~ pq ~/l// B&R Court Filing Services fo Profes ionpls Inc. ~'rocess ~ervmg Court Reporting Postmaster Camp Hill, PA 17011 City, State, ZIP Code Date: May 4, 2004 Please provide aparltment number or physical address information for post office box, if applicable Request for Change of Address or Boxholder Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: Amy Wright Address: 1302 Carlisle Road NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)I,u). There is no fee far providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylv:tnia Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: Lehman Capital-v-James B. Wright and Amy E. Wright 4. The Court in which the case has been or will be heard: Cumberland Countv Court of Common Pleas 5. The docket or other identifying number if one has been issued: not issued to date 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORM1fATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE fEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE 5 EARS, OR BOTH (TITLE IS U.S.C. SECTION 1001) 1 CE T E ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND W ILL BE USED SOLELY FOR SERVICE OF L ALP IN CONNECTION ACTUAL OR PROSPECTIVE LITIGATION. 235 South 13th Street ignature Address Diane Cowan Printed Name Mail is good as addressed. _ Not known at address given. _ Moved, IeR no forwarding address. No such address. Philadelphia. PA 19107 City, State, ZIP Code FOR POST OFFICE USE ONLY NEW ADDRESSOR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS / ~~~y< ~ U v \: N ~ ~'aa~ VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Motion for Service Pursuant to Special Order of Court aze true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: r ~~ Bazbaza A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. `.13002 Dated: May 18, 2004 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.04-1717' civil term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. MEMORANDUM OF LAW Pennsylvania Rules of Civil Procedure Rule 430(a) provides in pertinent part that: If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidaviit stating the nature and extent ofthe investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. NOTE: A Sheriffs Retum of "Not Found" or the fact that a Defendant has moved without leaning a new fo~wazding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice oi.'intended adoption mailing to last known address requires a "good faith effort" to discover the correct address. Ado~fion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of thf; Defendant, and (3) examinations oflocal telephone directories, voter registration records, local tax records, and motor vehicle records. As evidenced by the Exhibits "A" and "B" appended to the Plaintiffs Motion, the Plaintiff has been unable to establish the current whereabouts of the Defendants James B. Wright and Amy E. Wright to effectuate upon him/her personal service ofthe pleadings. Plaintiffs Affidavit of Good Faith Investigation sets forth in detail the steps which it has taken in order to determine the Defendant's current residence. WHEREFORE, Plaintiff respectfully requests service of the Complaint in Mortgage Foreclosure, Notices of Sale, and all other pleadings which require personal service , by certified and regular mail, and by posting the pleadings at the most conspicuous location of the subject property at 1302 Cazlisle Road, Township of Lower Allen, Cumberland County. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: a Bazbaza A. Fein, Iisquire Attorney for Plaintiff Attorney I.D. No. 53002 May 18, 2004 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No.79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERL~~ND COUNTY NO.04-171' civil term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. CERTIFICATE OF SERVICE I, Bazbaza A. Fein, Esquire, Attorney for Plaintiff Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the appended pleadings/papers upon the following party at the last known address: James B. Wright Amy E. Wright 1302 Cazlisle Road 1302 Cazlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 THE LAW OFFICES OF' BARBARA A. FEIN, P.C. By: G Bazbaza A. Fein, ]Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. NEW JERSEY OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 (856) 596-5552 425 Commerce Drive Suite 100 Fort Washington, PA 19034 PITTSBURGH OFFICE 110 Atwood Street, PMB. 680 Pittsburgh, PA 15213 (412)361-8286 Barbara A. Fein, Esquire Kristen I. DiPaolo, Esquire Members of Pennsylvnnin and New Jersey Bars James B. Wright 1302 Cazlisle Road, Camp Hill, PA 17011 Amy E. Wright 1302 Cazlisle Road, Camp Hill, PA 17011 (215)653-7450 FAX: (215) 653-7454 May 18, 2004 File No. 03-10481 PLEASE RESPOND TO OUR FORT WASHINGTON OFFICE PHONE EX'f. 130 E-Mail Address: dionnew@lobafcot RE: Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. v. James B. Wright and Amy E. Wright Cumberland County Court of Common Pleas Docket No. 04-1717 civil term Dear Sir/Madam: Please find enclosed a true and correct copy of the Motion regazding the Civil Action in Mortgage Foreclosure which has been sent for filing with the Court on tlds date. THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~^ Bazbaza A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. NEW JERSEY OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 (856)596-5552 425 Commerce Drive Suite 100 Fort Washington, PA 19034 PITTSBURGH OFFICE 110 Atwood Street, PMB. 680 Pittsburgh, PA 15213 (412)361-8286 Barbara A. Fein, Esquire Kristen 1. DiPaolo, Esquire Members ofPennsylvanin and New Jersey Bars (215)653-7450 FAX: (215) 653-7454 May 18, 2004 James B. Wright 1302 Cazlisle Road, Camp Hill, PA 17011 Amy E. Wright 1302 Cazlisle Road, Camp Hill, PA 17011 File No. 03-10481 PLEASE RESPOND TO OUR FORT WASHINGTON OFFICE PHONE EXT. 130 E-Mail Address: dionnew@lobaf.col RE: Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. v. James B. Aright and Amy E. Wright Cumberland County Court of Common Pleas Docket No. 04-1717 civil term Deaz Sir/Madam: Please find enclosed a true and correct copy of the Motion regarding the Civil Action in Mortgage Foreclosure which has been sent for filing with the Court on this date. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~ZJZ<< ~- C ~ t Barbara A. Fein, Esquire Attorney for Plaintiff ~~ ~, _ T r_ (J 1-. -,:, .. t ~ .,~ ~,l cap '~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. MAY 2 p 2004 03-10451 oooaos»za COURT O:F COMMON PLEAS CUMBERLAND COUNTY NO.04-1717 civi] term t_ ORDER AND NOW, this ~ day of Plaintiffs Motion and the Affidavit of ood F th vestigation ttaohed hereton i dis hereby ORDERED that service of the Complaint in Mortgage Foreclosut•e, Notice of Sheriffs Sa]e and all other pleadings which require personal service on Defendants James B. Wright and Amy E. Wright shall be compete when Plaintiff has mailed the pleading to be served by certified mail and regular mail to: James B. Wright 1302 Carlisle Road, Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road, Camp Hill, PA 17011 and the Cumberland County Sheriffs Department has posted a copy of the pleading to be served on the most public part of the property located at 1302 Cazlisle Road, Township of Lower Allen, Cumberland County, which is the subject property upon which this mortgage foreclosure action is predicated. ~~ T: f~ .oa ~~ o . J. ~ a _ y-- ~:, ~, ~° ~ '.J ~' ~''' ~•; CJ ~~-", U THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT Defendants. File No. 03-!0481 Goan No. 0004051728 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 civil term PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the above captioned Complaint in Mortgage Foreclosure. THE LAW OFFICES OF :BARBARA A. FEIN, P.C. BY: I'l'l n Yn ~ o Y_ . Bazbaza A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No._i3002 May 28, 2004 L7 ~ C; c~ r ~~'i~J C_ -1 - r _cc7 r=" ~-l.. _ Q ` - .I -._ - ~_ %CE.~ "~ x- ~ .. O SHERIFF'S RETURN - REGULAR CASE NO: 2004-01717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WRIGHT JAMES B the DEFENDANT at 1400:00 HOURS, on the 3rd day of June 2004 at 1302 CARLISLE ROAD CAMP HILL, PA 17011 by handing to POSTED PROPERTY AT 1302 CARLISLE ROAD CAMP HILL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .oo 45.04 Sworn and Subscribed to before me this ,1 y ~ day of ~2O~v`/ A.D. / Cl. ~~i. ; ~~ P othonotary So Answers: R. Thomas Kline 06/04/2004 BARBARA FEIN By: f~Depu Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMAN CAPITAL VS WRIGHT JAMES B ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WRIGHT AMY E the DEFENDANT at 1400:00 HOURS, on the 3rd day of June 2004 at 1302 CARLISLE ROAD CAMP HILL, PA 17011 by handing to PSOTED PROPERTY AT 1302 CARLISLE ROAD CAMP HILL 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 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscribed to before me this a7 `P ~ day of ~y~. l.4 ~~P.~. ~~ Prothonotary ~ So Answers: r / i ,~ •. ;;~ ~~ ~ ~ R. Thomas Kline 06/04/2004 BARBARA FEIN By : -~ Depu eriff THE LAW OFFICES OF BARBARA A. FEIN, P.C. B azbaza A. Fern, Esquire / LD. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215)653-7450 Attorney for Plaintiff LEHMAN CAPITA],, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term AFFIDAVIT OF SERVICE 03-1048] ooo4osnza I, Katrina Booker, Paralegal to Bazbaza A. Fein, Esquire, Attorney for the Plaintiff, LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Ino, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the Complaint ofMortgage Foreclosure by regular and certified mail, postage pre-paid, pursuant to the attached Court Order and having mailed same on June 2, 2004 to James B. Wright Amy B. Wri€;ht 1302 Cazlisle Road 1302 Carlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 THE LAW OFFICES OF BE ARA A. FEIN, P.C. BY: K ina Booker, Pazalegal to Bazbaza A. Fein, Esgrure Sworn to before me this Attorney for Plaintiff 7th day of Julv , 2004. C,Q~.(~1., NOTARIAL SEAL Otazy Publlc JOAN BERNSTEIN, Notary Public I Upper Dublin Twp., Montgomery CounlyJ My Commission Expires December 26, 2(p5 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbaza A. Fein, Esquire / LD. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. os-i oaa ~ 0004051728 COURT OF COMMON PLEAS CUMBERLAiVD COUNTY NO. 04-1717 cavil term ORDER AND NOW, this ~ day of _, 2004, upon consideration of Plaintiffs Motion and the Affidavit of Good Fai vestigation attached hereto, it is hereby ORDERED that service ofthe Complaint in Mortgage Foreclosure, Notice of Sheriffs Sale and all other pleadings which require personal service on Defendants James B. Wright and Amy E. Wright shall be complete when Plaintiff has mailed the pleading to be served by certified mail and regular mail to: James B. Wright 1302 Cazlisle Road, Camp Hill, PA 17(111 Amy E. Wright 1302 Carlisle Road, Camp Hill, PA 17011 and the Cumberland County Sheriffs Department has posted a copy ofthe pleading to be served on the most public part of the property located at 1302 Carlisle Road, Township of Lower Allen, Cumberland County, which is the subject property upon which this mortgage foreclosure action is predicated. BY THE C URT: ~s P.J. •. •. 0' • S 07~~ u e A l:"~~a 'I 4 m ~ Postage rr $ ~,/ ' . ~ CartKed Fee 3 U ~ O Return Reciept Fee Pos~nark (Entlorsement Requiretl) - 7p ~, Here ~ ra Restdnetl Delivery Fee (Entloreemem Required) pQ l -,\\V ) S ~ Total Postage & Feea ,$ '~=L~,~~ nJ " v .,. . Senr e y n ~ --- -- ~~ai ~civo ~302-Cazlisi>rftax8 ----- ---- - -- --- --- --- - e,POBex NC. cnr, sieia, zr~«Ce~P-~I~IhPR---1-'i0.1-1----- i --------------------------- U.S. POSTAL SERVICE CERTIFICATE OF MAILII ,..v oc i wcn FnR nnMFSTIC ANO IN7 ERNATIONAL MAIL, GOES NOT Rewis$d~bm:~a ... Cl:ll't P,l. ! i., e BARBARA A. Clia ~ <M7Ga~1717 ~1U M1 r~ e• e 0-' ra m ~ ~~ S rr'I Postage $ '~ O Certified Fee ~ ~ ReWm Fledept Fee (Endorsement Requiretl) i O Resincted Delivery Fee r9 (Endoreemem Requaed) S f1J Total Poetsige 8 Fees ru n€ e o James B. Wri M1 ~srieei Pn ~.,nT WASHiNUtWt•. ", .. Ona pace of oNinery mail atltlressetl ro: ~~. ~~ AmvrF W~ht 1302 Cazlicle Rnad Camp Hill PA 17011 Vfix be here n stamps Ymblet poslagead~; rosl melnquhe ef:. ))o~~slma Mr token€i `4`e' 'l:1 -~ , . PS Fortn 3817, January 2001 ~- ~ ~~~~ ~ ~~, k 33 U .C~~ osMa ~. ~~, -.~ Here ,. i• It ---- - Oad, 17011 U.S. POSTAL SERVICE CERTIFICATE OF MIAILING MAV BE USED Fgglq-1a5 AC{N~~LIA~IL, DOE:i NOT PROVIDE FOR IN Received Frol~i A1~DA1\A A. ['lill 'F'• ~ ..\ a75 €'()MMF.RCE URIV ,~U1TE 100 W SHINGTO ,~l'A 1903Q ~'. one paw of aMwy mw etldraewe a: James B. Wright 1302 Carlisle Road Camp Hill, PA 17011 ~. Aifi;t fee bare in stamps MaMr yoirage qqg'.. pas[ milk. Ingajr! Pasim{ter for eyReM + i' ~, --. ~ ._. I i PS Fonn 3817, January 2001 ' ' - c."> N s'a C ~_ -rt 7 `. - _ ~~r _ ~ m roY .... C l J-.!-' (7 it _ .. ~yt cx~ LEHMAN CAPITAL, A Division of Lehman Brothers Holdings Inc., By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1717 C:[VIL TERM ENTRY OF APPEARANCE Kindly enter the appeazance of Rhoads & Sinon LLP, Dean F. Pierrnattei and Heather Z. Kelly as counsel for Defendants, James B. Wright and Amy E. Wright in the above- captioned matter. BROADS & SINON LLP By: ~~~ Dean F. PiermatCei :/ Heather Z. Kelly P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Defendants Date: July 12, 2004 CERTIFICATE OF SERVICE I hereby certify that on this 12`h day of July, 2004, a true and correct copy of the foregoing was served by means of United States Postal Service, postage prepaid, addressed as follows: Barbara A. Fein, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 V C ~~,. ~~~ ~ Teresa L. Paulhamus ~1 N L_ c~ r ^i 1=' . ~ (~' :'. _-'. N ~~.... _-/ ~ u~ ~`1.. .J cn a ~_J -~ ~~ Ci~~'= '7 (a ~: 1 U { ~~ 7i ~CTI :~ LEHMAN CAPITAL, A Division of Lehman Brothers Holdings Inc., By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1717 CIVIL TERM DEFENDANTS' ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COME Defendants, James B. Wright and Amy E. Wright, by and through their attorneys, Rhoads & Sinon LLP and Answers Plairdiff's Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Admitted. By way of ftu-ther response, neither James B. Wright or Amy E. Wright is deceased. 3. The factual averments contained in paragraph 3 are admitted. The remainder of paragraph 3 is a conclusion of law to which no response is needed. 4. The factual averments contained in Pazagraph 4 aze admitted. The remainder of Pazagraph 4 is denied as a conclusion of law to which no response is needed. By way of further response, Defendants stopped living in the mortgaged residence for a period of time in 2003 and were unable to make payments due to medical problems experienced by James Wright. Immediately after Defendants moved back into the home, a carbon monoxide leak caused the death of their 12 year old daughter in the mortgaged residence. Since the death of their daughter, the Defendants have been unable to live in the residence while testing is being performed on the gas appliances and the faulty appliances are being replaced. 5. Paragraph 5 is a conclusion of law to which no response is needed. 6. Admitted that Plaintiff seeks the cited amounts. 7. Paragraph 7 is a conclusion of law to which no response is needed. 8. The factual avennents contained in paragraph 8 are admitted. The remaining averments are conclusions of law to which no response is needed. 9. The factual averments contained in paragraph 9 sue admitted. The remaining averments are conclusions of law to which no response is needed. WHEREFORE, Defendants respectfully request that this Honorable Court deny Plaintiff s request for entry of judgment and foreclosure. BROADS & SINON LLP Dean F. Piel~niattei ~) Heather Z. Kelly P.O. Box 1146 Harrisburg, PA 1 71 08-1 1 46 (717)2:33-5731 Attorneys for Defendants Date: July 12, 2004 CERTIFICATE OF SERVICE I hereby certify that on this 12"' day of July, 2004, a true and correct copy of the foregoing was served by means of United States Postal Service, postage prepaid, addressed as follows: Barbara A. Fein, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 ~~~ Teresa L. Paulhamus C`J r N C~ Cn [? ' . 1 Y _ ~ - ~-. rrr~ ~i5.-. -- _,..J ~, -tr'7 ~~ ~} ~. ,ca _ _*, ? ~n `.' G THE LAW OFFICES OF BARBARA A. FEIN, p,C, Barbara A. Fein, Esquire / ID No. 53002 Kristen D. Little, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0. 04-1717 Civil Term CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct co~>y of the Motion for Summary Judgment, together with the supporting Memorandum of Law and proposed form of Order by regular mail, postage pre-paid, having mailed same on this date, September 30, 2004, to: Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 12t" Floor P.O. Box 1146 Harrisburg, PA 17108-1146 THE LAW OFFICES OF BARBARA A. FEIN, p,C BY: Barbara A. Fein,. Es wire Attorney for Plain iff C N [: i ~'r~. t'"2 ~ ~ ~ ~ ~': y W ~Da ~~ c:°;: J nt ;:~ ~ --w ::~ GPl O -< PRAECIPE FOR LISTING CASE FOF: ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, vs. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant(s). No. 04-1717 Civil Term 2004 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment in the above entitled Mortgage Foreclosure 2. Identify counsel who will argue case: (a) For Plaintiff: Barbara A. Fein, Esquire / .Attorney ID No. 53002 Address: The Law Offices of Barbara A. Fein, P.C., 425 Commerce Drive, Suite 100, Fort Washington, PA 19034 (215)653-7450 (b) For Defendant: Dean F. Piermattei, Esquire /Attorney ID No. 53847 Address: Rhoads & Sinon, LLP One South Market Square, 12th Floor, P.O. Box 1146 Harrisburg, PA 1 71 08-1 1 46 (717)233-5731 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 10, 2004 Dated: September 27, 2004 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. '>3002 C_ N O ~ Il c.~ m -~p ' , c ~ " - '-?i ?~7 ~ r ~ t4~ ~ J ~n :~ cn -+ n . c~ -<: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, A Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term AFFIDAVIT OF DAN SHIMMIN, VICI~ PRESIDENT, FOR SELECT PORTFOLIO SERVICING, INC., SUCCESSOR IN INTEREST TO FAIRBANKS CAPITAL CORPORATION, LOAN SERVICING AGENT FOR PLAINTIFF, IN SUPPORT OF THE ACCOMPANYING MOTION FOR SUMMARY JUDGMENT STATE OF UTAH COUNTY OF SALT LAKE s.s.: I, Dan Shimmin, being duly sworn according to law, deposes and says that: 1. For more than (5) five years, the Affiant has been associated with Select Portfolio Servicing, Inc., successor in interest to Fairbanks Capital Corp., and has held the position of Vice President. Select Portfolio Servicing, Inc., successor in interest to, Fairbanks Capital Corp., is the servicing agent for the Plaintiff herein named. The Affiant has personal knowledge of the facts set forth in this Affidavit. 2. On November 5, 2002, the Defendants entered into a Note in the principal amount of One Hundred Four Thousand, One Hundred and 00/100 ($104,100.00) Dollars. 3. Also on November 5, 2002, the Defendants entered into a Mortgage in favor of People's Choice Home Loan, Inc. which secures the indebtedness of the Note. The Mortgage is recorded in the Cumberland County Recorder of Deeds' Office on November 13, 2002, at Book 1782, Page 604. 4. The real property subject to the Mortgage is located at 1302 Carlisle Road, Township of Lower A:11en, Cumberland County, Pennsylvania. 5. Subsequent to the execution of the subject Note and Mortgage, People's Choice Home Loan, Inc,. assigned all of its interest in the foregoing property and documents, which interest is now legally belongs to Plaintiff. The Assignment was duly recorded as noted at Paragraph 3(e) of Plaintiff's Complaint in Mortgage Foreclosure, and is a matter of public record. 6. The Defendants failed to ma}:e the monthly mortgage payment due on February 1, 2003, pursuant to the Note and Mortgage and thereafter has failed to make any payment on this obligation. 7. Plaintiff Mortgagee sent pre-foreclosure breach notices of default to the Defendants in accordance with Pennsylvania statutes and consistent with the terms set forth in the Note and Mortgage themselves. The notices advised the Defendants that they were (a) in default of their obligation pursuant to the agreements by reason of their failure to make monthly payments due from February 1, 2003; (b) that Plaintiff Mortgagee was exercising its rights to accelerate the indebtedness evidenced by the above-described documents; and (c) Plaintiff Mortgagee demanded immediate payment thereof. 8. As of September 30, 2004, the amount due to Plaintiff pursuant to the aforementioned documents is $136,710.86. An itemization of the sums now due and owir..g is appended hereto as Exhibit "A" 9. The per diem interest rate is $26.94 for each day the obligation remains unpaid after September 30, 2004, through date judgment is entered. 10. Pursuant to the Mortgage, Plaintiff is entitled to recover its reasonable attorneys' fees and costs in collection and enforcement of the Note and Mortgage. 11. The Affiant has reviewed the account's payment history and, to the best of the Affiant's knowledge and belief, it is accurate and correct. 12. Despite demand, Defendants have not paid the amount due oh the mortgage. NAME: ~~L~ TITLE: JttE QlLssrp6r~'r COMPANY: Select Portfolio Servicing, Inc., Successor in Interest to Fa~_rbanks Capital Corporation Sworn to and subscribed before me this -~~~ `?i~~ day of~V ~!1 __, 2004. ~~~7 ~,~~--- NOTARY PUBLIC ~~- { E ~~ ~ ffi t :rnnh Wu 1 Tmrn Pie CAF p {~ ~ ~ '-a14 ...ike (,rtY V{flh C,4t 95 1 r4S 1 L , K p '` ~plTlrnl 01 L%PI ^ 4 ~-~,p...! ./ ~3ptemGrfr 4~: .DO6 Loan No. 0004051728 EXHIBIT "A" ITEMIZATION OF AMOUNTS DUE AND OWING ON DELINQUENT MORTGAGE ACCOUNT OF JAMES B. WRIGHT and AMY' E. WRIGHT Principal Balance on Mortgage $104,048.69 Interest at 9.49% Per diem rate of $26.94 from January 1, 2003 through November 10, 2004 $18,248.74 Late Charges $349.84 Escrow Overdraft $1,424.99 Property Inspections $60.50 Additional Costs/Expenses $1,873.23 Court Costs (as stated in Complaint) $300.00 Attorneys' fees in accordance with Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa.Super. 155, 160, 173 A.2d 703, 706 (1969) $10,404.87 TOTAL AMOUNT DUE AND OWING TO PLAINTIFF MORTGAGEE THROUGH NOVEMBER 10, 2004 5136,710.86 EXHIBIT "A" Additional Costs/Expenses Broker price opinions $190.00 Demand assessments $9.85 Foreclosure fees/costs already advanced $593.00 Bankruptcy fees/costs $950.00 Interest on advances $130.38 $1,873.23 SELECT PORTFOLIO SERVICING INC 3815 SOUTH WEST TEMPLE PO BOX 65250 SALT LAKE CITY, UTAH 64165-0250 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 07/29/04 REQ BY BLF PAGE 1 JAMES WRIGHT THIS IS YOUR ACCOUNT ACTIVITY STATEMENT. IF YOU AMY WRIGHT HAVE ANY QUESTIONS, PLEASE CONTACT THE CUSTOMER 1302 CARLISLE ROAD SERVICE DEPARTMEN'P AT 1-800-258-8602. CAMP HILL PA 17011 LOAN NUMBER: 0004051728 -------------------------- CURRENT ACCOUNT INFORIKATION ------------------------ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 02-O1-03 874.57 874.57 9.49000 104,048.69 1,424.99- ACTIVITY FOR PERIOD 02/01/03 - 07/29/04 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 07-27-04 00-00 631 PROPERTY PRESERVATION 9.60 0.00 0.00 0.00^ OS-20-04 00-00 631 PROPERTY PRESERVATION 11.35 0.00 0.00 0.00 OS-03-04 02-03 161 ESCROW ADVANCE 1,414.99 0.00 0.00 1414.99 OS-03-04 OS-04 320 DELQNT TAX DISB 1,414.99- 0.00 0.00 1414.99- 1424.99- NEW PRINCIPAL/ESCROW BALANCES SELECT PORTFOLIO SERVICING INC 3815 SOUTH WEST TEMPLE PO BOX 65250 SALT LAKE CITY, UTAH 84165-0250 REQ BY BLF CUSTOMER ACCOONT ACTIVITY STATEMENT JAMES WRIGHT LOAN NUMBER: 0004051728 ACTIVITY FOR PERIOD PROCESS DUE TRANSACTION DATE DATE CODE ----------------- - TRANSACTION PRIN. PAID/ AMOUNT BALANCE INTEREST ------------------------------------ 04-19-09 02-03 161 ESCROW ADVANCE 02/01/03 - 07/29/04 TRANSACTION DESCRIPTION DATE 07/29/04 PAGE 2 EFFECTIVE DATE OF TRANSACTION ESCROW PAID/ ------------OTHER------------- BALANCE AMOUNT CODE/DESCRIPTION 10.00 0.00 0.00 10.00 04-19-04 00-00 301 MISCELLANEOUS ESCROW DISBURSEMENT 10.00- 0.00 0.00 10.00- 10.00- NEW PRINCIPAL/ESCROW BALANCES 04-16-04 00-00 631 PROPERTY PRESERVATION 13.85 0.00 0.00 0.00 04-13-04 00-00 631 PROPERTY PRESERVATION 85.00 0.00 0.00 0.00 03-16-04 00-00 632 STATUTORY EXPENSES 150.00 0.00 0.00 0.00 03-16-04 00-00 630 ATTORNEY ADVANCES^ 300.00 0.00 0.00 0.00 02-12-04 00-00 630 ATTORNEY ADVANCES 350.00 0.00 0.00 0.00 11-17-03 00-00 630 ATTORNEY ADVANCES 150.00 0.00 0.00 0.00 11-07-03 00-00 632 STATUTORY EXPENSES 350.00 0.00 0.00 0.00 11-07-03 00-00 630 ATTORNEY ADVANCES 243.00 0.00 0.00 0.00 SELECT PORTFOLIO SERVICING INC 3815 SOUTH WEST TEMPLE PO BOX 65250 SALT LAKE CITY, UTAH 89165-0250 REQ BY BLF CUSTOMER ACCOUNT ACTIVITY S'~TATEMENT JAMES WRIGHT LOAN NUMBER: 0004051728 DATE 07/29/04 PAGE 3 ACTIVITY FOR PERIOD 02/01/03 - 07/29/04 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ AMOUNT BALANCE INTEREST BALANCE 10-09-03 00-00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 0.00 09-22-03 00-00 631 PROPERTY PRESERVATION 11.35 0.00 0.00 0.00 09-16-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 OB-18-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 07-16-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 07-02-03 00-00 631 PROPERTY PRESERVATION 11.35 0.00 0.00 0.00 06-16-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 OS-16-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 04-16-03 02-03 152 LATE CHARGE ASSESSMENT^ 0.00 0.00 0.00 0.00 04-03-03 00-00 633 MISC. F/C AND B/R EXPENSES 9.85 0.00 0.00 0.00 03-26-03 00-00 631 PROPERTY PRESERVATION 12.60 0.00 0.00 0.00 ------------OTHER-------- - --- AMOUNT CODE/DESCRIPTION ------------------------------- 43.73-1 LATE CHARGE 43.73-1 LATE CHARGE 43.73-1 LATE CHARGE 43.73-1 LATE CHARGE 43.73-1 LATE CHARGE 43.73-1 LATE CHARGE SELECT PORTFOLIO SERVICING I]UC 3815 SOUTH WEST TEMPLE PO BOX 65250 SALT LAKE CITY, UTAH 84165-0250 CUSTOMER ACCOUNT ACTIVITY S'CATEMENT DATE 07/29/04 REQ BY BLF PAGE 4 JAMES WRIGHT LOAN NUMBER: 0004051728 ACTIVITY FOR PERIOD 02/01/03 - 07/29/04 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION --------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION -------------------------------------------------------------------------------- 03-25-03 00-00 631 PROPERTY PRESERVATION 105.00 0.00 0.00 0.00 03-17-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 43.73-1 LATE CHARGE 03-13-03 02-03 172 PAYMENT 300.00 0.00 0.00 0.00 300.00 UNAPPLIED FUNDS 02-18-03 02-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 43.73-1 LATE CHARGE 02-10-03 02-03 170 INT OR ESCROW ONLY PYMT 0.00 0.00 0.00 0.00 02-10-03 02-03 142 LOAN SETUP 0.00 109,048.69- 0.00 0.00^ 104,098.69 LSEW PRINCIPAL/ESCROW BALANCES ("~ N ca 0 _ C7 r ~ r -: '° ri7 T1 G ~ °' ' ~n o ar r~ i ; _ ~ c,~ >, _.{ ~ _..' cn ~; 'i[~ `zt v THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen D. Little, Esquire / ID No. 79992 925 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF' COMMON PLEAS CUMBERLP.ND COUNTY N0. 04-1717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. TO THE CLERK OF THE MOTION COURT: MOVING PARTY: LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By ar.d Through Its Loan Servicing Agent, Fairbanks Capital Corp., PLAINTIFF TYPE OF FILING: MOTION FOR SUMMARY JUDGMENT OTHER PARTIES: DEFENDANTS ABOVE CAPTIONED CASE STATUS: This case has not been assigned to an individual judge, nor has it appeared on any trial list. This is not an arbitration case. THE LAW OFFICES OF BARI3ARA A. FEIN, P.C. BY: ~ Barbara A. Fein, '~s ire Attorney for Plaintiff Dated: September 27, 2004 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSS.'LVANIA LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. N0. 04-1717 Civil Term O R D E R AND NOW, this day of 2004, upon consideration of Plaintiff's Motion for Summary Judgment and the Memorandum of Law submitted in support there=of, and any opposition which may have been filed to same, it is hereby ORDERED that Plaintiff's Motion for Summary Judgment is granted. Judgment in rem is hereby entered in favor of the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. and against the Defendants, James B. Wright and Amy E. Wright, in the amount of $136,710.86. Interest is to be added to this judgment in rem and will be calculated at the per diem rate of $26.94 for each day after November 10, 2004, through the date of judgment. BY THE COURT: J. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen D. Little, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF' COMMON PLEAS CUMBERLAND COUNTY N0. 04-1.717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. PLAINTIFF'S MOTION FOR SUMMARY' JUDGMENT Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., by and through its undersigned counsel, and pursuant to PA R.C.P. Rule 1035, as amended, hereby moves this Honorable Court for an Order entering in rem judgment in its favor and against the Defendants. In support of this Motion, Plaintiff submits the accompanying Memorandum of Law which is incorporated herein by reference. In addition, Plaintiff relies upon the pleadings filed of record in this matter which establish that there are no genuine issues of material fact with respect to (a) Defendants' obligations to Plaintiff pursuant to a Mortgage Note and Mortgage instrument; (b) Defendants' default in their obligations to make payments pursuant to the aforementioned documents; (c) the amount of the indebtedness of Defendants to Plaintiff pursuant to the aforementioned documents; and (d) that Plaintiff is entitled to judgment as a matte=r of law. This is a residential mortgage foreclosure action. On or about November 5, 2002, Plaintiff took a mortgage from the Defendants, James B. Wright and Amy E. Wright, to secure a loan of One Hundred Four Thousand, One Hundred and. 00/100 ($104,100.00) Dollars, evidenced by a Note of even date. On or about February 1, 2003, Defendants, James B. Wright and Amy E:. Wright defaulted on the obligation to maintain regular payments pursuant to the Note and Mortgage. Plaintiff elected to exercise its contractual right to accelerate the balance due on the loan and this action was instituted by the filing of the Complaint herein on April 20, 2004 (Exhibit "A"; Plaintiff's Complaint in Mortgage Foreclosure). The Defendants filed a contesting answer on July 12, 2004 (Exhibit "B"; Defendants' Answer). In order to better understand the Defendants' legal and factual contentions, Plaintiff propounded Discovery Requests for Production of Documents and Things, Admissions and Interrogatories on July 23, 2004. (Exhibit "C"; Plaintiff's Discovery Requests). Under Pennsylvania Civil Procedure Rule 4014, the Defendants must respond to Plaintiff's Requests for Admissions within thirty (30) days, or the statements set forth therein are=_ deemed admitted. The Defendants elected not to respond to the Plaintiff's Requests for Admissions. They have therefore admitted the existence of the Note and Mortgage and their obligations under same (Admissions 1 and 2); that the Note is secured by the Mortgage encumbering the real property (Admission 3); that they failed to make their mortgage payments commencing February 1, 2003, and that they have failed to make payments through the filing of this Motion for Summary Sudgment (Admission 4, 5(a) through (r), inclusive, and 6); and that the figures as set forth in Plaintiff's Verified Complaint are true and accurate (Admission 7). They further admit that ACT 6 of 1974, 41 P.S. §101, et seq., does not apply to the instant mortgage obligation (Admissions 8 and 9). The Wrights have admitted that they have not been escrowing monies towards reinstatement of the delinquent account (Admission 13). They admit that they were served with Notice in accordance with ACT 91, 35 P.S. §1840.401c, et seq., that they sought financial assistance through that Agency. Though approved for non-continuing financial assistance through the Agency, they failed to appear for their closing initially schedu:Led in September, 2003, thereafter rescheduled (Admissions 10 through 13, inclusive; Exhibit "D" appended hereto and incorporated herein by reference, selected and relevant materials obtained from the Defendants' the Pennsylvania Housing Finance Agency file under Subpoena Duces Tecum) Indeed, the Defendants Wright admit in a letter to the Agency, dated August 1, 2003, that they defaulted on their mortgage obligation due to "financial hardship" over months stemming from James Wright's "medical bills due to a series of ongoing tests", his "missing a lot of time off work" and their daughter's "mental health services" bills. Amy Wright admit:>, in her letter, that they were not residing at the Mortgaged Prerises for a "couple of weeks" because their "electric ha[d] been terminated". The Agency's file also contains the Defendant's admission that they defaulted on their mortgage effective February 1, 2003 The Wrights have admitted that they have further encumbered the Mortgaged Premises by virtue of a second mortgage upon which they have also defaulted (Admission 12). Although they plead in their Answer that the reason for the default on their mortgage obligation is integrally tied to the unfortunate and accidental death of their 12 year old daughter, that death took place in mid- December, 2003. Their default dates from February, 2003 (Admissions 14 and 15). While the death. of their daughter is both regrettable and tragic, it does not give' rise to a substantive defense to a Mortgage Foreclosure action. The Defendants have admitted that they :>ought protection of an Automatic Stay invoked under The United States Bankruptcy Code, 11 U.S.C. X362, under Case No. 1-03-06471, filed on October 31, 2003, in the United States Bankruptcy Court for 'Phe Middle District of Pennsylvania. Under that case, under penalty of perjury, this Plaintiff filed its Proof of Claim establishing sums due and owing to it. The Defendants did not object to those sums as provided for under Bankruptcy Rules and Federal Rules of Civil Procedure. They admit that they failed to meet their obligations under their Bankruptcy Plan and that the Court entered ari0rder permitting this Plaintiff to prosecute the instant Mortgage Foreclosure (Admissions 16 through 24, inclusive). They have admitted that their Bankruptcy case was dismissed under Trustee's Motion because they failed to provide the U.S. Trustee's of:Eice with their Federal Tax Returns (Admissions 25, 26 and 27). See also Plaintiff's Exhibit "E", collectively, pleadings i:rom the Defendants' Bankruptcy Case; and specifically: • Debtors' Schedules "A" and "D", where under the Wrights acknowledge under penalty of perjury that the Mortgaged Premises is encumbered by this P1+3intiff's mortgage, and that they then-owed in excess of $104,000.00 on that mortgage in default (Exhibit "E-7_"); Well-prior to their daughter's death, the Wrights had amassed much in the way of other debt, including, but not limited to unsecured priority claims in excess of $600.00, and nearly $20,000.00 in unsecured non-priority claims to assorted creditors; See Debtors' Schedules E and F (Exhibit "E-2"); • Signature pages evidencing that the Wrights understood they were submitting their pleadings, schedules, disclosures and financial statements under penalty of perjury subject to 18 U.S.C. §152 and §3571 (Exhibit "E- 3"); • The Proof of Claim filed by this Plaintiff under the Wrights' Bankruptcy establishing that the default date was February 1, 2003, as well as the amounts of their then-arrearage and satisfaction obligation (Exhibit "E- 4"), • A copy of the PACER docket for the Wrights' Bankruptcy case evidencing that they did not object to the Plaintiff's Proof of Claim and that their case was dismissed as herein above stated (Exhibit "E-5"); and • The Order of Court entered by ~.'he Honorable Mary D. France, U.S. Bankruptcy Judge, granting this Plaintiff relief to file and prosecute its instant Mortgage Foreclosure action. WHEREFORE, Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests that its Motion for Summary Judgment be granted and that judgment in rem be entered in its favor and against Defendants, James B. Wright and Amy E. Wright, in the amount of $136,710.86, plus interest, at the per diem rate of $26.94 from November 10, 2004, through the date of judgment. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Es uire Attorney for Plaint ff VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. THE LAW OFFICES OF' BARBARA A..FEIN, P.C. BY: ~ ~.~~ Barbara A. Fein, Esq Attorney for Plainti f Dated: September 27, 2004 () N c-~ cr.~ 4.7 IT ~-i T S ~~~ R~ T ~ O J ~'~ . T'.~~ ;; ~ ` ~ t ' ~ .. ° ;%''~ T .~ ' `L7 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen D. Little, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant. COURT GF COMMON PLEAS CUMBERLAND COUNTY N0. 04-1717 Civil Term EXHIBITS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~ ~ Barbara A. Fein, Esqu re Attorney for the Plai tiff Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)63-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. File No. 03-10481 Loan No. 0004051728 COURT OF CONIMON PLEAS CUMBEF:LAND COUNTY/n~ / NO. O~~! - l~'~7 l~lvil..~-- - l CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE NOTICIA NOTICE YOU HAVE HEEN SUED BV COURT. ~ YOU WISH TO DEFEND AGAINST THE CLAIMS SEI FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITFIDV TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FII.BVG BV WRr17NG WTIH THE COURT YOUR DEFENSES OR OBSECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE W ARNED THAT ~ YOU FAIL 70 DO SO THE CASE MAY PROCEED WFPHOU7 YOU AND A IUDGMENT MAY HE ENTERED AGAINST YOU BY 7HE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAM OR RELIEF REQUESTED BY THE PLAINT~F. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ff YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 1NFORMA7ION ABOUT HIRING A LAWYER. ff YOU CANNOT AFFORD TO HIRE A LAWYER. 7HI5 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGll3LE PERSONS AT A REDUCED FEE OR NO FEE. LE HATI DEMANDADOA LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO A PARTIl2 DE LA FECHA DE LA DEMANDA Y LA N0ITFICAC[ON. LISTED DEBE PRESE7VTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGFtDO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OHJECIONES A LAS DEMANDAS ENCONTAA DE SU PERSONA. SEA AVLSADO QUE Si LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O NOTiFICACION O POR CUALQffiR QUEJA O ALMO QUE E:iPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDFR DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPOR.iANTES PAAA LISTED. LLEVE. ESTA DEMANDA A UN AHOGADO 1NMEDIATAIvffiNTE. 51 NO THINE ABOGADO O SI NO TffiNE EL DII.'ERO SUFICIliNTE PARR PAGAIt TAL SERVICIO. VAYA EN PERSONA O LLAhtE POR TELEFONO A LA CrHCINA CUYA DIRECCION SE ENCUEN7RA ESCRITA ABAJO pARA AVERIGUAR DONDE LISTED PUEDE CONSEGUHt ASISTENCIA LEGAL Cumberland County Court Administrator Cumberland Cowry Court Administtator 4th Floor 4th Floor - Cumberland County Court House Cumberland County Court House 1 Courthouse Square I Courthouse Square Carlisle, PA 17013 Carlisle. PA 17013 c . ~; ~?'., N'^t (717) 240-6200 (717) 240.6200 `~ i.." ~Aa . ~6~' . f '~" s "" ~r4..r . 6/ .. ..... _ .. a , •%'k rti/tro~ ., 't: ~A. € EXHIBIT is ^, {- THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. File No. 03-10481 Loan No.0004051728 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. o~ - r?t7 CIVII. ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE HEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SE7 FORTH IN THE FOLLOWBJG PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLABJT AND NOTICE ARE SERVED, BY ENTERWG A WRITTEN APPEARANCE PERSONALLY OA HY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBIECTIONS TO THE CLAIMS SE7 FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A IUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TFIIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT MRING A LAWYER. TF 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 Counry Court Administtator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 NOTICIA LE HAN DFiMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDEItSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTEiS, USTED TIENE (20) DIAS DE P1.AZ0 A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIflCACION. USTED DEBE PRESENTPdi UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCEDVAR EN LA CORTE SUS DEFENSAS O SllS OBJECIONES ALAS DEMANDAS ENCONTRA DE SU PERSONA.SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SA' PREVIO A`/ISO O NOTIFTCACION O POR CUALQIER QUEJA O ALMO QUE ESPE:DIDO EN LA PETIC[ON DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTAiJTES PARR USTED. LLEVE ES'CA DEMANDA A UN ABOGADO INMEDIATAMENTE. Sl NO TIENE AB(JGADO O SI NO TIENE EL DRJERO SUFICIENTE PARA PAGAR TAl SERVICIO, V AYA EN PERSONA O LLAME POR TELEFONO A LA OflCPJA CUYA DIRECC[ON SE ENCUENTRA ESCRITA ABAJO PARR AVE'.RIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 (717) 240-6200 NOTICE REQUIRED UNDER TH]E FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED;I AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint a~1d/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto aztd evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Nlortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification ofthe debt and a copy ofthe verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and ifthe Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAYBE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE (a) The Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State ofUtah and having its principal place ofbusiness at 338 South Warminster Road, Hatboro, PA 19040. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinaq~ course and scope ofbusiness 2. (a) Defendant James B. Wright is an individual whose last known address is 1302 Carlisle Road, Camp Hill, PA 17011. (b) Defendant Amy E. Wright is an individusd whose last known address is 1302 Carlisle Road, Camp Hill, PA 17011. (c) Defendant Jaznes B. Wright holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Amy E. Wright holds an interest in the subject property as both a Real Owner and Mortgagor. (e) IfeitheroftheabovenamedDefendantsazedeceased,thisactionshallproceed against the deceased Defendant's heirs, assigns, successors, admi:nistrators,persona1 representatives and/or executors through their estate whether the estate is probated. 3. (a) The residentialmortgagebeingforeclosed.uponissecuredbypropertylocated at 1302 Carlisle Road, within the Township of Lower Allen, Cumberland County, Pennsylvania 17011. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on November 5, 2002 and was recorded on November 13, 2002, in Mortgage Book 1782, at Page 604. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: People Choice Home Loan Assignee: Lehman Capital, a Division of Lehman Brothers Holdings Inc. Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herE:in by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $874.57 on February 1, 2003, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 9.49% calculated from the default date above stated through Apri130, 2004 Interest will continue to accrue at the per diem rate of $26.94 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note in accordance with the Mortgage Instrument (d) Recoverable Balance Allowed By the Loan Documents (e) Other Fees Allowed By the Loan Documents (f) Court Costs and fees as recoverable under the mortgage terms, estimated (g) Suspense Balance (h) Attorneys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage terms $104,048.69 13,076.64 349.84 1,792.00 404.40 300.00 <300.00> 5,202.43 TOTAL INREM JUDGMENT SOUGHT BY PLAINTIFF $124,874.00 7. (a) The attorneys' fees set forth as recoverable at Pazagraph 6(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arreazs are to be reinstatf;d or paid-off prior to the Sheriffs Sale, Plaintiffs actual attorneys' fees (calculated at counsel's hourly rate) will be chargedbased upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifry Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. § 101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by AC'T 91 of 1983 35 P.S. § 1840.401 C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Pvlortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (d) The Defendants filed a timely application for financial assistance with the Pennsylvania Housing Finance Agency, same having subsequently been denied and/or having been deemed ineligible by that Agency. (c) Appended heretoandincorporatedhereinlbyreferenceasExhibit"C"isacopy of the Denial Letter. WHEREFORE, the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $124,874.00, as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, TAE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: i~~~ Bazbaza A. Fein, Esquire Attomey for Plaintiff Attomey I.D. No.:i3002 DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eastwazdly along said line from the Northeast corner of Carlisle and Selwick Roads; thence Northwardly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwardly through a portion of L,ot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eastwardly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwardly along the Westerly line cif Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwardly along said line and ct•ossing a concrete sidewalk five (5) feet to a point; thence Westwazdly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence still in said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Pazcel #13-23-0545-361 ~IBIT $. ~Oct~2C~ 2003 4:4aPN P~.A•~,_ ABSTRACTING No~039"- P~ i/30 I~co f ~` i r ~:~~;"tDLR Or DEc:~~" ''::~RLAFlD COU!J'Y-: t, ~' j 13 ~,~ 1 ~ If a Prepared By: Pam Ingalls PLEASE REiLIRI~f TO: 7525 Irvino center nrive Suite 250, FIDELITY CLOSING SERVICE LLC izvina, CA 92616 325 WEST AARON DAVE, LOWER LEVEL Parcel Number: STATE COLLEC:E PA 168Q3 13-23-0545-361 (Space above Thb Llee Fvr Recordtag nata)- MORTGAGE DEFLNTTIONS Words used in multiple sections of this docmncnt are defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certaaz roles regarding the usage of words used in this documeat are also provided in Section 16. (A) '5ecurlty Instrument" mcaus this docmnent, w}7iGh js datedNovemh~ar 5, 3002 together with all Ridcts to tlila documeat (B) " ~TrONer" 1g JAMSS B. 1PlLIGBT Ab7D AMY L. BRIGHT, BTjtiHAHIJ At7D 9PIF8 Borrower is the mortgagor under this Security Instrument (C)'T.ender"is People's Choice Aame Lean, Inc. Lender is s CORPORATION 20035987 PENNSYLVANIA -Single Family - Fannlo MaalFnddia Mac UNIFORM INSTRUMENT Form 3039 tl01 m Ppe 1 0l id IrAliab: VN PMGHTGAGE FORN3• (800),52 F1 1 „/ BK1782PGOoQ4 ? AIB1T g` ~L ~O~t•20. 2003 4~46PM K•A• ,4BSTRA~TING No•0394 P. 8/30 organized and existing under the laws of tvYomlxc Lender's address is 7535 IRVINE CsPTBR DR. 3QIT8 750, IStVINi;, CA 9]618 Leader is the mortgagee under this Security Instrument. (D)'Note" means the ptromissory non signori by Borrower and datcdNovombar 5 , aoo3 The Nou stasis that Boxrower owes Lender oxa NvNDRBD Pol)R TaovslwD otaa gONDRBD AND 00/100 (U.S. S 104,100.00 )plus interest, Borrower has rontised to Dollazs P pay this debt in regula, Periodic Payments and to pay the debt is full not later than I>ecotttbar 1, 2a3:z (E) ''Property" mesas the property that is drscnibed below under the hag "Transfer of Rig}tts in the Property." (I') "I.oan•' means the debt evidarced by the Note, plus interest, any prepayment cltm~ges and late charges due under the Note, and all sums due ands this Security Insttvmettt, plea imerest. (~ "Riders" arsons all Riders to this Security Instrument that ere executed by Hotrow~. The following Riders aze to be excarted by Aorrower [check box as applicable]: Adjustable Rate Rider ~ Condominium Rider Sexond Home Rider Balloon Rider ~ Plamted Unit Developmrnt Rider ~ 1-4 Family Rider ~ VA Rider ©Biweekly Payment Rider ~ Other(s) [specify] (Ii) "Applicable Law" means all conffolling applicable federal, state and local statues, regulations, ordinances and adtnitristrative rules and orders (that have the effect of law) as well es all applicable final, non•appcalable judicial opinions. m "Community Assodation Dttes, Fees, and Assessments" means all clues, fees, .asseasttteats and other charges that are imposed on Borrower or the Property by a candomdnitun association, homeowners asaocietion or similar orgaui~ttion. (~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instnmtent, which is initiated through ari electronic terminal, ulephottic instrument, watputcr, or magnetic tape so s9 to order, instruct, or suthotiu a fiuanctal institution to debit or credit an account Such term includes, but is not limited to, point-of=sale tazufets, automated teller machine ttaasactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IQ "Escrow Items" means those items that arc described in Section 3. (I,) "Miscellaneous Proceeds" means any eotnpensation, settlement, award of damages, ar proceeds paid by any third parry (other than insurance proceeds paid under the coverage; described in Section 5) for: (i) damage ro, or destruction of, the Property; (ii) condetnaatioa or other taking of all or any part of the Property; (iii) conveyance iu lieu of condemnation; or (iv) misrepresentations of, or ottilssions as to, the value and/or condition of the Property. (1SI) "Mortgage Insurance" means insurance protecting Lander against the mnpayment of, or default on, the Loan (N) 'Periodic Payment" means We regularly schcdulod amount due for (i} pri al and interest under the Note, plus (ii) any amounts under Seuion 3 of this Security InSffume[lc 10035987 ®-s(ra) roooepo~ IMliak ~ PapaZ o! 1B ~ Form 9a79 flat t~ 8K i 782P~060`.~ Oct 20~ 2003 d:~aPM Y.A•h~ ABSTRACTING Pio•0394 (O) "RESPA•' means the Real P,statc Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its itaplemcatiug regulation, Regulation X (7A C-F.R Ptut 3500), as they might be amended &nm time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Secnrity Instrutatent, "RESPA" refers to all requiremeau and restrictions that are imposed in regard to a "feflerally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (p) 'successor in Interest of Borrower" means any party that has tttlcen title to the Property, whether or not that party ltas assumed Botrocver's obligations under the Vote and/or this Secuziry lastrttmeat. TRANSFER OF RIGHTS IN TI-IE PROPERTY This Security Instrument secures ro Leader: (i} the repaymatt of the Loan, and all renewals, extensions and modificarions of rite Note; and (ii) the perforttlaztce of BorroweY s covdtants and agrtxments under this Security Instttmtent and the Notes For this Purpose, Borrower does hereby mortgage. grant and convey to Lender the following described property located in the CODD7TY [Type or Recotd;vg luriaeinion] Of Ctt~BRLAND ]Name of Recording loriadiction): 8E$' LEGAL DESCRIPTSON ATTACESD HERETO AAn atADE A PA]aT SER80F AS RX$IHIT 'A' which currently has the address of 1302 CARLISLE ROAD ('.AtSP SILL [Sneer] [o~ty]• Pennsylvania 17021 ai Code ('Propery Address"): [ p l TOGETHER WITH all the ia>ftrovernents now or hereafter erected on the property, and all easemenu, apputTerrances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Ltsnvrnent as the "Property." 10035987 (~ Pa0e3 of 18 ~ Form 3038 1/at P~ 9/30 BKI73~PGOfi06 •Oet•20. 2.003 4:46PM K.A.~,. ABS?RACTING No.0394 P. i0/3G BORROWER COVENANTS that Borrower is lawfully seised of dte estate hereby conveyed and haz the right to mortgage, grant and convey the Property and that the Property is unmcumhaed, accept for encumbrance of record. Borrower wat[ants and will defend generally tlae title ro the Aropeny against all claitiss and demands, subject to any mamthrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants will[ limited variations by jurisdiction to wnstitute a uniform security instrUramt covering real property UNIPOP.M wVvNAN:'S. Borrower and Leader covenam and agn;e as follcws: I. Payment of Prlneipal, Interest, Escrow items, Prepayment Charges, sad Late Charges. Borrower shall pay when due the principal of; and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower dull. also pay funds for Esaow Itetrta pursuant to Season 3. Payments due under the Note and this Security Instruateat shall be made in U.S. mrrarcy. However, if any check m other ittsmtrceat received by Lender .as paytnen[ under the Note or this Security Iastruntmt is returned to Larder unpaid, Linder may require that anY or all subsequart payments due under the Note sad this Security Instrument be made in otu or more of the following fornts, as selected by Lender: (a) cash; (b) money order; (c) certi$ed check, banl; check, treasards check or cashier's check, provided my stick check is drawn upon an institution whose deposits are insured by a federal agency, instrtt[tentality, or mtlry; or (d) Electronic Ptmds Transfer. Paytrimts are deemed received by Lender whin received at the location designated in the Note or at such outer location es may be designated by Lender in accordance with the notice provisions is Section 15. Lwdcr may return nay payment err partial payment if the payment or panda] payments are insufficiart to bring the Loan current. Lender may accept any payment or partial payasmt insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice [o its rights to refuse arch payment or partial payaxnts in the fiuure, but Lender is not obligated to apply such paymaru at the time such payments are accepted If rack Periodic Paymart is applied as of its scheduled dne dart, then Leader need not pay interest on ueapplied funds. Lender may hold such unapplied funds until harrower takes payment to bring the Loan ctmmt. 1f Borrowc does not do so within a reasonable period of time, Leader shall either apply such funds or return thart to Borrower. ff not applied earlier, such funds +vill be applied to the outstanding principal balauce nnder the Note iam~ediately prior to foreclosure. No offset or claim which Borrower might have .now or is the farms against Lrnder shall relieve Borrower 5•om making payments due under the Note and this Security Insttumart or performing the covenants and agreements secwed by this Security Instrument. 2. Application of Paymmta Or Proceeds. Except as otherwise Ilescribed in this Section 2, ail payments accepted and applied by Lender ahal] be applied in the fallowing order of prloriry: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Pttiodic Payment in the order in which it became due. Any remaining amounts shall be applied fast to late charges, sewnd to a~ other amounts due under this Security Instrument, and then to reduce the principal balance of the Nate. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any la[e charge due, the paymrnt may be applial to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender ;stay apply nay payment received from Borrower to the repayment of the Periodic Payments if, sad to the extent that, tech payment can be 10035987 Mllblp: ®~6(PA) tooaet.ar Ppa~ a is Form 3099 1101 ~~ BKI782;U17b07 O~i•20. 2003 ~4:46PM f;•A•h~ ABGTRACTING No.0394 F• 11/30 paid io full. To the extent that any excess exists aRer the payment is applied to the full payment of one or more Ptriodic Payments, such excess may be applied to any late charges due. Voluntary prepaymenu shall 6e applied first to any Prepayment charges and then as described in the Note. Arty application of paytttefus, insurance proceeds, or Miscclhmeous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the atuount, of the Periodic Payttteau. 3. 1tYtnds for Escrow Items. Borrower shall pay m Leads on the day Periodic Payments ate due undo the Notc, until the Note is paid in foil, a sum (the "Funds") to provide far paynum of amounts due for: (e) taxes end assessmtmts a~ offer i1eL^s which car. amain prieriry ow this Sceu::ty Iast: unctt as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premitums for arty and all insurance required by Leads under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payatcnf of Mortgage Inattraaa premiums in accordance with the provisions of Sxdou 10. These harts are called ^Hsaow Gretna." At origination or at any time during the term of the Loan, Lettda may require that t^ommunity Association Ihtes, Pees, and Assessments, iF any, be escrowed by Harrower, and such dues, fees and assessatents shall be as Escrow Clem Borrows shall promptly furnish to Lends ail notices of aatouats to be paid under this Suction, Borrows shall pay Lender dte Funds for Escrow Items unless Lends waives BorroweY a obligation to pay the Funds for any or al] Esaow Items. Lettder may waive Borrower's obligation to pay m Leader Frmds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Harrows stml] pay directly, when and where payable, the amounts due for any Escrow Iteau for which payment of Funds has been waived try Lends and, if Lender requires, stall furnish m Lander receipts evidencing such payment within such titre period as Lender may require. Borrower's obligation to make surlt payments end to provide receipts shall far all putpascs be deemed ro be a covenant and agteetttent comained in this Secwity ]nstttnnem, as the phrase "covenant and agreement" is used in Section 9. If Borrows is obligated to pay Escrow It~c dSredly, Pursuant to a waives, and Borrows fails m pay the amount due for an Escrow Inn, Lender tiny exaeise ifs rights tinder Section 9 and pay such amount and Borrows shell then be obligated under Section 9 to repay m Larder any such amount. Leads may revoke $e waive as [o any or all Htaxow Items at nay time by a notice given in accordance with Sacrist 15 and, upon such revocadoty Borrows shall pay to Lender all Funds, and in such amounts, drat are then required ands this Section 3. Lends tray, at nay time, collect and hold Funds in an amount (a) sufficient m permit Lender to apply the Funds at the tune specified ands kESPA, and {b) not to exceed the maximum amount a loader cart require under F.ESPA. Lendtr shall esfhnate the amount of Funds due on the basis of current data and teasanable estimates of expenditures of forme Escrow Items or otherwise in accordance with App3icable Law. The Funds shall be held in an instimtioa whose deposits are insured by a Federal agency, instrumentality, or aruty (including Lender, if Lends is an institution whose deposits are so insured) or in any Federal Ifome Loan Bank. Lender shall apply the Funds to pay the Hscrow Items no lots than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Hasow Items, unless Lender pays Borrows interest on the Funds and Applicable Law permits Lender to make such a charge- Unless an agreement is tnado in writing or Applicable Law requires iaterat to be paid on the Funds, Lender shall not be required to pay Borrows any interest or earnings on dte Funds. Borrower and Lender can agree itn writing, however, that interest 2DD35987 INlytl. ®~6(PAl mooet.oi vepesarie ~ Form 3039 1101 G' e~ ~ ~~a2PSnsas Uct~20. 2003 4:~6PP3 K.A•~,,. ABSTRACTING No•039d P. 12/30 shall be paid on the Funds. Linder shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA If there is a surplus of funds held in escrow, as defined under RESPA, Linder shall account to Borrower fox the excess funds in accordance with ItESPA. If there is a shortage of Funds held in escrow, es defined under RESPA, Linder shall notify Borrower as required by RESPA, and Sorrowex shall pay to Linder the amount necessary to make uP the shortage in accordance with RESPA, but in na more than 12 monthly payments. if there is a deficiency of Funds held in escrow, as defined under RfiSPA, Leader sball notify Borrower as required by RBSP."„ and Barrows: shat: pay to Lcncler the amount necessary to make np the deficiency is accordance with RESPA, but in no more than 12 monthly paymrnts, Upon payment in fall o£ all soma secured by this Serarrity instrument, Lender shall promptly refund to Borrower any Fwtds held by Linder. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, finds, and impositions attributable to the Propety which can certain priority over this Security iztstrummt, leasehold payments or ground renb on the Property, if any, and Commtanity Association Duos, Fees, and Assessments, if any. To the nRtnt that these items are Escrow Items, Borrows shalt pay them in the manner provided in Section 3. Borrower shall promptly discharge any lim which has priority over this Seetaity Instrument unless Borrower: (a) agrees is writing to dte psymcat of the obligation secured by the lirn is a nuamer acceptable to Leader, bat only so long as Borrower is performing such agreement; (b) contests the lien in good faith bY, or defends against enforc®eut of the lien in, Iega( proceedings w}tich in Lender's opinion operate to prwmt tltc enforcement of the lien while those prooeedings are pending, but only until such proceedings are concluded; or (c) secures Eom the holder of the lim as agreement satisfactory m Lender subordinating rite, lim to this Security Instinrtrent. ff Lender determines that any part of'the Property is snbject to a lieu which can attain priority over this Security Itastmmmt, Linder may give Elorrowct a notice identifying tha lies. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one ar more of the nations set forth above in this Section 4. Linder may require 8orrawer to pay cone-time charge for a red estate tax verification and/or reporting service used by Linder in coanedian with this Loan. S. Property Insurance, Borrower shall keep the it»proveznents now existing or hrnafte erected on the Property insured against loss by fire, hamrds included within the terns "extended coverage," and any other beards including, bu[ not limited to, earthquakes and floods, for which Lender requires insurance, TEtis insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Linder requires pursuant ro tine precedvag smtencas can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Linder may require Borrower to pay, in connection with this Loan, either; (a) a anatime charge for flood mnc derermination, certification and traetcing services; or (b) a one-kimtc charge for flood inns determination and cerification services and subsequent charges cash time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the paymrnt of any fees imposed by the Federal Emergency ivlanagemmt Agency in connection with the review of any flood zone de[eratisation resulting from an objection by Borrower. 10035987 ~nni~ ®6ipA)taooe/.ai erase o~~e ~~~ Porto 3038 1/81 BK i 782PG0609 C~t~2D• 2003 4:46PM K,A.h~ ABSTRACTiPlG No.0394 P. 13!30 If Borrower fails to maintain any of the coverages desarbed abo:.e, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any pariipdaz type or amount of coverage. 'Therefore, such coverage shall cover Lender, but aright or might not protect Harrower, Borrower's equity in the Property, or the convents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than wets previously In effect Borrower aclmowledg~ that the cost of the irtuaaaee coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Atri amounts disbursed by Lender under this Section S shall become additiotud debt of Borrows secured by this Security Iarsbvmart Tlxse amotmu shall bear ivuerest at the Note rate from the date of disbursement end shall be payable, with such interest, upon notice from Lender to Borrower requesting paymart. All in~,.,.,,~e policies requited by Lender and renewals of such policies shall be subject to Lender's. right to disapprove such policies, shall include a standard mortgage clatme, and shall aalne Lmdcr u mortgages artd/ot as an additiotud loss payee. Lender shall have the right. m hold the policies and renewal certificates, If Lender requires, Bortuwer shall promptly give to Lender ;sU receipts of paid ptemiutos and renewal notices. If Borrower obtains nary farm of ;na,~nce covcage, not odrenviae required by Leander, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall aarnc Leader as mortgagee and/or as an additional loss pays. In the event of loss, Borrower shall give prompt notice to the insm~aace carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender sad Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insuranlce was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feastble and Lender' s security is not lesaared. During such repair and restoration pericxl, Lender shall have the right ro hold such irtstaance proceeds until Lender has had as opportunity to inspect such Property to ensure the work has bear completed [o Leadels satisfaction, provided that such ittspanion shall be undertaken promptly. Lender tray disburse proceeds fm tbt repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless au agreement is made in writing or Applicable Law requires interest to be paid an such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Harrower shall not be paid out of the iasttrance proceeds and shall be rive sole abligatioa of Borrower. If the restoration or repair is not economically feasible or Lender's sauriry would be lessared, the insurance procads shall be appliod to the sums sawed by this Security Insntment, whether oc not then duo, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate azld settle any available ius~rrance claim and related matters. If Borrower does not respond within 30 days to a notice from Leader that the instnance carrier has offered to settle a claim, then Lender may negotiate sad settle the claim. The 30.day period will begin when the notice is given. In either event, or if Lender acquues Utc Property under Section 22 or otherwise, Borrower hereby aaaigas to Lando (a) Bon~owet's rights to any insurance proceeds in an amount not [o exceed the amounts unpaid under the Note or [iris Security Instrument, and (b) any other of Borrower's rights (offier that[ the right to any refund of unearned prenrituns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either ro repair or restore the Property or to pay amounu utrpaid under the Note ox this Stcurity Instrument, whether or not a due. 10035987 t INlaln. ®-a [PA) IOOOa}O1 P~8~1 d 18 ~~ Poem 3080 tint 0 BK V 782PG05 I 0 Oet~20~ 2003 4:46PM K•A.in~ ABSTRACTING No•0394 P• 14/30 6. Occupancy. Bnnows shall occupy, establish, and use the Property as Earrows's principal residence within 60 days after the exewtion of [his Security Instrmnsit and shall continue m occupy the Property as Borrower's principal residence for at least one year after the date of oc~rpancy, unless Lender otherwise agrees in writing, wAriclt consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Horrowd s crnrtral. 1. Prttservation, Maintenance sad Protecflon of the Property; Inspecdous. Borrower shall not destroy, damage or impair the Property, allow the Property m deteriorate or coatrait waste on rho Property. :+rbetbra' or not Borrower is residing in the Property, Borrows shatl maintain the Property in order to prevent the Property from detsiorataag or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair ar restoration is not economically feasible, Borrovrcr shall promptly repair the Property if damaged to avoid anther deterionttioa ar damage. If insurance ar condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing ar restoring the Property only if Lwlder has released proceeds for such purposes. Lends may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If We jnsunnce ar condamnatiaa proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Hoaows's obligation for the completion of such repair or restoration. Lender or its agent tray make reasonable woes upon and inslkctions of the Property. If it has xeasonable cause, Lwds may inspect the iuserior of the improvements on the Property. Lends shall give Borrows notice at the dtne of or prior m such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appllcatiam Borrows shall be in defaullt t~ during the Loan application process, Hot:nwer or any persons or entities ackiug at rite direction of Borrower or with Borrower's knowledge or consent gave materially false, rtrislcading, or inacearate infarnterion or statemems to Lender (or failed to provide Lender with material information) is comtection with the Loan. Material representations iacludc, brat are not limited m, representations concertdng Bonrower's occupancy of the Property as Borrower's priaapal residence. 9. Protection of Leader's Interest in the Property and Itlghta iJttder this Security Instrument. If (a) Borrower fails m psform the covwants and agreements contained in this Security Instrument, (b) these is a legal praceedirrg that might significantly affect Letrdac"s iataest is the Property and/or rights ands this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which Wray attain priority ova this Secarity Instnanent or to enforce laws or regulations), or (c) Borrows has abandoned the Property, then Lender may do and pay for whatevs is reasonable or appzoptiate to protect Leader" s interest in the Property sad rights undo this Security Instrument, including protecting and/or assessing rite value of the Property, and secrnitrg and/or rcpairmg dre Property. Lwdef s actions can include, but arc not limited m: (a) paying any sutras sec~ed by a ilea which has priority ova this Security Instrument (b) appearing in court; and (c) paying reasonable anorneys' fees m protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Prapaty to make repairs, change locks, replace or board rep doors and windows, drain watts from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or of£ Although Lender may take action under this Section 9, Lwder does not ve to do so and is not under any duty or obligation to des so. It is agreed that Lender incurs rio liability f not taking any or all actions authorized ands this Section 9. 1a0359a7 Inkidp: -6(PA}~oaoat.oi PwaB of ,a ~~ Form 9099 11D1 6K 1782FGOo ( 1 Oot~20~ 2003 4~46PM R.A~ ABSTRACTING No•0394 P. 16/30 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Secwiry Instrument. These aaroants shall bear irnerest at the Note rate from f}rc date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borsnwe acquires fee title to the Property, the leasehold and 19te fee title shall not merge unless Larder agrees to the merger iu writing. 10. Mortgage Insurance. If Lender rerprircd Mortgage Iasaance ens a condition of malong the Loan, Bor. ~:e: s~a'1 pay We p;erai:..W= regtY:ed to maintai*_ the Mortgage Insrrance in effect. If, for any reason, the Mortgage Insurance coverage required by Larder cranes to be available from the mortgage insurer thaz previously provided such insurance and Borrower was required to matte separately designated payments roward the premiums for Mortgage Insurance, Borrower shall pay tbe premiums rcquirod to obtain coverage substantially equivalent w fhc Mortgage Insurance previously in effeu, at a coat sabstantially equivalent to the cost to Borrower of the Mortgage I*+m+~++re previously in effect, ka~m an aitemate martgagc insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the s,:parstcly designated payments that were due when the insurance coverage ceased to be is e$'ect. Tender will accept, use and retain these payments ere a nos-refimdable loss reserve in hw of Mortgage lnsw,anee. Such toss reserve shall be nos-rcfitrtdable, notwithstanding the fact that dte Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings an such loss reserve. Lender can no laatger require loss reserve payments if Mortgage brsurance coverage (in the amowrt and fca the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Linder requires separately designated payarenks toward the premiums for Mortgage Insurance. If Lander required Mortgage Insurance as a conditicn of roal-ing the Loan and Borrower was regvu;ed to mare separately designated payments toward the premiums for Mortgage Insurance, Harrower shall pay the premiums zequired to rnavolain Mortgage hzsurmce in effect, or to provide anon-refundr3ble loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with say written agreemrnt between Borrower and Larder providing for such termination or anti] termination is required by Applicable Law. Nothing in this Section I O affects Bortowel s obligation to pay interest at the rate provided m the Note, Mortgage Insurance reimburses Linder (or any mtiry that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan es agreed. Borrowea; is not a party to the Mortgage Insurmce. Mortgage insurers evaluate their total risk on all such insurance in farce from time to time, and may arter into agreements with other parties that share or modify their risk, ca rcduee losses. These agreemarts are on turns arKl conditions that are satisfactory to the mortgage iasmcr and tbe otirer party {or parties) to these agreements. These agrcemens may require the mortgage insurer to make paynteats using any sowce of funds that the mortgage insurer may have available (which may include fiends obtained from Mortgage Insurance premiuts). As a result of these agreements, Lwde, any purchaser of the Nrn:e, anothe iasrrer, any reinsure, any other entity, or any affiliate of any of the foregoing, may receive (dliredly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreemart provides that an affiliate of Lends takes a share of the insurer's tisl; in exchange for a share of the premiums paid to rho insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agrownents will not affect the amounts that &orrower has agreed ro pay for Mortgage Insurance, or any other terms of the Loan. Such agreemelms wW not loerease the amount Borrower will owe for Mortgage Insurance, snd they wilt sot entitle Iiortnwer o any refund. 10035987 - MAU ®-6(PA) (aaae7.01 wcee d 16 Form 7aaa fiat s~ ~ ~gz~~ob i z O~~t•20~ 2003 4.41PM K•A•~.. ABSTRACTING Plo•0394 ~• 16/30 (b) Any such Agreements evill not affect the rights Borrower has - it any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1958 or any other Iaw. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated ;automatically, and/or to receive a refund of say Mortgage Insurance prerolums that were unearned at the time o£ such canceUatfon or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All iMiscellatteoue Proceeds are hereby assigned [o and shall be paid to Larder, rr We Pro^t..°~.~ is da-taged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Praperry, if the restoration or repair is economically feasible erect Linder' s security is not lessened During such repair and restoration period, Lender shall have the right to hold such Misccllaneons Proaxds wrtil Lender has had as opportunity [o inspect such Property to ensure the work has been CtRrtpleted to Lender's satisfaction, providal that such inspecrion shall be nndCrrakel3 promptly. Lender may pay for the repairs and restoreion in a single disbursement or in a series Of progress payments as the work is completed. Unless an went is made in writing or Applicable Law requires interess to be paid on such Miscellaneous Proceeds. Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoratioo or rcpsa is not econott[iceUy feasible or Lender's seauiry would be lessened, the Miscellaneous Proceeds shall be applied to the soma ~tecured by this Security hrt~tmtart, whether or not then due, with the excess, if any, paid to Sorrows. Such Miscellaneous Proceeds shall be applied in the order provided fur in Section 2. Ixt the even[ of a total taking, destntction, or loss in value Df tree Property, the Miscellaneous Proceeds shall be applied to the Burns secured by this Serenity Insttvanent, whctha or not then due, with the excess, if any, paid to Borrower. In the wart of a partial taking, destruction, or loss in value of ibis Pmpcrty in which the fair marker value of the Property immediately before the partial taking, destuction, or lass in value is equal to or greats than the amount of the sums secured by this Security Insmrtncot immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums serenod by this Security Instrument shall be reduced by the amotutr of the Miscellaaoous Proceeds multiplied by the following fraction: (a) the total amounr of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the lair marks[ value of the Property innttediatcly before the partial taking, destruction, or loss in value. An+t balance shall be paid to Borrower. In the went of a partial taking, desavetion, or loss in value of tree Property in which. the fair market value of the Property immediately before the partial taking, desttvcsion, or loss in veins is less than the amounc of the sums secured itnmediauly before the partial [eking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrutneat whether or not the sums are then tiro:. If the Property is abandoned by Borrows, or if, after notice by Leader to Borrows that the Opposing Party (as defined in the next sentence) offers to retake an award to settle a claim for damages, Borrower fails [o respond to Lender within 30 days offer the date the erotica is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to reswzatioa or repair o£ the Property or ro the sttnu secured by this Sectuiry Instrument, whether or not then due. "Opposing Parry" means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or critrtinal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section l9, by causing the action or proceeding to be 10035987 i~a ws biPAl cooaw.o i are. +o cn s Form 3039 1101 BK 1 782PGOo 1 3 Oet.20. 20u3 4:4'PM Y~•r,,,, ABSTRRCTIN~ No~039? p• 17/30 dismissed with a ailing that, in Lmdet's judgment, precludes forfeiture of the Property or other material impairment of Lroder's interest is die Property or rights under this Security Instrurneat. The proceeds of any award or claim for damages that are atfributable to ffie intpairmeat of Leader' s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoratlon ur repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension of the Lime for payment or modification of amorti~tion of the sums secured by this Saurity fnstttntterd granted by Leader to Borrower or any Suaessar ie lnteres! of Bvrrew~ 3ha11 act operate .w, release die liabdiry of Borrower or any Successors in L3terest of Borrower. Lender shall not be requiral to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrtuent by reason of arty dernwd raade.by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising airy right oz remedy including, without limitation, Leeds's acceptance of paymatts from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall net be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Sertral Liability; Co-siBaers; Sucepaors and Arraigns Bound, Borrower covptatns and agrees that Borrower's obligations and liability shall be joint cad several. However, any Borrower who co-sigts this Security Insn[tateni but does not exewtr the Note (a "eo•signer"): (a) is co-signing this Security Instnmtent only to mortgage, grant end oonvty tine co-signer's interest is fire Ptopary under the terms of this Security Inshnmeah (b) is not personally obligated to pay the stmts secured by this Security Irrstntment; and {e) agrees that Lender and any other Botrowa can al~ee to extend, moflify, forbeaz or make any accommodations with regard to the terms of this Security hsstrtmtertt or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Suceceaer in Interest of Borrower who assume Borrower's obligations tmda this Sectuity Iosnttment in writing, and i;t approved by Leader, shall. obtain all, of Borrower's rights and bwcfits raids this Security Iasntrmeat. Borrows shall not be released from Borrower's obligations and liability under this Security Ittstrum®t unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided is Secion 20) and benefit the successors and assigns ofL®ds. 14. Loan Charges. Lender may charge Borrower fees for services performed in connecrion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights trade this Security Iastrtmteat, includiug, but not limited to, aaorneys' fns, property inspection and va)uation fees. in regard to any odrs fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be cortstrucd as a prohr~ition on the charging crf such fee. Lender tray not charge foes that arc expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject [o a law which sets maxiattmr loan charges, and that law is finally ituapreted so that the interest or other loan charges collened or to be collected in eunnedion with the Loan arceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to raluee the chazge to the permitted limit; and (b) any sums already collected from Borrows which exceeded permitted limits will be refunded to Borrows. Lender may choose w make this refund by reducing the principal owed ands rite Note or by making a direct payment tv Borrower. I:f a refund reduces principal, the reduttion wi11 be treated as a partial prepayment without any prepayment chazge (wheths or not a prepayment charge is provided for under the Note). Borrower's axeptance of any such refund made by duce payment to Borrower will constitute a waivs of any right of action Borrower might Gave arising out of such ovscharge, 15. Noilces. All notices given by Borrower or Lender in connea:ion with this Security Instrument must be in writing, Any notice to BottOwc in cormection with this Security Instttnnent shall be deemed to 10035987 m~u.~: ®~B(PA) ryooa)Ai Pwa n of to qe~ Fomr 3039 1101 ~ r/r'J Ihh~~~tt771~YY/ BK 1 782PG06 14' Oct~20. 2-003 4:41PNI K.A., ABSTRACTING No•0394 P• 18/30 have been given to Borrower when mailed by first class mail or when auually delivered to Borrower's notice address if seat by other means. Notice to any oac Borrower shall constitute notice to all Florrowers unless Applicable Law expteaety requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Boaower shall promptly notify Lmdcr of Borrower's change of address. If Lender specifies a procedure for reporting liorrownr's change of address, thm Borrower shall only report a change of address through thaz speciSed procedure. There may be only one designated notice address under this Security Instrument az nay one time. Any notice to Lctda shall be given by delivering it or by smiling it by first class mail to Lender's address stated herein utiless Leader has desianazed anoffier adtlttss by notice to Borrower. Any notice rt connection with this Security Losaument shall not be deemed to have ben given to Lmder until actually received by Lmder. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requiretneut will satisfy fire cartcspondmg xetprirement under this Security Instrument. 16. Governing Law; Severabllity; Rsilee of Coasttvctlaa. This Secwity Instrument shall be govemrd by federal law and the law of the jtutsdicHon in which the F'ro}xrty is located All rights and obligations rnntained in tltis Security Iasirttmmt ate subjetY to any requiremeau and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow rho parties m agree by contract or it mtgbt be silent, but such silence shall not be construed as a ptnhtbition against agreement by conuact In the event that nay provision or clause of this Sexm-ity Instrmnmt or rite Note coaflica with Applicable Law, each conflict sha11 not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Iastwnmt (a) words of We masniliae: gender shall mean and include corresponding netuer wordy or words of the feminine gmder, (b) worcLs in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Novo and of this Savrity Instrument 18. Transfer of the Property or a BenaBdal Interest En Borrower. As used in this Section 18, "Inteaest in the Property" means any legal or beneficial inteaest in the Property, including, but not limited to, those bmeficial intacsts transferred in a bond for deed, contract for eked, instalhnent sales contract or escrow agrormeat, the intent of which is the transfer of rifle by Botrowu .at a future date w a purchaser. If all err atry part of the Property or any Interest in the Propccty is s<rld or transferred (or if Borrower is not a natural person and a beneficial imerest is Borrower is sold or nyarsferred) without bender's prior written consent, Lender may require immediaze paymmt in full of all sums secured by this Security Instrument. Fiowcver, this option aha1I not be exercised by Lrnder if' such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Bonnwer notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all turns secured by this Security IrpshwnenL If Borrower fails ro pay these sutrrs prior to the expiration of this period, Lender may invoke arty remedies petmittexi by this Security Instrument without further notlce or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration If Borrower meets certain conditions, Borrower shall have the right to have cnforcetnent of this Security Inantnnent discontinued at any time Prior to the earliest of: (a) five days before sale of the Property pursuant to arty power of sale contained is this Security htstrnmeat; (b) such other pciod as Applicable Law might specify far the terruittation of Botrowe~s right to rcinstak; or (c) entry of a jndgmmt enforcing this Security Instrument, Those conditions are that Bozrowrr~ (a) pays Lender all sums which thm would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other wvenants or 19035987 ® Papa 11 0l to Form 3x39 tf01 z aK ~ 7s2PCOS ~ s ' G~t~20~ ?00?. 4~41PM Y•A•, ABSTRACTING No~0394 P. 19/30 agreements; (c) pays all expenses insured in enforrang Ibis Security lnstxtunmt, including, btu not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees insured for the purpose of protecting Lender's interest in the Property and rights under this Security Iasatmtent; and (d) takes such action as Lender inay reasonably xequire to assort that Calder's interest in rho Property and tights under this Security htsauxneat, sad Borrower's obligation to pay the sums sesrred by this S«urity Inatmmrnt, shall coatirtue unchattged. Linder may require Shat Bortovn:r pay such reittstattnnent sums and mcpenses in one or mono of the following forms, as selected by Lender' (a) cash; (b) money order, (c) certified check, bank check treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deuosits are insured lty a federal agency, +~n+-~mreliry err enwty; o: (d) wwkanlc Funds Transfer. Upon reinstatement by Borrower, this Security Iasrumem and obligations secured hereby shat] remain fully effective as if no acceleration had ocetuted. However, this right to reinstate shalt sot apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Laaa Setvleer; Notice of Grievance. The Note or a partial in[ereat in the Note (together with this Security Instrument) can be sold one or rc~r+e times without prior notice to Borrower. A sale might result is a change in the entity (known as the "Loan Setvieer") that collects Periodic Payments due under the Note and this Security Instrument :md performs other mortgage loan servicing obUgadotss under the Note, this Seatriry Instrtatumt, and Applicable Law. There also might be one or more Changers of the Loan Servicer unrelated to a sale of the Nolx. If there is a change of the Loan Serviar, Borrower will be given written notice of the change which will] state the name and address of the new Loan Serviar, the address to which payments should be made and any other infot7nation RESPA requires in wanesion with a notice of transfer of servicing. If the Nome is sold and thereafter the Loan is serviced by a Lomt Servicer other than the purebaser of the Note, We mortgage loan servicing obligations to Borrows will remain with the Loan Servicer or be tmasfezred to a successor Loan Serviccr and are not assumed by the Note ptuchaser unless otberwix provided by the Note purchaser. Neither Borrower nor Under racy commence, joie, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the otlpac parry's actions pursuant to this Sesuiry Instrurnettt or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Insauraetrt, tmtil surer Borrower or Lender has notified the other party (with such notice given in conrpEance with the requirements of Section 15) of sucfi alleged breach and afforded the other party hereto a reasonable period a13et the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before ceztain action can be takeq that time period will be deemed to be rcasonahie for purposes of this paragraph. The notice of acceleraton and opportunity to cure given to Borrower pursuant to Section 22 and tfte notice of acceleration given to Borrows pursuant to Section 18 sbaU be deemed to satisfy the notice and opporhmity to take corrective action provisions of this Sesion 20. 2I. Hzztrdouc Substances. As used in this Section 21: (a) "Hazardous Substances" aze those substances defined as to~dc or harardovs substances, pollutants, or wastes by Environmrntal Law and the fallowing substances: gasoline, kerosene, ether flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaIldehyde, and radioactive materials; (b) "Environmental Law" rnearrs federal laws and laws of the jurisdittiori where the Property is located that relate to health, safety or environmental protecinn; (c) "Envirotmunud Cleanup" includes any response anion, remedial action, or removal asioq as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute ro, or ottimvise trigger an Eavironntrntal Cleanup. 10035987 Min. ®-61PA) ~atae>.a+ n.a~+r ~~+s Form 3039 1/01 ~~ 8H l 7~~PG06 16 ~Oct•20. 2003 4•;8PN1 K•A.~,~ ABSTRACTIPlG No•0394 P~ 20/30 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release a~ Hazardous Substances, oa or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Envirotttnmtal Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, oz storage on rite Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in wnsumer producu). Borrower shall promptly give Leader written notice of (a) any inegtigation, claim, demand, lawsuit or other action by nay governmenral or regnlatory agency or private party involving the Property and any Hazardous Substaare or Environmental Law of which Bouower has acme] know(cdge, (b) any Eavironatcntal Condition, including but net limited to, any spilling, ]eaildng, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presetx:e, use err release of a Hazardous Substance whidt adversely affects the valve of the Property. IF Borrower leatvs, or is notified by any govetvmmtal err regulatory authority, of any private party, that eery removal or other reutediatioa of ant Hazardous Substance affecting the Property is necessary, Borrower shall proatptiy take all necessary romedial actions in accordance with Environmental Law. Nothing ba;dn shall create any obligazion on Lender for m Enviroammtal Cleanup, NON-UNIFORM COVENANTS. Harrower sad Lender further covenant and agree as follows: 22. Accelrxatlon; Remedies. Larder shat! give notice to aorrower prior to acceleration following Sorrower~s breach of any rnvenant or agreement in this Secudity Instrument (but not pMor to acceleration under Seelloa I8 unless Applicable Law provides otherwise). Lender shall notify Borrower of, sarong other things: (a) the defaWt; (b) the action regWred to can the defaWt; (e) when the default must be cared; sad (d) that failure to care the de;FaWt as apecitied may result In acceleration of the sums secured by this Smurity Instrument, Yorecl',osarc by jttdicla[ proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after atcrleratioa and the right to assert is the foralwure proceedlrrg the nanttdatena of a default err any other de[ense oY Borrower to acceleration and foreclosure. Jf the default k not cared as specified, Lender at Its option may require Immediate payment in full of all same secured by this Secuttty Instrument without further detnaad and may foreclose this Sectttity Instrument by judidal proceeding. Linder shall be eatlded to rnllect all ezpenses Incurred in pursalpg the remedies provided in this Section 22, lncludia~ bat not limited to, sttorneyc' tees and costs of title evidence to the errant permitted by Applicable Law. 23. Release. Upon payttxnt of alI sums secured by this Security htstrttment, this Secraity Instrumem and the estate conveyed shall terruinate and biome void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation coats. Lrnder may charge Borrower a fee for releasing this Banally Instrument, but only if the fee is paid to a [bird party far services rendered and the charging of rho fee is permitted under Applicable Law. 24. Waivers. Harrower, to the extort permitted by Applicable Law, waives sad releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the bcne£tt of any present of future laws providing for stay of exemtion, extension of time, exemption from eaachmmt, levy and sale, sad homestead exemplion. 25. Reinstatement Period. Borrower's time m reinstacc provided. in Section 19 shall cxtrnd to one hour prior to the oornmencemene of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If arty of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Iastrurtrent shall be a purchase money mortgage. 27. Interest Rate Aftor Judgment. Borsower agrees that the interest raze payable after a jadgmmt is entered oa the Note or in an action of mortgage foreclosure shall be the rata payabl from time to time undo the Note. laoassa~ ~~~,~ ®.8 (PA) tVpptyOt Pepe a ei na ~ Form 1a9a 7101 ~- BK I ?82PG~6 1 7 Oct.?0~ 2003 4~48PM ~•A.~r~~ ABSTRAC?ING No~0394 P. 21/30 BX SIGNING BELOW, Boxrowez accepts and agees to the tents and covenants contained in this Security Iasttvmeat and in any Rider executed 6y Borrows and recordai with it. Witnesses: 50035987 1P,rt~•6(PA)faaoapor _ (Seal) -Borrower _ ~$Gal~ -Borrower _ (Seal) -Barrowv ~~) orrower s ~ i~ (~)) A7~Y L. IGHT Borxawar Papa 16 or r 6 (Seal) -Harrower _ (Seal -Bonn W¢r _ (Seal) •Sartowar Form 2029 vot BK R 782FGO6 1 8 Oot~20~ 2003 4~48PM K•A~~,,. ABSTRACTING CetYlfAcate of Residence No.0394 P. 22/30 I+ Il/`r'L1~ «c ~ 7 , two t~r~ r r/~ , do hereby certify that the correct address of the within-named Mortgagee is 7 525 TRVINB C8NT8R DR. SIITTS ] 50 , TxvzaB, G 9618 wiTness my haaa this s'rh aay 9f rt~o v e. w. b e-f Zo o Z . ~/~ Ageat of Mortaaaee COMMONWEALTH OF PENNSXJ.VANIA+, ~ "`'~'~J ~~'""~% County av: On this, the ~T~ day of ~D v ~..+-. b e,r, Zoo` > before mc, the undersigned officer, personally appasred ~u~r.~e.-5 ~ . W ~'+'.~ It `~ e'•••. C). rT~M.~ Z. tN~'~~k'r- ~~ known to me (or satisfactorily proven) to be the person(s) whoa name(s) is/are snbscnbed to the within instttttoent and acknowledged That he/sirr/thcy c+cecuted the same for the p»:poses httein contained. IN WPI'NESS WHEiLBOF, I hereunto 9~ my hand and nffcial seat. tvty Cotr3missioII E7[p1reS: Miaute~ae~Ano~ ~ YPUeuc STATECOLLEGE,ECO+PA $YAilII011E(ae90RR10 MY COMMi9S10H piPIRE8 MARCH 10. 2006 10035987 -a(PA) ~aaaa~.ai m wa. ie .i ie ~nsiw: Fonn 3988 1101 Bit 1 78zPGO6 ! 9 Oci•20. 2003 4:48Ph1 K•n•i~• ABSTRACTING EXAIBIT "A" LEGAL DESCRIPTION No•0394 °• 2330 ALL that certain lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Cazlisle Read, said point being located ninety (90) feet measured estwazdly along said line from the northeast comer of Carlisle and Selwick Roads; thence northwazdly along the easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence northeastwatdly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths {35.68) feet to a point at the southerly line of lands now or late of William N. Smith and wife; thence along said Smith lands eeswazdly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence southwatdly along the westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to a stake; thence southwazdly along said line and crossing a concrete sidewalk five (S) feet to a point; thence westwardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundtedths (48.91) feet to a point; thence still in said walls eleven and nine one-hundredtbs (11.09) feet to the place ofbeginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. BEING the same premises which became vested in the lVkortgagors herein by deed of Kristine I.. Polkinghorn dated November 5, 2002 and recorded contemporaneously herewith in the office of the Recorder of Deeds in and for Cwxtberland County. I Certify this t~~ be recorded Iiz Cutrlbet9and County i'A :~ -l , s Reorder of Deeds BK 1782PGO620 Oct~20~ X003 4:48PM K•A•ro~~ ABSTRACTI~JG No•0394 P• 2;/30 Loan Number 1003598) ADJUSTABLE RATE RIDER (LIBOR Slx-Month Iadex (As Published In The Wall Street Jovrnal}Rate Caps) THIS ADJUSTABLE RATE RIDER is made this Skh day o£ November, 2002 ,and is incorpozated into and shall be deemed to amend and suppleraeat the Mortgage, Deed of Trust, or Socunity Deed (rho "Security Instnweat") of the samo date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to PEOPLE'S CHOICE HOME LOAN, INC. a WYOMING CORPORATION ("Lender') of the same date and covering the propcRy described in the Security Instrument and located at 1302 CARLISLE ROAD, CAMP HILL, PENNSYLVANIA 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN TB~ IPITER,EST RATE AND THE MONTHLY PAYMENT. THE NOTE LINIITS THE AAfOUNT BORROWER'S BVTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE tlL-7QMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. Tn addition to the covenants sad agrcemeats made in the Security ineutrnreat, Bormwer and Lender further covenant and agree as follows.: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES T7te Notc provides for an inifaal interest rata of 9.490%. The Note provides for changes in the interest rate and the monthly paymw.ts, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Datm The interest rate T will pay may change on the 1 et day of December, 2004 sad on that day every 6 month(s) thereafter. Each date on which my intemst rate could change is called a "Change Date," (B) The Index Beginning with the first Change Date, my imemst rate will be based on an Index. The "Iadex' is the average of interbank offered rates for six maath U.S, dollar-deaontinated deposim in the London market ("LTBOlt'~, as published in The Wall Street Touraal, The most recent Index figure available as of the date 45 days before each Change Datc is called the "Current Index." If the Index is no longger available, the Note Holder will choose a new index that is based upon comparable information 1'he Noce Holder will give me nonce of this choice. (C) Calculation of Changes $cfore each Change Date, the Notc Holder w(ll calculate my new interest rate by adding six percentage points (6.000%)60 the Cturent Index. The Note Holder will then round the result of this addition to the vearsst one-eighth of one percentage point (0,125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate wrtil the next Change bate. The Note Holder will rhea dctcmdne the amount ofthe monthly paymem dtar would be sufficient to repay the unpaid prvrcipal that I am expected to owe at the Change Datc in full on the Maturity Date at my ,~~, o926,et P`gBKrl 7 8 2 PG 0 6 2 1 Initials: uet~20~ 2003 4~48P69 K•A~h~ ABSTRACTING No•0394 P~ 26/30 new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate l am required to pay ac die first Change Datc will not be greater titan 12.490 % or less than 9.490 %. Thereafter, my interest rate will nevez be increased or decreased on any single Change Dace by more than ono percentage points (1.000%) from the rate of interest l have been paying for the precedt'ng 6 months. My interest rate will never be greater than 15.490%. My interest rate will never be less than 9.490°/ . (E) Effective Date of Changes My new interest rate will become effective on each Change Date. f will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Dace until die amount of my monthly payment changes again. (F) Notice of Chances The Note Holder vdll deliver or mail to me a notice of any changes is my interest tale sad the acnoum of my monthly payment before the effective date of any change. The notice will include information zequired by law io be given to me and also the tide and telephone number of a person who wfil answez say question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL IlVTEEtEST IN HORROR'ER Uniform Covenant 18 of the Security Iaahument is amended to read as follows: Transfer otthe Property err a Beneficial Interest Borrower. As lased in this Section 18, "Interest in the Pxopert}~' amens any Icgal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bead for deed, emthact for deed, instillment sales contract or escrow agrecatcnt, the intent of which is the transfer of title by Borrower ac a future date to a purchaser. - Ifall or any parr of the property or any Interest in the property is sold or transfeaed (or if Borrower is nos a natural person and a beneficial mtsrest in Borrower is sold or trans feaed) without Lender's prior written consent, Lender may require itmnediate payment in full of all stuns secured by this Sauriry Inahvatent. However, this option shall not be exercised by Lender if such exercise is prohibimd by Applicable Law, Lender also shall not exercise this option if: (a) Bottovver causes W be submitted to Leader information required by Leader to evaluate die ittttnded transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detetmincs that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable m Lander. To the extenf pemtitmd by Applicable Law, Lender may chazge a noasomble fee as a condition to Lender's consent to the loan assumption. Lender also rosy require the tranafctee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreemrnts made in the Note and in this Security Instmmant Borrower will coatitmc to be obligated under the Nom and this Secutiry Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrows notice of acceleration. The notice shall provide a period of not less than 30 days from We date the notice is given is accordance with Section 15 wither which Borrower must pay all sums secttted by this Security Inatmment, If Borrower fails to pay these sums prior to the expiration of this period, Leatdez may itrvoke say remedies permitted by this Security Instrument without further notice or demand on Botmwer. rnear2 092b/el Poge 2 oP3 On i 7 ~a 2 f r LJ O~ /~+ Initials: Oot~?0~ 2003 4~•49PM K•A,i~, ABSTRACTING No•0394 F• 26/3C BY SIGNING BF_LOW, Borrower accepts and agrees to the terms and covenants contained in this AdjtuYSble Ratc Rider. (leap JAM S B. WRI -Borrower (Seal) -$orrower (Seal) -Borrower __=~~°..~.riv~'~' (seal) AMY L. W GhIT -' -Borrower (Seal) -Borrower {Seal) -Borrower mead 0986/01 Page 3 of 3 Bi(I 782f'G0623 ~"~'$~ ~~ fi0celved: l0/ 9/03 3:42PM; Oct-09-2993 93:32pm From- Housing Finance Agency Homeowners' Emergency Mortgage Assistance Loan Program Pm~menvs: ?/01 North Front Svee; P.O. Box IS?06 Hunixburg. PA 17105-5106 Con¢.mnndenre: 1J01 Nonh Fronr Srreet. P.O. Box ti530 Harrisburg, PA 77105-5530 (717J 7dOd940 I-800-34?-?397 FAX (7171780-3995 TTY (71 J) 780-1869 HOMEOWNERS' EMERGENCY MORTGAGE ASSIS"fANCE PROGRAM STATEMENT OF GREDI7 ^ENIAL,TERMINATIOIV OR CHANGE 9!25/2003 FAIRBANKS SUSJE:CT: PO BOX 65250 JAMES B WRIGHT SALT LAKE CITY, UT. 84165 1302 CARLISLE RD CAMP HILL, PA. 17011 S.S.#: 206-54-0121 Loan #: 0004051728 REQUESTED CREDIT: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN Adverse Action Taken: CHANGEILOAN RE:tCISSION Principal Reason(s) for Adverse Action Concerning Credit: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing If you disagree with our decision. We must receive a written request for a hearing within fifteen (15) tlays of the postmeirk date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable.) The hearing may be conducted by a telephone conference call; therefore, you must include your ts:Iephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or cerXified mail to: Chief Counsel -Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.Q. Box 15628, Hardsburg, Pennsylvania, 17105-5E~28. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please b~ sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an artomey you may be eligible far Legal Services represenl:ation. You can contact a Legal Services representative through the following toll free number: 1-600-732-3545. Please be aware that scheduling an appeal hearing does not necessadly::tayforeclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from cliscriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (providetl that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's inwme derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection AM. The Federal Agency that atlministers compliance with this law concerning this creditor is. the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. Sincerely, THE PENNSYLVANIA HOUSING FIPJANCE AGENCY Homeowners' Emergency Mortgage Assistance Program > THE LP.W DFF 8 OF BARBARA FEIN; T-730 P.003/905 F-297 Page 3 ~XHIBIT VERIFICATION The undersigned, an officer of Fairbanks Capital Corp., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in ]Ylortgage Foreclosure are taken from the 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 18 PA.C.S. SECTION 4904 RELATING TO UNSVJORN FALSIFICATION TO AUTHORITIES. Dated: / ~ ~ ~~~ Name Jeff Title Doc Company: Fair LEHMAN CAPITAL, A Division of Lehman Brothers Holdings Inc., By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff v. r.: JAMES B. WRIGHT and AMY -- E. WRIGHT, - -_ Defendants «, -' c , DEFENDANTS' ANSWER TO COMPLAINT IN MO'.EtTGAGE FORECLOSURE AND NOW COME Defendants, James B. Wright and Amy E. Wright, by and through their attorneys, Rhoads & Sinon LLP and Answers Plaintiff's Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Admitted. By way of further response, neither James B. Wright or Amy E. Wright is deceased. 3. The factual averments contained in paragraph 3 are admitted. The remainder of paragraph 3 is a conclusion of law to which no response is needed.. 4. The factual averments contained in Paragraph 4 are admitted. The remainder of Paragraph 4 is denied as a conclusion of law to which no response is needed. Byway of further response, Defendants stopped living in the mortgaged residence for a period of time in 2003 and were unable to make payments due to medical problems experienced by James Wright. Immediately after Defendants moved back into the home, a ca~~bon monoxide leak caused the death of their 12 year old daughter in the mortgaged residence. Since the death of their daughter, s E~R a IN THE COUF:T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1717 CIVIL TERM -ti=r,- the Defendants have been unable to live in the residence while tes~:ing is being performed on the gas appliances and the faulty appliances are being replaced. 5. Paragraph 5 is a conclusion of law to which no response is needed. 6. Admitted that Plaintiff seeks the cited amounts. 7. Paragraph 7 is a conclusion of law to which no response is needed. 8. The factual averments contained in paragraph 8 are admitted. The remaining averments are conclusions of law to which no response is needed. 9. The factual averments contained in paragraph 9 are admitted. The remaining averments are conclusions of law to which no response is needed. WHEREFORE, Defendants respectfully request that this Honorable Court deny Plaintiff s request for entry of judgment and foreclosure. BROADS & SINON LLP Byt ~ , ~~ ~ Dean F. Piehnattei^ Heather Z. Kelly P.O. E~ox 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Defendants Date: July 12, 2004 CERTIFICATE OF SERVICE I hereby certify that on this 12~' day of July, 2004, a true and correct copy of the foregoing was served by means of United States Pos[al Service, postage prepaid, addressed as follows: Bazbaza A. Fein, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 ~m~ Teresa L. Paulhamus LEHMAN CAPITAL, A Division of Lehman Brothers Holdings Inc., By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants IN THE COU]~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1717 C:NIL TERM ENTRY OF APPEARANCE Kindly enter the appearance of Rhoads & Sinon LLP, Dean F. Piermattei and Heather Z. Kelly as counsel for Defendants, James B. Wright and Amy E. Wright in the above- captioned matter. BROADS & SINON LLP By. Y~ C~,/~~ -, Dean F. Piemrattei Heather Z. Kelly P.O. I3ox 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Atton~eys for Defendants CERTIFICATE OF SERVICE I hereby certify that on this 12`h day of July, 2004, a true and correct copy of the foregoing was served by means of United States Posta] Service, postage prepaid, addressed as follows: Barbara A. Fein, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (~ (~ Teresa L. Paulhamus NEW JERSEY OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, N] 08054-4318 (856)596-652 Barbara A. Fein, Esquire Kristen ]. DiPaolo, Esquire MeatGers of Pemisylvmiin and New Jersey Bnrs Dean F. Piermattei, Esquire Heather Z. Kelly, Esquire Rhoads & Sinon, LLP One South Mazket Square, 12`~ Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PITTSBURGH OFFICE 110 Atwood Street, Box 680 Pittsburgh, PA 15213 (412)361-8286 File No. 03-10481 PLEASE RESPOND TO OUR FORT WASHINGTON OFFICE DIRECT PHONE EXT. 102 CERTIFIED MAII,ING RE: LEHMAN CAPITAL, a Division ofLehman Brothers Holdines Inc, By and Throueh Its Loan Servicine Aeent, Fairbanks Capital Co1ro. v. JAMES B. WRIGHT and AMY E. WRIGHT Cumberland County Court of Common Pleas iJo. 04-1717 Civil Term Dear Attorneys Piermattei and Kelly: Please find enclosed Plaintiffs Request for Admissions, Pl.aintifFs Request for Production of Documents and Things, and Plaintiffs Interrogatories. Under PA RCP Rules 4014, et al., the Defendants have thirty (30) days within which to respond. Please feel free to call me if you have any questions regarding; this matter. Sincerely, THE LAW OFFICES OF BARBARA A. BY: Barbara A. Fein, Esquire BAF:gba enc. THE LAW OFFICES OF BARBARA A. FEIN, P.C. 425 Commerce Drive Suite 100 Fort Washington, PA 19034 (21$)653-7450 FAX: (215) 653-7454 Direct a-mail: barbaraf@lobaf.com July 21, 2004 P.C. y EXHIBIT ~g ~. i ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted DelNery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ~ Attach this card to the back of the mailpiece, or on the front it space permits. 1. Article Addressed to: Dean F. Pierma[tei, Esquire _ Heather Z. Kelly, Esquire , Rhoads & Sinon, LLP One South Market Square, 12"' Floor Hattisburg, PA !7108-1146 A Signature ^ Agent X ^ Addressee B. ived~ly (Panted Nam C. Date of Delivery J, fdt•~~~~ ~-a~•o D. Is delvery address different from Rem 17 ~ Yes If YES, enter delivery etldress below: ~ No 3. Se ce Type ifietl Mail ^ ExO~s Mail Registered ^ ReNm Receiptfor Merchandise ^ Insured Mstll ^ C.O.D. 4. Restricted Delivary7 (Extra Fee) ^ Yes 2. AMcleNumber 7003 101 0~~1 209 857 (lYensler frlxn service, lebeq~ _ r-rk - - DOTBetIC Retum Receipt /02595A2-M-1500 PS Form 3811, August 2001 .A~1O ~l dQEQve,sT 'FE r~-- ,Ddb ~~ U.S . Post al Ser vice, ., IPT CE RTIFI ED MAIL ,., RE CE e Covera Provided) (Dom estic M ail Only ; Na Ins urance g _ . .. .. ._ __.._ _ ....... ... .. ...e~.¢an ee www.u sos.com., ~ s ~.~-/ t7 CBNPeO Fee a7 .3 ~ ~ Rewm Redept Fee l~ (Endgeemem Requiretl) ~- 7 J O ReeVk~ee Oe1Nery Fee rl (Endoreamem Requlre~ Poem,erk -- ~ Wera 0 Toles POetege a Feee $ G- a c~ m m t Dean F. Piermattei, Esquire ' 0 ~ Heather Z. Kelly, Esquire _._...___. N ~fie9( wpp Rhoads & Sinon, LLP ---°--'- ~,ry, ~ One South Market Square, 12 Floor Harrisburg, PA 17108-1146 :,, ,~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04k-1717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. PLAINTIFF'S REQUEST FOR ADMISSIONS UNDER PENNSYLVANIA RUDE OF CIVIL PROCEDURE RULE 4014 T0: JAMES B. WRIGHT and AMY E. WRIGHT c/o Dean F. Piermattei, Esquire Heather Z. Kelly, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., by its undersigned attorney, The Law Offices of Barbara A. Fein, P.C., Barbara A. Fein, Esquire, hereby serves the within Request for Admissions upon the De=fendant above captioned pursuant to Pennsylvania Rule of Civil Procedure Rule 4014. Each matter set forth hereinafter shall be deemed admitted unless you serve an Answer or Objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: 1. The Answering Defendants are the same individuals who executed a Note to People's Choice Home Loan, Inc. on November 5, 2002, in the amount of One Hundred Four Thousand, One Hundred and 00/100 ($104,100.00) Dollars. 2 2. The Answering Defendants are the same individuals who executed a Mortgage to secure the above described Note on People's Choice Home Loan, Inc. in the amount of Ore Hundred Four Thousand, One Hundred and 00/100 ($104,100.00) Dollars. 3. The above described Note is secured by a Mortgage on real property situated at 1302 Carlisle Road, Camp Hill, within the Township of Lower Allen, Cumberland County, in the Commonwealth of Pennsylvania. 3 4. The Answering Defendants have failed to timely make each and every monthly mortgage payment due and owing on the obligation which is the subject of this mortgage foreclosure action. 5. (a) The Answering Defendants failed to make a monthly mortgage payment due and payable on February 1, 2003. (b) The Answering Defendants f`.ailed to make a monthly mortgage payment due and payable on March 1, 2003. 4 (c) The Answering Defendants failed to make a monthly mortgage payment due and payable on April 1, 2003. (d) The Answering Defendants failed to make a monthly mortgage payment due and payable on May 1, 2003. (e) The Answering Defendants failed to make a monthly mortgage payment due and payable on June 1, 2003. S (f) The Answering Defendants f=ailed to make a monthly mortgage payment due and payable on July 1, 2003. (g) The Answering Defendants i=ailed to make a monthly mortgage payment due and payable on August 1, 2003. (h) The Answering Defendants i=ailed to make a monthly mortgage payment due and payable on September 1, 2003. 6 (i) The Answering Defendants :Failed to make a monthly mortgage payment due and payable on Octot~er 1, 2003. (j) The Answering Defendants ]=ailed to make a monthly mortgage payment due and payable on November 1, 2003. (k) The Answering Defendants failed to make a monthly mortgage payment due and payable on December 1, 2003. 7 (1) The Answering Defendants failed to make a monthly mortgage payment due and payable on January 1, 2004. (m) The Answering Defendants failed to make a monthly mortgage payment due and payable on February 1, 2004. (n) The Answering Defendants failed to make a monthly mortgage payment due and payable on March 1, 2004. 8 (o) The Answering Defendants failed to make a monthly mortgage payment due and payable on April 1, 2004. (p) The Answering Defendants failed to make a monthly mortgage payment due and payable on May 1, 2004. (q) The Answering Defendants f'.ailed to make a monthly mortgage payment due and payable on Sune 1, 2004. 9 (r) The Answering Defendants failed to make a monthly mortgage payment due and payable on July 1, 2004. 6. The Answering Defendants have been in default on the mortgage obligation which is the subject of this foreclosure litigation since defaulting on the monthly payment due and payable on February 1, 2003. 7. To the best of the Answering Defendants' knowledge, information and belief, the default figures recited by Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and correct. 10 8. The Answering Defendants acknowledge that ACT 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000.00) or less. 9. The Answering Defendants acknowledge that the subject mortgage upon which this foreclosure action is predicated was made in the initial amount of One Hundred Four Thousand, One Hundred and 00/100 ($104,100.00) Dollars. 10. The Answering Defendants acknowledge that they filed an application for financial assistance with the Pennsylvania Housing Finance Agency on or about May 5, 2003. 11 11. The Answering Defendants' application for financial assistance was denied by the Pennsylvanial3ousing Finance Agency on or about September 25, 2003. 12. (a) The Defendant further encumbered the real property upon which this Mortgage Foreclo:~ure action is predicated by a second mortgage in favor of Kristine L. Polkinghorn, in exchange for the sum of $6,125.00 ("Polkinghorn Mortgage"). (b) The Polkinghorn Mortgage was recorded by the Cumberland County Recorder of Deeds on January 6, 2003, at Record Book Volume 1790, Page 2465. 12 (c) The Defendants have also defaulted on the Polkinghorn Mortgage. 13. The Answering Defendants acknowledge that they have not been escrowing their regular monthly mortgage payments in anticipation of settlement of this matter. 14. The Answering Defendants' mortgage default on the obligation owing to this Plaintiff pre-dates the death of their daughter by more than six (6) months. 13 15. The Answering Defendants defaulted on the mortgage obligation owing to this Plaintiff within six (6) months of giving Peoples Choice its mortgage on the subject premises. 16. On October 31, 2003, the Answering Defendants filed a Chapter 13 Bankruptcy Case in the United States Bankruptcy Court for the Middle District of Pennsylvania under Case No. 1-03-06471. 17. At all times relevant to the Wrights' Bankruptcy Case No. 1-03-06471, they were represented by Lawrence G. Frank, Esquire. 14 18. The Answering Defendants failed to make a single post- Petition payment to this Plaintiff, or its predecessor in interest, under Bankruptcy Case No. 1-03-06471. 19. On or about March 1, 2004, this Plaintiff filed a Motion seeking Relief from the Automatic Stay imposed under The United States Bankruptcy Code, 11 U.S.C. X362, under the Wrights' Bankruptcy Case No. 1-03-06471. 20. By Order of Court entered on April 1, 2004, The Honorable Mary D. France, U.S.B.J., grantE=_d this Plaintiff relief from the Automatic Stay to institute' Mortgage Foreclosure proceedings against these Defendants. 15 21. On November 14, 2003, this Plaintiff filed a Proof of Claim establishing under applicable case law that the Defendants' arrears through October 31, 2003, was $8,335.82. 22. On November 14, 2003, this Plaintiff filed a Proof of Claim establishing under applicable case l~sw that the sum necessary to satisfy the Defendants' mortgage obligation, calculated through October 31, 2003, was $112,711.87. 23. The Answering Defendants did not object or challenge the Proof of Claim filed, under penalty of perjury, by this Plaintiff. 1b 24. The figures set forth under Plaintiff's Proof of Claim are deemed accepted as accurate and correct by these Defendants under applicable case law. 25. Under their Bankruptcy Case No. 1-03-06471, the Answering Defendants failed to produce for inspection copies of the Federal Tax Returns as required under ,applicable case law and statute, resulting in the Trustee's filing on February 5, 2004, a Motion seeking to Dismiss their Bankruptcy Case and/or, in the alternative, a Motion to Compel. 26. The Answering Defendants 7:efused to produce their Federal Tax Returns for inspection by they Trustee's Office. 17 27. On May 7, 2004, the Answering Defendants' Bankruptcy Case was dismissed by Judge France. 28. On February 5, 2004, the U.S. Attorney's Office filed an Objection to the Defendants' Plan Confirmation under their then- pending Bankruptcy Case. THE LAW OFE'ICES OF BARBARA A. FEIN, P.C.: BY: July 21, 2004 Barbax-a A. Fein esquire Attorney for P1 >_ntiff 18 THE LA~nI OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 Suite 100, 425 Commerce Drive Fort Washington, FA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing P.gent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY N0. 04-1717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. PLAINTIFF'S REQUEST FOR PflODUCTION OF DOCUMENTS AND INTERROGATORIES TO: JAMES B. WRIGHT and AMY' E. WRIGHT c/o Dean F. Piermattei, Esquire Heather Z. Kelly, Esauire Rhoads & Sinon, LLP Ore South Market Square, 12" Floor P.0. Box ll45 Harrisburg, PA 17103-1146 Plaintiff, Lehman Capital, a Division of Lehman Brothers Hcldinas ?nc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., by its undersigned attorney, The Law Offices of Bar,'"~ar3 ]. Fe_n, ~.~., Barbara A. ~._in,~SCll1rc, hereby requeSLS .a_ -'re ~~ eacants ai~c~,-e -.Umea ar~duce ~. °__ c~r_nu ;ccume2 - _~r Plaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure at the office of The Law Offices of Barbara A. Fein, P.C., 425 Conunerce Drive, Suite 100, Fort Washington, PA 19034. DEFINITIONS A. "Document" or "documents" mean the original and any non- identical copy, regardless of origin or lor_ation, of any writing or record or tyre of descripticn, including, but not limited to, the original and any copy of any books, pamphlet, periodical, letter, memorandum, telegram, report, record, study, inter-office communication, handwritten or other note, working paper, charge, paper, graph, index, tape, disc, data sheet or data processing card, or any other written, recorded, transcribed, punched, taped, filed or graphic matter, however produced or reproduced, to which you have or have had access. B. "ldentify", "identify" or "identification" means when used in reference to: (1) a natural person, h'_s or her: (a) full name; (b) present or last known home and business address ;including street name and number, city or tcwn, and state); and (c) present or last known position, business affiliation and job description. (2) a company, corporation, association, partnership or any legal entity other than a natural person, its: (a) full name and type of organization or entity; (b) address of principal place of business; and (c) jurisdiction and date of incorporation cr organization, if known. (3) a document: (a) its description (e.g., letaer, memorandum, report, etc.); (b) its title and date and number of pages thereof; (c) its subject matter; (d) the identity of its authority, signer, and any person who participates in its preparation; (e) the identity of its addressee or recipient; (f) the identity of each person to whom copies were sent and each person to whom copies were received; (g) its present location and the identity of its custodian. (If any such document was, but is no longer in the possession. cf or subject to the control of Defendants, state what and when disposition was made of it). (4) an oral communication: (a) the date, time and place when and where it occurred; (b) the complete substance of the communication; and (c) the identity of each person to whom such communication was made, each person by whom such communication was made, and each person who was present when such communication was made. INSTRUCTIONS These Requests for apply to all docurnents in your possession, custody or control, or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. INTERROGATORIES 1. If you deny the accompanying Request for Admission Number 1, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 2. If you deny the accompanying Request for Admission Number 2, explain full y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 3. If you deny the accompanying Request for Admission Number 3, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 4. If you deny the accompanying Request for Admission Number 4, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 5. If you deny the accompanying Requests for Admissions Numbered 5(a) through (r), inclusive, explain fully your basis and set forth the reasons for said denial, and. attach any documentation which supports your denial. 6. If you deny the accompanying Request for Admission Number 6, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 7. If you deny the accompanying Request for Admission Number 7, explain fu11y your basis and set forth the reasons for said denial, ar.d attach any documentation which supports your denial. 8. If you deny the accompanying Request for Admission Number 8, explain fu11y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 9. If you deny the accompanying Request for Admission Number 9, explain fu11y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 10. If you deny the accompanying Request for Admission Number 10, explain fu11y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 11. If you deny the accompanying Request for Admission Number 11, exp'_ain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial- 12. If you deny the accompanying Requests for Admissions Numbered 12(a), (b) and/or (c), explain f_u11y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 13. If you deny the accompanying Request for Admission Number 13, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 14. If you deny the accompanying Request for Admission Number 14, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 15. If you deny the accompanying Request for Admission Number 15, explain fu111r your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 16. If you deny the accompanying Request for Admission Number 16, explain fully your basis and set forth the reasons for said denial, and attach any decumentation which supports your denial. 17. If you deny the accompanying Request for Admission Number 17, explain fully your basis and set forth the reasons for said denial, and attach any decumentation which supports your denial. 18. If you deny the accompanying Request for Admission Number 18, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 19. If you deny the accompanying Request for Admission Number 19, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports ycur denial. 20. If you deny the accompanying Request for Admission Number 20, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial 21. If you deny the accompanying Request for Admission Number 21, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 22. L you deny the accompanying Request for Admission Number 22, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 23. If you deny the accompanying Request for Admission Number 23, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 24. If you deny the accompanying Request for Admission Number 24, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 25. If you deny the accompanying Request for Admission Number 25, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 26. If you deny the accompanying Request for Admission Number 26, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 27. If you deny the accompanying Request for Admission Number 27, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 28. If you deny the accompanying Request for Admission Number 28, explain fu11y your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 29. If you deny the accompanying Request for Admission Number 7, explain fully your basis and set forth the reasons why you deny that: (a) the principal balance, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, is accurate and correct. (b) the unpaid interest which has accrued,. quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, is accurate and correct. (c) ary late charges which have accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. (d) recoverable balance charges which have accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. (e) other fees which have accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, is accurate and correct. (f) any court costs incurred or which wi11 be incurred by Plaintiff in prosecuting this civil acticn, as auoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. (g) the attorneys' fees quoted by Plaintiff in Paraaraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. 30. If you deny that the Plaintiff is entitled to the attorneys' fees quoted in Paragraph 6 of its Complaint in Mortgage Foreclosure, explain fully your basis and set forth the reasons why you deny that the Mortgage instrument itself does not control in this matter. 3'_. Cn what date was Defendants' application for financial assistance from the Pennsylvania Housing Finance Agency denied? 32. Upon what information and belief` do you rely in alleging that the Plaintiff failed to serve upon t_he Defendants notice in accordance with ACT 6, as required under 41 P.S. X403, et seq.? 33. Upon what information and belief= do you rely in alleging that the Plaintiff refused to accept monies sufficient to reinstate or pay-off the subject delinquent mortgage account? 34. Name each of the Defendants' present employers, providing the name, address, telephone number and name of direct supervisor for each employer, and the length of time that the Defendants have been employed by each employer. 25. Explain the nature or familial relationship between either or both of the Answering Defe:~dants and Kristine L. Polkinghorn, the junior mortgagee. 26. Fully describe any documents which are being withheld from production and the reasons why such documents have been withheld. 27. Submit an affidavit or verification from the responding party stating that there has been full compliance with this request. REQUEST FOR PRODUCTION 1. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 1. 2. Copies of any and ail documents,. federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law k~ases upon which you rely in denying Plaintiff's Request for Admission Number 2. 3. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory cr common law k~ases upon which you rely in denying Plaintiff's Recuest for Admission Number 3. 4. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 4. 5. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Requests for Admissions Numbered 5(a) through (r), inclusive. 5. Copies of any and all documents, federal and state court opinions (whether published or urpubiishec.), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request -'or Admission Number o. 7. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 7. 8. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 8. 9. Copies of any and all documents,. federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 9. 10. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 10. 11. Copies of any and all documents, federal and. state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 11. 12. Copies of any and all documents, federal and state court opinions (whether published or unoubl_ished), federal guidelines or other applicable statutory or ccmmon law bases upon which you rely in denying Plaintiff's Requests for Admissions Numbered 12(a), (bl andicr (c). 13. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or commen law bases upon which you rely in denying Plaintiff's Request for Admission Number 13. 14. Copies of any and all documents,. federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law k>ases upon which you rely in denying Plaintiff's Request for Admission Number 14. 15. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or commen law k>ases upon which you rely in denying Plaintiff's Request for Admission Number 15. l o'. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 16. 17. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 17. 18. Copies of any and all documents, federal and state court opinions (whether published or unpublished.), federal guidelines or other applicable statutory or common law bases upon which you rely in denying P1aintiff's Request for Admission. Number i8. 19. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 19. 20. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or ether applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 20. 21. Copies of any and all documents, federal and state court cpinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in der.yinq Plaintiff's Request for Admission Number 21. 22. Copies of any and ail documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for P_dmiss;ion Number 22. 23. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 23. 24. Copies of any and all dccuments, federal and state court cpinions (whether published or unpublished), federal guidelines or other apnlicab'_e statutory or common law k>ases upon which you rely in denying P'_aintif " s Request for Admission Number 2~. 25. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common. law bases upcn which you rely in denying Plaintiff's Request for Admission Number 25. 26. Copies of any and all documents,. federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which youu rely in denying Plaintiff's Request for Admission Number 26. 27. Copies of any and all documents, federal and state court opinions (whether published or unpublished.), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 27. 28. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admis~;ion Number 28. 29. Copies of canceled checks or other proofs of monthly payment having been made to the Plaintiff Mortgagee in this action since November 5, 2002. 30. Copies of canceled checks or other proofs of monthly payment which Defendants allege were improperly credited to the subject account. 31. Cepies of any and all dccuments upon which you rely in alleging that the total judgment amount as calculated by the Plaintiff Mortgagee in its verified Complaint in Mortgage Foreclosure is inaccurate or incorrect. 32. Copies of any Contracts or Agreements between the Defendants and any real estate broker or agent to market the subject property. 33. Copies of any leases, or evidence of rental, of the subject premises. 34. Evidence that the Mortgagor has paid the current real estate (county, city, school) taxes for the mortgaged premises. 35. Evidence that the Mortgagor has paid the hazard insurance premiums as to the mortgaged premises for the current year. 36. Copies of any and all Appraisals or Broker's Price Opinions generated within the last three (3) years, within the possession of the Defendants, their agents, employees or brokers. 37. With respect to any "wrcngful death" suit pending between the Answering Defendants and/or the Estate of their Deceased Daughter, and any entity whatscever named, copies of all pleadings, correspondence, reports and documentation of a non-privileged, non- confidential nature. THE LAW OFFICES OF BARBARA A. FEIN, P.C. .~~. Barbara A. ,.ein, PNNNSYIAANIA IIOUSINJ~NANCB ACN'NfY n1N rNPA usv.lml.v APPLIG OR IIOMF.OWNIBR'S EMBRCFNCY MORTGAGE A.SSISTANCR IRAN PROORIIM , The Rnnrylnnh Ilmldng Pimrwe Agerlry (PIIFA) will me Ine Infnnnminn on this hrrm w help AmiAc it you ere diglRle fnr en evie loran-iinAv me Nmnerwnerf Pmngenry Mwlpge Aubunce Loen Pmhmm (Ad 91 e(19R7). l'hle dfan bAedgneA Irv help y~nl •wlA fnmdmurc wn yeyPTlanpge. PIIP,~~yly u~e y~rur/arrtlq aecvrlry J haw mach mlmlwr m nganl a creJll npnn on yon. Thle, end RIMr finemlel inlormellnn, wlll uebl PIIPA in Aemrmining I(, ~ In whet ealcnl, it abl y,w, nn g ou un pry nn you moDPge. IF YOV SUBMIT TIIIS FORM WITIIDUT PROYIOINO ALL'1'lIP RIipUCnCD INFORMATION, PIIrA~lpr. ANLC l0 y IIBLP Y9U. The Monpgee will IMn be Ine to barlme on ynnr mnnpge, j N.me Sames B. s Amy L. Wright Rlrtel AJdrtr M rmPnf In Mrtlmure COY CamY Sme y.10 CNn bP nl ll+epk~• rlnx - 1302 Carlisle Road Cam Hill CumbeF7,ana PA 011 N• IIa Im1 h•a ya ban • Prmrcm Illw Inng hr.e ym Ihed m Arc ym, arrenlly ttr Ym h Ihir ymn mhkM M Rnn InnlO 3 y Yn, IM1b n i ~_.YIr. Ilrin In ILb m nY) Na fl Nn CI Prima RalJercei .~,/ [b yw eellen rtM rer rq Pn d IM pmPnYl Yer O Nn t~ Yer, hmr mlNn Pr mm~lhi f___ Do ym, own IM1e aline rrnlNrlY1 yrer C7 Nn If Yn, wbl I,Pmm11 _-_ I!.rbin h IAb PmPen1 sad Ax e,ry ryP M butlan iumwi Ye• ^ Nu / N CY o NwN ys Rled a prevhme NRMAP ApplkNlen YM ~ Url ul Pleenr when lamer eppar On yar McNyP a Nde eld IMIr rclellnmhlp u yml. Nerve AAAMn 111 DlRmem Pmm AMmI 3g. Nnmhcr RMnlmnMp 1302 Carlisle Road. 206-54-0121 Self Sames B.Wright Camp Hillr PA 1701.1 Amy L. Wright 1302 Carlisle Rdad. Camp Hill, PA 170].1 211-69-7038 Spouse LIn dl Mmll•P'+• hMJing a NMe end reIRY Mnln Melq a renrtlly Inkrol In IM mryRny. (DIMr Ibn Nxlgmem Ileml MnnpgnllMMet Addmr Ilndk•le Ir nrvittr) Lmn Numher Inm Armbm Term P.O. Box 65250 1 airbanks Capital Corp. Salt Lake City, Utah 84165-0250 om a5 2 ID oV6.ao 3OXR~• 2 ~~ J rrbr m IM rme~'~nrNmaY, nre Ya ban MMM In PYrtmr an .ny n,xxe k.n wlmm me. Nn nw yemrr Aluoh . rerm¢ ple m nrbin. ^ Wa m' Na Ir yn, Mw tarry mmxM MamFIY Dale M Mn !RYmcm Twl Ammm Oellrleuem PrymeM Mn RII rrymeM AMdIeA In ManIM1l l6n I ~87S. oo I/o3 I~O.iS 11~A/s.3b.62 2 J t 6 S 67s.oo 717fA1S S2rs3B•b~- Imllule k/ numMr IM lyper M Ian i run _ -_ - _. ~A ._._...__ _A _-. Rr,,,rn Illxm ......_.___.____., . INMr (Speallyl ........ _.__._-.. _...... dneer Nlnn ~ ....____.. , Ilmn ImpnwenNM ~_. CmnemMnel ' Ilse ym euemped b Inhe rlt w pMld P•Ym•^I• II ten lull Imngrge MYnwMi lnr Yd~ Nn [J k 3 eo. o o - 203, ~ ^ If m, Ibl JMM eN nPUnu I 11e. IM MonPg<a eneped eq Pymemei Yee WMn do N'u kel IMI Ina wilt M •bIa b memo •Id melnuln roll prymenul aTALY, 2•~3 Pm, a~4-sO OO A.x7ycu M' NCI fl u,r. Im,rn sort nnnn Y ~ o Mrb Pnld mmq•1• P9memd Are mm currently rllllq eml •Me to Mnbd bYAlndeJ ^ geMr•~ NumMr eml Awe..,1 UrreMemN 2 ppptArP C,a¢ In, wm RY - h Rfeelrc O AIIITm Chihl .WNnn. nr 3.~m•oo Kr•nn MMMemrcfl tt' Q~ Nn IJ m mm Pr nnMn S .hell,n: CI Ilnm•rrinl g] DIVmICED A6cs: 33 -12- Lkl emply'tam deu hn Ml Prmxn whore IrcImIMD will M e•NI xr nwn lemlly nMlPJnm. . ~ IOnw lea um m,l 1 /) ' CurnM eM Pmiwr Rmrlaen ml AdArerw Ramn Mr kningl br bM h Ycmr Dnn M P.mPlrymeM Pailiw Dmn rrylMe. Nn IblAln. Nerve ~BA:yco SuN M/f'ea A6V4V c/I,tLrSLE PIKC ~prfUgN 9/46-Ik~LeM'7 ~2/IIo7. oo ~.wrtJe saes, /Nc. eA}nrP IF/ui P~'• /70!l vs. M1NAY• 1315Y5 / u rce Vx a VrnS mYLL 7 IRACC.fEM' ~ ~Feca4 119~Y.oo / ~ ~--" rcCS P NA/d156V RO' Yae I7Al ]. ys~o AAYOrLru/K iMfeu R>aa . ---- qa- 799 - A-e~c~rr.orrs-r --_. '- M Nr 17o II eaasrrl fA~<. Lbt All INMr Smrar nl "Imome' enb n IMerctl, dlrlJeMr, Pndnnr, <mnPmnbn, oah nnbuncq cM1llAren, Mnrder, cM1lld bPPn, •Ilmmry, qc. Smrte Aml. MaMh. IYe.¢drdnn Smoe Aml. MnnIM1 Ikndpdw E HiBIT ~~ - LW AO I11un IAntln NrVtdeJ Ilwl IWUnrctI IMuW ' I+4n, Iwxwlb, Al4nunl, CgIIJ :iuyyttl, SYdd Sawtl/, 1 ew' CYep elt. ' NMIV4nl Nwrct Wbm Amwnl Y.<N+n+mW ~~ /~- ~~\ L'4JY p11.lAN VAW%eY1N AL1. ASS6I%-7OTA1. A.95NIS LLYf ALL LIAtl11JT1YN IIwMM "MWrgq" LbYyr Artwm) Snw NYw W IMMwIw YN McwW Nwnbar N A Yhle %Y+n N+na Yf IYwWglw, Adlrwr nN Attwel Nxlebm L'W w Mwr IkMn O.O'0 MauM/ Yym<+Y Unwu LbaYl NtwM< 'MRAI. LIAtl11.111O W4w< Inn+wYM d.buYLay AaaY S+r M<wn11J W 1 N I 1~m. m0 51aY+ i tlundr I4niNe Yrl krrlMl IN<I C'W Whu) LIh INYrwrf INeI CWq Wlutl INYV Ik4U MNkW ~-~ INS IknW Isyl NuI 1WW<IMnYeI Wluel Uf Ilwn le PuraNwun 000.00 YdwWbnM 5.00 INga NW YLnI< N<+I Y I+le I•,+nr B s. 00 Vn+N Inlnnl In NWk<Y<nl I1W I6 If W Wlwl AwwlwMk lWaw ,y3a~o Au1wwMW IM+b i WWI 2002 WI ~6 t yf .O° AbnwY. I:YNd %YPpW, .3,®O~O° Vunllwe i RerwW Yru rl I pOD. 00 &V+nle MnYknM< ^--_ (Nha AwY IRemYel Ywewtu Owd Y; PrwW WM ~-`~ Rr CrpNnIWnYW PrsN 1Wt ~"~ '1111'AI. Ak'YKIS 124 ,T3. m0 TUML LIAtlILIT1YS ) 7y3. m0 MwIh1Y IJrlntl Wpterl - f/ i , 00 00 ' 3 MONPIILY IIOYtlINO M%Y%NSYA O. Yuud 2,y Amu lYw., ~ °. f'P. °i ~ , i '" A ~~ bl MM IY+I Alnwnl < 875. 00 f G Iwur. __.__.______ Iwwbo _- 00 0 e W nwtl Mnuu+l III • +b1W lnd MM . MrdkW IYUr. ~___- '146phuur 10 m I O ~~ h0 MW • K menl AmuuM Ilf • NrWkl , Cpmrh 11+Ypwl+llw p o0 m0 fOS • " WJ IWW<Wm ILI wk OS. OO • • uY 7 Iblr L CYIk'W .Irw~n -- II+Yrd luunw< II na m O BW Unlw Ilua ~ 2 m0 OO ClydY IJk IYYnM+ Ywd r . . Uq CUt. ClWwnl Om YOO LI O INhrt lCdnde fm/AMa. dunl _ . .O IYIYI+Ymenl UrY Ckrnlntl ~ UIIWM IPk<y +F WI, r+kq wny IrWI Z7. 0 ° L'+ble Club/Mgnvku I - ' 1 9~ ' 111TA1. IIIIUMNC Y.%YNN%% . 00 , ,. _, '+O IYIfAI. MIINI 111.Y LIVING 6%YWS%8 AI4rA . ap+r+It W[< nyl+inink, N your m.n wwd<, plxr Yvu tlW IWIIMJ In riur Iwnlyh Pynl<MI +n0 ywr prwpaY fw gnprprkl /eur MnMIM rlriww+Mre Y'qe blkYing infuumliun is myueNW by the PWenl OovcrnnY;m if Ihil W.n h rthlW b e Jwdling, In urJer n InonhVf IhP IeaderY cumplhrce whh eyed crtJil upper mnily eW kir bnuring kw. Yw uc nol required m Punish Ibis infnrmnbn, but Yrc encoungW IN du w, TM hw P1YrWu INI tl lender mtly rcllher dlarimluk an Ibe Mris of Ibis inlimnmiun, Ixn nn whMher Yrw chlxuc m hlrnisb il. Iluweveq If pu chows nm lu furnbh II NW W Podenl rtlulWlom Ihk lender 6 rtqulrW m wk rvan nW ret nn the b+rir of viwd oWerWlion nr rurmnc. If Ww v„ an wlYb In fundnb Ile Wxne Infun1u11un Altus InI11J 6eluw. ApplkwY I do YW rkh Y IwnW WY bfwwlbn IIMIIWI --_ CWApplkwb 1 b eW wW le NWeW IW IefawMbel peNktll NMr/ I I A~rku Ind4n, AIUYMI NWn fl Adxn Nwr/ I l An/tr~Il INdkN, AIWr NYIn Cl AWu NWlwnl M'NI+cY I111YWWt CI WNb N+UiIYI ~YllteY O NkpYe Ll WkNt I1rINln 1114hn LYlwrlfyl -.. -._~-._. ____....___...- Orltlk II INY<r ISpalhl u:xNkalkxrr The unJenigwJ upplicr fur m Yxriswnc Iwn In 16is epplkninn m bt utWW by Y nwngege or JMJ tf Iron un IM pnpeny dearibW herein, eW mprcMnY Ihm the pnlptfly W NI MN nt urcU Illr Yny INC%YI tlr rerlrlClW pYlylnt, YW (In1 .N r4it111r11Y Ill+t< II. 1i11r lppllu'Ylgln In IIw lnd tte InedC1~H, II Ilic pllfp'Jlt Ol Ubining r IUnn. VtrIRC+lllln IIIYY IK IIIIIUIIIW IrUlll YUY eOYn't OMINd In dllf +p11I1C+Iwn. TIIC OIIBINI nr Y aVpy of IIIIt PppllnllOn WIII be rtYlMll .r' Ills ICMItr, tYin If Ine Iwn It IIW gnMW. In WJilinn. Ibc unJerrigrcJ hcmby conrcdu w die nquisilWn of YII peninem JnY rccunrY hY the Yennrylnnle Iloully PiMnaro Atltnry In orJer b tveluue eligibility, iutluJinp but nYl IimikJ w, pennwl %YI[ bcnnm'14r amnlr. I I WL' IuIIY a WCIYIYINI Illul YUY IIIICn1111nY1 mlrnpr[rCllYllnll UI YIIY IIInMIYI lllfllrlllt1111n III NnfuM'llun wllh Iht Rling Yf IMt YppllC+llun WIII r[rull In IIIC YrkYM't Iwn Icing JwicJ nr inuncJiun rcp+pnem rcyuirW wr MI Iwn Jlxbunnnemi nude nr • nWll of wth ntlrtcprcnwllon eW Ub Manglgul mey M NnY Ilmt IheneNer Ykt +ny letl•I +~ inn Y cnlnrac Inc Mnnµtle whhuul YnY further ruuiYliun ucreyuhenwnu unJCr ACI YI, IYU:~~ ~~/~~i -' ~''~~j91 4/',jU'D3 t~iliY/ fY A. ~ y-.SG' ,lt Alry~lilunly }7g 1 ~ U+n CoAI M'r Itll(furc U.Y l ~_ iLwn atn be rc+cheJ Iloun e.n be rwgW I'ckpbnrc N 1 ! 1 !' 73l' blfr fume ¢F#K A / W, Telephuro No. 7i7-'! {/' ibi.J ~NOme ~) V V 1, TYkpMme No. Tl7 ')V 7-'r'?QY ITM.rk - Telephone Nt. ,l;C;l' GJ 1'V/k i(Wkk PON USN IIY IXINSUMI!R CRRDIT COUNSL+LINO A00NCY ONLY C'wuvdiny AMMY, Community Action CommiNtlion (717) 232-9757 %ulmury (MUA VbYIMU) [' c, dm:Pl n.bn Unc J/!/3 o~13 .~ ,r .,., .~ ~ ~~J ~; August 1,2003 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17105-5530 RE~EIUEC~ BY RE: APPLICATION APPROVAL SS# 206-54-0121 THIS LETTER IS TO INFORM YOU OUR FINANCIAL HARDSHIP OVER THE PAST FEW MONTHS. MY HUSBAND HAS INCURRED A CONSIDERABLE AMOUNT OF MEDICAL BILLS DUE TO A SERIES OF ONGOING TEST. SO FAR HIS BILLS ARE UP TO $2,131.39. HE HAS MISSED A LOT OF TIME OFF WORK DUE TO THE ENTIRE TEST THAT HE HAS NEEDED AND WILL NEED IN THE FUTURE. OUR DAUGHTER HAS RECENED BILLS FOR HER MENTAL HEALTH SERVICES IN THE AMOUNT OF $341.00. WE HAVE BEEN LNING IN A MOTEL FOR TH:E PAST COUPLE OF WEEKS BECAUSE OUR ELECTRIC HAS BEEN TERMINATED, THEREFOR LEAVING US WTTH NO CHOICE BUT TO SPEND MUCH OF THE MONEY WE HAVE SAVED FOR OUR MORTGAGE ASSISTANCE. IF YOU NEED ANY ADDITIONAL INFORMAT][ON. PLEASE GNE ME A CALL AT 717-657-0789 EXT 4166 THANK YOU AMY WRIGHT Pennsylvania Housing Finance Age~y owners' Emergency gage Assistance Loan Program Paym'~nts: 2101 North Front Street, P.O. Box 15206 Harrisburg, PA 17105-5206 Correspondence: 2101 North Front Street, P.O. Box 15530 Harrisburg, PA 17105-5530 (717) 780-3940 1-800-342-2397 FAX (717) 780-3995 TTY (717) 780-1869 August 18, 2003 JAMES B WRIGHT & AMY L WRIGHT 1302 CARLISLE RD CAMP HILL, PA 17011 Dear Homeowner(s): This letter is to inform you that the processing of your loan has been completed. When the documents have been prepared you will be contacted regarding the date, time and place of your loan closing. You must make every effort to attend the closing as scheduled. As stated in your approval letter, you will be receiving anon-continuing loan. The Agency will reinstate your mortgage(s) through 06/30/03 and you will be responsible for your full mortgage payments effective 07/01/03. BE PF;EPARED TO SAVE THESE PAYMENT(S) TO BRING TO YOUR LOAN CLOSING. Your loan approval also stipulated that you are required to remit a base contribution toward your mortgage delinquency at closincl in the amount of $1000.00. This payment is required in addition to the monthly mortgage payment(s) noted above. Repayment of your mortgage assistance loan is also required and begins 11/01/03 in the amount of $85.00. IMPORTANT NOTE: ALL INDIVIDUALS LISTED ABOVE MUST BE PRESENT AT THE LOAN CLOSING TO EXECUTE THE LOAN DOCUMENTS. All payments brought to the loan closing must be in the form of a certified check, cashier's check or money order made payable to PHFA/HEMAP. If you have any questions, please feel free to contact the Closing Department toll free at 1-800-342-2397. Sincerely, Sonya G. CCemons Sonya L. Clemons Loan Processor, F'HFA/HEMAP YOU WILL BE REQUIRED TO SUBMIT $3753.40 AT LO/aN CLOSING THIS AMOUNT WILL COVER YOUR BASE CONTRIBUTION. SCNC Pennsylvania Housing Finance Agcy Pia menu. Correspondence. (717) 780-35 eowners' Emergency tgage Assistance Loan Program 2101 North Front Street, P.O. Box 15206 Harrisburg, PA 17105-5206 2101 North Front Street, P.O. Box 15530 Harrisburg, PA 17105-5530 '40 1-800-342-2397 FAX (717) 780-3995 TTY (717) 780-1869 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM STATEMENT OF CREDIT DENIAL,TERMINAI'ION OR CHANGE 9/25/2003 JAMES B WRIGHT 1302 CARLISLE RD CAMP HILL, PA. 17011 S.:i. #: 206-54-0121 REQUESTED CREDIT: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN Adverse Action Taken: CHANGE/LOAN RESCISSION Principal Reason(s) for Adverse Action Concerning Credit: 1. Mortgagor failed to comply with procedural requirement of Agency based on: Mortgagors failed to attend scheduled loan closing 09/05/03, and failed to return Agency's voice message of 09/17/03 regarding same. You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within fifteen (15) days of the postmark date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable.) The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel -Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 15628, Harrisburg, Pennsylvania, 1710;1-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connectioin with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative through the following toll free number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROtiI OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contrsict); because all or part of the applicant's income derives from any public assistance program,; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditix is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. Sincerely, THE PFNNSVI_VANIA H(]USING FINANCE AGENCY Pennsylvania Housing Finance Age ,., H owners' Emergency M~age Assistance Loan Program Payments: 2101 North Front Street, P.O. Box 15206 Harrisburg, PA 17/05-5206 Correspondence: 2101 North Front Street, P.O. Box 15530 Harrisburg, PA 17105-5530 (717) 78G'-3940 1-800-342-2397 FAX (717) 780-3995 7TY (717) 780-1869 August 18, 2003 JAMES B. & AMY L. WRIGHT 1302 CARLISLE RD CAMP HILL, PA 17011 SS # 206-54-0121 Dear Homeowner(s): The Homeowners' Emergency Mortgage Assistance Program. has completed the processing of your loan and is currently scheduling loan closings in your area. four loan closing is scheduled as indicated below. Your closing officer will be Annie Tellup. , ~-,,~__~ Date: FRIDAY 9/05/2003 Time: 9:00 A.M. (please be prompt) ~j ~ / ~, Location: PHFA/HEMAP \ / ~ ir'Jc~/, 2101 NORTH FRONT STREET /1 2N0 BUILDING, RECEPTION AREA / HARRISBURG, PA You must make every effort to attend the closing on the bove-specified date. Failure to attend this scheduled closing may result in the Agency's rescission of your -in aooroval. In order for the closing to be executed, you must bring 3 754.!90 to apply toward your mortgage delinquency. This amount represents your base contribution plus July, August and September payments with late charges. Funds must be in the form of a certified check cashiers check or money order payable to PHFAIHEMAP. PERSONAL CHECKS OR CASH WALL NOT BE ACCEPTED. If payments were made directly to your lender(s), please contact this office immediately. All individuals listed above must be present at the closing to sign the legal documents. If any one of those individuals cannot attend the closing, he/she must call this office to obtain a "Power of Attorney' document authorizing another individual to sign the documents in his/her place. You must bring your driver's license or another valid form, of identification. IT IS IMPERATIVE THAT YOU CALL ME AT (717) 780-3958 OR TOLL FREE AT 1-800-342-2397 EXT. 3958 IMMEDIATELY UPON RECEIPT OF ThIIS LETTER TO CONFIRM YOUR APPOINTMENT. Sincerely, ~Vi(ki 1nenCinger Vikki Denlinger Loan Closing Coordinator HEMAP Closing Department VLD:dk VDPHFA$ Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Loan Program Parmen(s: 2101 North Front Street, P.O. Bax !5206 Harrirbury, PA /7/OS-5106 Carr¢srbndence: 110! North Front Streer, P O. Box 15530 Harrisburg, PA 1 71 05-553 0 (7/7) 780.3940 1-800-341-1397 Fi1X (717) 780-3995 TTY(717) 780-1869 6/13!2003 JAMES B WRIGHT 1302 CARLISLE RD CAMP HILL, PA. 17011 _ , RE: APPLICATION APPROVAL NON-CONTINUING S.S. # 206-54-0121 J Dear Homeowner: ~ Your application for a Homeowners' Emergency Mortgage Assistance Loan has been approved. The following mortgggee(s) will be included in the loan and have also been notified of your loan approval. i ~Y'~FAIRBANKS PO BOX 65250 SALT LAKE CITY, UT. 84165 The Agency's initial loan dis r;ement t ~ach mortgagee shall be an amount which makes each mortgage current throng 6/30/20(5 . You will be responsible to save full monthly payments effective 07/01/2003. ou-wiH'be required to remit payments that come due through the closing date at the time you sign th ah~ocugte~ts. In addition, this loan approval is contingent upon your commitment to ~ 1,000.Otl tolvard your mortgage delinquency and any other conditions listed on the following pPa~ge. Pleasgg,~ ote that making payments directly to your lender after loan approval may cause the7einstaleFn~ent figures to change and delay closing. Please contact us if hour lender calls you for payments. The amount disbursed will be sufficient to reinstate the account(s), including but not limited to, delinquent principal, interest, late charges, escrow/escrow shortage, and reasonable legal fees and costs. Payment will also be made to the appropdate taxing bodies for any delinquent real estate taxes, if applicable. All disbursements made by the Agency on your behalf shall be in the form of a loan and must be repaid. This loan shall be secured by a mortgage lien on your residence and by such other obligations as the Agency may require, including a Nole. You will be required to recertify at least annually until your loan is paid in full. Interest shall accrue on all mortgage assistance loan disbursements made by the Agency at the rate of nine (g) percent per annum. You will be required to attend a closing to sign loan documents which will explain the terms of the Mortgage Assistance Loan. We will notify you of the details at a later date. You must comply with this Agency's or the designated Closing ,4genl's attempts to close the loan. Failure to attend the closing may result in the rescission of the loan approval. A closing fee of $300 is charged to all loan recipients and will be incorporated into the loan. Your loan cannot be closed until all required information is received from you, your lender, and your taxing bodies (if applicable). "'SEE ATTACHED PAGE FOR APPROVAL CONDITIONS AND CONTINGENCIES "` HPAPRA ss. # zos-sa-olzl APPROVAL CONDITIONS AND CONTINGENCIE:i: This loan approval is contingent upon your compliance with the procedures established by the Program for loan closings and the specific conditions cited below: If a copy of the complete deed to the subject property (including the legal description) has not already been submitted, it must be submitted now. Processing of your loan cannot be completed wRhout it. If real estate taxes are not escrowed by the lender, you are required to submd any unpaid real estate tax bills to the Agency for payment. If original tax bills are not available, the taxing body may assess a fee for a duplicate bill. If so, the amount will be included in the Mortgage Assistance Loan. All delinquent real estate taxes will be paid unless otherwise noted. Do not submit per capita taxes, occupational taxes, or sewage bills. We will not pay them. YOU MUST MAKE EVERY EFFORT TO ATTEND THE SCHEDULED CLOSING ON THE SPECIFIED DATE AND TIME. FAILURE TO DO SO WITH THE REQUIRED FUNDS MAY RESULT IN THE RESCISSION OF THE LOAN APPROVAL. You must notify us of any changes in your phone number, address and financial circumstances. Please include your social security number on all correspondence submitted. IF YOU ARE NO LONGER IN NEED OF THIS LOAN, WE MUST BE NOFIFIED IN WRITING IMMEDIATELY. The Agency's disbursement of funds will reinstate the account(s) through 06/30/2003. You will be responsible for monthly payments effective 07/01!2003 and thereaker. Failure to have the required contribution and submit it at closing could result in the Agency rescinding your loan approval. Your recertific lion (a revie of your financial circumstances) will be due in this office no later t n 7/31/20 .You must comply wRh the recert~cetion request upon receipt. `~-~ Homeowner is required to pay $100 . 0 toward the deli ency at loan closing. Homeowner is required to begin repayment of this loan t $85.0 er month following loan closing. Sincerely, THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program HPAPRA IN RE Wright. Jamaa f0 i WrlOh1. Amv L. -_ Csae NO. 1-03-00471 Darts(^) SCHEDULE A -REAL PROPERTY Except r diroobd bebw, Iiat a0 rsi popsty in whkh the dabtar hr ry Yp1, agoitabM, ar /Wee iotarap. ioahtdiD{ ~ l~Y owned r a ooteeaet, aammwary lY. or la which the de6lor hr • GA shr. Lohde aq proprq~ m which the dabbr haWa ridda aed pwras earaiaalda fa th. tldNOl'a owa berflt. ffthe dabmr ~ m~rle4 state whedMr laMbaad. wir, s balk owe the ICY by VieOmi a'H' fr Huabad.'W" Lar Wib„'T for Joie(. ar "C' for Come•dlY Inaba aoham labeled "HW1C." ffihe debbr holds no ieY[st in tad prryapy, wrir'Nane' ~odr'Dra4tion rd I.roa4m of Propaq^. Dona include 6nereau in aNeoutay aae4ada and esexpiad (ears mme.ah.dol.. [ipihse a Bo1MduM O - Ex.wlry Contaw and Une~ved Issas. ff w etdily oWeu r have a Gen orhdd s aewuly idrwt r any propeety, ppe the amuml afms asosed dam. Bee 8ohedule D. ff m achy ohim-r 6dd • neared iaw.et in the pspaly, write "Naas' b the aohmm labeled "Amour a[8aourad Claim". ffthe detdora m iedividual r R aloiat peUdm i(fled. par the amauM of any exemptlm claimed b the property ady b Schedule c - PtopeKY f~aimed r Exemp. DeaCdIYaDN AND LOCATION OP raDPnaiY NATURE Dr Derrota nrraa-ard PROPaRiCY H M I C tvar~+rMAaxxf VALUE CP Dd@ICR'a drum deawnrr tmTYDVr DaDUC[dO ANYaYLVa®CWNOR W®IR710N AMdMI'dascuaeD CWM 1302 Carlisle Road, Camp HIII, PA 17011 Fw Simple J 00,000.00 104,016.OY a K tl 0 iClllDlllE A-aaAl FllOaFJtTY = EXHIBIT ~ E -~ ~rarnL oo,aoo.oo (ltaparl abo m BumroMy of &beduka) IN RE Wfl~hG James B 3 Wflaht AmY L _ Case NO. 1-03-08471 De61a(d SCiH_EDULE D -CREDITORS HOLDING SECURED CLAIMS Slate iheYm4 maaiDa addfeaa iaoludiaa 2lp erode, Yd aooeuot Dlaabet, Ir ally, of as eelitir holdiea Olahaa aeaead by property dtha da61Y Y dlk0 dap of ~i ofihe pAitioa ILt atedYora hoNinaalltypa ofaaomad oueem auahu jDdpnam liea. pamia~a, a4tieay aeea, eoartppea deeb orteua4 and alha aaolakyidYaaa. lial oreditaa is alph.betioY mist to ale aatem pradiwbk. a•aa oared omditola wia Dd fit m thi paeq uo the ooetinWien ahaet provided. IP any eDtitY other than a apowe in a joint we msy be joieay DJIk m a daiq t~ m "X' b the mMllm kbelad "CedeDiM, kehde the adily m tW +ppopire schedule of'creditola, and oompkta 8aheduk x . Codebtaa. IPa joint petition is Fibd, Halo whal6er hmhmd~ vd0. both of ~ a the martial oemmlwky way he Wbk m e.ah da®by P~ka m "H ;"W","T, or'C^. roaPeotively, b the aoll®LfNded'HR']C." leth. claim is ooelingmr, plain m "X" in the eollaaD I.beled "ceetinpel". HTh. otaon u unalplWYed, Pia Y "X" is the mhmt labeled "Uetiquidaad". IFth. ckiw u deputed, plane Y'X" nthe mhlm labeled "I%apuled". (Yin may mad b plain Y "X" in mare tlan me eftheaelhns oohlmm.) Repon the taW of all ela®a Bald m this acbedub in the boll labeled "'rdaN m the ld allael of the mmplalad Yhedula Regan Thin 0ota1 alto m the Summary of 8obedulu. ^ Check this box if debtor has no creditoB hokling encored claims to report on this Sch~llk: D. U C N AMOIMI'OP OaM C O L D YTn1alR pmKTmO O N 1 1 VAt.UBO-C011AraAL l1aDRCR'a NAL1H AND MNLINOADORYB D 8 H w DATE CLAiM WAa INf]11a1aD NA71D180F WNANDD6PCa1PP10NAMIl1AaY6T VALU80P T 1 N U U I a P U ................................. INCLIICINOLPf%1D8 B T 1 C PaOP6aTY NYaCI'TD IWBN O D r D s w a t1NYwaeDPOanoN,m a N 7 D wNY r s D Aaoount lYa 0004061736 J Mortgage on reeWenw d 131D2 Carlisle Falrbanke Capital Co/poratlon Road, Camp HIII 104,048.BD Loan ServiainD Center •__•__.••.•. ............ P O BOX 561170 FL 32255 1170 llN - Jaeksonv , Vdw S D0,000.00 14,048.BD gooount 1Jo. H PufchaN of various tools fd~ husbsnd'e Mac Toole Lesisr L. Oross employment 118 00 700 Mickelvey Road : ..- ................ Dauphin, PA 17018 Valor S 118.00 Account xa 2246 H Purohew of tools for husbenid'a Mattm Tools empoyment. ~'0~ ~ David R. Rainmaker ••••••••••••••••• ~ 340 New Bloomfield Rd. Mld PA 17020 N Bl , ew oom value S 2,034.00 Acwunl xo. J Lien On 1D86 Cadillac Sun Motors 1,000.00 444 CafllsU Pike .---•----....... ............ Mechanitxbury, PA 17055 valor s 1,000.00 Aaoalat tie 6861023D06 J Lbn on 2002 Merwdes Wtrypoint Bank 21,810.20 7DBE Slmpson ............................_... MwhsnlwburD, PA 17068 Va1wS 20,000.00 1,616.26 SubWW 0 Continuation Shlxb atfaclted (total of Otis page) 12D,014.D8 (Compile only tin last abet of Schedule D) TOTAL 12D,014.D6 Y tl 0 (RaPoa taW aio m su®ry d 8ohe81M) tlexcDUUO•aaetxroaa IN RE Wright, Jamaa B b WrIaM Amy L _ Case No. 1-03-06471 De6ta(^) SCHEDULE E -CREDITORS HOLDING UNSECURED PRIORITY CLAIMS (Continuation 5htet) Taxes and Other Certain Debts Owed to Govenomental Ugits u C C O N L D ~~. D N I t OPCWA( CaHDRQHNMffi ANDLWLIND A1H1aH88 DICLUDINOZIl CDDB D H H H N 1 DATBCWMWM DN]1HHHD .WDCDNaDBMTION Pd1OdDA T 1 N Q U 1 a P U „ ............................... T a C D H D A T 8 MIUINTHNTII'I.HD H N T D TD PIUORD'Y T 8 D Acow+ot Na 013.000813 J 2003 Raal Estate TaXM Bonnie K. MIINr,Tnasunr 378.78 1883 Hummsl Avanua •• ............................... Camp HIII, PA 17011 378.78 Acuwmtxa Bill No. 10183 W 2003 Paraanal Tax Bonnie K. Mlllar,Traasunr 44.00 1883 HummN Avanw .......-~-~---~~-- .............. Camp HIII, PA 17011 44.00 AowuotNa BIII No. 10189 H 2003 Panonal Tax Bonnla K. Millar,Traasunr 44.00 1883 HummN Awnw ---~~ ............................ Camp HIII, PA 17011 44.00 aooouat No. ID 1160088878 W 2002 CouJlty and Twp. Par Capita Tax Cumbsrland County Tax - C/O 81.60 Donld C. Donagher, Jr., Inc. ................................. P O BOX 886 Harrlaburp, PA 17108-0888 61.60 Aoowmt xo. ID / 80088877 H 2002 County and Twp. Par CrpKa Tax CumWrland County Tax - C!O 81.60 Donld C. Donapha-, Jr., Ina. ...........................~--~-- P OBOX 888 Harrisbu-8, PA 17108-0888 61.60 Acoauet Na 468082 H Wsat 8htare SD(Lrnnr Albn) tax. Statawlds Tax Raaovary, Ins. 25.E p O BOX 762 ................................. Sunbury, PA 17801 23.60 SubNtal Sheet 1 of 2 ContiDUdioa Sheds attached to Schedule E (Total of this page) 814.28 (Compleoe only on last sheet of Schedule E) TOTAL c 0 aDNeouLHe. EXHIBIT E-L (sepal talal aLo m gunanry of Sehe~la) IN RE WrlOht. Jam~a B i Wdnht Amy L _ _,_,,,,. Case No. 1-03-0681 nettuKe) SCHEDULE E -CREDITORS HOLDING UNSEC[JRE]D PRIORITY CLAIMS (Continuation Sheet) Tara and Other Certain Debts Owed to Govennmental Uniq (T)pdPri~yj V C N TCGL AMCUNI' C N ~ ~ DPCWN ~ D N T p e CIIaDRtlI'BNABaI AND 6/AIllN6Am11B86 6 W DATE CLAM WAr DILV1716D I N U i P U ................................. INCLUDINOZIP CCDB B 7 ANDCONBmBMT10N PDa D.AQA O D T T D C 8 A H A687UNT rN1'IrfeD B N T D TO PBWMY T e D ,>~t No. oar a6ooeo W Want Shon SD (Lovrar Allanl~ tax. Statarvvlda Talc Rawwry, lnc. 23.60 P O BOX 762 ................................. Sunbury, PA 17801 23.60 Aooaunt No. AooamtNo. ................................. Acaonat No. ................................. Aooouot Na. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aooount No. Subtotal Sheet 2 of 2 ConfiDUation Sheets sttaclled to Schedule E (focal of Olio page) 23.50 (Con7plete only on Lst sheet of Schedule E) TOTAL 837.78 8 s L 4 bpd A 0 (Nepattatal BLo m Sumrory of 8ohdulae) acllaoul e r -easonats NOLOBMB uraaeuam raloam ewes IN RE Wd9ht Jamg B 3 Wrloh4 Amv L _ CaseNo. 1-03-06471 D.uo.p) SCHEDULE F -CREDITORS HOLDING UNSECURED DIONPRIORITY CLAIMS State the same, etdheg addnu, ioobtdio{z+P Dods, and aamms medter, iraey, deb eelNir hoWiegwaotnd dabna vdiald prlrib~ apmatie debtor aria proprly dthe debtor. r die dtr d Nilg d the pelilioa Do eat imlude olalma Wted ie SahaAdw D rd H g' a0 vadbm .viS sd l<mlhie pap. tw the aantitaulim wheel ~ H oydmtily othx Uun . apouze In a joist aw my 6e jomny IIBbk m a ol~m, pV~ma hM~d ~L6ebai dim4 ar the mrYal~oammmitymsy~te acheduk danxlitan, wad oompbN SahaduM H - CodeMma. 1r a join patiem Nod, m euh daim by Pima atl "H","W"; P, a "C", mpealivaly. o ie oollem lahdd "HW]C.' Hthe cl.:n h aaedngan, plain m "7(" ie the ooh® l.beled "Cmlioeeet". Irthc alaimr ueUquW Wd, vlrr o "X" in tM mbtm lahsW "IlBtiquidated^. Hie claim is dupuW, plre a'X" o the oobmn labsled "Diaplead". (Yin auy need m plus ae "X" ie mon tlrt Dee arthrethrr oobmHa.) Repot total da3 ateivta Wted m thin aohedub iethe twz labekd'Tdal" m the Irl aMet dthe canpleled rohadule. Aeponila tahl aLo m the 8lenmvy d3dledulaa. ^ Check this box if debtor has np creditor hoklirlg tulsecured Dolrpriority chlitns tD try~ort oD this Sthedule F. u C N C o N L I D 1 LRHDRCH'BNA~AND tMILIND ACO0.HBr D O B H H M 1 DATB G.AIM MABMl71tDIHDAND CONBI[IaRA710N PDHMDa rO BfAT6 @CLNMIB la1BIHC1'7t)tl6rOn~ T I Q V B ! Dl l7.aDd D1CLl1IBNDLP Clx1a T C , O D T D H B N A T H D T 8 D AaaamtNo.A0912144928901000000 W AtiT C!O NCO Flnanclal Systems, Ino. P O Box 41417 Dept. 99 Phllttdelphle, PA 19101 ~.~ AesIQnN w other notlllcatbn for: Acoountxa. t I l 8 ys eme, nc. At3T GO NCO Flnencts NCO Fln. Systems P O BOX 41467 Phlladelphls, PA 19101-1457 AcromlNa 2202983431 H AT3T Wlnkue POBox129 Newark, NJ 07101-0129 939.52 AoamatNo. W Batter Homes And Garden Bllllnp Canbr 1718 Locust Street Das Molnes, IA 503093023 22.00 AcoomtNo.0961M20051-0T J Comcast 4601 Bmkh St Harrlsburp, PA 17109 29d.09 SubWtal 5 Cmttinuetion ShaefH dtechad (Total of thiB page) 1,242.01 (CtHnpkte only on Lot Bled of 3cheAtle F) TOTAL s E tl 0 (Repast toW ako m enmmry d3ohedulr) tlcltwuu r-est~lroaa tttxdND txuscus®twHPtaDltm aorta IN RE WrioM Jamg B 3 WHaht, Amv L _ Ceae No. 1-03-08471 CWta(r) SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS (Continuation Sheet) V C N L, D 0 N L I D I p{gpmY'BNA1#6 AND MAILINGADDxg^^ D 8 ^ N W 7 DATE CLAW MA6INNM8DAND CDNIg[a^ATION PORQ.ADA @CU^1Y al^@(.TTD YSIDPI~, sD^rAT^ T 7 Q U 8 - AMDUNr OP (]A,D( 1lIC111DDiGZtr CGDB T C G D T D x g N A T 8 D T H D Aemmt No. 847282408 W CraRer's Chobe Customer 8ervk~ P O Box Moo Camp Hlll, PA 17012$400 17.M Aaoamt No. J 1/2003 tultloM Emmanwl Baptist Churoh And Chrisdan Academy 4881 E. Trlndkf Road Mechanicsburg, PA 17050 330.00 Acmuntxo.4731.8004j486.9807 W Flat National Bank O} Merin P o Box cools La AngelN, CA 80080-0015 782.M AcoemtNa J Freddle's Furnltun 47 N. Progrou Avenw Harristwrp, PA 17109 1,862.!18 AooountNo. AsiignN tR other notHkaOGM }Or: ' Henderson wan i Aasoa., Inc. s Fumitun Fnddie POBOX11g Hershey, PA 17033 Acmunl No.31988 H Heritage Ding. Center P O Box 3358 Camp Hill, PA 17001-0389 172.83 AooamtNo.82428 H Hertage Med.Orp Lab P O Bax 808 Camp HIII, PA 17001-0800 48.81 Stil#otal Shit 1 of 6 CmtiDUdios 9hmts sttaclnd to 9ebedule F (ToW of this ps6e) 9,306.08 (Cmtpleh only on lae~t t(met of Scht~tle F) TOTAL s tl O (N^pat toW ^Lo m Summry oP eohsdulw) sctt^wu r -e^ronats NOI.MNa uNSwuaw xoNrnan~n otAr^ IN RE WrlOht James B b WNaht AmY L __ Case No. 1-03-08471 nebtap) SCHEDULE F - CREDITORS HOLDING UNSECURED TIONPRIORITY CLAIMS (Continuation Shed) C u N C D N L I D 1 CRBdTDR9 NA/dB AN11NNI]NDAmR8B8 D D 8 8 N W 1 DAT6CWMWA81d41888D ANDCQlBmBMTIQIPOB Q.AD( gCf.~W lraNaLT TO gg10PP'. a]arATB T 1 Q U 8 P ~~DP aAp,I DfCLUDINGZV CODs T C G D T D g g N A T B D T 8 D AooameNo.21258500 H Holy Spirit Hwpital 503 N. 21d Strad Camp Hill, PA 17011-2280 166.40 Aoaowlt No. 1012000 W Joseph A. tisnsbiglsr, D.D.S. 40 N. 38th Street Camp Hill, PA 17011-2708 100.00 Amwnt Na 1030040-0 J Lover Allan Township 1D83 Hummmal Avanw Camp Hill, PA 17011 322.78 AeoouBt No. ywp20864012100 H Nephrolopy Asaoe. O1 CanGN Pa Ine. POBox2 Camp Hill, PA 17011 272.00 AowuntNo. 24-1286551.1 J Pa Amarkan Watsr P O BOX 575 Alton, IL 82002-0678 1,381.85 Acooune No. 29600 H 06NBM>,1 PA O.I. ConsulUnts PC 889 Poplar Church Rood Camp Hill, PA 17011-2206 41.05 Aaaouot Nn 35545 H Pa Nsuro Asac Ltd 110 Lowther St. Lemoyne, PA 1704.1 22.00 SuMDhI Sheet 2 of 6 Caltinuafloo SheaL attached to Schedule F (Total of this page) 2.306.08 (Cmlplete oDly on Let BYleet of Schedule F) TOTAL 8 c yL Sg gtl R 0 (RepaR toW tYo m 8ummuy ~'Sche~le~) BCN80ULE r • ealDReaa MDLDIIq UNe8CD11eD NdIM10RITT CIAWa IN RE Wri4ht James B i Wrlp,MyAmY L ~ Ca6eNo. 7-09-06471 DBhla(^) SCHEDULE F -CREDITORS HOLDING UNSECURED DiONPRIORiTY CLAIMS (Continuation Sheet) u C C O N L D CAHDT[OB4 NAta AND NiVLMO ADDB888 D D 8 B N W I OATBCWMWAB BR]IBBBDAND WINRaM710NPDR CLADt flCLADIn tDBiHCi TO de'1'Or!', a)RATB N T I I ~ I B r AMDUNP DPCLABA 3NCGIDINOm CODB i C D D T D a B N A T H D T B D Acaolmt No. 923579134 W oolNotlon for Sprlnt Park Damn 113 W. Third Avenue P O Box 248 Oaatonle, NC 28063 88.70 Aoooust Na 6771333 H Penn Pro i Asoc. Ina. 95 James Way sole 119 South Hampton, PA 18968 5,000.00 AaaowltNa J Docket No. CV-1028-03 Pennawood Apt. CIO Jspsr Mymt 2000 Maplewood Drive Maple Shade, NJ 08052 4,084.10 poodultxo. Aulpnse or other notifleation for: Pennswood Apt. C/0 Japer AAymt District Juatiw Marsha Stewart 1520 Walnut Street Harriafwrp, PA 17103 AcaamtNo.223627787 W 03/'!0/03 Pinnacle Health Hospitals P O BOX 2363 Harrisburg, PA 17105 60.OD Aooouot No. 223640046 H Plnnaale Health Hospifaht P O BOX 2369 Harrlaburp, PA 17105 18.13 paalBtNa.223407804 W 10I2910Z Pinnacle Health Hospitals P O BOX 2369 Harrisburg, PA 17106 94.00 SnbtDid Sheet 3 of 5 CcetiawUon Sheets attncbed to Schedule F (Total of tbie page) 9,992.93 (Canol~ oAy on Lel shed of Schedule F) TOTAL L I g~ R 0 (Begat ton/ aMo m 8ummvS oPSohedula) BCNlDULE r. C116DIiDM NDLDINa uNBraun® IIOIa'1lIOI1RY aLAlw INRE WrI,pM James B 4: Wrlght Amy L - ~ Case No. 1-03-06471 Dahtu(^) SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORTTY CLAIMS (Continuttiao Sheet) C U N L, C O N L I O 1 caHOnatreNA/~ANDe1AI1]NQAmHH88 o B B x w 1 DATHCI.AIMwABINQ1HpBDANDCQiHQaMTIW1WeC1.AUA @CLA1Mg8UBIBCTTO elTOPP,aD H[AT8 T I Q V e e AI,Iq~CpCf.AW M~pN0Z1r CODB T C O D T C B N A T H D T H D paoouaexo. Asslg~ or other nollflcatlan ror: PlnnacN Heskh Hospitals AceouMS Recovery Bureau, Inc. P O Box 8788 Wyomissing, PA 19810-0788 AeeouotNo.983818 J 03108!09 - ssrvka for ohlW I:hsvez Wrlpht Pinnacle Health Hosptals P O BOX 2353 Harrlsburp, PA 17105 910.00 Aooowltxa6887 H 08/19k19 Poplar Church Anesthesia 899 Poplar Church Road Camp HIII, PA 17011 960.00 Aooowe xa 42280-77018 J PPSJ- Co. 827 Hausman Road Allentown, PA 18104-0992 1,777.57 noeoHne xo. Assipnw or otMr notlMcatiDin ror: PPBL Co. PP3L Co. Two N. Ninth St. Allentown, PA 18101-1175 AoaowltNa6470S8A99 W 04/27!02 OuaMum Imspinp 8 Therepeutlo BIIIinp Ofllce I A93 2527 Cranberry Highway Wareham, MA 025713010 45.00 AooountNa 218191687524 J U61 Utilkles, Inc. P O BOX 13009 Reading, PA 19612300Y 785.76 Subtotd Sheet 4 of 5 Cootiauetioa Sheals a<lached to SDhadde F (total ofihie page) 3,248.93 (Complete wly oD Let Bl10Gt of Schedlile Fy TOTAL 6 E tlg R 0 (Repave tohl alw an almlmeY pteehe~in) seNenu~a r-caeomNla NoedNO uNarouasD Noxrawam etAaea IN RE Wri(~htiJames B b Wriaht Amv 4 _ Case No. 1-09.08471 Pe6tup) SCHEDULE F -CREDITORS HOLDING UNSECURED NOIdPRIORITY CLAIMS (Continuation Sheet) u c N C D N L I D I C$HDRptY NAMH AND MAILHxiADD1IH66 D D 8 H W DATHCWMWAt1NNYHDANDCRIHIUBMTIQI POR CLAM ' ' T I N Q U 1 H P U AMDUM'~CLAHA MCLUGNOZIP CDDH H 1 TO HCTOFl?.HO 61 ATB HrCLAM I9 a1NHC1 O D T T D C H A 8 H N T T 8 D D AH~HntND.Tm9Teaa7t~aeov J W rizon P O Box 2800 Lehlyh Valley, PA 18002-0000 unknown AcoouDtNo. 8944 N Watkln Freshman Nipple POBox 710 Camp HIII, PA 17001-0710 27.88 AcoouDt No. AooouM Na. Account No. Aoaoud No. Aooount No. Subtotal Shcet 6 of 8 Coetionaation 86eka etfechal to Schedule F (Totd of this page) 27.88 (Complete only on lent Bleat of 3clsxtule F) TOTAL 19,481.29 H c >! 4 d 0 (aapHt W W Yq an SumDUy d 8ohe8~ln) >reNeouLC P -excDndts NoLOSa tu+H000Rta Nowlexwm CLAIMa '1B.'Nature, bafloo and same of bualnaa N01 a.Ifthedebtoriemiadrvidllal,hstihenames,addresses.TmtpayQldaltificatwaawdlaa,lWweofthebumleaxs,aodbegaminBendaWa~aeme of ell tNlaineaara in which the debtor was an officer, director. partxr, or manaBiaB esOCehv6 of a colpolation, pal4twsltip, eok propridolahip, or wu a aelfanployed profeaaioaal within the ale yeas immediately preceding the eoannmcement of this case, or in which the debtor owned 5 percent or mote of the voting or equity aecuritia within the ale yaan immediately pteaeding the co~mcaneat of this case. Iftlu debtor is apalmelship, list the names, eddrease; taxpayerideatifw,atioa numbers, nature ofthe busiltuaes, and begilm'utg and endutg data of all buauleasm in whirh the debtorwas apartoer or owned 5 penxnt otmoro ofthe voting of equity eecuritke, within tlfe sls yeah immediately pmeading the commeocmmt of this case. Ifthe debtor is a wrpolation, lirt the aemea, eddaraaea. taxpayer identification aumban, nature of the busineaem, sod beginning and ending detm ofall buaineases is which the debtor wua partner Drowned S pelceot ormolu of the voting orequity aecluities wifhiatlu ale yan immedierely proceding the commencement of due cue. b. Identity any busitees listed in tapome to aubdivisbn a, abovq flat is'biagle aaaet neat asfate" as del3md in I1 U.S.C.;101. [Ijcompleted by an ladlvldeal or Indlvldltal and spouse) I declare tulderpetmlty of perJury thatI Lave lead the anawere contained inthe foregoirys afatemert offmaltcial affnira and arty tlmchmelYs thereto a»d that they are true and wrrect. Date: _........1.L....~~Y._~~.'zx......_....._..._ Sigmullre of Debtor Jamsa B. WrIpM ~ v ~~ Date: ! j ~ 'L ~l ~!i~, Sigmhlla ~ of Joirt Debtor ,~ Amy L Wrlpbt (~~Y) _,,,,,,~ ooatlnlaHon pages ettachecl Penalty for making a false statsment.• Fr»e ojup !b SSOO,tM(1 or Impriso»nrs»tfor lyo to S years or both. l8 U.S.C. § 132 and 3571. .,~neapaornatwouu.wraMa 's EXHIBIT E -3 IN RE WriahR Jamg B f. WrIOM Amv L __ ~„ Ceae No. 1-07.08471 Detsar(^) DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PER]URY HY -dDTVIDUAL DEBTOR I declare uakr penalty of pagnry that I have road the foregoing summary and acbeduk~s, consisting of 20 alteeb, and that J trod m.eoe.drrn W 0 they ate trrre and correct to the bast of my ]mowledge, infornratiaR ~ b~~/` Date: L~ a °/-y3 Sigrreture: Date: /~ - ~ y- U 3 Sigrmture: y L. [If joint case, both spouses mr& sign] CERTIFICATION AND SIGNATURE OFNON-ATTORNEY BANKRUPTCY ]PETITION PREPARER (See 11 U.S.C. $ 110) I certify that I am a bantauptey petition prepare[ as defined in 11 U.S.C. $110, that I proPared thin document for compeneado4 and that I have provided the debtor with a copy of this document. pYfadariyptlNma[Be6WYry he'lw~PnPra roW 6~wtyNe. Names and Social Security cambers of aU arbor individuals who prepared or assisted inpreparing tlds document: If more than one person prepared thin document, attach additional signed sheets eord'orming to the appropriate Official Form for each person 1 tl 0 Slp W ve e[B.~Yrvpmy PtMm Nepr. A 6anbwpteypeti0on preparsr'sja/lars to oamplyw/dr the provtslon ojtlHe Il and the Fsderal RnksojBanbvptcyProcedarssmayrswlt in fines or /mprlsonment or both. II USC. § IIO; 18 U.SC. § l56. DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP I, the ..............._._..........._...._......._.._.....__.................._..._....__.........._... (the presider4 or other a~Car or an authorized agent of the corporation or a member or an authorized agent of the partnership) of the....-.._ ........................_._...........~....._.. _.............................._............................................._....._ (corpore6on or partnership) netaed u debtor in this case, declare under pemlty of perjury that I have read the forogoing srrrurr>arY aal schedrdo& consisting of........._.__......_.....__.. . ~ that they art true and correct to the best of my lmowledge, information, and belief. trodao.eoR.mrwovdu Date: Signature: (P*«eo.n,.etwiw.~:o+~s mersre<ruoe [An individual signing on behalf of a parmetship or corporation drat irdtcate position or relationship to debtor.] re.arr rar arrYS . hre astareat m oo.er4a srsr«as. rn.e.rus a a3ssAaa «~ Igrtwr.eet rar.)t to s r..n ar ear. Ia O.aC. if 1al ui 3srr. oEaM~raa aoncaraao oeerara aen®uua UNITED STATES BANKRUPTCY COUR IDLE DISTRICT OF PENNSYLVANIA PROOF~OF ~~_ r CLAIM~~,,^~~sJ Name of Debtors: James B. Wright and Amy L. Wright CaSE? Number 1-03-06471 IMDF) 5 SPACE IS FOR NOTE This form should not be used to"make a claim far an'a~dministratlve expErnse ar"I`sing aerh13 ~ .~ USE ONLY commencement of the case A request for payment of'ar~administrativ 11 U.S.C. 5 503: rM '' xa dun~fs'~ 1 .,. +~t, ~~^%"~w T". 4V. e exl se a may be ptir5uaO t ~t;,~ x~. Name of Creditor (The person or other entity to whom the debtors ^ Check box if you are aware that owe money or property): Fairbanks Capital Corporation anyone else has filed a proof of Loan Servicing Center claim relating to our claim. MC240 Attach copy of statement giving 3815 Southwest Temple, Salt Lake City, UT 84115-4412 particulars. ^ Check box if you have never received any notices from the Name and address where notices should be sent: bankruptcy court in this case. THE LAW OFFICES OF BARBARA A. FEIN, P.C. ^ Check box if the address differs Barbara A. Fein, Esquire from the address on the Kristen J. DiPa^lo, Esquire envelope Sent to you by the 425 Commerce Drive, Suite 100, Fort Washington, PA 19034 court. Telephone number: 12151 653-7450 Account or other number by which creditor identifies debtors: Check here ^ replaces 0004051728 if this claim ^ amends a previously filed claim, dated: 1. Ba5i5 for Claim ^ Retiree benefits as defined In 11 U.S.C. § 1114(a) ^ Goods sold ^ Wages, salaries, and corripensation (fill out below) ^ Services performed O Money loaned Your SS y: -__- ^ Personal injury/wrongful death Unpaid compensation for services performed ^ Taxes ^ Other from to_ motel mate) 2. Date debt was incurred: November 5, 2002 3. I'F court judgment, date obtained: 4. Total Amount of Clatm at Time Case Filed: S 112.711.87 If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below. D Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges. 5. Secured Claim. 6. IJnsecuretl priority Claim. D Check this box if your claim is secured by collateral )including a ^ Check this box if you have an unsecured priority claim right Of setoff). Amount entitled tO priority $ Brief Description of Collateral: Specify the priority of the claim: Q Real Estate ^MOLOr VehlCle ^ wages,salaries, or commissions lup to 590001', earned within 900ays ^ Other before filing of the bankrup[ty petition or cessation of the debtors business, wnlchever Is eanler ~ N US.C. 4 sW1a113). 711 87 Value of COllatefaL$ 112 ^ contributions to an employee benefl[plan-tt us.t.45mlaum. . . ^ Up [p $1,800' Of deposits tOWartl purCnaSe, lease, bf fental Of property or s¢NIC¢s for personal, family, Or nouseh0ltl use ~ 17 U.S.C. Amount df arrearage and other charges at time case filed included § sbnausl. If any: $ B 335.62 In secured claim ^ Alimony, maintenance, or support owed to a spouse, former spouse, , or cnilo ~+~ us.c. § smla~rn. ^ Taxes or pe0alkles owed to governmental units-tt U.S.C. § SWlallal. ^ Other-5petlfy applicable paragraph of tt LLS.C. §sWlall_I. 'Amounts are subj¢c[ tp atllVStmenfs pn MiFJH app ¢ven 3 years tbefeaftC! w¢n r¢spect to cases cbmmeppetl On a after Ch¢ date of atlJVStmenC. 7. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of This Space is for making this proof of claim. Court Use Only 8. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purch orders, invoices, itemized statements of running accounts, contracts, cour[judgments, mortgages, C1! I~IL ® i'iam~ur9. PA . Security agreements, aptl evidence Of perfection Of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the T7±y~ A.M. - P documents are not available, explain. If the documents are voluminous, attach a summary. 9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, sel i f f l i ~! ~ 4 ~Aa f 6UYJ s proo o c a m. addressed envelope and copy of th vl Date Sign and print the name.antl title, if any, of the creditor or other person authorize to __ November 12, file this claim (attach copy QR power,of attq~rney, If any): Cleric S anfcrup§ay Coarl 2003 BY: - / ~ -""' Per Ueptn U Kflsteh J. DiPaoq~ESgUire, Attorney for the Mortgagee Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. § 152 and 3571 s E HIBIT ~ ~` In re: James B. Wright and Amy L. Wright Case No. 1-03-06471 (MDF) ITEMIZATION OF AMOUNTS DUE AND OWING TO CREDITOR FAIRBANKS CAPITAL CORPORATION THROUGH OCTOBER 30, 2003 AMOUNT TO BE PAID INSIDE THE PLAN (PRE-PETITION ARREARS): Nine (9) monthly mortgage payments of $874.57, from February 1, 2003 through October 30, 2003 $7,871.13 Broker's Price Opinions/Appraisal Costs 105.00 Miscellaneous Expenses 9.85 Additional accrued Late Charges from previously delinquent payments 349.84 TOTAL PRE-PETITION AMOUNT REQUIRED TO CURE ACCUMULATED MORTGAGE ARREARS ........................ $8,335.82 "A-1" In re: James B. Wright and Amy L. Wright Case No. 1-03-06471 (MDF) ITEMIZATION OF AMOUNTS DUE AND OWING TO CREDITOR FAIRBANKS CAPITAL CORPORATION THROUGH OCTOBER 30, 2003 Pay-Off Amount Due and Owing: Principal Balance $104,048.69 Interest due through October 30, 2003 8,198.49 Broker's Price Opinions/Appraisal Costs 105.00 Miscellaneous Expenses 9.85 Additional accrued Late Charges from previously delinquent payments 349.84 TOTAL PAY-OFF AMOUNT REQUIRED ................................. $112,711.87 In the event that these Debtors elect to propose apay-off Plan, andl not an arrearage plan, then the Debtors are obligated to propose a Plan which provides for accumulated intere;st amortized over the life of the Plan at the Note Rate of 9.49%, and for the direct payment of County, School and Real Estate taxes and hazard insurance premiums, with proof of payment to be promptly submitted. to the Mortgagee. Failure to provide for these provisions may result in this Mortgagee's obligation to object to any proposed Plan made by these Debtors. EXHIBIT "A-2" USBC PAM -LIVE - V2.5 -Docket Report Page 1 of 6 CLAIMS, CREDS, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-06471-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset James B Wright 1302 Carlisle Road Camp Hill, PA 17011 SSN: xxx-xx-0121 Debtor Amy L Wright 1302 Carlisle Road Camp Hill, PA 17011 SSN: xxx-xx-7038 Joiut Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. U.S. Trustee Filing Date ~ # 10/31 /2003 1 Date Filed: 10/31/2003 Date Terminated: 05/07/2004 Date Dismissed: 05/07/2004 represented by Lawrence G. Frank, Esq 2023 North Second Street Harrisburg, PA 17102 717 234-7455 represents;d by Lawrence G. Frank, Esq (See above for address) Doch:et Text Chapter 13 Voluntary Petition Missing Summary of Schedules, Schedules A-J, Statement of Financial Affairs, Statement of Attorney Compensation, Chapter 13 Plna, and Mailing Matrix. Filing fee due in the amount of $ 185.00 XHfBiT ~'~ USBC PAM -LIVE - V2.5 -Docket Report Page 2 of 6 Filed by Lawrence G. Frank Esq on behalf of James B Wright, Amy L Wright. (DP) (Entered: 10/31/2003) 10/31/2003 Receipt of Voluntary Petition Filing Fee. Receipt Number 601610 Fee Amount $ 185.00 (RE: related document(s)1). (DP) (Entered: 10/31/2003) 10/31/2003 Tentative Date for Meeting oiFCreditors (Case missing matrix or plan). THIS IS SUEtJECT TO CHANGE. 12/18/2003 at 09:00 AM. (DI') (Entered: 10/31/2003) 11/14/2003 2 Entry of Appearance Filed by Kristen J DiPaolo on behalf of Fairbanks Capital Corporation . (DB) (Entered: 11/18/2003) 11/18/2003 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUE3JECT TO CHANGE. 1/15/2004 at 09:00 AM. (DP) (Entered: 11/18/2003) 11/21/2003 3 Motion to Dismiss Case for failure to file Schedules, Statements, Plan, Matrix .Filed by Charles J DeHart, III on November 21, 2003 in the above-captioned case. (RE: related document(s)1 ). Objections due by 12/17/2003. (RCP) (Entered: 11/24/2003) 11/26/2003 4 BNC Certificate of Mailing. ~5ervice Date 11/26/2003. (Related Doc # 3) (Admin.) (Entered: 11/27/2003) 12/03/2003 5 Schedules A-J , Statement of Disclosure of Compensation of Attorney for Debtor , Statement of Financial Affairs , Summary of Schedules Filed by Lawrence G. Frank Esq on behalf of Amy L Wright , James B Wright (RE: related document(s)1 ). (RCP) (Entered: 12/04/2003) 12/03/2003 6 Chapter 13 Plan Filed by Lawrence G. Frank Esq on behalf of Amy L Wright , James B 'Wright (RE: related document (s)1 ). (RCP) (Entered: 12/04/2003) 12/03/2003 7 Matrix filed/Creditor List Uploaded Filed by Lawrence G. Frank Esq on behalf of Amy L Wright , James B Wright (RE: related document(s)1 ). (RCP) (Entered: 12/04/2003) USBC PAM -LIVE - V2.5 -Docket Report Page 3 of 6 12/03/2003 Tentative Date for Meeting oi~ Creditors. THIS IS SUBJECT TO CHANGE. 1/2:2/2004 at 09:00 AM. (RCP) (Entered: 12/04/2003 ) 12/22/2003 8 Request to BNC -Meeting of Creditors. 341(a) meeting to be held on 1/22/2004 at 10:0(1 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th 1F1, 228 Walnut St, Harrisburg, PA Proofs of Claims due by 4/21/2004 Last day to Object to Plan Confirmation 5/21/2004 (DP) (Entered: 12/22/2003) 12/24/2003 9 BNC Certificate of Mailing. >ervice Date 12/24/2003. (Related Doc # 8) (Admin.) (:Entered: 12/25/2003) 12/24/2003 10 BNC Certificate of Mailing. Service Date 12/24/2003. (Related Doc # 8) (Admin.) (Entered: 12/25/2003) 01/27/2004 11 Certification that 341 Meeting of Creditors Not Held (To be rescheduled.) Filed by Charles J DeHart, III. (DP) (Entered: 01/29/2004) 01/29/2004 12 Certification that 341 Meeting of Creditors Rescheduled. 341(a) meeting to be held on 3/4/2004 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. (]JP) (Entered: 01/29/2004) 01/31/2004 13 BNC Certificate of Mailing. ;service Date 01/31/2004. (Related Doc # 12) (Admin.) (Entered: 02/01/2004) 02/05/2004 14 Objection to Confirmation o1'Plan Filed by Nathanael J Byerly of United States Attorney's Office on behalf of United States of America Internal Revenue Service (RE: related document(s)6 ). (KZ) (Entered: 02/06/2004) 02/05/2004 15 Motion to Compel Filing of'Cax Returns Filed by Nathanael J Byerly of Uniteel States Attorney's Office on behalf of United States of America Internal Revenue Service . (KZ) (Entered: 02/(16/2004) 02/05/2004 16 Memorandum in Support of :Motion to Compel Filing of Federal Tax Returns Filed by Nathanael J Byerly of United States Attorney's Office on behalf of United States of America Internal Revenue Service (RE: related document USBC PAM -LIVE - V2.5 -Docket Report Page 4 of 6 (s)[15] ). (KZ) (Entered: 02/06/2004) 02/09/2004 17 Order Granting Motion To Compel (RE: related document (s)[15] ). (KZ) (Entered: 02/09/2004) 02/09/2004 18 Notice to Parties: (RE: related document(s)[14] ). Hearing scheduled for 3/9/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (K:Z) (Entered: 02/09/2004) 02/17/2004 19 Objection to Confirmation of Plan Filed by Kristen J DiPaolo on behalf of Fairbankks Capital Corporation (RE: related document(s)6 ). (KZ) (Entered: 02/17/2004) 02/17/2004 20 Notice to Parties: (RE: related document(s)[19] ). Hearing scheduled for 3/23/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 02/17/2004) 03/01/2004 21 Motion for Relief from Stay, Request for Admissions, Request for Production of Documents and Certificate of Non-concurence. Filing fee due in the amount of $ 150.00 Filed by Kristen J DiPaolo on behalf of Fairbanks Capital Corporation . (KZ) (Entered: 03/01/2004) 03/01/2004 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 605824 Fee Amount: $ 150 (RE: related document (s)[21] ). (KZ) (Entered: 03/(11/2004) 03/02/2004 22 Order (RE: related document(s)[21] ). Answers are due on: 3/17/2004. Hearing scheduled for 3/31/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 03/02/2004) 03/09/2004 23 Proceeding Memo: Hearing Held. Continued at the request of counsel. No further notice is required. (RE: related document(s)[18], [14] ). Hearing rescheduled for 5/11/2004 at 09:00 AM at 3rd & Walnuit Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (JG) (Entered: 03/09/2004) USBC PAM -LIVE - V2.5 -Docket Report Page 5 of 6 03/09/2004 24 Certificate of Service Filed by Kristen J DiPaolo on behalf of Fairbanks Capital Corporation (RE: related document(s) [22], [21] ). (KZ) (Entered: 03/09/2004) 03/11/2004 25 Certification that 341 Meeting of Creditors on 03/04/04 not held 2nd no show. (There is n.o image or paper document associated with this entry.). (dehart, III(ds), Charles) (Entered: 03 / 11 /2004 ) 03/11/2004 26 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Tnistee. Hearing scheduled for 4/8/2004 at 02:00 PM at 3rd ~~ Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Ent:ered: 03/11/2004) 03/15/2004 27 Answer Filed by Lawrence G. Frank Esq on behalf of Amy L Wright , James B Wright (]~E: related document(s)[21] ). (KZ) (Entered: 03/16/2004) 03/22/2004 28 Correspondence filed by Kri:;ten J DiPaolo on behalf of Fairbanks Capital Corporation requesting that hearing be continued to March 31, 2004 at 9:00 a.m. to be heard along with the Motion for Relief from Stay. (RE: related docuxnent(s)[22] ). (JG) (Entered: 03/22/2004) 03/31/2004 29 Proceeding Memo and Order: Hearing held on Objection of Fairbanks Capital to confirmation of Chapter 13 Plan. Objection of Fairbanks Capil:al to Chapter 13 Plan sustained.(Court signed Order lifting the automatic stay.) (RE: related document(s)[19]). (EW) added wording that objection was sustained. Modified on 4/1/2004 (TH). (Entered: 03 /31 /2004) 03/31/2004 30 Proceeding Memo: Hearing :held on Motion of Fairbanks Captial for relief from stay. Court signed order lifting stay. (RE: related document(s)[22], [27], [21]). (EW) (Entered: 03/31/2004) 03/31/2004 31 Corrective Entry: Objection of Fairbanks Capital to Chapter 13 Plan sustained. (RE: related document(s)29). (EW) (Entered: 04/01 /2004) USBC PAM -LIVE - V2.5 -Docket Report Page 6 of 6 04/01/2004 32 Order Granting Motion for Rf;lief from Stay (RE: related document(s)[21] ). (KZ) (Entered: 04/01/2004) 04/15/2004 33 Correspondence from Trustee; re hearing. No appearance for debtor. Case to be dismissed ]Filed by Trustee. (dehart, III (ds), Charles) (Entered: 04/1_'/2004) 05/07/2004 34 Order Granting Motion to Dismiss Case for material default (RE: related document(s)26 ). (KZ) (Entered: 05/07/2004) 05/09/2004 35 BNC Certificate of Mailing. Service Date 05/09/2004. (Related Doc # 34) (Admin.) (Entered: 05/10/2004) 05/10/2004 36 Final Report Filed by Trustee. (dehart, III(ck), Charles) (Entered: OS / 10/2004) IN THE UNITED STATES BANICRUP7'CY .COURT FOR THE MIDDLE DISTRICT OF PEPdNSYLVANIA IN RE: James B. Wright and Amy L. Wright Debtors CHAPTE72 13 Fairbanks Capital Corporation, Movant, v. James B. Wright and Amy L. Wright, ' Respondents- Charles J. DeHart III, Trustee Additional Respondent BANKRUPTCY NO. 1-03-05471 (MDF) 11 U.S.C. §362~~ I @'Ld ORDER /.~~~da of 2004, at the Middle AND NOW, this Y District of Pennsylvania, it is hereby ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Reform Act of 1978 ("The Code"), 11 U.S.C. 362, is modified to allow Fairbanks Capital Corporation, its Successors and Assigns, to proceed with, or to resume proceedings in mortgage foreclosure, including, but not limited to Sheriff's Sale of the "Mortgaged Premises" known as 1302 Carlisle Road, Camplzill, PA 17011; and to take _,.__. b_ -suE or otherwise, in Its owh name or the Name o l.ts action, Y assignee or servicer, to secure possession of said premises. IT IS FURTHER ORDERED that the 10 day stay period under F.R.B.P. Rule 4001(a)(3) is hereby waived and the Movant, its successors in interest and/or assigns may IMMEDIATELY act. upon this Order for Relief for the Automatic Stay- France, U.S.B-J. Movant'=- Attorney: Barbara A. Fein, Esquire 425 Commerce Drier?, Suite 100, sort Washington, PA 19034 Respondents/Debtors: James B. Wright and Amy L. Wright 1302 Carlisle Road, Camp Hill, PA 17011 Frank, Esqu•_,-e Debtors Attorne-_r: Lawrence ~. ua?-ri r*crth cnd strs=_t, sburg, PA 1"''-02 EXHIBIT .a3 --- 's Charles J. DeHart III, Trust°-' p p,p. Box 410, Hummelstown, PA 17036 ~ ~ ~"> v ~~ s<,> ~._ ' c ; -' 1 L-fr i I":~ ~?~ F ~ ('^ ~~~ /~ ., CJ r(?:.7 iL ~~ .. -~ ~r~~i ~.~ , <.; :~ .~- ,-~ ~, THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / LD. No. 53002 Kristen D. Little / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division o Lf ehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capita] Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. File No. 03-10481 Loan No. 0004051728 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term AFFIDAVIT OF SERVICE I, Janet E. Brooks, Paralegal to Bazbaza A. Fein, Esquire, Attorney for the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the Motion for Summary Judgment, togetherwith the supporting Memorandum of Law, its supportingAffidavit and a proposed form of Order, on the Defendants, James B. Wright and Amy E Wright, on October 4, 2004, pursuant to Pennsylvania R.C.P. 440, by certified mail, posl:age pre-paid, and evidenced by the return receipt executed by an employee ofthe Defendant's Attorney Dean F. Piermattei, Esquire, original of which aze attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~^ ~~ BY: et E. Brooks, Pazale;gal - ~- o Barbara A. Fein, Esquire Sppworn to before me this Attorney for Plaintiff 0 ~ day of ~ f~~ 2004. Notarial Seal Jessica McVittie, Notary Public Otary Pllb1iC Upper Dublin Twp., Montgomery County My Commission Ezplres Jan. 1 Y, 2006 ~~ ~ M z ~?+ ,~ i 2 ~ ~.; Dean F, Piermattei, Esquire Rhoads & Sinon, LLP Nazrisbur Mazket Squaze, 12m Fl. 8, PA 17108-1146 yp pppl 2p93~ 5862~""',~`'..,,,=-...,.. ~~ ,~ P _''Tr^rr r~ Y....- t=J ~~ _ S ~ ._. ~.•.. {tea ~_..._, . l ? _ 1 li ~:- _._{ ..~_~ ~'i -,. f l.: f :. l .. 1 _ ,` cli, ~_. 'i? ~ _. J..~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B, WRIGHT and AMY E. WRIGHT, Defendants. File No. 03-10481 Loan No. 0004051728 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.04-1717 Civil Term PRAECIPE TO ENTER CONSENT JUDGMENT IN REM TO THE PROTHONOTARY: Kindly enter the appended Consent Judgment, assessing judgment in rem in the amount of $148,343.52, in favor of Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc., By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., and against the Defendants, James B. Wright and Amy E. Wright. November 3, 2004 THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~.J BY: ~./ Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 Sent By: THE LAW OFFICES OF BARBARA FEIN; 215 653 7454; ..~ LEHMA Lehma By an Servi CapiL v. JAMES AMY £ Oct-b-u4 ~.~~, .,,, IN THE COURT OE COMh70N PLEAS FOR CUMBERLAND CO~JNTY, PENNSYL~IANIA CAPITAL, a Division of Bxathers Holdings Inc, Through Its Loan ng Agent, Fairbanks N0. 04--1717 Civil berm Corp., Plaintiff, . WRIGHT and WRTGHT, Defendants. CONSENT JUDGMCNT BY STIPULATION $ETWEEN PARTIES I~ is hereby stipulated and agreed by and between counsel for the Pl~~intiff, Lehman Capital, and the Defendants, James B. Wright ~~~ that in rem jud meat be entered in the, above and Amly E. Wright, g entitl~d moxtgage foreclosure action against the Defendants and in favor ,~ff the Plaintiff in the amount of $148,343.52. Interest has been calculated at the per diem rate of $26,94 through October I5, 2005. ?h' ICI exchange for the Defendants' consent, Plaintiff agrees to }i ~ waa.ve l~.ts rights to a Deficiency Judgment action against these s`: Defendants. Consen~ed to by: Dated :;; ~' ~~~ FAY : •~~ ~ ~ - 1 f ! , ~ (~ Jame B .right, Defendant .: ~ (. 1 ~; ii ., ~, Dated:,i /~ I 0 BY.: _~~ ~~`-~, -~ - _ _. ;; ~ / ~ Amy Wright, Defendant ,..~ ~' ~:; ~, ::; F:; Dated;; 11 ~ c ~ o c~., BY: ~j ~%~-~"t~.e-L.~s€'~ r..; Dean ~'. PiPrmatteY, Esquire ;~; s~ Attorney ID No. 53847 i ;:; Attorn~:y for the Defendants v ~ ~ ~1 ~ 1 _1 I` GJ '~'~~ C~ "~{ ~`t S ~ '"1.) rp'1 j;;{ ~,i ~.~ :.,~~~ Y i ~~1 :. J~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL, a Division of COURT OF COMMON PLEAS Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., NO. 04-1717 Civil Term Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against James B. Wright and Amy E. Wright, Defendant{s), and real property situated at 1302 Carlisle Road, Township of Lower Allen, Cumberland County, Pennsylvania 17011. AMOUNT DUE $148,343.52 INTEREST FROM November 4, 2004 Through June 7, 2006 14,143.44 SUBTOTAL $162,486.96 COSTS TO BE ADDED THE LAW OFFICES OF BARBARA .FEIN, P.C. BY: c~.boc_.c.~~ ~~ . Barbara A. Fein, Esquire Attorney LD. No. 53002 425 Commerce Drive, S ite 100 Fort Washington, PA. 19034 (215)653-7450 C` ~- ~~--- "' ~ r.C ..~ (\~ ~ ~ Y ~ 1~ f ~ to~ ~ ~w i -.cy -4a, w ~ ~ ur ~ ~ ~ '~ P ~,,, ~,~ p. ~ 4 ,~, p p p o p fi O c,~ O C v- o ~ ~ ~ , ~ A ~ ~ ' J Q.J r p ~ r O `~7 -r -~ ~ . C, __ ,. CERTIFICATE TO SHERIFF (Please check appropriate square in each section) SHERIFF'S OFFICE 1 Courthouse Square Carlisle, PA 17013 LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term I HEREBY CERTIFY THAT: 1 2 3. The judgment entered in the above matter is based on a mortgage foreclosure action. The Defendant(s0 own the property being exposed to sale as: [X] Tenants by the Entirety The Defendants are: [X] Resident in the Commonwealth of Pennsylvania Dated: December 12, 2005 THE LAW OFFICES OF BARBARA A. FEIN. P.C. BY: ~, Barbara A. Fein, Esquire I/ Attorney for Plaintiff // Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-'7450 ~ ll~ V.~: _., THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / LD. No. 53002 Kristen D. Little, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant. File No.03-1048/ COURT OF COMMON PLEAS CUMBERLA[VD COUNTY NO. 04-1717 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Select Portfolio Servicing Inc. f/k/a Fairbanks Capital Corp., Plaintiffin the above captioned mortgage foreclosure action, sets forth as ofthe date the praecipe for the Writ ofExecution was filed, the following information concerning the real property located at 1302 Carlisle Road, Camp Hill, Township of Lower Allen, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: James B. Wright 1302 Carlisle Road Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road Camp Hill, PA 17011 2. Name and address of each Defendant named in the judgment: James B. Wright 1302 Carlisle Road Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Lehman Capital, a Division of Lehman Brothers Holdings Inc, c/o Select Portfolio Servicing Inc., Plaintiff 3815 South West Temple, Salt Lake City, UT 84115 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Lower Allen Sewer Authority 120 Limekiln Road New Cumberland, PA 17070 PA American Water Company 852 Wesley Drive Mechanicsburg, PA 17055 Tax Collector: Bonnie K. Miller 1993 Hummel Avenue Camp Hill, PA 17011 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 1302 Carlisle Road Camp Hill, PA 17011 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Date: December 12, 2005 THE LAW OFFICES OF BARBARA A. FEIN. P.C. BY: ~.~-~~ C. Barbara A. Fein, Esq Attorney for Plaintiff Attorney LD. No..53 `i r THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant. File No.03-/048/ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James B. Wright Amy E. Wright 1302 Carlisle Road 1302 Carlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 Your house at 1302 Carlisle Road, Township of Lower Allen, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on June 7, 2006 at the Cumberland County Court House, 1 Courthouse Square, Cazlisle, Pennsylvania, to enforce the Court judgment of $148,343.52 obtained by Plaintif.F, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SH:ERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Dionne Winstead at (215) 653-7450. 2. You maybe 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. You may also be able to s~ the sale through other legal proceedings. You mayneed an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attomey). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Dionne Winstead at (:?15) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside tl~e sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until 1:he full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file°d with the Sheriffwithin ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIl2ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717)240-6200 ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particulazly bounded and described as follows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eetwardly along said line from the Northeast corner of C<¢lisle and Selwick Roads; thence Northwazdly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwardly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eetwardly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwardly along the Westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwazdly along said line and crossing a concrete sidewalk five (5) feet to a point; thence Westwardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence stillnz said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Parcel #13-23-0545-361 t`? r c'!' C:.- WRIT OF EXECUTION and/or ATTACHN[ENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1717 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS HOLDINGS INC, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS, CAPITAL CORP., Plaintiff (s) From JAMES B. WRIGHT AND AMY E. WRIGHT (1) You aze 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) th.e 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 [hereof; (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 $148,343.52 L.L. $.50 Interest FROM 11/4/04 THROUGH 6/7/06 - $14,143.44 Atty's Comm % Due Prothy $1.00 Atty Paid $213.39 Plaintiff Paid Date: DECEMBER 14, 2005 (Seal) Other Costs 1 ~ o[honot~ By: Deputy REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone:215-653-7450 Supreme Court ID No. 53002 Pr 1thonotary " PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS( P.R.C.P. 3101 to 3149 NEW CUMBERLAND FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS OF Plaintiff Y(~~t6CCOUNTY, PENNSYLVANIA ........................................... CUMBERLAND VS. MA]3NG . G . , .JQSNSQN..AND. Judgment No. 05 - 9463 , ,Term, 19 ..... WALTER L. JOHNSON, PRAI:CIPEFOR WRIT OF EXECUTION Defendants (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of... CUMBERLAND. • ...........County, Penna.; (2) against ...... WALTER L...JOHNSON Apartment 1527-1 Logan Street ...... Hazrishur.g,..PA..1.7,102 .........................................Defendant(s); COMMERCE BANK, 20 Noble Blvd,, C'arlisle•.PA, 17013Garnishee(s); (3) and against ................ ......... (4) and index this writ (a) against., WALTER L. JOHNSON hpaittiteri~ ' 152'7-1 "liocjari"SPree~ .......... .. ........................ .. ~~x'.x'x.Sbtdl^.4,..PA. 1.7.1.0.2 ......................................Defendant(s) and (b) against. ,COMMERCE BANK 20 Ntibl'e"sl'vcl: .............................................................. „Carl,is,le,,.PA„1701,3,,,,,,,,,,,,,,,,,,,,, ,,,,, ,,,,,,,,,,,,,,,,,Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the'. name of the Garnishee(s) as follows: (Specifically describe property)' ALL SAVINGS, CHECKING, CERTIFICATE OF DEPOSITS AND MONEY MARKET ACCOUNTS OWNED IN THE NAME OF WALTER L. JOHNSON. THIS WRIT IS NOT DIRECTED TO ANY ACCOUNTS OWNED BY MAENG C. JOHNSON, (5) Amount due $. $•1.2, 232•.•54...... Interest from 10120/05 at 4.69 er diem p . $.....229':81..... . Total . $.1.?t 462, 36 , , , .plus costs. QpII , Dated ...iz.~Q.IO.`~........... ........... ... .. AuorneY for I i(f(s) • ........ • .. NOTE •ltepvgen- pHp,o,~~weclc}1},~,.. E}s}quire Under paragraph (q whin the writ is directed to the sheriff of anahcr umy esnn6l1a~~GlNOrilctl`bfj y`RU~3IB3(b7~~r~daunty should be indicated. Und<r Rule 3103(c)a writ issued onattanferrred judgmem may be dinned mthe sheriff o(the Mdnt~m ~il<1RIldF~.r land, PA 17070 Paragraph(3)above should b<completed only ifa named garnisheeisto be included in the wrip/ID 62063 Paragraph (4) (a) above should be completed only if indexing of the execution in the county of is~sa~d•,7s desir~l?s Quthtlri~ed~b7 Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3I6a(b). Paragraph (4) (b) should be compleed only if real property in the name of the garnishee is attached and indexing as a lis pandas is desired. See Rule 3104(c). •A dcscriplion of specific property to be levied upon or attached may be sal forth in the praecipe or included by exhibit attached. )ud8ment entered by Confession )ud8n1ent no entered by confession notice given m 1 ~a ~ ~ ~x ~ ro J N ~ ~ N S1 r' ~ 'o ri 2 '. ro a: S e_ ~• ~~ ~~}J, (, F-- ~Yt_ .., c.,~ --0 'Z 0 . Z .' 'd ~ z .j o ' '~, ~ '. £y, y ~, pYi ~. E p 'S Sr' ~ ,: t3:1 L1 .; ~ ,: G n 0 .rn N •~ n .• ~ :~, ~~ w , p:t~ H, :~ z~ O m ca . tr ~ °~ ? C m O , C 2 Rf 8 ..~ 3 ~o z ~ ~ ~ ~.~ O :d . a G. z H 2 ~I ~ ~ .."~ .'b4 ~.. ~ ~ ~. ~ i!'Z > ~ (~ (~ ~ ,r,3 ul 1 , 1 ~ ~ ~ rY~ ~- ~1 ~ ,° ,: -. _ ~ a WRIT OF EXECUTION and/or ATTACHN[EN'F COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-4463 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION, Plaintiff (s) From MAENG C. JOHNSON AND WALTER L. JOHNSON, APARTMENT 1527 - 1 LOGAN STREET, HARRISBURG, PA 17102 (1) You are directed to levy upon the property of the dei'endant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 20 NOBLE BLVD. CARLISLE, PA 17013 -ALL SAVINGS, CHECKING, CERTIFICATE OF DEPOSITS AND MONEY MARKI.T ACCOUNTS OWNED IN THE NAME OF WALTER L. JOHNSON. THIS WRIT IS NOT DIRECTED TO ANY ACCOUNTS OWNED BY MAENG C. JOHNSON. GARNISHEE(S) as follows: and to notify the gamishee(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 $12,232.54 Interest FROM 10/20/05 AT 4.69 PER DIEM Atty's comet Atty Paid $174.49 Plaintiff Paid Date: DECEMBER 12, 2005 (Seal) L.L. $.50 $229.81 Due Prothy $1.00 Other Costs P othonota By: Deputy REQUESTING PARTY: Name STEVEN HOWELL, ESQUIRE Address: 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone:717-770-1277 Supreme Court ID No. 62063 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esquire / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attomey for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp. Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.04-1717 Civil Term AFFIDAVIT OF SERVICE File No. 03-70481 I, Dionne Winstead, Paralegal to Bazbaza A. Fein, Esquire, Attorney for the Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the Notice of Sheriff Sale byregulaz and certified mail, postage pre-paid, pursuant to the attached Court Order and having mailed same on May 4, 2006 to James B. Wright Amy E. Wright 1302 Cazlisle Road 1302 Cazlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 THE LAW OFFICES OF BAI~ARA A. FEIN, P.C. Swom to before me this 12th day of May, 2005. BY: Notary Public NOTARIAL SEAL JOAN BERNSTEIN, Notary Pubib llppw DubNn Twp., County of Mor~omery My CommWbn Expires Dec, 29, 2008 Dionne Wi>stead, Paralegal to Ba~rbaza A. Fem, Esquire Attorney for Plaintiff CERTIFIEC (Domestic Mail Or r-9 M1 Poe,~e s 0 O Cmdfietl Fee O ~ M~im Fee (Endoteeme Required) ~ Re9tdcted OelNery Fee ~ (FSdorsement Requ(red} ri Iota P {(! ryX ¢9 !<_a ~_ 0O7 to o Amy E. Wright 0 r• 35ree 1302 Carlisle Road ------••--- ~'~ Camp Hill, PA 17011 ---------- 'c`m;'. m ~ ~ ut .. • • . m • ~+ '~ F ~ ~ G ~ A ~~~ ~ M1 Q' ~l ~~i Poeteps 6 r, Q Y`, (9~ OG Cerplled Fea ` . C^ G Reeen Reeeh+t Fee ~ ry y9. (Endorcemerd Requited) ~ e l H g a ~ ~' ~ (Endoreem olfed) Q ~ A ~ Total Poste c f q James B. Wright r ;~~ 1302 Carlisle Road --- orroBOxn Camp Hill, PA 17011 chi: smd"e;: ---- r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, pOES PROVIDE FOR INSURANCE-POSTMASTER Repemea Fmm: THE LAW OFFICES OF `. ~~ BARBARA A FEAIJ nnc rnnnnnrn FORT WA H One piece ~ GA James B. Wright VU, J 1302 Cazlisle Road Camp Hill, PA 17011 - o - o m r~ roan 3C1 /, January 2007 ~/oss U.S. POSTAL SERVICE WV BE USED FOR DOMES' ReceWea From: THE LAW O~ fHerr .. .. .. Amy E. Wright 1302 Carlisle Road Camp Hill, PA 17011 PS Form 3877, January 2001 I' N0~ /~VY~ ARx foe here in stamps n°I UNITc~ I~,~ ~ N Y Do=~li~ O s II J oocoo ARx fee here in of !034 N uwr~ o T s ~ ~:n N _ ~ O tl dfX ~ _ N ~ ~ ~~i - o C : rn C s ~w tDN ~wo ~p I l I Cll r4. .~ M THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. 03-t 0481 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 civil term ORDER AND NOW, this ,~~ day of , 2004, upon consideration of Plaintiffs Motion and the Affidavit of Good Fai vestigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sheriffs Sale and all otherpleadings which require personal service on Defendants James B. Wright and Amy E. Wright shall be complete when Plaintiff has mailed the pleading to be served by certified mail and regular mail to: James B. Wright 1302 Cazlisle Road, Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road, Camp Hill, PA 17011 and the Cumberland County Sheriffs Department has posted a copy ofthe pleading to be served on the most public part of the property located at 1302 Cazlisle Road, Township of Lower Allen, Cumberland County, which is the subject property upon which this mortgage foreclosure action is predicated. BY THE C LTRT: 'S P, J. :yr~:~::. v ar~ya+a fJ c~ '"l ~ G ~ m :,iG t~T4t~~ ~ '°~?" ~` ~~ C ^f1 r «... ~ ~ f~..- ~ ;.. l. _ J ;~[ il C "C _ ~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esquire J I.D. No 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.04-1717 Civil ?'emi C RTIFICATION OF NOT CE5 OF E TO L O ERS I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of May 4, 2006 is appended hereto and incorporated herein by reference as Exhibit "B"). I declare under penalty of perjury that the foregoing is true and correct. May 12, 2006 THE LA FICES OF BARB A. FEIN, P.C. ~ ~ BY: ' Dio a Winstead, Paralegal to B bara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein; Esquire Kristen D. Little, Esquire Members of Pennsylvania and New Jersey Bars 425 Commerce Drive, Suite 100 Fart Washington, PA 19034 Phone: (215) 653-7450 Fax: (215)653-7454 Direct E-mail: dioanew@loba£com Duect Phone Ext. 130 NEW JERSEY OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 Phone: (856) 596-5552 Fax: (856) 596-5589 File No. 03-10481 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE TO: All Parties in Interest and Claimants Improvements: Residential Dwelling OWNER(S): James B. Wright Amy E. Wright Cumberland County Court of Common Pleas PROPERTY: 1302 Carlisle Road No. 04-1717 Civil Term Township of Lower Allen County of Cumberland, PA 17011 Please be advised that the above captioned property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on June 7, 2006 at the Cumberland County Court House, l Courthouse Squaze, Cazlisle, Pennsylvania., This sale is scheduled pursuant to a judgment entered in the amount of $148,343.52 in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriffs Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ,~~ , Bazbara A. Fein, Esquire Attorney for Plaintiff ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particulazly bounded and described as follows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eastwazdly along said line from the Northeast comer of Carlisle and Selwick Roads; thence Northwazdly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwazdly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eastwazdly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwazdly along the Westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwardly along said line and crossing a concrete sidewalk five (5) feet to a point; thence Westwardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence still in said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Pazk, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Parcel ff 13-23-0545-361 ro „ ~z ~c ~~ - ~' °, b g . a'~ x-~ ~r~ ~~ ~~8.b3 QQ `~' N ~ , j G7 i N J~~roO r~ b W -~~~~~~ i C ~ ~ ~ p wn~'"~Bc~ oq ~ o '•r y o~`~W C7 ~ o r ? ~ p p ~~k ~ ~• ~ 'E.. E ~~ ~, 3 m S I y w b i o ~ m 3 ,~~~N~;~ °~q~~~. ^ 8 G ~ Y+ ~~~~~. . a ; ~, I~s~~ 3 ~• ~ ~"~U~~~ ~'~g'^F~ Np p O O ~~~' Y ~ 3. nm C ~ ~~~~. G' o ~ ~ ~ ~ ~ ~ ~. .~ ~. ~'~ ~~~~ ~ e W e ~ g N b N 0 a '.,;~ ,,,i a~~ r o '~ z N V ~ ~~~ ~~ ~~~a y~ ~ bz xrod~ nWm~ S~ BAH ~_ n ~ ~° °a 'ti~~ ~ R~ ~g~p ac ti,?tB Y° p' 'a aAB~{ ~ ~ n ~A jN~o °~' °~ .,R c A ~ r w ~ ~ $R ~ 'J..~.~ v' ~ `° ~ ~ .?i Y SEC Gpt ~ a ~.ti ~ ~. ~ E ~• ~ A ro 4 b w b ,$~ ~, ~ `° m ro w R n w o o -n n. ^pQa AS. f]t~"'... 7: ~i q 00 ~. o 0 »~ ~ ~. ~C ~ ~ ~. ~ ~. ~~ ~ m_ ryry d ^ ~ 7 ~.:~~ ~ f~ ~~~~ ~~ w b~ ~ ~~ ~. ~' ~. ~~ w ~~ x o R N o PgES F'OST~ l7 ~.,, ~: •n ~ ? pir r Bowes yy ~ p. a 02 P •ZQ~ x Z a ~ ~ 000 635705 MAY 4 2006 n1 C7 ~~'^ C MAI D FROM ZIP CO E 19034 R ~ ~ ~ p b. ~ ~ K~ ~ N ~.. ~ »~~. a ~ ~°~ I w o m, in ~Q e ~ t 'p ,D N ~°~ ~~~ o H z 2 > ~ »3 y ~ ~'~ ~ ~ ^ a"- ° ^ .' O ~ b ~ ~. ~ ~ ~ I ~ ~ ~°, ~' 00 a 0 A c p3~w O N6 x a "A ~~~ .~ ~o~~ a, Oro ~~a~s~~ z ~~~~~ k' ° ^ ° ~~~g' ~~~~~~ a~~ ~' $$ H ~ ~ F~ a~ ~~~R~ ~~~~~. ~' S«~~. 2 s'N ~~ $ S,~b'~ ,~ ~~$~. W a W N ~ O y ~z ~~ ~ ~. ~ ~ », b ~N~ ry N~ A'~r.j ~~ Era ~n~~ ~z w~~'~ '~~ ti Y~ gya R> ..7~!~m art w a o~ ~ y~ A Y C o m c H ~ v ~ ~ b ~ ~ ~ ~ ~ >~m a ~ sD 1S " ~ ~-~ w W K ~ O iP 2635705 ~~~ b A ~ ~ F.a o W R. ~p b O A gO m A O w R `D ~ ~ ^OO5 a a~~ .~O° c ~ $ ~~ $d~~ ' ~ 0 ~ . 9 m w < m ~ -• k y' C ~ ~ ~ .Z7 ~ . w y Sj _ g ~ ~ . m ^C7xn ~ °~ • A ~~ yy S b ~ b~ c 8. ~a b~ ~ , ~ ~ ~• ~ . ~ 5~ m ~ ~ ~ ~ R `° " y b a ° g~ i ~ ~ ~S ~ 0 001.5 u ti ,9~ 'AY 04 2 06 x ~ i ~ A w 'CODE 19 34 ~ ~ '+i ~ R b 'al ~ . O ~'• c ' ~ A ~ ~ ~ V. , ., ~i '~ ~ N ~ :~ y ^ M J. ;j• Al b ti R '-~ ~' ~ °' ~ I~' t~ • ~o ~ • ~ c ^' ~, ~ ~ -,., ~~ CFy t~~ a ~" ~ ~ -< m , ~C`i ' t ~ _t ~"' _- c CJ m • <~ o ~. --~ K tL~ w THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esquire / I.D. No 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-1717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendants. AMENDED CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Dionne Winstead, Paralegal to Bazbaza A. Fein, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments,. liens, or other interest in the subject premises of the foreclosure proceeding, and that .such persons/entities have been sent Notices of Sheriffs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of June 2, 2006 is appended hereto and incorporated herein by reference as Exhibit "B"). I declaze under penalty of perjury that the foregoing is true and correct. June 5, 2006 THE LAV~/C~FFICES OF BARBARA A. FEIN, P.C. BY: to Balrbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 NEW JERSEY OFFICE Barbara A. Fein, Esquire Kristen D. Little, Esquire Members of Pennsylvania and New Jersey Bars 20000 Horizon Way, Suite 900 Mount Laurel, N7 08054-4318 Phone: (856) 596-5552 Fax: (856) 596-5589 File No. 03-10481 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): James B. Wright Amy E. Wright PROPERTY: 1302 Cazlisle Road Township of Lower Allen County of Cumberland, PA 17011 Improvements: Residential Dwelling Cumberland County Court of Common Pleas No. 04-1717 Civil Term Please be advised that the above captioned property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on June 7, 2006 at the Cumberland County Court House, l Courthouse Squaze, Cazlisle, Pennsylvania. This sale is scheduled pursuant to a judgment entered in the. amount of $148,343.52 in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions aze filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff's Department.at (717) 240-6390 for~the date on which the distribution schedule will be posted. Sincerely, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~Q Bazbaza A. Fein, Esquire Attorney for Plaintiff Phone: (215) 653-7450 Fax: (215) 653-7454 Direct E-mail: dionnew@lobaf.com Direct Phone Ext. 130 DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eetwardly along said line from the Northeast corner of Carlisle and Selwick Roads; thence Northwardly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwardly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eetwardly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwardly along the Westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwardly along said line and crossing a concrete sidewalk five (5) feet to a point; thence Westwardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence still in said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Parcel #13-23-0545-361 ._., Affix a post Post fee. a o r° UN/T~ o ~ ~ m N -' 'y 9 prn~ ~, W 4 ~~ O ~ ,t 3 ~ ~ ~ ~~ L ~ Z O ~~`I O = N O s O O //w~~ ~ I WOVE m Arn Om ~ ~ ```:; ~ - L;i~ ~ R ("~' __t. L. '~.. ~'.~,, l r _~ ~ v N }~`~ ! .. r -^,-g , t w ~ f..7 - -- Cam) ~~ ~~ i .__ ~-• - ~:u ,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which LaSalle Bank National Assoc Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 14th day of Dec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1717, at the suit of Lehman Capital against James B Wright & Amy E is duly recorded in Deed Book No. 277, Page 1410. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this d ~ ~C~e`~e~..a~ , A.D. oZ b CJ day of Recorder of Deeds ~Y~S the Flit ~ ~0 Lehman Capital, a Division of Lehman The Court of Common Pleas of Brothers Holdings, Inc., by and through Cumberland County, Pennsylvania Its Loan Servicing Agent, Fairbanks Writ No. 2004-1717 Civil Term Capital Corp. VS James B. Wright and Amy E. Wright Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2006 at 12:22 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: James B. Wright, by posting the premises pursuant to court order, at 1302 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time posting the premises the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2006 at 12:22 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Amy B. Wright, by posting the premises pursuant to court order, at 1302 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time posting the premises the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Apri105, 2006 at 12:40 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James B. Wright and Amy E. Wright located at 1302 Carlisle Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James B. Wright and Amy E. Wright by regular mail to their last known address of 1302 Carlisle Road, Camp Hill, PA 17011. These letters were mailed under the date of Apri103, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Barbara A. Fein for LaSalle Bank National Association, as trustee, in trust for the holders of Structured Asset Investment Loan Trust Mortgage pass Through Certificates, Series 2003-BC2. It being the highest bid and best price received for the same, LaSalle Bank National Association, as trustee, in trust for the holders of Structured Asset Investment Loan Trust Mortgage pass Through Certificates, Series 2003-BC2, of 3815 South West Temple, Salt Lake City, UT 84115, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,012.05. Sheriff s Costs: Docketing $30.00 Poundage 19.45 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 1.83 Levy 15.00 Surcharge 30.00 Posting 12.00 Postpone Sale 20.00 Law Journal 353.00 Patriot News 348.80 Share of Bills 19.57 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,012.05 / So Answers: ,.~~ R. Thomas Kline, Sheriff BYUiO` Real Esta Sergeant ll/d 9106 ~•. ~t' 0}' fl` v 5 (~ / ~~~~~ • WRIT OF EXECUTION and/or ATTACHMENT CONIMONWEALTH OF PENNSYLVANIA) NO 04-1717 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS HOLDINGS INC, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS, CAPITAL CORP., Plaintiff (s) From JAMES B. WRIGHT AND AMY E. WRIGHT (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 $148,343.52 L.L. $.50 Interest FROM 11/4/04 THROUGH 6/7/06 - $14,143.44 Atty's Comm % Due Prothy $1.00 Atty Paid $213.39 Other Costs Plaintiff Paid Date: DECEMBER 14, 2005 Prothon (Seal) By: Deputy REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 Real Estate Sale # 20 On February 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1302 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 09, 2006 By: Real Estate Sergeant ~ 1 S :b d 0 Z X30 5001 ~'c h '~iIU.J ~,, .;, ~~la3NS ~1~1~ ~{J 3~l.~~~J 1. THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No.03-10481 Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.04-1717 Civil Term v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant. AFFIDAVIT UNDER PA. RCP RULE 3129 Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Select Portfolio Servicing Inc. f/k/a Fairbanks Capital Corp., Plaintiff in the above captioned mortgage foreclosure 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 1302 Carlisle Road, Camp Hill, Township of Lower Allen, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: James B. Wright 1302 Carlisle Road Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road Camp Hill, PA 17011 r 2. Name and address of each Defendant named in the judgment: James B. Wright 1302 Cazlisle Road Camp Hill, PA 17011 Amy E. Wright 1302 Carlisle Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Lehman Capital, a Division of Lehman Brothers Holdings Inc, c/o Select Portfolio Servicing Inc., Plaintiff 3815 South West Temple, Salt Lake City, UT 84115 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Lower Allen Sewer Authority 120 Limekiln Road New Cumberland, PA 17070 PA American Water Company 852 Wesley Drive Mechanicsburg, PA 17055 Tax Collector: Bonnie K. Miller 1993 Hummel Avenue Camp Hill, PA 17011 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 1302 Carlisle Road Camp Hill, PA 17011 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Date: December 12, 2005 THE LAW OFFICES OF BARBARA A. FEIN, P.C. sr ~a~. c, Barbara A. Fein, Esq Attorney for Plaintiff Attorney LD. No. 53 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LEHMAN CAPITAL, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, v. JAMES B. WRIGHT and AMY E. WRIGHT, Defendant. File No.03-10481 COURT OF COMMON PLEAS CiJMBERLAND COUNTY N0.04-1717 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James B. Wright Amy E. Wright 1302 Carlisle Road 1302 Carlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 Your house at 1302 Carlisle Road, Township of Lower Allen, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on June 7, 2006 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $148,343.52 obtained by Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings Inc, By and Through Its Loan Servicing Agent, Fairbanks Capital Corp., against you. NOTICE OF OWNERS' RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late chazges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Dionne Winstead at (215) 653-7450. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the. buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff s Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 .... bESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northerly Line of Carlisle Road, said point being located ninety (90) feet measured Eastwazdly along said Line from the Northeast corner of Cazlisle and Selwick Roads; thence Northwazdly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwardly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands Eetwardly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwazdly along the Westerly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwardly along said line and crossing a concrete sidewalk five (5) feet to a point; thence Westwardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hundredths (48.91) feet to a point; thence still in said walk eleven and nine one- hundredths (11.09) feet to the place of beginning. BEING Lot No: 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Pazk, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Pazcel #13-23-0545-361 ~~ 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 in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. 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 SALE#20 ..... .~.~.~ ....R .s...i,,... Sworn to ands s ri ed r B9d, 06.,A.D. i Terry L. Russell, Notary f'u i~ City of Harrisburg, pouphin County .... ~...,,..,,.ieetnn Fxo~res June b, 2006 NOTt~Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 eo a ~~; :~ boat. in a i R!~.. ,.Y AJ.L ' lOt of BrAd"titWtt m ~e -~.~. r~l,~K PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~_ L' a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 21 day of April , 2006 ~~''T.~`?la~ StI~L ~ LGa~ c '`~C~R, ?'oi~a-y Pablic n G^ar?ir!~;= R~;~o, CumbF:~.,.=;n:~ Countyi iti'I'~' li:~"i r{3K='i}!1 tr :i"Fc i' Ei3f~ ~, ~ n`1(~~1 REAL ESTATE SALE NO. ~O Writ No. 2004-1717 Civil Lehman Capital, a Division of Lehman Brothers Holdings, Inc. by and through its Loan Servicing Agent, Fairbanks Capital Corp. vs. James B. Wright and Amy E. Wright Atty.: Bazbara Fein DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particu- larly bounded and described as foi- 1ows: BEGINNING at a point on the Northerly line of Carlisle Road, said point being located ninety (90) feet measured Eastwazdly along said line from the Northeast corner of Carlisle and Selwick Roads; thence North- wardly along the Easterly line of Lot No. 1 Block R on the hereinafter mentioned plan eighty-five (85) feet to a point; thence Northeastwazdly through a portion of Lot No. 2, Block E, thirty-five and sixty-eight one hundredths (35.68) feet to a point at the Southerly line of lands now or late of William H. Smith and wife; thence along said Smith lands East- wazdly sixty-six and fifty-three one hundredths (66.53) feet to a stake; thence Southwazdly along the West- erly line of Lot No. 6, Block R, one hundred fifteen (115) feet to stake; thence Southwazdly along said line and crossing a concrete sidewalk five (5) feet to a point; thence West- wardly in said walk and at right angles to the last mentioned line forty-eight and ninety-one one hun- dredths (48.91) feet to a point; thence still in said walk eleven and nine one-hundredths (I I.09) feet to the place .of begirming. BEING Lot No. 7, Block R and a small portion of Lot No. 2, Block R, as shown on the plan of lots of a portion of Highland Park, said plan being recorded in the Cumberland County Recorders Office in Plan Book 4, Page 98. Tax Parcel # 13-23-0545-361.