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HomeMy WebLinkAbout09-0756 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 .,CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co. '.COURT OF COMMON PLEAS 3232 Newmark Drive :CIVIL DIVISION Miamisburg, OH 45342 Plaintiff :Cumberland County v. i Joseph R. Magaro Jennifer Magaro : NO. 5911 Stephens Crossing Mechanicsburg, PA 17050 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE NAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede deci'dir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAKMN E, 541 NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL'SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA =A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE 9,E PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt. is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I 1 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 804,806,808 A&B Fairfield a/k/a 804-808B Fairfield Street MUNICIPALITY/TOWNSHIP/BOROUGH: Monroe Township COUNTY: Cumberland DATE EXECUTED: 12/5/03 DATE RECORDED: 2/25/04 BOOK: 1854 PAGE: 4386 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after 'notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. t 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 12/19/08: Principal of debt due $111,098.05 Unpaid Interest at 5.8750 from 8/1/08 to 12/19/08 (the per diem interest accruing on this debt is $17.88 and that sum should be added each day after 12/19/08) 2,497.56 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $302.64 and that sum should be added on the first of each month after 12/19/08) 0.00 Late Charges (monthly late charge of $59.90 should be added in accordance with the terms of the note each month after 12/19/08) 239.60 Attorneys Fees (anticipated and actual to 5% of principal) 5,554.90 TOTAL $119,995.11 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. T 8. The combined notice specified by the Pennsylvania Homeowners Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached. hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $119,995.11 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDRE,ZJ,LAW OFFICES, P.C. BY :(.TEA WL?,&1AI ?U /((iy Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINAtO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMQNI, ESQUIRE ALL THOSE THREE CERTAIN TRACTS OF GROUND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: ALL THAT CERTAIN LOT OF GROUND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, ON THE NORTH SIDE OF FAIRFIELD STREET, BEING LOT NO. 86 IN A CERTAIN PLAN OF LOTS KNOWN AS "POINT COMFORT', LAID OUT FOR GEORGE B. VOGELSONG AND MINNIE C. VOGELSONG BY CLARK A. BRYAN, ENGINEER AND SURVEYOR. THE ABOVE DESCRIBED LOT OF GROUND IS GRANTED AND CONVEYED SUBJECT TO THE RESTRICTION THAT NO BUILDING SHALL BE ERECTED ON SAID LOT WITHIN TWENTY FEET OF THE FRONT LINE OF THE SAID LOT. TRACT NO. 2: ALL THAT CERTAIN LOT OF GROUND SI'T'UATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, SITUATED ON THE NORTH SIDE OF FAIRF_IELD STREET, BEING LOT NO. 87 ON A CERTAIN PLAN OF LOTS KNOWN AS "POINT COMFORT", AS LAID OUT FOR GEORGE B. VOGELSONG AND MINNIE C. VOGELSONG, HIS WIFE, BY CLARK A. BRYANT, ENGINEER AND SURVEYOR. TRACT NO. 3: ALL THAT CERTAIN LOT OF GROUND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, SITUATED ON THE NORTH SIDE OF FAIRFIELD STREET, HAVING A FRONTAGE ON SAID STREET OF 50 FEET, AND A WIDTH IN THE REAR OF 50 FEET, AND A DEPTH OF 141.5. SAID LOT BEING BOUNDED ON THE SOUTH BY SAID FAIRFIELD STREET; ON THE EAST BY LOT NO. 87 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; ON THE NORTH BY A 5-FOOT PRIVATE RIGHT OF WAY OR ALLEY; AND ON THE WEST BY LOT NO. 89 ON SAID PLAN. BEING LOT NO. 88 IN A CERTAIN PLAN OF LOTS KNOWN AS "POINT COMFORT", LAID OUT FOR GEORGE B. VOGELSONG AND MINNIE C. VOGELSONG, HIS WIFE, BY CLARK A. BRYAN, ENGINEER AND SURVEYOR. HAVING THEREON ERECTED AN APARTMENT BUILDING KNOWN AND NUMBERED AS 804-808B FAIRFIELD STREET, MECHANICSBURG, PENNSYLVANIA, FORMERLY ERRONEOUSLY DESIGNATED AS 804-806A. January 9, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNE.RGS MORTGAGE. ASSISTANC"F, PROGRAM (NFMAP, m)ay he able to help to cave your home- This Nafi a ezplains how the progrnm • arks This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PRQGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE 'PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBITA Page I of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Joseph R. Magaro .....Jennifer Magaro ---- ---...... _....... _._ ............................ _.... 804,806,808 A&B Fairfield _Mechanicsbarg,.-PA.._17055 _0002841606.------------ --_ ...National_CityMortgage._Colnpany-- - ---- ..................................... - - -- National City Mortga?_CgmPany.._ ................................................ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY HE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE. YOUR HOME FROM FORFCi OSiiRF AND HELP YOU MAKE. FUTURE MORTGAGE PAY`MFNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORE( LOSURF _ Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faced meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN DHOW TO C TRF. YOUR MORTGAGE DEFeIrfFZ EITGAGE i 1P TO DATE CONSUMER CREDIT COUNSELING AGENCIES _ If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, address .s and tel hnne numbers are set torch at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatell of your intentions. APPLICATION FOR MORTGAC.F. ASSISTANCE _ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THF. DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 804,806,808 A&B Fairfield Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _MontW Payments of $1500.56 for Setember._1, 2008 throb January 1 2009 _=„$7502.80._._.......... _Monthly_Late-Char ges..of.$59.90__for September 2008_throu$h_December_1. 2008$239.60_.__.. Other charges (explain/itemize) Other_Fee._=._$54 00 _TOTAL AMOUNT PAST _DUE: .....-- ---......... _._ ............................ _............. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (no not usr, if not anz livable): WA HOW TO CURE THE DF.FATIT ,T - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 57796.40_ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment-, must he made either by each, cashier's check, certfifiedl perk or money order made payable and cent to, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (loo not use if not applicablf- ): NA Page 3 of 3 IF YOU DO NOT CURE THE DFFALE1 T --- if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intendc to x r is its rights to accelerate the mnrtggge deht_ This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclow upon your mortgggpproperty IF THE. MORTGAGF. IS FORECLOSED UPON _ The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default .within the THIRTY (0 DAY period, you will not hp rewired to pay attorney's feec_ OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE _ If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time izn to one hour before the Sheldff c Sale Yo i may en h? having the tntsl amnnnt thf-n react rjna r?lne anc, Into ^-+k- ..1-- +U- a.. mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F,ARi UST POSSIBLE SHERIFF'S SALE DATE _ It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: National Chy Address: 3232 Newmark Drive _Miamsburg,_OH 45342 ....................................... . Phone Number: 1-800-523-8654._,-__...._._.._.. . Fax Number: 1-973-910-4057......_..._._._.......__.___ _.......... _._ ........ .................... ---._......--- --...---..._ Contact Person: ....-----....... ..................... ........ Collections Department_,..._...,_.__,_.... . EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE. - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Pa,ae 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED MINDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 W n O n., m i3 3 O m p O O _J 02 N I? 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O 0 0 0 r o 0 0 N Whaler a cA ? ? ? a '0 T 5 r0 03 N CO 3 n <n + iD c cc rv m Cci J i bl,l, ! I. au lU: JJtim Itni iv,una. vi i c i ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the default is provided in the attached pages. Tie HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAMLHEMAPI may be able to hula save vour home This Notice exnl ins how the program works. To see if HEMAP can help you must MEET WrTH A CONSUMER CREDIT COUN SELIN AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency. - The rzarne address and phone number of Consumer Credit Counseling Agencies servtn our Coun are in luded with this Notice.- If you have an questions, you Ma all the Penns Ivania Housin Finance. enc toll fr at 3-342-2397. LP?rsons with imcaired hearing can call 17171760 '1869L This Notice contains important-legal information, If you have any questions, repre- sentatives at the Consumer Credit Counseling Agency may be able to help explain It- You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR ViVIENDO EN SU CASA. Si NO' COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NVMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTA IO POR•EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DELIDERECHO A REDIMtR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YO R HOME FROM FORECLOS AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, OCT, 17. 2002 10: 35AM ' NATIONAL CITY n v. t L_ I / - IF YOU COMPLY WITH THE PROVISIONS OF THE. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 7983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED EVi CIRCUMSTANCES BEYOND YOUR, CONTROL. • IF YOU HAVE A REASONABLE PROSPECT-OF S-EING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE. AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- rary stay of foreclosure on.your mortgage.for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face" meeting with one of the consumer credit counseling agencies listed atthe end of this Notice,, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMER- GENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTfa-AGE UP TQ DATE. CONSUMER CREDIT -000NSELINC?AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty.(30) days after the -date cif 4 is meeting. The games: addresses an to whone-rnumbers of designated consumer credit counsellinct agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages *for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emer- gency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only-7 onsumer credit counseling agencies have applications for the program and they will assist you in submit- ting a complete appiication to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days -of your face-t6-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE'DENiED. ,r AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. OCT. 77. 2002 I0:35AM NATIONAL CITY Fl v, 1 L 1 .J „ . The Pennsylvania Housing Finance Agency has sixty.(60) days to make a decision after It receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.. (if you have flied bankruptcy, you can still apply for Emergency Mortgage Assistance.) IF YOU DO NOT CURE THE DEFAULT(see gagel l - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise-its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this'debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage arpperty. IF THE MORTGAGE !S FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceadings against you, you will still be required to pay the reasonable attorney's 'fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeys' fees actually incurred by the lender evert if they exceed $50.00. Any attomey's fees will be added to the amount you. owe the lender, which may also include other reasonable casts, ff you cure the default within the 1`HIRTY'(30) DAY_2p oc .. you will not be reguuired to Aay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT-PA)OR TO'SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent•tlle sale at any time up to one hour before the Sheriffs Sale You rnjy do so by pa)dna the total amount then oast due. u_s armor late or other charoes then due reasonable attomeVs fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other reouirement sunder the mortgage. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as rf you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could beheld would be approxi- mately FOUR(4) months from,the date of this Notice: A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. . NO. 1219 V. OCT.' 17. 2002 10: 36A1 NAT I OVAL CITY HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523.8654 Fax Number: (937) 910-4058 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize'that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to five in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishing and other belongings, could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You - may or may not be able to sell or transfer your home to a buyer or transferee who will assume'the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO. PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE. FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE'NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE-PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. .f OCT: 17, 2002 10:36AM NAT1ORL CITY NO, 1219 r, o APPENDIX C ADAbdS rp NTY American Red Crass-- Hanover chapter 529 Carlisle Street Hanwer, Pennsylvania 1733% (717) 637.37118 FAX (717) 637-3254 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Indiana Co. Community Action Program 827 Water Street, Box 187 Indiana PA 15701 (724) ABS-2657 FAX (724) 465.5118 CCCS of Lehigh valley 8571 Crescent Court East Whitehall PA 18052 (610) 821-4011 or e00-220-2733 (814) only FAX (610) 821-8832 (Rev, 6/9 33 Wainut Street Wellsbom, PA 16901 (570) 724-S M FAX (570) 724-5783 931 Main Street Honavdale PA 18431 (570) 253-8941 FAX (570) 253.4817 Credit Counseie rs of PA Economic Opportunity Cabinet of CCCS of Western PA 401 Wood. Street, Suite 905. SchuyV I County 2000 Lingiestown Road Pittsburgh. PA 15222 225 14. Centre Street Harrisburg PA 17102 (412) 33B-8954 or Pansvilla, PA 17901 (717) 541-1757 1(800) 737-2833 (717) 8?2-T995 FAX (717) 541-4670 FAX (412),338-9953 FAX (717) 622-0429 Financial Counseling Services of Franldin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139.143 Carlisle St Gettysburg PA 17325 (717) 334-1S1e FAX (7T7} 334.8326 BL LEM419ff COLT INTY Pennsylvania Housing Finaroe Agency (Marcia Bess) 2275 Swallow Hill road, Bldg 200 Plt sburge XA 1S22D FAX (412) 429-2W5 Credit Counselors of PA 401 Wood Street, Suite 906 Pittsburgh. PA IS= (412) 338.9954 or 1(800) 737.2933 FAX (412) 338-9963 Action Housing, inc. 425 6th 'Avenue, Sulks 950 Pnsbufgh, PA 15219 (412) 391-1966 or(412)281.2102 or 1 (800) 792.2801 FAX (412)-391-451 e Community Action Southwest 22 West High Street Waynesburg, PA 15370 (724) 852-2893 CCCS of Western Pennsylvania; Inc. 309 SnitthCeid Street Pluburgh. PA 15222 (412) 47t-7584 housing Opponuntiea 133 Seventh Street McKeesport PA 15132 (412) 664-1 sob Fax (412) 664.0873 Urban Loague Of Pittsburgh Bldg. Fat Equal Opportunity Ono Smithfield SL (412) x-4802 5222-2222 FAX (412) 261-5207 BEAVER CQSJ Action Housing, inc. 425 8th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 391-1956 FAX (412) 391.4512 CCCS of Weatem Pennsyivarua, inc. 971 Third Street Beaver, PA 15009 (724) 774-0798 Housing Opportunities of Baavor County, inc, 650 Corporation St, Suite 207 Beaver, PA 15009 (724) 72B-7511 Mon Valley Unemployed Committee 120 E- 9th Avenue Homestead. PA f S 120 t1,2) 462-9962 412) 482-9964 Housing Opportunillec Im, 133 Seventh Street P.O. Box 9' 'McKeesport PA 15134 Credit Counsciors at PA 401 Wood Street. Suite 906 Pittsburgh, PA 15222 412) 336.9954 or 1-(800) 737-2933 FAX (412) 336-9963 BEbE2B2 FQV=. Bedford-Fulton Housing Services 10241 Lincoln Highway Everett, PA 15537 (814) SM.9129 FAX (814) 623-7187 CCCS of Western Pennsylvania, inc. 217 E. Plank Road Altoona PA 16602 (814) 944-8100 FAX (814) 944.5747 Keystone Economic Dovetopment Corporation 1954 Mary Grace Lane Johnstown. PA 15901 (614) S35-5566 FAX (814) 539-1568 Community Housing Counselor, ft, P.O. BoX 244 Kennett Sousse, PA 19348 (610) 444-3882 FAX (610) 444-8243 t?atR COUNTV Bedford-Fulton Housing Services R.D.01. Box 384 Everett, PA tSS37 (alA) M3-9129 FAX (814) 623-71B7 Keystone Economic Development Corp 1954 Mary Grace Lane Johnstown PA 15901 (814) 535.6556 FAX (81'4) 539-1606 COOS of Western Pennsylvanta. Inc. 217 E. Plank Road Altoona PA 16802 (814)-944-8100 or (814) 944.5747 Weatherization Office 917 MINIn Street liunlingdotl, PA 16652 (614) 643-2343 SURD 414T•Y CCCS of Norlheastem Petlheyhrania 1400 Abhgdon ExxecLO* Park, State 1 Clarks SumrnitL PA 18411 (57C) S87-9169 OR 1-BC*022-9537 FAX (570) 567-913419135 31 W. Market St. Willa a-Barre. PA 18702 (570) P1 -037 or 901)•922.3537 FAX (570) 821.1785. 9 South 7th Street Stroudsburg PA 18360 (570) 4204980 or 80D-922%9537 FAX (570) 42D-8901 1631 S Atherton, St. Suite 100 State College, PA 16801 (814) 238-3888 FAX (814) 23B3669' The Trohab Center of Norlhe tistarn PA 10 Public Avenue Montrose, PA 18801 (570) 71.6-3338 or 800382.4045 FAX. (570) 276-1889 Mon-Valley Unemployed Committee 1120 E. 9th Avenue HonleSUMd, PA 15120 (412) 452-9462 ARNISTROIVG COtrNTY CCCS of WOatem Penrtsyhrania. Inc, 217 E. Plank Road Altoona PA 16602 (814) 944-8100 or (814) 944-5747 Tableland 5eMces, inc. 535 Fast Main Street Somerset PA 15501 (814) 445-9528 or 1-800-452-014D FAX (814) 443.3690 Weatherization Office 917 Mifflin Street Huntingdon, PA 16652 (614) 643.2343 185 Elmira street P.O. Box 218 Troy, PA 16947 (570) 297-21Of urnian street; P.O. Box 309 D-InO , PA 18614 (570) 928-2668 FAX -(570) 928-B 144 103 Warren 5tr2el, P.O. Box 709 Tunkhannock PA 18657 (570) 836.6840 FAX (570) 63(9-5+„32 Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765.1221 FAX (215) 785-1427 Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324.7500 FAX (215) 324-87$3 bucks County Housing Group, Inc. 140 East Richardson Avenue Langhorne, PA 19047 (216) 7SD4310 FAX (215) 750-4318 CCCS of Delaware Valley r 1515 Market Street - Suite 1328 Philadelphia PA 19107 (215) 1563.58115 FAX (215) 864-2566 MACE 167 Allegheny. Ave bid Fl. Philadelphia. PA 19140 (215) 426-8025 FAX (215) 426-9iZ2 COOS of Delaware Vaitey Trevose Corporate Center 4606 Street Road Trevose PA 19047 (215) 563.5665 Community Devel. Corp of Frankiord 4620 Griscorn Street Pnlladeiphia, PA 19124 (215) 744-2990 FAX (215) 744-2012 CCCS of Lehigh Valley •31571 Crescent Court East Whitehall, PA 16052 (610) 821-4011 OR 800-220-2733 FAX (810) 821-8932 Am,%';an Credit Counseling Insliwin 845 Coates St. Coatesvi(ie PA 19320 (gas) 212.6741 144 E Dekalb Pike King -of Prussia PA 19406 610-971-2210 FAX (610) 265-4814. 755 York Rd, Suite 103 Warminster PA 18974 (215) 444-9429 FAX (215) 956-63" tom. ?IeR QW1a Action dousing, Inc. 425 8th Avenue. Suite 950 Pittsburgh. PA 15219 (412) 991-1956 or (412) 291-210p- PAX (412) 391-45t2 CCCS of Western PA YMCA Bvii ing 339 North Wastungion Street sugar, PA 18001 (724) 282-7812 ,-OCT.-17, 2002X10 , 36AM Eau uorpotaw St., Suhs 207 McKeesport, PA 15132 (412) 664-1590 FAX (412) 664.0873 Mon-Valley Unemployed Committee 120 E. 9th Avenue HOInesisad, PA 15120 (412) 452.9962 FAX (412) 462-9984 Housing Oppartvrttties inc. 133 Severnh Street P-0. Box 9 McKeesport, PA 15134 (412) 684-1906• FAX (412) 664-0873 Credf: Counselors of PA 401 Wood Street, Suite 906 Pittsburgh, PA 15222 (412) 338.9954 or 1(800).737.-2933 FAX (412) 336.9963 CAMBRIA COUNTY Bedford-Fution Housing Services R1.01, Box 984 Everett, PA 15537 814) 623.9129 AX (814) 623-7187 CCCS of Weslem PA 217 E. Plank Road Altoona PA 16802 (B 14) 944-8100 FAX (814) 944-5747 Indiana County Community Action Program 827 Water Street, Box 187, Indiana, PA 15701 (412) ASS-2657 FAX (412) 465-5116 Keystone Econ Development Corp. 1954 Mary Grace lane Johnstown PA 15901 (814) 635-8556 .FAX (814) 539-1666 CCCS of Westem PA 219-A College Park Pinza Johnstown PA 15904 (814)539-6335 Tableland Services, inc, 535 East Main Street : Somerset PA 15501 -9628 FAX)(014) 443-3696800.452-0148 L`?ME?j,QNI COUNTY fuoRftem Tier community Action Corp. P.O. Box 389 135 West-41h Strost Emporium, PA 15834 (814) 486-1161 FAX (B14) 486-0825 CCCS of Westen PA 217 E. Plank Road Altoona PA 16602 (?811??4)1944.8Q1DO C 7q CC'?Bof YYeslah PA7 '217 E. Plank Road Altoona, PA 16602 t (614) 944.8100 .FAX (614) 944-5747 `?6.2 ca1? •600 of Schuylkllt county 225 N. Centre Street tPottaVAR, PA 17901 {570) 622.1995 FAX (570) 622-0479 NATIONAL CITY ..,.,My„ verrey a61 cresent Coun' Lit • Whitehall PA ISM2 61o-821-4011 or 800-220-2733 570 & 814 wily for 8000 FAX .,,610) 821.0137 CCCS of Northeastern Pennsylvania $AD0 Abington SUMM Pat(t, SUb 1 parka Summkt PA 18411 (570) 687-9163 OR 1.800-922=9537 FAX (570) 567.9134/9135 31 W. Markot'St. Wakes-Barre, PA 18702 FAX)(570)-OL37 or 800.922.9537 621-1796 9 South 7th Street Stroudsburg PA 1838o FAX)(A2 020.898 OD-922-9537 1631 S Atherton St, Suite 100 State College, PA 16801 (814) 238.3668 FAX (814) 238.3669 Commission on Emnomtcs Opportuniy of. Luzeme County 183 Amber Larne Wakes-Barre, PA 16702 (570) 826.0510 OR 1.800.822-0359 FAX (570) 829.186.5--CALL BEFORE FAXING (570) •455-4994 HAZELTON FAX (570).456463!--CALL BEFORE FAXING (570) 836.4090 TUNKHANNOCK CENTRE COUNTY CCCS of Western Pennsylvania, inc. 217 E. Plank Road Altoona, PA 16602 (814) 944-8100 FAX (814) 944-5747 LycomIng-Clinton Co Comm For Community Action (STEP 2138 Lincoln Street P.O. Bolt 1328 Williamsport, PA 17703 (570) 325-0587 FAX (670) 322-2197 CCCS or Northeastern PA 1931 S. Alnorw St, Suite 100 State Co" PA 16801 F814) 238-0et98 AX (814) 238-3868 COOS of Northeastom PA 201 Basin Street WhIltunapOri, PA 17703 (570) 326-0587 FAX (570) 3.22-2197 Acoom Ft?ousing Corporation 546 North Broad Street Philadelphia, PA 191SD (215) 765.1221 FAX (215) 765-1427 Northwest Counseling Services 5001 N, Broad Stroal Philadelphia, PA 19141 (215) 324.7500 FAX'(215) 324.6753 Budget Counseling Center 247 Norttl Fifth Street Reading, PA 19601 (610) 375-7666 FAX (61() 375.7830 CCCS of Delaware Valley 1515 Market Street. Suito 1325 Ph(tadetphia, PA 19107 (215) 560.5665 FAX (215) 563-7020 RACE 167 W../),p any Aw, 2nd Ft. Philadelphia, PA 19140 (215) 42e•SD25 FAX (215) 426-9122 Community Housing Counseling inc P.O. Box 244 Kennett Square, PA 19348 (610) 4443682 FAX (610) 444.9243 Media Feltowahip Houso 302 S. Jackson Street Media, PA 19063 (610) 555-0945 FAX (810) 565.8567 Ph9a Council For Community AdV 100 North .17th Street, Suite 600 Philadotphla. PA 19103 (215) 567=7803 FAX (215) 983-9941 Tabor Community Services, Inc. 439 E. King Street Lancaster, PA 17602 (717) 397-5182 OR 1-3DD-788.5062 (H.O.oniy) FAX. (717) 399-4127 Community Devet. Corp of Frankford Group Ministry 4620 Grissom Street Pf lladaiphia. PA 19124 (215) 744-2990 FAX (215) 744-2012 American'Red Cross of Chester 1729 EQgemont Avenue Chester. PA 19013 (610) 874-1484 COOS of Oola-ara Valley Marshall Building 790 E. Market SL, Suite 215 West Chester, PA 19362 (215) 563-5665 American Ctedit Counee6nQ lnetitUlo 645 -Coates SL Coatesville PA 19320 (065) 212-6741 144 E- Dekelb Pike Kin"' of Prussia. PA 19406 wo) 971.2210 FAX (610) 265-4814 755 York Rd, 8atte 103 Warminster PA 18974 .(216) 444-9428 FAX (215) 956-5344 ?j,ARlOn COUNTY CCCS of Westem Pennaykartia. Inc. YMCA Building 339 North Washington Sheet Butler, PA 16001 (412) 282-7812 r-LF?1RFl_Ft n r_ot1uTY Keystone Economic Dowiopmenl Corporation 1954 tZly Orace Lane Johnstown, PA 15901 (81d) 53$-6556 FAX (1314) 539-1686 inchans Co_ Community Action Program 827 water Street, Box 167 . Indiana, PA 16701 (724) 465-2667 FAX (412) 4657511E CC'S of Westam Pennsylvania. Inc. 217 E. Plank Road Altoona PA 16602 F814) 944-8100 AX (814) 944.5747 ccr-S of Northeastern PA 1631 S Atherton SL, Sulk 100 Sta1 Coliepe, PA 16801 4814 238-3668 FAX (eta) 238-Se89 CCCS of Western PA 219-6. College Padt Plaza Johnstown PA 15904 (Std) 539-6335 Cj,ttYTON COUNTY Lycaming-Clinton Counties Commission For Community Action (STEP) 2138 Lincoln Street P.O. Box 1329 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322.2197 CCCS of Northeastern PA 1631 S Atherton St., Sulte 100 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Nanhestem PA 201 Basin Street Wifllamapon, PA 17703 (S70) 323-6627 FAX (570) 323-6626 0Q) Mm COUNTY CCCS of Nonhaastern PennsyNanta 31 W. Market Street P.0- Box 1127 wlikes-Barre, PA 16702 (570)(570) 211.083 7 OR 1-600.922-9537 FAX B-17B5 1400 Airington E3(90 ive Parlt, St*01 Clarks Summitt, PA 18411 FAX)(57587 0 S8E7 9134/9135 B.DO--922.9537 Comn*=n on EWnomcs Opportunity of.Luzome'Outthty 1 B3 Arr ber Lane Wilkes-Barre. PA 18702 (570) 826-051 o on 1-800.822-0359 FAX (570) 829-1665-CALL BEFORE FAXING (570) 455.4994 HAZELTON FAX (570) 455-5631--CALL BEFORE FAKING (570)' 836-4090 TUNKHANNOCK QF3A T. Washington Center 1720 Holland Street Este, PA 1SSW (814) 453.5744 . FAX (814) 4535749 Greater Erie Community Action Committee 18 L- :41 9th Street Erie, PA 16.501 (614) 459-4581 FAX (614) 456.0161 John F. Kennedy Center, inc' 2021 East 20th Street Erie. PA 16510 (814) 896-0400 FAX (814) 698.1243 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 R COOS o m Pennsylvania, Inc. 2000 Lingleslo.m Road Harrisburg. PA 17102 (717) 541-1757 FAX (717) 5414670 17, 2002 10 TAM NAT'I DNAL CITY -OCT. ? - -._ .........?.,? 6evoex of PhBadetpttia CounrJ{ For Community Franklin Adv a1 West 3rd Street 100 North 17Ih Street Wayneslwro, PA 17268 Suite 80o (717) 762-3285 PhIlA lelptva, PA 19103 (215) 357-7803 Urban League of Metropolitan Harrisburg N. 61h Street Harrisburg, PA 17101 (717) 234.5925 FAX (717) 23"459- YWCA or Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 PAX (717) 731.9569 FAX (216) 90-9941 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 171 Dd (787) 232.9757 FAX (717) 234.2227 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, PA 17325 (717) 334-1516 FAX (717) 334-13326 I DAUPHIN COUNTY CCCS of Western Pennsylvania, Inc. 1 2000 Unglestown Road Harrisburg, PA 17102 (717) 641.1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg 2107 N. Wh Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Commission of the Capital Region 1514 Deny Street Harrisburg PA 17104 i (717) 232-9757 FAX (717) 234-2227 OELAWAIiP CaUNTY Atom Housing Corpont6on 646 Norm Broad Street Philadeiptita. PA 19130 (215) 765-1221 FAX (215) 7e5-1427 , Noithwost Counseling Service 5001 North Broad Street Phtiadelphla, PA 19141 (215) 324-7500 FAX (215) 324-8753 CCCS of Delaware Valley 1 S 15 Market Sireet-S trite 1325 Philadelphia, PA 19107 (215) SS3.5685 FAX (215) 664-2666 MACE 167 W. Allegheny Ave., 2nd Floor Philadelphia, PA 19140 ' (215) 426-13025 FAX (215) 426-9122 Media Fellowship House i 302 S. Jackson Street Media PA 19083 t (610) 565.0846 i PAX (610) 565-8567 Community Mousing Counselor, Inc. P.O. Box 244 Kennett Scuara PA 19348 ' (670).4x4-3862 FAX (610) d44-8243 Community Devel Corp of Franklord Carotlp Ministry 4520 Grissom'Street PhilacialI30s, PA 19124 (215) 744-299D FAX (215) 744-2012 American Red Crass of Chester 1729 Edgmont Avenue Cnester, PA-19013 ,,,(610) 874.1484 CCCS of Delaware Valley 290 North Providence Road Media, PA 19063 (215) 663-5665 ACCI 175 Strafford Ave, Suite 1 Wayne PA 19087 (61o) 971.2210 FAX (610) 667-7860 ACCT 144 E Dskalb Pike King of Prussia, PA 19406 (610) 971 2210 John F, Center, Inc. 2021 East 20th Street Erie, PA 16511) (814) 898.0400 . FAX (814) 8919-1243 Northam Tier Community AC1lon Corp P.O, Box 389 135 West 4th street Emporium, FFA 15834. (814) 486-1161 FAX (814) 486.0826 E$e COUNTY Booker T. Washington Center 172D Hohnr d Street Erie, PA 16503 (814)-453-67A4 FAX (814) 453-5749 Greater )trio Comrnutvly Action Committee 1B West 9th Street Erie, PA 16501 (614) 459.4581 FAX (814) 456.0181 John F. Karmec y Center, Inc. 2021 East 20th Street Erie, PA 16510 (0z4) B98-D400 FAX (814) 898-1243 EAVt='r VZ c tit Action Housing, Inc, 425 fin Avenue, Suite 950 FrUmbutph. PA 15219 (412) 39.1.1956 or (412) 281-2102 FAX (4129 391-4512 Community Action Southwest 22 West High Rtrae( Waynesburg, PA 15370 (724) 852-2893 CCCS of Westem Pennsylvania, inc. 1 North Gale Square #2 Garden Center Drive Greensburg, PA 15601 (724) 838-:290 Fayette Co. Community Action Agency Inc. 137 North bessoh Avenue Uniontown, PA 154x1 (724) 437-6050 OR 1.80D-4274NF0 FAX (412) 437-4418 Tableland Services line, 131 North Center Avenue Somerset, PA 15501 (814) 445-9628 FAX (814) 443.300 CCCS. Of Western PA 198 Edison Street Uniontown PA 15401 (724) 439-8939 Nan-Valley Unemployed Committee 120 E. Stn Aamnue Homestead, PA 15120 (412) 452.9962 f=bDRST COUNTY Warren-Forrest Counties Econornir, Opportunity Council 204 Liberty Street Post Office Box 547 Warren, PA 16365 (814) 726.2400 FAX (814) 723-0510 FRANKLIN GOI Financial Services Unlimited 31 Wool 3rd Street Waynesboro, PA 17266 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 V17) 243-3818 AX (717) M-3948 CCCS of western Pennsylvania, Inc, 812 South George Street York, Pik 17403 (717) 846.4176 American Red Ctosr-Hanover Chapter 529 Carfl to Street Hanover, PA 17331 (7 17) 637-37683 FAX ,(717) 637-3294 Community Action Cottmia3ion of C6pdal Region 1514 Derry Sheet Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Urban League ai Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234.5925 FAX (717) 234-9459 CCCS nr'Wesiam PA 2000 Ungtestown Road Harrisburg. PA 17102 (717) $41.1757 FAX (717) 641-4670 Su, 11-LO Weatherisalion office 917 Mifflin Street Huntingdon, PA 16652 (814) 643=2343 ?RF_t-ifE COUNTY Action Housing, Inc, 425 6th Avenue, Suite 950 P111,915UMM. PA 15219 (412) 381-1956 or (412) 251.2102 FAX (412) 391.4512 Mori-Valley Unemployed Committee 120 E. 9m Avenue Homestead, PA 16120 (412) 462-9962 FAX (412) 462-9954 Community Action Southwest 22 West Kgh Street Waynesburg. PA 15370 (724) $92-2893 FAX; (412) 627.7713 CCCS of Western Penneytvanla. Inc 1 North Gate Squaro #2 Garden Canter Drive Grocnsburg• PA 16601 (724) 838-1290 gubmNGDON COUNTY t3edlord-Fulion Housing Services RD 1. Box 384 Evaretl, PA 15537 (814) 623-9129 FAX (614) 623.7197 CCCS of Western Pennsylvania. Inc. 217 E. Plank Road Altoona, PA 16602 (814) Ad-9100 FAX (814) 9445747 Weatheffzation ON= 917 Mfrfrn Street Huntingdon. PA 16652 (814) 643-2343 UDtaNa AUNTY CCC5 of Western Pennsylvania. Int- l North Gate Square #2 Caatden Center Drive Graensburp. PA 15601 (724) 836-1290 Indiana Co. Community Action Program 827 Water Street. Box 1137 In6raruL PA 15701 (724) 465-2657 FAX (412) 465.51 18 .,,Keystone Economic Development . Corporation 1954 Mary Gram Lane Johnstown, PA 15901 (814) 535.6556 FAX (814) 539-1688 CCCS of WesWm PA 219-A College Park Plaza Johnstown PA 159th (814) 539.6336 - JEFF ERAON COUNTY Joan F. Karmedy Center, lnc. 2021 East 201h.Stroot Erie, PA 18510' (614) Bas-0400 FAX (ej,l) 898.1243 CCCS of Western Pennsylvania, Inc YMCA Building 339 North Washirlpton Street Butler, PA 16001 (724) 282-7912 Indiana County Community 04don Program 827 Water Street. Box 187 Indiana. PA 15701 (724) 485-2657 FAX (412) 4e5S118 Adams County Housing /uulhodty 139-143 Carliale St, Gettysburg. PA 17325 (717) 33d-1519 FAX 937) 334-13326 IvisT.?L-C.?Y Bedlcrd-Fulton Housing Services R.D.#1, Box 384 Everett, PA 15537 (814) 6Z349123 FAX (914) C23-7187 Financial Counseling Services of Franklin '/1 31 West 3rd Street Waynesboro. PA 17268 (717) 762.3205 CCCS of Western PenrcAvania, Inc. 912 South George Street York PA 1'7403 (717) 546.4176 OCT. 17, 2002Y10:37AM CCCS of Western Pennsylvana, Inc. 217 E. Plank Aoad ARoona PA 115602 (814) 844-8100 FAX (81A) 844-5747 Weatherizafion Office 917 Mifflin Street Huntingdon, PA 166S2 (814) 643.2343 LACKAWANNA GoIfNTY CCCS of Nom"wastam Pennsylvania, 31 W. Market Street P.O, Box 1127 Mices•Sarro, PA 18702 (570) 821-0837 OR 1.800-922-9557 FAX (570) 821-1785 1400 Abctgaxl Execuliva Park St*a i Clarks Sumnlitt, PA 18411 (9701587-91 63 or 800.9554537 FAX (570) 587-9134/9135 LAlvQAMR QOUb= Community Housing Counsolom, Incorporated P.O, Box 244 Kennau Square, PA 19348 (215) 444-3682 FAX (215) 444-3178 CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (215) 821.4011 1-B00.22D-2733 (717) & (814) ONLY FAX (215) 621.8932 CCCS of Western Pennsylvanta, Inc. 912 South George Street York, PA 17403 (717) 846.4176 Tabor Community Services, Inc. 439 E. King Street LAnceslef PA 17602 (717) 397.5152 OR 1-600.788-5062 FAX (717) 399-4127 LAWRI:NCF G,UN' Y CCCS of Western Pennsylvania tat Federal Plaza-Suite 406 North Mill Street t Now Castle, PA 16101 (724) 652-6074 312 Chestnut Street, Suite 227 Meadville PA 16335 (8`14)333-8570 Shenango Valley Urban Ireague. Ina 601 Indiana Avenue Ferrell. PA 16121 (724) 961.5310 Housing Opporlunkios of Seaver County 650 Corporation St., Stifte 207 Beaver, PA 15009 (724) 726.7202 FAX (412) 728-7202 IF.BaupN Cot,?N'? Economic Opportunity Cabinet of Sortuylldtl County 225 North Contra Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622-0429 Tabor Community Service,, Inc A39 E. King street Lancaster, PA 17eO2 (717) 397-5162 OR 1-800-788-5082 FAX (717) 399-4127 NATIONAL CITY CCCS of Lehigh Valley. 3671 Cieseent Court East Whlteha0, PA 19052 821 (570) & (8 4) ONLY 1-800-220-27M FAX (610) 8214932 Economic Opport Cabinet of Schuykilt Co 225 North Contra Street Pottsville, PA 17901 (570) 922-1995 FAX (570) 822-0429 LUZERNF COUNTY CCCS of Northeastern Pennsytvanta 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821.0837 OR 1-800-92249537 FAX (570) 82t-1785 1400 Abington Executive Park Suite 1 Clarks Summitt, PA 113411 (570) 587.8163 or 600.922-B537 FAX (570) 587-913419135 Comm, an Econ Opportunity of Luzeme County 163 Ambov Lane Wickes-Barre, Pennsylvania 18702 (570) 826-D510 OR 1.806.822-0359 FAX (570) 829-1865--CAUL BEFORE FAXING (570) ASS 4294 HAZELTON FAX (57D) 455-5631-CAUL BEFORE FAXING (570). 836.4090 TUNKHANNOCK EOC of Schuylkill County 225 North Centre Street Pottsville; PA 17901 (570) 622-1995 FAX (570) 622.0429 LYCQ W. COUNTY CCCS. of Northeastern Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkey-Barre, PA 18702 821-01137 FAY)(570) 821-1 1-800-922-9537 1400 Abington Exacuttvs Park Suite 1 Clarks Summits; PA 18411 (570) 587.9163 or.3D0-922.9537 FAX (570) 587.918419135 201 Basin Street 1MlfiaM3PM, PA 17703 (570) 3236627 FAX (570) 323-6826 Lycommq-CSnton Counties Commission For Community, Action (STEP) P-m Lincoln Street P.O. Sax 1328 WllfiamSport,. PA 17708 (570) 326-D5B7 FAX (570) 372-2197 M.QUAN coy NTv John F. Kennedy Center, Inc. 2021 East 20th street Eria, PA 16510 (814) 899.0400 FAX (814) 898-1243 Northern Tier Community Action Corp P.O. Box 389 . 135 W. 41h Street Emporium, PA 15834 (814) 486-1161 FAX (814) 486.8825 ?,RPE15, COU 1N Shonango.Vafioy Urban League. Inc. 601 Indiana Avenue Farrell, PA 16121 (774) 961.5310 11V, ILI. •. - CCCS of Western Perlrisyivarda. Inc: YMCA Building 339 North Washington Street Buller. PA 18001 (724) 282-7912 NiFFLIN COUNTY CCCS of Westem Pennsylvania, Inc. 217 c Plank Road Altoona PA 16602 (814) 944-8100 FAX (814) 944-5747 Weathalizetion Office 917 MIMIn Street Huntingdon, PA 16652 (814) 643,2343 CCCS of Northeastern PA 1831 S Alhermn SI Sulfa 100 Stale College PA 16801 (614) 236-3668 FAX (814) 23B-3609 Medls FeitowsNp House 302 S. Jackson Street Media, PA 19063 (6'RO) 565.0846 Phila Caund For Community Advm 100 North 171h Street, Suha 600 Philadelphia, PA 19103 P 15) 567.7803 AX (215) 993-9941 American Credit Courtsefing insthuu 845 Coates SL CoaterAlla, PA 1x320 (869) 212-5741 144 E. Dekatb Pike King of Prussia PA 19406 (610) 971-2216 FAX (610) 265-4614 755 York Rd„ Suite 103 Wsrmlrmer PA 18974 (21 S) 444-9429 FAX (215) 956.6344 moNflnl<COUNTY CCCS Of Northeastern Permsylvanis 31 W, Market Street P.O. Box 1127 Witkea-Barre, PA 18702 (570) 821-0937 OR 1-800'922-9537 FAX (570) 821.178$ i400 Abington Executive Park Suite 1 Clarks Sammitl PA 18411 183 FAX)(570)9587 913 /9135' -8537 9 South 7th Street Slroudsbug? PA 18360 or 8 FAX)(579) 4420.898100-922-9537 Comm on Econ Opp of Luzernc County 163 Amber Lane Wilkes-Bern, PA 18702 (670) 626-0510 OR 1.800.622.0359 FAX (570) 629-1665--CALL SSFORE FAXING (570) 455-4894 HAZELTCIN FAX (570) 455-5101-CALL BEFORE FAXING (570) 836.4090 TUNKHANNOCK MDTt'r?MEar rouNTY Acorn Housing Corporation 9+x8 North Broad Street Phlladstph(a, PA 19130 (215) 765-1221 FAX (215) 766-1427 Northwast Counseling service $001 M. Broad Street Philadelphia. PA 19141 (215) 324-7500 FAX (215) 324.8753 CCCS of Delaware Valley Norristown Business Center 190 W. Germantown Pike', Sufic 140 Norristown PA 19401 (215) •56'3-5865 •; Community Action Development Comm 701 De <Alb Street Norristown, PA 19401 (610) 277-6363. FAX (610) 277-2123 CCCS of Delaware Valley 1515 Market Street, Suite 1325 Phiiadelphik PA 19107 (215) 563-5685 FAX (215) 864-2566 Community Housing Counseiors Inc P.O.. Box 244 Kennett S"re, PA 19346 (215) 4444682 FAX (215) 444-8243 M•t7t?TTOUR COUNTY CCCS of NoAheastam Pennsylvania 31.W. Markel street P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821-0837 Oct 1-BOD-922-9537 FAX (570) 821.1785 1400 ADingion. Execufivo Park, Suite 1 Claris Summili, PA 18411 (570) 587.9163 or 800-922.9537 FAX (570) 587-9134!9135 r NO?tAn?ta?t co_uury COCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 621-4011 OR (717) & (814) ONLY 1.800-220.2733 FAX (610) 621.8932 UMBFRf?Nb GOiIWTY NORTH CCCS at Nonhaattern Pennsylvania 31 W. Market Street P.O. Box 1127 Wickes-Barre, PA 18702 (570) 821-0837 08 1-600-922.9537 FAX (570) 821.1785 1400 Abington 69ea1.111ve Part Suite 1 • Clerks Summit!, PA 18411 (570) 587-9163 or 800.922-9537 FAX (570 567-913419135 -201 Basin Street Wflliamapon. PA 17703 (570)'3236627 FAX (570) 3Z3-6626 E.r -.vine Opportunity cabinet of Schuylkill County 225 North Centre Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622•!3429 QSRRY gq-VM CCCS of westcm Pennsylvania. Inc 2000 Linglestown Road Harrisburg. PA 171M (717) Sd 1.1757 FAX (7171,541-A670 Financial Counseling Services of Franklin 31 Wort 31C Street Waynesboro, PA 17268 (717) 762.3235 Urban Losgue or Metropolitan Harrisburg 2107 N.61h Streel t'tarrisburg, PA 17101 (717) 2348925 FAX•(717) 234-9459 r? M RATI057 CITY NU, 1L10. ,v VU CT: I-[. m4=1 0 , 3 6 A „vet, CCG9 of western Pennsywanin. Inc. ' -oc 917 k0flin Street CCCS Of Nortneasibm Pennsylvania 2196A Coilsge Pane Pfrtxa Huniirlgo7on, PA 16652 ' 31 W, Market Street. POB 1127 Johnslown PA 15904 (814) 643-2343 Wilkey-Barre, PA 1871)2 (914) 53si-6335 {570) 821.0837 OR 1.800-922.9537 YWCA of CarlLtta FAX4M) 821.1785 301 G Street Cariaie, PA 17013 (717) 243-3818 FAX (717) 243.3948 Community Action Commission of The Capils( Region 1514 Derry Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 PHII ALIEr PHIA D NTY Acorn Housing Corporation 646 North Broad Street Philadelphia, PA 19130 (215) 765-1221 FAX (215) 765-1427 Nortnweat Courraeling Service 5001 N Broad Street Phiadelphia PA 19141 (215) 324-7500 FAX (215) 324-8753 CCCS of Delaware Valley 1515 Mariiet Streat, Subs, 1326 Phltacielphia, PA 19107 (215) 563-5666 FAX (215) 864-2666) CCCS or Delaware Valley One Cherry H11, Suite 215 Cherry Hilt NJ O9002 (215) 563-5665 HALE 167 W. Allegheny, 2nd FI Philadelphia, PA 19140 (2167 426-8025 FAX (215) 426-9122 Housing Assodation of Delaware Valley 1500 Walnut Strut, Suite 601 Philadelphia, PA 19102 (2166) 545-6010 FAX (215) 790.9132 Media Fellowship House 3D2 S. Jackson Street Media PA 19063 (510) sas-0946 FAX (651) 585-8587 Housing Association of Delaware Valley 658 North Wells, Stroot Philadelphia., PA 19123 (215) 978-=4 FAX (215) 785-7614 PCCA itto Nortt+ 17TH Strect.5uite 800 Philadelphia, PA 19103 (215).667-7803 FAX-(215) 963-9941 ,Comm Dsval. Corp of Frankford Group mint" 4620 Otiscom Street PhlaCoiphia PA 19124 t (215) 744-2990 FAX (215) 744-2012 American Credit Counseling Institute 845 Coates St t Coatesville PA 19320 (868) 212-6741 144 E Dokalb Pike ,King of Prussia PA 19406 -61D-971-2210 '61 D-971 2210 755 York Rd, Suite 103 Walrmnstar PA 18974 FAX(215) 9664344 1400 Abington Executive Park. Sutle 1 Ciafits Summit PA 18411 FAX )(S70) 567-9163 or -9537 67.9134/9135 9 South 71h Street Stroudsburg PA 18360 FAX)(4 0420.89880"?5V PAIR mum m tt wm Tar Community Action Corp. 135 Weal 4th SVeM Emporium, PA 15634 (6111) 488-1161 FAX (8141) 486-0825 =nUy1MLL COL1t= Budget Counseling Center 247 North Firth Street Reading. PA 19601 (610) 375.7866 FAX (610) 375-7630 Econ Opport Cabinet of SchuykV Co 225 N, Centre Street Pottsville. PA 17901 (570) 622.1995 FAX (570) 622-0429 Commission on E00n Oppltrnhy of Litz CO. 163 Amber Lane WMkes-Berra PA'18702 (570) 626-D510'OR 1.8004822-0359 FAX (570) 629-1685- CALL BEFORE FAXING (570) 4554994 NAZELTON FAX (570) 455.5631--CALL BEFORE FAXING (570) 836.4090 7UNKHANNOCK =CS of Lehigh Valley P,Q. Sox 'A WhiMhalt PA 18052 (610) 621-4011 FAX (610) 821-8932 CCCS of Wastem Penroylvania, inc 2000 Ungiestown Aoad Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541 .4670 Urban League of Metropolitan Harrisburg 2107 N. sin Street Harrisburg PA 17101 17101 (717) 541.1757 FAX (717) 2311-9459 Community Action Comm of the Capital Region 1514 Doty Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 23-2227 2M93S-TT C LV= Bedford-Fulton Housing Services R.DAn, 13OX 364 1=verot1l, PA 15537 (814) 023-9129 FAX (814) 623-7187 Bedlord•Fulton Housing Services x964 mary Grace Lane Johnstown PA 15901 FAX (814) 539-1688 CCCS of Waatem Pennsylvania, trtc. 1 North Gate Square 92 Gordon Center Drive Gr ansbu?g, PA 15601 (724) 838-1290 Tableiahd Services Inc. 535 East main Street Somerset, PA 15501 (814) 445.9628 - 1.MO-452-0146 FAX (814) 4433890 Cum t y" f?NTY CCCS of Nanneastr•m Pennsylvania 1400 Abington Exacubve Paflk Supo 1 Claris SummIU, PA 18411 FAX )(57D) 667-9163 OR 9537 B7.913"IU 31 W, Market St. Wi[kee-Barre PA 18702 AX) (57o 8529 178500.922-9537 FAX The Trehab Center of Northeastern PA 18S Elmira Street, P.O. Dort 215 Troy, PA 16947 (570) 297-2101 FAX (570) 297-2799 Gemran'Street. P.O. Bar 389 FAX(570)297 2799 (570) 928-9686 FAX (57D) 92B•8144 1.7 Craton Street Wallsboro, PA 16901 (5701 724-WM FAX (570) 724-57S3 931 Main Street Honeadate PA 18431 (570) 2334941 FAX (570) 253.4817 103 warren Street, P.Q. Box 709 TunNhannock.'PA 1B667 PAX (570) 836-6332 •7 Lake Avenue. Bar 339 Montrose, PA 16801 FAX)(570) 278-1089 -9.00-082,4045 fi=t MANNA GOLrNTY CCCS of NoflhQastem'P?IyVXnia 1400 Abington ExacuBve•Park, Suite 1 Clarks Sumrnht. PA 16411 FAX (570) 597-8013411913.5 922-9537. 31,W. Market St. Wlkss.Batre PA 18702 )(670) 82'1-1785 9;;2-9537 FAX The Trehab Cartier of Northeastern PA 185 Elmira Street, P,O. Box 218 Troy. PA 16947 (570) 297x2101 FAX (570) 297.2799 German Street, P.C. Box 389 FAX (5701297-2799 (570) 928-9668 FAX (570) 928-6144 17 Cratton Street Wellsbaro, PA 16901 (670) 72a-5252 FAX (570) 724-5783 931 Main Street Honesdale PA 18431 (670) 253-SW FAX (570) 2534617 I= Warren Street, f ,O. Box 709 7unkhsnnock, PA 18657 (570) B36-6540 FAX (570) 636-6332 7 Lake Avenue, Box 339 Montrose. PA 18801 (57 )(Zn Z 681ee -800-962.4045 PAX CCCS of Northeastern Pennsytvanta 1400 Abinq= Executive Park Sulic Larks Suanmtlt, PA 18411 (57O) 587.9163 OR 1.600-922.9537 FAX (570) 587-913441135 31 W. Market SL w4kes-Barre PA 15702 FAX (SM) 8800-922.9537 . The '17cttab Cerny of Northeastern PA 165 Elmira Saes!, P.O. box 218 Troy, PA 16947 (S70) 297-2101 FAX (570) 297.2799 German Street, P.O. Box 389 FAX(570)897.2799 (570) 928-9668 FAX (570) 926.8144 17 Cralion Shea' Weliaboro, PA 16901 (70) 724.5252 FAX (570) 724-5783 931 Main Slroal Honesdale PA 18431 (670) 253.8941 FAY (570) 253-4817 103 Warren Street, P.O. Box 709! 'runkhannook PA 18657 (570) 838.0940 FAX (S70) 836-0332 7 Lake: Avenue, Box 339 Montrose. PA 18801 (FAX)(575= 1099 or 1 800-962-4045 N Lyr_oMjng.crjnjojj Cc Comm For Can Action (STEP) 2139 Lincoln Street, P.O. Box 1328 Wiitiarnspon, PA 17703 (57o) 328-0567 FA.X (717) 322-2197 CCCS or Western Pennsywania. Inc. 217 E. Plank Road Altoona PA 16602 (814) 944-SIDO (814) 944.6100 CCCS of NOr6wauam Pennsylvania 1400 ,Abj pore Ex 119NO Park, Suite 1 Claris SummlO, PA 10411 (570) 587-9163 OR 1-800.922-9537 FAX (570) 56 7-91 3419 1 35 al W. Market SL Wifkr-,,a ute PA 18702 0.922-9537 )821 821785 (570). FAX 201 Benin Street valitarnapoft, PA 17703 (570) 323.6527 FAX (570) 323.6626 VENA-N92.00= Greeter Ene COMMU1111y Action committee 18 West 9TH Street Erie, PA 19501 (814) 459-4581 FAX (814) 456.01& 1 ,lotus F, Kennedy Center, Inc 2021 East ZDth Street Eric, PA 16510 (814) 898-0400 FAX (514) SWI243 OCT. 17. 2002P10 : ?9AM,,w_ IMi.K btrrtotrtp 339 North Washington Street Butter, PA 16001 (412) 282.7812 WARREN CQUM Booker T. Washington Center 1720 Holland Street Fria, PA 16503 (614) 453.6744 FAX (814) 453-574g Greater Erie Community Action committee 18 West 9TH Street Erin, PA 16501 (814) 4519.4581 FAX (814) 456-0167 WerrerrForrest Countlas Economic Opportunity Council 1209 Pennsylvania Avenue, West P.O. Box 547 Warren, PA 1C365 (814) n6-2400 FAX (B14) 723.0510 WASHINCTON.COLndTV _ Action Housing, Inc, 425 6th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 391.1956 ar (412) 281.2102 FAX (412) 391-4512 Community Acton Southwest 22 west High Street Waynesburp. PA 1537D (724) 852-2893 COOS of Wteetem Pennsylvania, Inc. 1 North Gate Square ' 02 Garden Center Drive Greensburg, PA 15801 CCCS of Western Pennsylvania, Inc 53 N. Cottage Street Washington PA 15301 (724) 2222-8292 Housing Opponurtlites, Inc 133 Seventh Street McKeesport, PA 15132 (412) 664.1590 FAX (412) 664-0873 Mon-Valley Unemployed Committee 120 E, 9111 Avenue Homestead, PA 1512D (912) 462-9962 FAX (412) 462-996 Credit Counselors or PA 501 Wood Street, Suite 906 Pittsburgh., PA 15222 (412) MS-9954 . or 1(800) 737.2933 FAX (412) 336-9963 WAVNE C,?UhITY CCCS of Northeastern Pennsylvania 1400 Abington Executive Park,, Suite 1 Clarks Summid, PA 18411 (570) 587-9163 OR 1.800-922-9S37 FAX (570) 567-913418135 31 W. Markol St. Wllke9-Burt PA 18702 (570) 821.0837 or 800.922.9537 FAX (570) 821-1786 9 Soutr, 7th Street . Stroudsburg PA 18360 (570) 42018980 or 800-922-9537 FAX (570) 420-6981 s The Trehab Cornea of Northeastern PA 185 Moira Strao(, P.O. Sox 218 Tmy. PA 16247 (570) 297-2101 FAX (570) 297-2799 NATIONAL CITY w, r.d. Box 389 FAX (570) 297-2799 (57D) 928-8888 FAX (570) 928-8144 17 Cralion Street Welisboro, PA 16801 (57D) 724-5252 FAX (57D) 724.5783 931 Main Street Honeadala PA 13431 (570) 253-8941 FAX (5570) 253-4817 103 Warren Street, P.O. Box 709 Tunkhannodc, PA 18W-7 (570) 836-61144 FAX (570) 836.8332 7 Lake Avenge, Box 339 Montrose, PA 18801 (570) 276-3338 or 1-800.982-4045 FAX (570) 278-1869 WESTMORELAND CQUNTY Action Housing, Inc, 425 6th Avenue, Suite 950 Ptttaburgtl, PA 15219 (412) 391-1956 or (412) 281-2102 FAX (412) 391-4512 Community Action Southwest 22 West High Street Waynesburg. PA 15370 (724) 852-2893 CCCS of, Western Pennsylvania, Inc. 1 North Gate Square #2 Garoen Center Drive Greensburg, PA 188D1 (724) 838-11290. CCCS of Weatern Pennsylvania, Inc 199 Edison Street Uniontown PA 15401 (724) 439-0939 Housing Opponuniites, Inc 133 Seventh Street McKeesport, PA 15132 (412) 664-1$90 FAX (412) 664-0873 Mon-Valley Unemployed Committee 120 E. 9th Avenue Homestoad, PA 15120 (412) 482.9962 FAX (412) 462+996 Indiana Co Conxnurllty Action Program 827 Water Stroot, Box 187 tndLarie, PA 15701 '(724) 485-2657 FAX (724) 465-6118 Keystone EcummIc Devolopinont Corporation 1954 Weary Grace Lane Johnstwn, PA 16901 814) 535.8656 AX (814) 539-1888 Tableland Services Inc. 535 East main street Somerset, PA 15501 (814) 44$-9628 I -SDO-452.0148 FAX (814)'443-300 Credit Counselors of PA 401 ' Wood Street, Suite 906 Pittsburgh, PA 15222 412) 3383954 or 1(800) 737.2933 AX (412) 33-0-9963 NO, 1219, Wyt)MrNG G' fIrrV Common Econarnics.Opportunity of Luzatne Co 183 Amber Lane Whites-Burro. Pennsylvania 18701 (570) 826-0510 OR 1.80MZ2-0359 FAX (570) 829-1665--GALL BEFORE FAXING (670) 45$-4994 HAZELTON FAX (570) 455.5631-CALL BEFORE FAXING (570) 8364090 TUNKHANNOCK CCCS of NoMwastern Pennsylvania 1500 Abirgloin Executive Ptak, Stte 7 Clarks Summiti, PA 16411, ( FAX)(57587-9163 OR 0 587-91341913?2?537 31 W. Market SL W11kes-Sarre PA 18702 (570) 921-0837 or 800-922-9537 FAX (570) 821-1785 Ttte Trehab Center of Northoanterrt PA 185 Elmira Street, P.C. Box 218 Troy, PA 16947 (570) 297.2101 FAX (570) 297-2799 Gerrnw Street. P.Q. Box 359 FAX(570)297-2799 (570) 928.9666 FAX (570) 928-6144 17 Crahon Street Wellsboro, PA 16901 (570) 724-S252 FAX (570) 724-5783 931 Main Street Honatdele PA 18431 (570) 253$941 FAX (570) 255.4817 103 Warren Street, P.O. Box 709 Tunkhannooi4 PA 18657 L570) 836-6840 FAX (570) 836-6332 7 take Avenue, Box.339 Montrose, PA 18801 (570) 278=3338 or 1-800-982-x045 FAX (570) 276-1889 Y,ORK COUNTY American Red Cmss"Henovcr Chapter 529 Carlisle Street Hanover, Pennaylvania 11331 (717) 637-3768 FAY? (717) 637.3294 Housing•Council of York 118 North George Street York, PA 17401 (717) 854-1541 FAX (717)_845-7934 COOS of Westam Pennsylvania, inc 2000 Ungtestown Road Harrisburg, PA 17102 CCCS of Weatem Pennsylvania, Inc 912 South George Street York, PA 17403 (717) 846.4176 Adams County Housing Authortly 139-143 Carlisle St Gettysburg PA 17325 (717) 334.1518 FAX (717) 334.8326 ,r F, ( ) ti V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN,LAW OFFICES, P.C. BY l/ Attorneys for 1 intiff MARK J. UDREN, ESQUIRE STUART WINNEC, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE '`3 FTI SHERIFF'S RETURN - REGULAR CASE NO: 2009-00756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAGARO JOSEPH R ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAGARO JOSEPH R the DEFENDANT , at 0016:50 HOURS, on the 12th day of February-, 2009 at 5911 STEPHENS CROSSING MECHANICSBURG, PA 17050 by handing to JOSEPH MAGARO DEFENDANT 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 10.80 .00 _"1?0 .40?z_ 10.00 R. Thomas Kline .00 38.80 02/13/2009 UDREN LAW OFFICES day By. A. D. " r-a i" K.-? _ w .- ""'r"i - --S S"? ? C:'? ?i?i n? ?? --- - -; ?; t? - .?'- C_ SHERIFF'S RETURN - REGULAR CASE NO: 2009-00756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAGARO JOSEPH R ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MAGARO JENNIFER DEFENDANT the , at 0016:50 HOURS, on the 12th day of February-, 2009 at 5911 STEPHENS CROSSING MECHANICSBURG, PA 17050 was served upon by handing to JOSEPH MAGARO HUSBAND OF DEFENDANT 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 • Surcharge 10.00 R. Thomas Kline .00 16.00 02/13/2009 UDREN LAW OFFICES Sworn and Subscibed to By: before me this day ep ty er of A.D. ?., i °? ?__? <'?? ..:?i `? V# _ i ? ... ? `? 4 Y?' { . o .9. " w UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF f BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com National City Mortgage Co. € COURT OF COMMON CIVIL DIVISION Plaintiff Cumberland County V. Joseph R. Magaro € NO. 09-756 Civil Term Jennifer Magaro Defendant(s) PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: (? N Kindly amend the above caption from National City Mortgage Co. to National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Marguerite L. Thomas, Esquire Attorneys for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadingsna,udren.com National City Mortgage Co. = COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Joseph R. Magaro Jennifer Magaro NO. 09-756 Civil Term Defendant(s) CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that I have served or caused to be served a true and correct copy of the Praecipe to Amend Caption upon the following person(s) named herein at their last known address or their attorney of record: xxxxx Regular First Class Mail Certified Mail Other Date Served: March lo- , 2009 TO: Joseph Magaro 5911 Stephens Crossing Mechanicsburg, PA 17050 Jennifer Magaro 5911 Stephens Crossing Mechanicsburg, PA 17050 UDREN LAW OFFICES, P.C. A'aa A /)fi/) " BY: A 90 W-/ WL/ Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simon, Esquire Marguerite L. Thomas, Esquire Attorneys for Plaintiff Ala h V j '"" `Cs 5 oo f t - y 9 C4 :. W f1 Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPykosh( cdlaw.net Attorney for Defendants NATIONAL CITY MORTGAGE IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No: 09-0766 - CIVIL TERM V. Mortgage Foreclosure JOSEPH R. MAGARO, and JENNIFER MAGARO, Defendants Civil Action - Law National City Mortgage Co. c/o Chandra M. Arkema, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Ste. 200 Cherry Hill, NJ 08003-3620 You are hereby noted to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. ?L;*Kel J. Pykos , Esquire Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPykoshaa,dcdlaw.net Attorney for Defendants NATIONAL CITY MORTGAGE IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No: 09-0756 - CIVIL TERM V. Mortgage Foreclosure JOSEPH R. MAGARO, and JENNIFER MAGARO, Defendants Civil Action - Law DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Joseph R. Magaro and Jennifer Magaro, by and through their attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who respond to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendants are without knowledge as to the truth of veracity of this allegation and therefore can not offer a response. By way of further response, paragraph #4 of Plaintiffs Complaint contains conclusions to law to which no response is necessary. To the extent that a response is deemed judicially required, the averments of paragraph #4 of Plaintiffs Complaint are specifically denied with strict proof demanded at time of trial. 5. Denied. The averments of paragraph #5 of Plaintiffs Complaint contain conclusions of law to which no response is necessary. To the extent that a response is deemed judicially required, the averments of paragraph #5 of Plaintiff's Complaint are specifically denied with strict proof demanded at time of trial. 6. Denied. After reasonable investigation, Defendants are without knowledge as to the truth of veracity of this allegation and therefore can not offer a response. By way of further response, paragraph #6 of Plaintiffs Complaint contains conclusions to law to which no response is necessary. To the extent that a response is deemed judicially required, the averments of paragraph #4 of Plaintiffs Complaint are specifically denied with strict proof demanded at time of trial. 7. Denied. The averments of paragraph #7 of Plaintiffs Complaint contain conclusions of law to which no response is necessary. To the extent that a response is deemed judicially required, the averments of paragraph #7 of Plaintiffs Complaint are specifically denied with strict proof demanded at time of trial. 8. Denied. The averments of paragraph #8 of Plaintiffs Complaint contain conclusions of law to which no response is necessary. To the extent that a response is deemed judicially required, the averments of paragraph #8 of Plaintiff's Complaint are specifically denied with strict proof demanded at time of trial. WHEREFORE, Defendants, Joseph R. Magaro and Jennifer Magaro, respectfully request that this Honorable Court dismiss Plaintiffs Complaint and enter judgment in their favor. NEW MATTER 9. Defendant, incorporates and make parts of this New Matter paragraphs 1 through 8 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 10. Plaintiff s Action may be barred by doctrine of laches. 11. Plaintiff s Action may be barred by the doctrine of res judicata. 12. Plaintiffs Action may be barred by the doctrine of estoppel. 13. Plaintiffs Action may be barred by the doctrine of waiver. 14. Plaintiff's Action may be barred by the doctrine of unclean hands. 15. Plaintiffs Action may be barred in whole or in party by the applicable statute of limitations. 16. Plaintiffs Complaint failed to include a proper verification as required by Pa. R.C.P. 1024. 17. Plaintiff has failed to reference or attach Promissory Note. WHEREFORE, the Defendants, demand judgment in their favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: -3 la '? By: Michael J. Pykosh, Esquire I. D.# 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant VERIFICATION I, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to auftrities. Date: March LU, 2009 VERIFICATION I, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: March )?, 2009 NATIONAL CITY MORTGAGE COMPANY, Plaintiff V. JOSEPH R. MAGARO, and JENNIFER MAGARO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 09-0756 - CIVIL TERM Mortgage Foreclosure Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: National City Mortgage Co. c/o Chandra M. Arkema, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Ste. 200 Cherry Hill, NJ 08003-3620 Dated: 3" 1.9 -U Q Respectfully Sub ed, By: ?;Ivzrl GA A<. Pykosh, Esquire I.D.# 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff N c- -t 1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren,com National City Real Estate Services, LLC, COURT OF COMMON PLEAS successory by merger to National City € CIVIL DIVISION Mortgage, Inc., f/k/a National City Mortgage € Cumberland County Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro NO. 09-756 Civil Term Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 9. This paragraph requires no response. Plaintiff incorporates by reference Paragraphs 1-8 of its Complaint in Mortgage Foreclosure, as if fully set forth at length herein. 10. Denied. This averment is denied as a conclusion of law to which no response is required. 11. Denied. This averment is denied as a conclusion of law to which no response is required. 12. Denied. This averment is denied as a conclusion of law to which no response is required. 13. Denied. This averment is denied as a conclusion of law to which no response is required. 14. Denied. This averment is denied as a conclusion of law to which no response is required. 15. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiff avers that the Statue of Limitations in an action in mortgage foreclosure is twenty (20) years (42 Pa. C.S.A Section 5529(b ) , and thus, Plaintiffs action was timely commenced. 16. Denied. This averment is denied as it refers to a written document which speaks for its self. 17. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Defendant's objection in paragraph 17 of the Answer, that the subject Note are not attached to the Complaint, is mis#laced and of no consequence. First, the Note is specifically incorporated by reference into paragraph 3 of the Complaint, in accordance with Pa.R.C.P. 1019(g), In addition, this is an in rem action against the subject premises, based on the subject Mortgage, and therefore, the Note is not a necessary writing to the instant action. In any event a true and correct copy of the Mortgage is attached hereto as Exhibit A. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's New Matter, and award judgment in Plaintiff s favor as prayed for in its Complaint. UD P.C. By: Louis Simom Attorney for Plaintiff NOTE 0002841606 December 5 , 2003 M111CEANIC11=0 PA [Date} [cityl [State] 804, 806, 808 A&B FAIRFIRLD, NZCEANICSB1MG, Pennsylvania 17055 [Properly Add=&] 1. BORROWER'S PROMME TO PAY In return for a loan that I have received, I promise to pay U.S. $ 143,100.00 (this amount is called "Principal"), plus intemst, to the order of the Leader. The Lender is NATIONAL CITY MDRTGAGB CO I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has bon paid. I will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every mouth. I will make my monthly payment on the 12t day of each month beginning on February 1 , 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at National City Mortgage Co . , P O Boa 17677, Baltimore, MD 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,197.92 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment" When I make a Prepayment, I will tall the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Now, However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on die Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, thence will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees m writing to dxm changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 4ftSN (0207) Form 32001/01 i VMP MORTGAGE FORMS - (800)621-7 Papa 1 of 9 laklals. EXHIBIT A ism 1 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of I5 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days afar the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if. at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Now Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Now Holder at the address stated in Section 3(A) above or at a different address if I an given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note; each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorad of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises trade in this Note. The Note Holder may enforce its rights under this Now against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment. and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. For ftbN (0207) rage 2 of 3 leis 10. UMFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Hokler under this Now, a Mortgage, Deed of Trust, or Security Dead (the "Se ctrity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Now. That Security Instrument dewribes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Intense in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender stall give Borrower notice of acceleration. The notice shall provide a period of not I= than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seat) t.J1R0 -Borrower Borrower 5@9514 4*893017S ( Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower -(See) -Borrower -(Seal) -Borrower (sign origins! Onlyl 4ft5N (0207) Page 3 of 3 Form 82001/01 I' NOTE 0002841606 December 5 , 2003 Ni CRRNXCOBURG PA [Date] [may) [State] 804, 806, BOB A&B FAIRFIELD, IQCHANICSBURG, Pennsylvania 17055 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a ban that I have received, I promise to pay U.S. $ 143,100.00 (this amount is called "Principal"), phns interest, to the order of the Lender. The Lender is NATIONAL CITY mbRTGAez CO I will make all payments under this Note in the farm of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Now is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 96, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Pbee of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on February 1 , 2004 I will make these payments every month until I have paid all of the principal and interest and any other dharges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principe[. If, on January 1, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at National City mortgage Co . , P O Box 17677,, Baltimore, ND 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,197.92 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid mi mst on the Prepayment amount, before applying my Prepayment m reduce the Principal mount of the Now If I mama a partial Prepayment, them will be no changes in the due dale or in the amount of my monthly payment uNess the Note Holder agrees m writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT 4ft ilN (0207) Form 32001/01 ranStar National Title hereby VMP MORTGAGE FORMS - (800)S21-7 + certifies this to be a true and Page + of 3 Inl+iala: certified cop of the original. n 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holda may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAELURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Now Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full mount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in defauh, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may requite me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered _ by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable haw. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a diffa=t address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mole than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its tights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the, rights of Presentment and Notice of Dishonor. "Presentinent" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. For 4ft ISM (0207) Papa 2 of 9 lab 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in scone jurisdictions. In addition to the protections given to the Now Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes tow and under what editions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of time editions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beryl interest in Borrower is sold or transferred) without Lender's prior wriu m consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is probbited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shag provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any reanedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) (??RO -Borrower iim -Borrower S89514 589301 75 (Sod) -Borrower -(Seal) -Borrower (seal) -Borrower (Seal) -Borrower [Sign Original Only] (Seal) Borrower (Seal) -Borrower Page 3 of 3 Form 8200 1101 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pieadings*udren.com National City Real Estate Services, LLC, COURT OF COMMON PLEAS successory by merger to National City CIVIL DIVISION Mortgage, Inc., Mda National City Mortgage € CumberlandCounty Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro NO. 09-756 Civil Term Defendants CERTIFICATE OF SERN71CE The undersigned, hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail rO?tthher (certificate of mailing) Date Served: March ?-T 2009 TO: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill PA, 17011 UD d, FES, P.C. By: Louis Simom Attorney for Plaintiff T1 CD w.v ? UDREN LAW OFFICES, P.C. BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO. #75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-756 Civil Term Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co., by its undersigned attorney, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above- captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff is entitled to Judgment as a matter of law. 2. Defendants, Joseph R. Magaro and Jennifer Magaro, filed an Answer to the Complaint in which Defendants effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendants owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendants admits outright, and/or in part, paragraphs 1, 2 and 3 of the Complaint, thereby admitting, inter alia, that Defendants are the real owners and mortgagors of the within mortgaged property. Although Defendants purport to deny and/or fails to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 4, 5, 6, 7, and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et sM.). 7. Defendants' New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial, and contains mere conclusions of law. 8. Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22 ) to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. 10. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of debt due and unpaid $111,098.05 Interest at 5.875% from July 1, 2008 to April 7, 2009 4,458.65 (the per diem interest accruing on this debt is $17.88 and that sum should be added each day after April 8, 2009) Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance 349.86 Late Charges 239.60 Attorney's Fees (anticipated and actual to 5% of principal) 5,554.90 TOTAL $122,306.06 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, Joseph R. Magaro and Jennifer Magaro, in the amount of $122,306.06, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property; and, that Defendants' New Matter be denied and dismissed with prejudice. Respectfully submitted, UDREN LAW OFFICES, P.C. C By. Es __ Alan M. Minato, Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO. #75860 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, = COURT OF COMMON PLEAS successor by merger to National City CIVIL DIVISION Mortgage, Inc., f/k/a National City Mortgage Cumberland County Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro € NO. 09-756 Civil Term Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co., by its undersigned attorney, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above- captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff is entitled to Judgment as a matter of law. 2. Defendants, Joseph R. Magaro and Jennifer Magaro, filed an Answer to the Complaint in which Defendants effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendants owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendants admits outright, and/or in part, paragraphs 1, 2 and 3 of the Complaint, thereby admitting, inter alia, that Defendants are the real owners and mortgagors of the within mortgaged property. 5. Although Defendants purport to deny and/or fails to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 4, 5, 6, 7, and 8 COPY UDREN LAW OFFICES, P.C. BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO.#75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-756 Civil Term Defendants PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. STATEMENT OF FACTS Plaintiff filed the instant action in mortgage foreclosure against the Defendants for the failure to make mortgage payments pursuant to a Mortgage entered into by Joseph R. Magaro and Jennifer Magaro. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiff s favor where the Defendants herein are in default on their Mortgage for failure to make payments for an excessive period of time? III. ARGUMENT Pursuant to Pa.R.C.P. 103 et sue., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendants essentially admit the material facts set forth in the Complaint, which include, inter alia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default on the Mortgage; and that Plaintiff properly sent Defendants the combined notice specified by Acts 6/91. Defendant's Mortgage account is due contractually for the period August 1, 2008 to date, a period of nine (9) months to the time of filing of this Motion. Thus, Defendants are essentially living in the mortgaged premises for free. As a result of Defendant's nonperformance, the present action was filed, as of this date, Defendants have failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 4 through 8 of the Complaint, Defendants have admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). In an action in mortgage foreclosure, the entry of summary judgement is proper, even though the defendants never admit the amount of indebtedness in their pleadings, where it is admitted that the mortgage is in default, that the mortgagors have failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount. Landau v. Western Pennsylvania Nat. Bank, 445 Pa.217, 282 A.2d 335 (1971). Defendants purport to deny, in whole or in part, the averments contained in paragraph 4 through 6 of the Complaint as merely statements regarding Defendants' "lack of knowledge". It is well settled that an Answer is unacceptable and an admission where it is clear that the Defendants have adequate knowledge or that the means of obtaining information are within the Defendant's control. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich-Amram 2d Section 1029(c)(1) P. 280. The subject mortgage is recorded with the Recorder of Deeds and therefore a public record. Thus, means of obtaining this information is well with the Defendants's control. The sum due Plaintiff are easily calculable under the terms of the Mortgage, the contents of which are clearly within Defendants' knowledge and control, and Defendants have totally failed to tender a payoff or reinstatement of sums due to date. See Plaintiffs Affidavit in Support of the Motion. Since Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). With respect to Defendant's denial of paragraph 7 of the Complaint, Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 260 Pa.Super. 455, 410 A.2d 344 (1979). Under the circumstances, the attorney's fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of Intention to Foreclose (41 P. S. Section 101, et sue.) is only required when the original bona fide principal amount of the mortgage is Fifty Thousand Dollars ($50,000.00) or less. The original bona fide principal amount of the subject Mortgage is in excess of $50,000.00. See, Exhibit A attached hereto. Thus Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et sue.) The Pennsylvania pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et sue.) states: "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b)...." At the time Plaintiff sent Defendants the statutory combined pre-foreclosure Notice, Defendants' last known address was the mortgaged premises. Plaintiff (mortgagee) properly sent Defendants the Notice to this address, as evidenced by the true and correct copy of the Notice attached to the Complaint as Exhibit A. It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. In this respect then, it should be noted that Defendants' Answer effectively admits every allegation of the Complaint. DEFENDANT'S NEW MATTER Defendant's New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial and consists of mere conclusions of law. The New Matter does not set forth factual grounds precluding Defendant's obligation to pay the Mortgage, and therefore, it should be rejected by the Court. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendant's Answer New Matter has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff is entitled to Summary Judgment as a matter of law. Respectfully submitted, UDREN LAW OFFICES, P.C. } ?. By c Alan M. Minato, Es e__ Attorney for Plaintiff VERIFICATION The undersigned hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source ofhis information is public records and reports of Plaintiff s agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Dated: April -7 , 2009 - Alan M. Minato, Esquire -' Attorney for Plaintiff lol? 1 S T :'. ZIEGLcR vi GEED' r P, L r ' M"? Prepared BY' Return To: RICK FONTANA TranStar National Title NATIONAL CITY MORTGAGg Co 2201 W Plano Park,va};, Suite 152 1403 Corporate Center Parkway Plano, TX 75075 Santa Rosa Ca 95407 Parcel Number: [Space Above This Line For Recording Data] MORTGAGE 0002841606 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, I3, 18, 20 and 2I. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated Decemb together with all Riders to this document er 5, 2003 (B) "Borrower" is JOSEPH R MAGARO and JENNIFER MAGARO Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender" is NATIONAL CITY MORTGAGE CO Lender is a corporation PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ?® S(PA) ioooe> Form 3Q39 1/01 Page 1 of 78 Inhlals YMP MORTGAGE FORMS -(8001521- BK 1854PG4386 EXHIBITA organized and existing under the laws of THE STATE OF OHIO Lender's address is 3232 Newmark Drive, Miamisburg, ON 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Decembers, 2003 The Note states that Borrower owes Lender ONE HUNDRED FORTY THREE THOUSAND ONE HUNDRED & 001100 Dollars (U.S. $ 143 ,100.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2019 (E) "Property" means the property that is described b,law under the heading "Transfer of Rights in the Propem " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Q Adjustable Rate Rider Q Condominium Rider Second Home Rider Q Balloon Rider ? Planned Unit Development Rider 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider Q Other(s) [spay] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. iaRlale •8(PA) boor) Page 2 of 16 Form 3059 1101 81t 1854PG4387, (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifickons of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction) of Cunberland [Name of Recording Jurisdiction]: EXHIBIT A ATTACHED which currently has the address of 804, 806, 808 A&B FAIRFIELD, tstreetl MECHANICSBURG [City], Pennsylvania 17055 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a 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 Instrument as the 40 6(PA) (0008) Page 3 of is BCE i 854PG4388 Wile Form 3039 1101 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all, insurance required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect 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 exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 1n -S(PA) (ooos) Page 5 of is Form 3038 1101 8KI854PG4389 Funds. Lender 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, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perforating such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the liven while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within. 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. Ibis insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. In@fa (M 6(PA) (0008) Page 6 of 18 Form 3039 1/01 DuI854PG4390 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propem UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Not- and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; .(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Inkialat ®®6(PA) tooos) Page 4 al 16 Form 3039 1/01 BK I 854PG43911 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. InMlals v ®-B(PA) (oooe) Pager 7 of 16 Form 3039 7/07 BK l 854PG4392 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. tnltia (D®6(PA) 10ooe) Page8 of 16 Form 3059 1101 BK f 854PG4393 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lander required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender inquires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requitement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tams and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 07 InRI -6(PA) foooa) Pape c or tie *40r- Form 3038 1/01 I854PG4394 nu oft (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the wort; has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to setae a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Inltl G(PA) loooa) Pays 10 of 16 Form 3039 1101 BI{ 1854PG4395 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initials 4D®6(PA) tooos) Page 11 or 16 *?O Form 3038 1101 5K1854PG4396 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabr'h'ty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shalt mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Initia I= 6(PA) poos) Page 12 of 16 Form 3039 1/01 BKI854PG4397 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting bender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initial ® -S(PA) tooos) Paga 13 of 16 Form 3039 1101 SK f 854PG4398 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private part}, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cored; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration -and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect an expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initial ®-6(PA) (oooa) Pala to of is Form 3039 1101 BX1854PG4399 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) XZSEPH R MAGARO -Borrower (Seal) -Borrower (Seal) -Borrower _ (Seat) -Borrower ®-6(PA) (oaoe) r-1 " ?fi Vem (Seal) IFER GARO -Borrower jf? (Seat) -Borrower (Seal) -Borrower (Seal) -Borrower page 15 01 16 BKI854PG4400 Form 3039 1/01 Certificate of Residence do hereby certify that the correct address of the i -named Mortgagee, is '? Z 3 Lec..ll, 1e- 'tom ?MM?' Witness my hand this 5-PIN day of De.? 2-,,P-3 --4 ? Agent of Mortgagee u/m" k ou* d , County ss: COMMONWEALTH OF PENNSYLVANIA, On this, the 4.^ day of DZZX?b -' , "03 , before me, the undersigned officer, personally appeared } 4 5 h R. rn o q Q r C) AL-^d 'J :at %n m d j c ro known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: "Otow sew Wr co PXRary COU?tty ?_ , MExpires May 21, 2005, ? ,penrgtr aaAssodatmOINotsdo v Title of Officer y; (0008) Page 180} 18 SKI854PG440I • - • Exhibit A Legal Description All those three certain tracts of ground situate in Monroe Township, Cumberland county, Pennsylvania, described as follows, to wit: Tract No. 1: All that certain lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, on the north side of Fairfield Street, being Lot No. 86 in a certain plan of lots known a "Point Comfort", laid out for George B. Vogelsong and Minnie C. Vogelsong by Clark A. Bryan, Engineer and Surveyor. The above described lot of ground is granted and conveyed subject to the restrictions that no building shall be erected on said lot within twenty feet of the front line of the said lot. Tract NO. 2: All that certain lot of ground situate in Monroe Township, Cumberland county, Pennsylvania, situated on the north side of Fairfield Street, being Lot No. 87 on a certain plan of lots known aF "Point comfort", as laid out for George B. Vogelsong and Minnie C. Vogelsong, his wife, by Clark A. Bryan, Engineer and Surveyor. Tract No. 3: All that certain lot of ground situate in Monroe Township, Cumberland county, Pennsylvania, situated on the north side of Fairfield Street, having a frontage on said street of 50 feet, and a width in the rear of 50 feet, and a depth of 141.5 . Said lot being bounded on the south by said Fairfield Street, on the est by Lot NO. 87 on the hereinafter mentioned plan of Lots on the north by a 5 foot private right of way or alley and on the west by Lot NO. 89 on said plan. Being Lot NO. 88 in a certain plan of lots known as "Point Comfort", laid out for George V. Vogelsong and Minnie C. Vogelsong, his wife, by Clark a. Bryan, engineer and Surveyor. Having thereon erected an apartment building known and numbered as 804-808B Fairfield Street, Mechanicsburg, Pennsylvania, formerly erroneously designated as 804-806-A. Tax Id#:22-24-0783-043 I Certify Luis to be 1•e?. ofded In Cumberland County PA Recorder of Deeds BK 1854PG4402 0002841606 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 5th day of December 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to NATIONAL CITY MORTGAGE CO (the "Lender") of the same date and covering the PropeM- described in the Security Instrument and located at 804, 806, 808 A&B FAIRFIELD, MECBANICSBURG, Pennsylvania 17055 [Property Address] 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ' Initials: Page 1 of 4 3 01101 40-57R (0008) VMP MORTGAGE FORMS - (800)521-7291 BK 1854PG4403 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Larder all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lander shall be entitled to collect and receive all of the Rents of the Property; (iii) Initial ?57R pool) Page 2 of 4 4k 9 Clio, BK i 854PG4404 R ; L Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. Initial ®®57R (0008) Page 3 of 4 a70 BK 1854PG4405 ,i BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. (Seal) PLI, 6__P? (Seal) ??R MAGARO -Borrower IFER + -Borrower M0 j (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (We 57R (0008) i r . Page 4 of 4 Form 5170 1101 BK 1854PG4406 App r 115954957.doc ----- HIST-------- -------------- * LOAN HISTORY -- ----------- --------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD /DESCRIPTION 12-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 11-17-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 10-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 09-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 08-22-08 08-08 314 SCHOOL TAX DISBURSEMENT 2,012.02- 0.00 0.00 2,012.02- PAYEE = 370410605 532.14 ----- HIST------- --------------- * LOAN HISTORY *- ----------- --------------(MORE) PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-06-08 08-08 173 PAYMENT ,505.56 650.82 547.10 302.64 5.00 S SPEEDPAY PY BY PHONE 1"_ 1,098.05 2,544.16 07-1--08 07-08 173 PAYMENT =1505.56 647.65 550.27 302.64 5.00 S SPEEDPAY PY BY PHONE 1"_ ',798.87 2,241.52 x 06-09-CE 06-08 _73 PAYMENT -,505.56 644.49 55--.43 302.64 5.00 S SPEEDPAY PY BY PHONE 11 2,396.52 1,938.88 05-16-08 05-08 _73 PAYMENT 1,512.56 641.35 556.57 302.64 12.00 S SPEEDPAY PY BY PHONE . :"_ 3,041.01 1,63E.24 ----- P.ISI------- --------------- * LOAN HISTORY -- ---------- --------------- (MORE) PROC-DT DUE-DT IRA,, TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE -RAN-AMT P RINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-28-08 05-08 -73 PAYMENT .30 0.00 0.0G 0.00 __9.30 LATE CHARGE FEE 04-28-0E 04-0€ 1,-3 PAYMENT x-.00 638.23 559.6c 3C2.64 11 3,682.36 1,333.60 04-28-08 03-08 173 PAYMENT 3,013.12 635.12 562.80 302.64 12.00 S SPEEDPAY PY BY PHONE _- 4,320.59 1,030.96 04-23-08 04-08 313 CITY TAY. DISBURSEMENT 591.93- 0.00 0.00 591.93- PAYEE = 370410206 728.32 ----- HIST------- --------------- * LOAN HISTORY *- ---------- ---------------(MORE) PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT P RINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-16-08 03-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 03-26-08 03-08 351 HOMEOWNERS INSURANCE DISBURSEMENT 851.00- 0.00 0.00 851.00- PAYEE = 80000 1,320.25 03-21-08 03-08 173 PAYMENT 0.00 0.00 0.00 0.00 179.70 1 LATE CHARGE FEE 179.70- SUSPENSE 03-17-08 03-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 03-05-08 02-08 173 PAYMENT 0.00 632.02 565.90 281.22 ----- HIST------- --------------- * LOAN HISTORY *- ---------- ---------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/C D/DESCRIPTION 11 4,955.71 2,171.25 03-05-08 01-08 173 PAYMENT 0.00 628.94 568.98 302.64 - 1 - 115954957.doc 115,587.73 1,890.03 03-05-08 12-07 173 PAYMENT 4,654.25 625.88 572.04 291.93 116,216.67 1,587.39 02-19-08 12-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 01-16-08 12-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 ----- HIST---------------------- * LOAN HISTORY PROC-DT DUE-DT IRAN TRAN-DESCRIPTION ':RAN-AMT PRINCIPAL INTEREST ESCROW 12-26-07 11-07 173 PAYMENT 0.00 622.83 575.09 291.93 116,842.55 1,295.46 12-26-07 10-07 173 PAYMENT 3,100.00 619.79 578.13 29'_.93 __,,46_5.38 1,003.53 12-1-1-07 10-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 10-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 10-16-07 10-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 5.00 S SPEEDPAY PY BY PHONE 179.70 SUSPENSE 59.90-1 LATE CHARGE FEE 59.90-1 LATE CHARGE FEE -----------------------(MORE) TRAN-EFFECTIVE-DATE AMOUNT/CD/DESCRIPTION 120.30 1 LATE CHARGE FEE 59.90-1 LATE CHARGE FEE 59.90-1 LATE CHARGE FEE 59.90-1 LATE CHARGE FEE -----H=ST----------------------- LOAN HISTORY *--- PROC-DT DUE-D7 TRAN TRAN-DESCRIPTION TRAN-AMT PRINCIPAL INTEREST ESCROW 09-24-0I 10-07 173 PAYMENT 59.90 0.00 0.00 0.00 09-24-07 09-07 173 PAYMENT 1,501.85 6----6.78 581.14 291.93 118,085.17 711.60 09-17-07 09-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 05-23-07, 08-07 314 SCHOOL TAX DISBURSEMENT 7.44- 0.00 0.00 ',977.44- 419 5- 08-10-0- 0E-07 PAYMENT 1,494.85 613.77 584.15 291.93 ----- HIST---------------------- * LOAN HISTORY *--- PROC-DT DUF-DT TRAN TRAN-DESCRIPTION TRAN-AMT PRINCIPAL INTEREST ESCROW 118,701.95 2,397."_1 07-11-07 07-07 173 PAYMENT 1,494.85 610.78 587.14 291.93 119,315.72 2,105.18 06-13-07 06-07 173 PAYMENT 1,494.85 607.80 590.12 291.93 119,926.50 1,813.25 05-11-07 05-07 173 PAYMENT 1,494.85 604.84 593.08 291.93 120,534.30 1,521.32 04-11-07 04-07 313 CITY TAX DISBURSEMENT 572.91- 0.00 0.00 572.91- 1,229.39 04-02-07 05-07 175 PRINCIPAL PAYMENT 10.15 10.15 0.00 0.00 121,139.14 04-02-07 04-07 172 PAYMENT 1,489.85 601.85 596.07 291.93 121,149.29 1,802.30 03-21-07 03-07 351 HOMEOWNERS INSURANCE DISBURSEMENT 929.00- 0.00 0.00 929.00- PAYEE = 80000 1,510.37 ----------------------- (=E) TRAN-EFFECTIVE-DATE AMOUNT/CD/DESCRIPTION 59.90 1 LATE CHARGE FEE 12.00 S SPEEDPAY PY BY PHONE 59.90-1 LATE CHARGE FEE PAYEE = 37041060 5.00 S SPEEDPAY PY BY PHONE -----------------------(MORE) TRAN-EFFECTIVE-DA-E AMOUNT/CD/DESCRIPTION 5.00 S SPEEDPAY PY BY PHONE 5.00 S SPEEDPAY PY BY PHONE 5.00 S SPEEDPAY PY BY PHONE PAYEE = 370410206 ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION - 2 - 10, 115954957.doc 03-05-07 04-07 175 PRINCIPAL PAYMENT 03-03-07 59.90 59.90 0.00 0.00 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>» >>>>>>>>>>>>>>>>>>>>>>>>>>>>>» >>>>>>>>>>>>>>>>>>> - 3 - 0002841606 NOTE December 5 , 2003 MECHANICSBURG PA [Date1 [City] [State] 804, 806, 808 A&B FAIRFIELD, MECHANICSBURG, Pennsylvania 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 143,100.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is NATIONAL CITY MORTGAGE CO I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payme= under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 18t day of each month beginning on February 1 , 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on January 1, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at National City Mortgage Co., P o Box 17677,, Baltimore, MD 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,197.92 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment" When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT ®®5N (0207) Form 3200 1101 ranStar National Title hereby I I, n?t VMPMORTGAGEFORMS -(800)521-7 , certifies this to be a true and Page I of 3 Ina?als: certified copy of the original. ( s,N'Xi! IIf.?, I I I • 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. b. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Not- Holder may send me a written notice telling me tha: if I do not pay the overdue amount by 2 certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 2 lala db-5N (0207) Papa 2 of 3 1 ` 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) S GARO Borrower 0584514 _ (Seal) -Borrower (sue) -Borrower -(Seal) -Borrower -(Seal) -Borrower -(Seal) (Seal) -Borrower -Borrower [Sign Original Only] (Seal) IFSR Q -Borrower 5essal 75 ?5N (0207) Page 3 of 3 Form 3200 1101 I •, PAY4 0002841606 AS-OF 04/07/09 PAYOFF CALCULATION TOTALS 03/30!09 12:49:09 NAME JR MAGARO CONTACT NAME JOSEPH R MAGARO ------------------------------------------------------------------------------- PRINCIPAL BALANCE 111,098.05 ----------- RATE CHANGES ---------- INTEREST 04/07/09 4,458.55 CALC INT FROM RATE AMOUNT PRO RATA MIP/PMI .00 08/01/08 5.87500 4,458.65 ESCROW ADVANCE 349.86 04/07/09 ESCROW BALANCE .00 SUSPENSE BALANCE .00 HUD BALANCE .00 REPLACEMENT RESERVE .00 RESTRICTED ESCROW .00 TOTAL-FEES 57.00 AC:CUM LATE CHARGES 239.6 ACCUM NSF CHARGES .00 OTHER FEES DUE 90.00 PENALTY INTEREST .00 FLAT/OTHER PENALTY FEE .00 TOTAL INTEREST 4,45:.65 CR LIFE/ORIG FEE RBATE .00 TOTAL TO PAY07F 116,293.16 RECOVERABLE BALANCE 00 NUMBER OF COPIES: 1 PRESS PF1 TO PRINT ------------------------------------------------------------------------------- PAY3 000284160E AS-OF 04/07/09 PAYOFF FEES AND PERDIEM 03/30/09 12:48:56 ------------------------------------------------------------ -------------- ----- 1ST MORT PERDIEM INTEREST - ASSESS WAIVE ------- ADDITIONAL FEES ------- FROM RATE AMOUNT N N 1 37.00 RECORDATION FEE 04/07/09 05.87500 17.88 Y Y 2 .00 INTEREST IN LIEU CALCULATED N Y 3 .00 Y N 4 20.00 PRIORITY SERVICE FEE N N 5 .00 RECORD/RECONVEYANCE N Y 8 .00 N N 7 .00 N N 8 .00 N 239.60 ACCUM LATE CHARGES N .00 ACCUM NSF CHARGES N 90.00 OTHER FEE DUE ---------------------------------- MEMO ITEMS --------------------------------- PAYMENT L/C 59.90 T'A'P 13 ST 37 CNTY 041 INV 575 724 --------------------------- PF4: FEE COMMENT FROM PMSP: USER ID EJR SENT LETTER PS155 ON 12/18:`04. PLS-CLIENT 001 LOAN ACTIVE LOSS MITIGATION LOSS MIT IND = 9 COLL-PRESCREEN-D ACTIVE FORECLOSURE LOAN IS IN FORECLOSURE. F/C STOP' = 3 LOAN PAST DUE 7 MONTHS 089 DAYS PAST PROJECTED LEGAL DATE ------------------------------------------------------------------------------- PAY2 0002841606 PAYOFF CALCULATION 03/30/09 12:48:45 NAME JR MAGARO CONTACT NAME JOSEPH R MAGARO ------------------------------------------------------------------- AS OF VERBAL REVI REFI PAYT CSH-ADV SF-OFT 04/07/09 N Y N _ N 2 CCN CALL MTHD P/DM LETTER MSG DAYS F C D XP 60 1 30 CALC INT: 2 (I )THROUGH (2)TO AS OF ----------------------------* ADDITIONAL MESSAGES * ----------------------------- WARNING: AS-OF DATE IS SIX MONTHS OR MORE BEYOND LOAN DUE DATE FROM PMSP: USER ID EJR SENT LETTER PS155 ON 12/16/04. PLS-CLIENT 001 LOAN ACTIVE LOSS MITIGATION LOSS MIT IND = zi COLL-PRESCREEN-D ACTIVE FORECLOSURE JOAN = !L,.' FORECLOSURE, FL ESTOP LOAN PAST DUE _ MONTHS; --------------------------------------------------------------------------- LOAN TYPE 13 CONY. RES DISTRIBUTION TYPE 1 CONSTANT P&I INTEREST RATE 5.87500 DUE 09/01/06 INV NAME FHLM: INV LOAN 575-'24-723222027 INV PHONE 937/910-4270 PAY1 LOAN 0002841606 BILLING NAME AND ADDRESS JOSEPH R MAGARO JENNIFER MAGARO 5911 STEPHENS XING MECHANICSBURG PA 17050 TOTAL PRIN BALANCE DUE DATE 111,098.05 09/01/08 ---------------------------- PAYOFF INFORMATION MORTGAGOR f CO-MTGR SSN 200-58-9514 589-30-1775 -------PROPERTY ADDRESS------- 804 806 808 A 6 B F MECHANICSBURG PA 17055 LOAN DATE LOAN TYPE 13 12/05/03 COND. RES 03/30/09 12:48:34 MAN CODE D PAY PERIOD MONTHLY PAY METHOD 1 COUPONS ----------------------------------------PF6:TO FAX CONTACT NAME CONTACT PHONE NO. _/___ MAIL-TO NAME AND ADDRESS IF OTHER THAN BILLING NAME AND ADDRESS 4 STATE _ 7I° CONTACT2 NAME _ CONTACT2 PHONE NO. _ 3 4 STATE _ ZIP FROM PMSP: USER ID EJR SENT LETTER PS155 ON 12/16/04. PLS-CLIENT 001 LOAN ACTIVE LOSS MITIGATION LOSS MIT INC, = 01 COLL-PRESCREEN-D ACTIVE FORECLOSURE LOAN IS IN FORECLOSURE. F/C STOP = 3 LOAN PAST DUE 7 MONTHS 089 DAYS PAST PROJECTED LEGAL DATE ----------------------------------------------------------------------------- FEE1 0002641606 FEE ACTIVITY LEDGER 03/30%09 12:46:20 SELECTED CODES FROM MMDDYY PAGE 5 OF 5 JOSEPH R MAGARO 5911 STEPHENS RING JENNIFER MAGARO MECHANICSBURG PA 17050-6666 FEE DATE DATE DATE CODE DESCRIPTION ASSESSED AMOUNT PAID AMOUNT WAIVED AMOUNT 1 LATE CHARGE FEE 11-17-06 59.90 I PROP INSPECTION 12-05-06 9.00 1 LATE CHARGE FEE 12-16-06 59.90 PROP INSPECTIOk -30-06 9.00 I PROP INSPECTION 01-27-09 9.00 1 PROP 1 P,4 SPEC T ION; -V2-09 9. cic, I PROP INSPECTION 03-27-09 9.00 NET 307.60 TOTALS 1016.60 709.00 0.00 _* NO MORE ITEMS IN ACTIVITY LEDGER ** FEE1 0002541606 SELECTED CODES JOSEPH R MAGARO JENNIFER MAGARO FEE ACTIVITY LEDGER FROM MMDDYY 5911 STEPHENS XING MECHANICSBURG FEE DATE DATE CODE DESCRIPTION ASSESSED AMOUNT PAID S SPEEDPAY PY BY P 04-28-08 1 LATE CHARGE FEE 04-28-08 S SPEEDPAY PY BY P 05-16-08 12.00 S SPEEDPAY P'! BY P O -1 6-08. S SPEEDPAY PY BY P 06-09-08 5.00 S SPEEDPAY PY BY P Ci6-ci9-08 S SPEEDPAY PY BY P 07-11-08 5.00 S SPEEDPAY P) - BY P 07-11-08 S SPEEDPAY P'Y BY P 08-06-08 5.00 S SPEEDPAY PY BY P 08-06-08 1 LATE CHARGE FEE 09-16-05 59.90 1 LATE CHARGE FEE 10-16-08 59.90 I PROP INSPECTION 11-04-08 9.00 NET 307.60 TOTALS 1016.60 03/30/09 12:48:19 PAGE 4 OF 5 PA 17050-6866 DATE AMOUNT WAIVED AMOUNT 12.00 1 19.20 2. _ . Zvi L 5.00 E-..00 709.00 0.00 FEE1 0002841606 FEE ACTIVITY LEDGER 03/30/09 12:48:14 SELECTED CODES FROM MMDDY,' PAGE 3 OF 5 JOSEPH R MAGARO 5911 STEPHENS XING JENNIFER MAGARO MECHANICSBURG PA 17050-6866 FEE DATE DATE DATE CODE DESCRIPTION ASSESSED AMOUNT PAID AMOUNT WAIVED AMOUNT 1 LATE CHARGE FEE 12-17-07 59.90 1 LATE CHARGE FEE 12-26-07 120.30 I PROP INSPECTION 12-31-07 9.00 1 LATE CHARGE FEE 0 11 - 1 b-0f 59.9C, I PROP INSPECTION C,1-31-0 E'- 9.00 1 LATE CHARGE FEE S9 .90 S SPEEDPAY PY BY P 03-05-08 5.00 S SPEEDPAY PY BY P 03-05-08 5.00 I PROP INSPECTION OS-10-08 9.00 1 LATE CHARGE FEE 03-17-0ti:• 59.90 1 LATE CHARGE FEE 03-21-08 179.70 1 LATE CHARGE FEE 04-16-0" 59.9c, S SPEEDPAY PY BY P 04-28-08 12.00 NET 307.60 TOTALS 1016.60 709.00 0.00 FEE 1 0002841 606 FEE ACT I U I TV LEDGER 03/30/09 12:48:11 SELECTED CODES FROM MMDDYV PAGE 2 OF 5 JOSEPH R MAGARO 5911 STEPHENS RING JENNIFER MAGARO MECHANICSBURG PA 17050-6866 FEE DATE DATE DATE CODE DESCRIPTION ASSESSED AMOUNT PAID AMOUNT WAIVED AMOUNT S SPEEDPAV PV BY P 06-13-07 5.00 S SPEEDPAY P1' BY P 06-13-07 5.00 S SPEEDPAY PY BY P 07-1 1 -07 5.00 s PE- Dpr`i1' P'•i' BY [J!- i -?'^ ti FCI{, S SPEEDPAV PV BY' 08-1 0-07 5 .OG' E SPEEDPAV P'1' BY OZ,-10-07 E . 00 1 LATE CHARGE FEE 09-17-07 59.90 S SPEEDPAV PY BY P 09-24-07 12.00 S SPEEDPAY PY BY P 09-24-07 12.00 1 LATE CHARGE FEE 09-24-07 59.90 1 LATE CHARGE FEE 10-16-07 59.90 LATE: CHARGE FEE 11-1E-07 59,90 I PROP INSPECTION 11-30-07 9.00 NET 307.60 TOTALS 1016.60 709.00 0.00 FEE1 0002641606 SELECTED CODES JOSEPH R MAGARO JENNIFER MAGARO FEE ACTIVITY LEDGER FROM MMDDYY 5911 STEPHENS XING MECHANICSBURG 03/30%09 12:48:04 PAGE 1 OF 5 PA 17050-6866 FEE DATE CODE DESCRIPTION ASSESSED S SPEEDPAI' PV BY P S SPEEDPAI PV BY P 1 LATE CHARGE FEE 11-16-05 S SP E--'E ?i ?.P ?; ` P 1 LATE CHARGE FEE S SPEEDPAI' P"r'' E')' P S SPEEDPAI{ PI' BY P 1 LATE CHARGE FEE 02-16-07 S SPEEDPAI' PI' BY P 02-28-07 S SPEEDPAI' PV BY P 1 LATE CHARGE FEE S SPEEDPAI' PI' BY P 05-1 1 -07 S SPEEDPAY PIS BY P NET 307.60 TOTALS DATE DATE AMOUNT PAID AMOUNT WAIVED AMOUNT 11-07-05 5.00 11-11-05 5.00- E.g. 90 -2t-05 12.CUC 11-21-05 59.90 i'2-05-05 :. C,0 01-12-06 5.00 59.90 12.00 02-28-07 12.00 0-2-28-07 59.90 5.00 05-11-07 5.00 1016.60 709.00 0.00 P309 LN 0002841606 MORTGAGE LOAN HISTORY 03-30-09 NAME JR, MAGARO INV-LN 575-724-723222027 DUE 09-01-08 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0587500 FIRST PB 111,098.05 2ND PB .00 HUD .00 NET 1500.56 SF .00250000 SUSP .00 STOP D B P F N A D L REP .00 RES .00 0 0 0 3 0 8 0 4 APP 03-05 03-05 DUE 01-08 12-07 TYPE/TRAN 1 73 1 77-31 AMOUNT .00 4,654.25 PRIN-PD 628.94 625.88 PRIN-BAL 11E,587.7: 116..16.57' I NIT -PE 56f . 9' 7a. 04 ESC-PD 302.64 291.92 ESC-BAL 1,89 0-,::. 1 A6H-INS .00 .00 LIFE-INS .00 .00 LC/FEES .00 S 5.00 MISC-PD .OE, .00 ADV-BAL .00 .00 SUSP .00 179.70 SC/PAYEE PAGE 005 OF 005 TOTAL TRANS AVAILABLE 0022 OLDEST TRAN 03-05-0?:; 'P P309 LN 0002641606 MORTGAGE LOAN HISTORY 03-30-09 NAME JR MAGARO INU-LN 575-72 4-723222027 DUE 09-01-06 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0567500 FIRST PB 111,096. 05 2ND PB .00 HUD .00 NET 1500.56 SF .00250000 SUSP .00 STOP D B P F N A D L REP .00 RES .00 0 0 0 3 0 6 0 4 APP 04-16 03-26 03-21 03-17 03-05 DUE 03-06 03-06 03-06 03-06 02-06 TYPE/TRAN 1 52 3 51 1 72 1 52 1 73 AMOUNT .00 651.00- .00 .00 .00 PRIN-PD .00 .00 .00 .00 632.02 PRIN-BAL 114, 955.71 114,955.71 1 14,95;5.71 114,955.^1 114.955. 1 11'4T-PC1 .00 .00 0 , C)": . 65 . 9 ESC-PD .00 651.00- 00 oc, 26.22 ESC-BAL 1, a20.25 1,a20.25 27. , i , "i .2E , 1 1 .2; -2,171 .2F A6H-INS .00 .00 .00 0C1 .00 LIFE-INS 00 .00 .00 .0c) .00 LC/FEES 1 59.90- .00 1 179-.70 1 5c . 9Ei- .00 MISC-PD .00 .00 .00 .00 .00 ADV-BAL .00 .00 .00 .00 .00 SUSP .00 .00 179.70- .00 .00 SC/PAYEE 60000 W PAGE 004 OF 005 TOTAL TRANS AVAILABLE 0022 OLDEST TRAN 0S-05-c;6 ./P P309 LN 0002841606 MORTGAGE LOAN HISTORY 03-30-09 NAME JR MAGARO INV-LN 575-72 4-723222027 DUE 09-01-08 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0587500 FIRST PB 111,098 .05 2ND PB .00 HUD .00 NET 1500.56 SF .00250000 SUSP .00 STOP D B P F N A D L REP .00 RES .00 0 0 0 3 0 8 0 4 APP 05-16 04-28 04-28 04-28 04-23 DUE 05-08 05-08 04-08 03-08 04-08 TYPE/TRAN 1 73 1 73 1 73 1 ,_ 3 13 AMOUNT 1,512.56 119.30 .00 3,013.12 591.93- PRIN-PD 641.35 .00 638.23 635.12 .00 PR I N-BAL '113 '12141 .01 1 1 3, 682. a6 1 1 3' , 682 .3 114,320.59 i 1 4, 955 .71 i NT-PD 556.57 Oc) 55 .69 562 .,5C 00 ESC-PD _>02 .64 .00 3C'j .64 2C i2 .64 59 ESC-BAL 1,636.24 1 , 3 .6 1 ,'3 .60 1 , O?sC., . 9F• ? 28 . c A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEES S 12.00 1- 119.30 .00 S 12.00 .00 MISC-PD .00 .00 .00 .00 .00 ADV-BAL 00 .00 .00 .00 .00 SUSP 00 00 00 00 0C? SC/PAYEE W 370410206 PAGE 003 OF 005 TOTAL TRANS AVAILABLE 0022 OLDEST TRAN 03-05-08 :/P P309 LN 0002841508 MORTGAGE LOAN HISTORY 03-30-09 NAME TR MAGA RO INV-LN 575-72 4-723222027 DUE 09-01-08 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0587500 FIRST PB 111,098.05 2ND PE .00 HUD .00 NET 1500.55 SF .00250000 SUSP .00 STOP D B P F N A D L REP .00 RES .00 0 0 0 3 0 8 0 4 APP 09-15 08-22 08-05 07-11 05-09 DUE 09-08 08-08 08-08 07-08 05-08 TYPE/TRAN 1 52 3 14 1 ,w 7,33 1 73 AMOUNT .00 2,012.02- 1,505.55 1,505.5h 1,505,55 PRIN-PD .00 .00 550.82 547.55 544.49 PF,IN-BAL 111 OW. 05 111,098.05 1 11,098.05 111,748.87 112,396.52 INT-PC! Ji . .00 5 4_ . i C? 550. 27 55 .43 ESC-PD 00 2,012.02- 302' .64 3C 2 . e 4 2s02.6 ESC-BAL 5,3 _ . 1 4 532 . 1 4 =•44 . 1 6 27 , 24 1 .5-2 1 , 921 . 8 A8H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEES 1 59,90- .00 S 5.00 S 5.00 S 5.00 MISC-PD 00 .00 .00 .OCi 00 ADV-BAL 00 .00 .00 .00 .00 SUSP 00 ,00 0C? 00 .00 SC/PAYEE 370410505 ?1: ??: PAGE 002 OF 005 TOTAL TRANS AVAILABLE 0022 OLDEST TRAN 03-05-08 :/P P309 LN 0002841808 MORTGAGE LOAN HISTORY 03-30-09 NAME JR MAGARO INV-LN 575-72 4-72522202.7 DUE 09-01-08 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0587500 FIRST PB 111,098. 05 2ND PB .00 HUD .00 NET 1500.58 SF .00250000 SUSP .00 STOP D B P F N A D L REP .00 RES .00 0 0 0 3 0 8 0 4 APP 03-25 03-25 12-16 11-17 10-16 DUE 09-08 05-09 09-08 09-08 09-08 TYPE/TRAN 1 61 a 51 1 52 1 52 1 52 AMOUNT 349 .86 882.00- .00 .00 .00 PRIN-PD .00 .00 .00 .00 .00 PRIN-BAL 111,098 .05 ill ,098.OG, 1 11.Cr98.0,E lii,098.05 1.1,098.05 1 NT-PD 00 .00 .,:)C! 0C; 00 ESC-PD 2149 .86 882.00- DCi 00 00 ESC-BAL .00 349.86- r52 .i? 552.14 532.14 A8H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEES .00 .00 1 59.90- 1 59.90- 1 59.90- MISC-PD .00 .00 .00 .00 .00 AD1r'-BAL 349 .86 .00 00 .00 .00 SUSP 00 .00 cio 00 .00 SC/PAYEE 80000 PAGE 001 OF 005 TOTAL TRANS AVAILABLE 00-22 OLDEST TRAN 03-05-08 :/P TAX2 0002841606 TAX AND LIEN INFORMATION 03/30/09 12:47:12 313 01 NAME .JR; MAGARO TYPE CONY. RES. ST 37 COU 041 CITY 0000 TAX NAME JOSEPH R MAGARO PENDING YR MAN D PROP 804 806 808 A 8 B F MECHANICSBURG PA 17055 GROUP -----MAIN--------------* PF1 FOR ADDITIONAL TAXES * --------------------------- TYP SEQ PAYEE TRM DUE DISK AMOUNT BILL NEW UNEV SEP VP OVR ACTION 313 01 370410206 12 04-09 591.93 2 0 N Y TAX COMPANY T MORTGAGEE ID 6582 TAX ID 22-24-0783-043 -----------------------* PF2 FOR ADDITIONAL MESSAGES *------------------------- FROM PMSP: USER ID EJR SENT LETTER ?S;1>5 ON 12/16/04. PLC-C I ENT 00LOAF; ACTIVE LOSE MITIGATION LOSS MIT IND COLL-PRESCREEN-D ACTIVE FORECLO.SUR;:' ------ TAX PAYEE ------ --------- DISBURSEMENT AND REFUND HISTORY -------- MONROE TOWNSHIP TYP PAYEE DUE PAID CHECK # AMOUNT TAX COLLECTOR 313 370410206 04-08 04-23-08 587019 591.93- 1375 CREEK RD BOILING SPRINGS PA 1 7007 TAX1 0002841806 TAX AND LIEN INFORMATION 03/30/09 12:48:57 NAME JR MAGARO DIV CONTRACT NUMBER BRANCH TYPE CONY. RES. PT PT23464290 200 DATE 11-14-08 STATE 37 COUNTY 041 CITY 0000 TAX CO T SER,V TYPE C NORM A TYR SEO ESC ANA DESC PAYEE TRM DUE DISB AMOUNT BILL NEW UNEVEN 31- 01 CITY TAX 370410206 12 04-09 591.93 2 0 TAX. ID## 22-24-0783-043 14 01 SCHOOL TAX 370410605 12 08-09 2,01''=. 2 0 T;; ID# 22-24-07f'3-04 PAGE 01 OF 01 DDCH 0002841606 CORPORATE ADVANCE HISTORY SCREEN 575/724 03/30/09 12:46:4' JR MAGARO L:A F:A B: R.: 09/01/08 TYPE CONY. RES. MAN D 804 806 808 A 8 B FAIRFI MEC HANICSBURG PA 17055 ---------------- ------------ -------------------------------- -- END *-------- C/A PAYEE TRAN RSN USR ESC PAYEE _ SORT _ SORT _ SORT _ SORT _ SORT DATE RANGE: THRU CIA TRN USR DATE TRAN AMT ESC PAYEE PAYEE R,SN DESCRIPTION ORIG DSB *** NO CORPORATE ADVANCE HISTORY FOUND *** ** BEGINNING CORP ADV BALANCE: 0.00 ** TOTAL OF TRANS DISPLAYED ON DDCH: 0.00 ** OUTSTANDING CORP ADV BALANCE: 0.00 HAZA 0002641606 HAZARD 8 FLOOD INSURANCE 03/30/09 12:46:42 NAME JR MAGAR,O TYPE CONV. RES. PROP 604 606 606 A 8 B F MECHANICSBURG PA 17055 MAN D TVP AGENT INSCO DUE EXPIRES PREMIUM TRM COVERAGE P C POLICE' NUMBER DEDUCTIBLE AMOUNT PERCENT 351 71299 60000 03/10 03/31/10 662.00 12 379600 3 H 98GG95438 2,500 HAZ1 0002841606 HAZARD 8. FLOOD INSURANCE 03/30!09 12:46:34 351 NAME JR MAGARO TYPE CONY. RES. UNIT ID PROP 804 806 808 A 8 B F MECHANICSBUR,G PA 17055 MAN D GROUP -----MAIN------------------------------------------------------- ---- TYP AGENT INSCO DUE EXPIRES PREMIUM TRM COVERAGE P C POLICY NUMBER 351 71299 80000 03/10 03/31/10 882.00 12 379800 3 H 98GG98438 ACT C D I SB CD ADD. PREM MTG CL Y 03;'08104 VERIFY PAYEE Y OVR ------------------------* PF2 FOR ADDITIONAL MESSAGES .------------------------ FROM PMSP: USER ID EJR SENT LETTER PS155 ON 12/16:/04. PLS-CLIENT 001 LOAN ACTIVE LOSS MITIGATION LOSS MIT IND = 9 LOLL-PRESCREEN-D ACTIVE FORECLOSURE ANAST-=€> =ORS./REO;/RISE::/SS/VJORF'OUT 0€9 DA',,'S PAST PROJECTED LEGAL DATE ----------HDED TO UPDATE DEDUCTIBLE AMOUNT------------------------------------- BILL JOSEPH F: MAGARO ---- C: I SEsUR SEtY1EtdT AND REFUND H 1 STORY ----- JENNIFER MAGAR,O TYP PAYEE DUE PAID AMOUNT 5911 STEPHENS ING 351 80000 03-09 03-25-09 882.00- MECHANICSBURG PA 17050 351 80000 03-08 03-26-08 851.00- 717-766-4318 717-766-4318 AGENT PHONE 610-358-7000 !NSCO PHONE 000-000-0000 P190 LN 0002841606 L 0 A N S T A T U S 1 03/30/09 NAME JR MA GARO IN'V-LN 575-724-7 23222027 DUE 09-01-08 TYPE 13 BR P1 MAN D P-TYPE 1 INT .0587500 FIRST PB 111,098.05 2ND PB .00 PDYTD INT .00 PRIN .00 TAX .00 HA Z 882.00 TERM 180 RECON PAR GUA R MIP .00 LI EN .00 MAT 01-19 BILL JOSE PH R MAGARO CONTRACT/POOL NO 0312196503 NAME JENNIFER MAGAP,O TAX NAME JOSEPH R MAGARO 8 5911 STEPHENS X. ING PROPERTY 804 806 808 A 8 B F ADDR MECHANICSBURG PA 17050 ADDRESS MECHANICSBURG PA 17055 BALANCES PAYMENT STOPS OTHER ESCROW .00 P&I 1197.92 PROCESS 0 LEVEL SF .00 ADVANCE °49 . Jh 2ND P& i 00 BAD CK 0 SF RATE . 00250 iD- SUSPENSE .00 ESCROW 302.64 PIF 0 Ll-. DUE 229.60 REPL 0Cj FC v LAST ANAL 11-08 REPL RES .00 MISC .00 NOTICE 0 LOAN DATE 12-05-03 R,ES ESC .00 LIFE .00 ANALYZE 8 INT/ESC INT DUE .00 A8H .00 A&H 0 TEL 1 717-786-4318 HUD .00 BSC .00 LIFE 0 TEL 2 717-766-4318 DEFICIT .00 TOTAL 1500.56 DISB 0 TEL CD W DISC BAL .00 HUD-P .00 CASHIER 5 TIMES DELO 8 OP,IG DIS .00 NET PMT 1500.56 ACCRUAL 3 BILL MODE 1 ORIG LOAN 143100 PMT FREQUENCY 12 L/C. 4 FC TRACK A PLEASE ENTER NEXT TRANSACTION P1920002 841606 SEE SCREEN P192 .-A UDREN LAW OFFICES, P.C. BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO. #75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-756 Civil Term CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served or caused to be served true and correct copies of Plaintiff s Motion for Summary Judgment and Brief in Support upon the following person named herein at their last known address or their attorney of record. xxxxxx Date Served: April 1 Regular First Class Mail Certified Mail Other (certificate of mailing) , 2009 TO: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Attorney for Defendants UDREN LAW OFFICES, P.C. By: Alan M. Miriat6, Lsqu' . _._. Attorney for Plaintiff FlE,E?}?t??-f'iCsM OF THE F,l)'. ' V?7`r)TARY 2009 APR -8 AM 10: 5S CRsr1:?._ }U?v?Y UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings*udren.com National City Real Estate Se.n7ices. LLC. COURT OF COMMON PLEAS. successor by merger to National City = CIVIL DIVISION Mortgage, Inc., 6k/a National City Mortgage = Cumberland County Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro € NO. 09-756 Civil Term Defendants PRAECIPE TO ATTACH AFFIDAVIT AND VERIFICATION TO PLAINTIFF'S. MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly attach the enclosed Affidavit and Verification to Plaintiffs Motion for Summary Judgment which was filed on April 8, 2009. UDREN LAW OFFICES, P.C. B Alan Aire Attorney for PlamtY UDREN LAW OFFICES, P.C. BY: ALAN M. N UNATO, ESQUIRE ATTY I.D.. NO. #75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF National City Real Estate Services, LLC, :COURT OF COMMON PLEAS successor by merger to National City = CIVIL DIVISION Mortgage, Inc., fWa National City Mortgage Cumberland County Co. "_. Plaintiff V. Joseph R. Magaro Jennifer Magaro Defendants STATE OF Ohio COUNTY OF Montgomery I, Mendy Mundey NO. 09-756 Civil Term AFFIDAVIT SS , being duly sworn according to law, depose and say. 1. That I am the Authorized Officer for National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co., the servicing agent for the Plaintiff in the within matter. 2. That in said capacity I am familiar with the account that forms the basis of the instant foreclosure action and that I am authorized to take this Affidavit. 3. That all notices, if required to be sent to the Defendants pursuant to Act 6 of 1974 and Act 91 of 1983, have been sent pursuant to the requirements of those Acts on the dates appearing thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable. 4. The amounts due on the Mortgage were correctly stated as of the date appearing in the Complaint, in paragraph 6 thereof, and have accumulated since the filing of the Complaint, as follows: Principal of debt due and unpaid $111,098.05 Interest at 5.875% from Interest at 5.875% from 4,458.65 July 1, 2008 to April 7, 2009 (the per diem interest accruing on this debt is $17.88 and that sum should be added each day after April 8, 2009) Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance (the monthly escrow on this account is $302.64 and that sum should be added on the first of each month after August 1,2008) 349.86 Late Charges Attorney's Fees (anticipated and actual to 5% of principal) 5.554.90 TOTAL $122,306.06 A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A". National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. By. - E merld)A undte Title. Authorized Officer Sworn to and subscribed before me this 20 day of April Og blic Lori Ann s ng LORI ANN WMS K NUJ MVA In and tw the State of Ohio W l?uniuieA E?irl1 Feb, N, ?O?A 115954957.doc ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 12-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 11-17-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 10-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 09-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 08-22-08 08-08 314 SCHOOL TAX DISBURSEMENT 2,012.02- 0.00 0.00 2,012.02- PAYEE = 370410605 532.14 -----HIS------- ---------------- * LOAN HISTORY "--------------------------(MORE! PROC-D:= DUE-D- TRAIT TRAN-DESCRIPTION TRAiv-EEEEOTIt%E-DAT=" TRAM-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-06-08 08-0E 173 PAYMENT -,505.56 650.62 547,10 3G2.64 nr _ _PE D° ? n.ow PHONE 07-11-08 07-08 173 PAYMENT x,505.56 647.65 550.27 302.64 5.00 E SPEEDPA`_' PY BY PHONE 1 11,748.87 2,241.52 06-05-U:- 0-06 1 = PAYMENT 1,505.56 644.49 553.43 302.64 5.00 S SPEEDPAY PY BY PHONE 1 12,396.52 :,938.K 05-16-08 05-08 173 PAYMENT 1,512.56 641.35 556.57 302.64 2.0C -S SPEEDPAY PY B`_' PHONE 1 13,041.01 _,636.24 -----HIST---------------------- * LOAN HISTORY *-- PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-AMT PRINCIPAL INTEREST ESCROW 04-28-08 05-08 :73 PAYMENT 119.30 0.00 0.00 0.00 04-28-0£ 0 -0€ _73 PAYMENT C.0( 635.23 559.69301.6•, 113,682.36 1,333.60 04-28-08 03-08 173 PAYMENT 3,0_3.__ 63c."_2 562.80 301.6 114,320.59 1,030.96 04-23-08 04-08 313 CITY TAX DISBURSEMENT 591.93- 0.00 0.00 591.93- 728.32 -----------------------(MORE) IRAN-EFFECTIVE-DATE AMOUNT/CD/DESCRIPTION 114.30 1 LATE CHARGE FEE 1_, uS SPEEDPA- - - °- PHOI%TE PAYEE = 370410206 ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-16-08 03-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 03-26-08 03-08 351 HOMEOWNERS INSURANCE DISBURSEMENT 851.00- 0.00 0.00 851.00- PAYEE 80000 1,320.25 03-21-08 03-08 173 PAYMENT 0.00 0.00 0.00 0.00 179.70 _ LATE CHARGE FEE 179.70- SUSPENSE 03-17-08 03-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 03-05-08 02-08 173 PAYMENT 0.00 632.02 565.90 281.22 ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 114,955.71 2,17"1.25 03-05-08 01-08 173 PAYMENT 0.00 628.94 568.98 302.64 - 1 - EXHIBIT A 115954957.doc 03-05-07 04-07 175 PRINCIPAL PAYMENT 03-03-07 59.90 59.90 0.00 0.00 - 3 - 115954957.doc 115,587.73 1,890.03 03-05-08 12-07 173 PAYMENT 4,654.25 625.88 572.04 291.93 5.00 S SPEEDPAY PY BY PHONE 179.70 SUSPENSE 116,216.67 1,587.39 02-19-08 12-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 01-16-08 12-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCR=PTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 12-26-07 11-07 173 PAYMENT 0.00 622.83 575.09 291.93 116,842.55 1,295.46 12-26-07 10-07 173 PAYMENT 3,10C.0C 6'_C.79 57E.1? 29".9` 12C.3Q _ LATE CHARGE FEE 12-17-CT 10-07 152 LATE CHARGE ASSESSMEN= 0.00 C.OC C.00 (.OF 59.90-1 LATE CHARGE FEE -C-0-' : 5 -- L-77 7HrFGE ASSESS,-- OC 0 C -_ L__T CHARGE FEE 10-16-07 10-07 152 LATE CHARGE ASSESSMENT 0.00 C.OC C.00 0.0( 59.90-1 LATE CHARGE FEE ----- HIS: ------------------- ---' --OAT: P.IS7OE_ '----------- ---------------(MORE/ PROC-DT DUE-DT IRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAP-AM7 PRINCIPAL :NTEP.r-- ESCROF .. AMOUNT'/CD/DESCRIPTION 09-24-07 10-07 17-- PAYMENT 59.90 0.00 0.00- 0.00 59.9C 1 LATE CHARGE FEE 09-24-0- C-9-0? --7- 1,501.85 616.78 581.14 291.93 12.00 S SPEEDPAY PY BY PHONE 118,085.17 711.60 09-17-07 09-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 59.90-1 LATE CHARGE FEE 08-23-07 08-07 314 SCHOOL TAX DISBURSEMENT 1,977.44- 0.00 0.00 1,977.44- PAYEE = 370410605 0E-10-0 08-0 PAYMEN= 1,494.85 613.77 584.15 291.93 5.00 S SPEEDPAY PY BY PHONE -----HIS----------------------- LOAN HTSTOR`. '----.------- --------------.-(MORE) PROC-DT DUE-DT TRAM TRAP-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 118,701.95 2,397.11 07-11-07 07-07 173 PAYMENT 1,494.85 610.78 587.14 291.93 5.00 S SPEEDPAY PY BY PHONE 119,315.72 2,105.18 06-13-07 06-07 173 PAYMENT 1,494.85 607.80 590.12 291.93 5.00 S SPEEDPAY PY BY PHONE 119,926.50 1,813.25 05-11-07 05-07 173 PAYMENT 1,494.85 604.84 593.08 291.93 5.00 S SPEEDPAY PY BY PHONE 120,534.30 1,521.32 04-11-07 04-07 313 CITY TAX DISBURSEMENT 572.91- 0.00 0.00 572.91- PAYEE = 370410206 ----- HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 1,229.39 04-02-07 05-07 175 PRINCIPAL PAYMENT 10.15 10.15 0.00 0.00 121,139.14 04-02-07 04-07 172 PAYMENT 1,489.85 601.85 596.07 291.93 121,149.29 1,802.30 03-21-07 03-07 351 HOMEOWNERS INSURANCE DIS BURSEMENT 929.00- 0.00 0.00 929.00- PAYEE 80000 1,510.37 - 2 - VERIFICATION The undersigned, servicing agent for the Plaintiff in the Motion for Summary Judgment, being authorized to make this Verification on behalf ofthe Plaintiff, hereby verifies that the facts set forth in the Motion for Summary Judgm ent are taken from the business records of the Mortgage held by the 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. Name: Men y 1 unde Title: Authorized Officer Dated: 4/20/2009 ,, Tyr FR :. M9 AJ'R 29 Aril V).- 3 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) National City Real Estate Services, LLC, successor by merger to National City Mortgage. Inc.. f/k/a National City Mortgage CO. Plaintiff No. 09-756 Civil Term VS. Joseph R. Magaro. and Jennifer Magaro Defendants 1. State matter to be argued (i.e. plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Alan M. Minato Address: Woodcrest Corporate Center, 111 Wooderest Road, Suite 200 Cherry Hill, NJ 08003-3620 (b) for defendant: Michael J. Pykosh Address: 2132 Market Street. Camp Hill PA17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 3, 2009 Dated: April Zj- , 2009 , P.C. Alan M. Minato, Attorney for Plai UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO. #75860 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, € COURT OF COMMON PLEAS successor by merger to National City € CIVIL DIVISION Mortgage, Inc., f/k/a National City Mortgage Cumberland County Co. Plaintiff Joseph R. Magaro Jennifer Magaro NO. 09-756 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served or caused to be served true and correct copy of Plaintiffs Argument Praecipe upon the following person named herein at their last known address or their attorney of record. xxxkxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: April o'Z , 2009 TO: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Attorney for Defendants UDREN LAW OFFICES, P.C. _.L By: Alan M. Minato, Attorney for Plaintiff CA/AL OF AMENDED PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court CAPTION OF CASE (entire caption must be stated in full) National City Real Estate Services, LLC, successor by merger to National City Mortgage, Inc., f/k/a National City Mortgage Co. Plaintiff No. 09-756 Civil Term VS. Joseph R. Magaro Jennifer Magaro Defendants 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Dale Shughart Jr. Esquire Address: 10 ill, High St. Carlisle, PA 17013 (b) for defendant: Michael J. Pykosh Address: 2132 Market Street. Camp Hill PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 3, 2009 Dated: MayC-, 2009 UDREN LAW OFFICES, P.C. BIC Alan M Minato, Esquir Attorney for Plaintiff G0- t ?L? EILED-{ FIFE OF THE PROTHONOTARY 2069 MAY -7 AM 10:3 7 C ..1: UNTY PIE NSYLVANtA UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ALAN M. MINATO, ESQUIRE ATTY I.D. NO. #75860 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 National City Real Estate Services, LLC, COURT OF COMMON PLEAS successor by merger to National City € CIVIL DIVISION Mortgage, Inc., f/k/a National City Mortgage Cumberland County Co. Plaintiff V. Joseph R. Magaro Jennifer Magaro NO. 09-756 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served or caused to be served true and correct copy of Plaintiffs Amended Argument Praecipe upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: May 0, , 2009 TO: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Attorney for Defendants UDREN LAW OFFICES, P.C. By- Alan . M. IVnato, quire Attorney for Plainti F=ILM FK'E OF TPE FF`Dr-'C,,N0T 2009 MAY -7 Ali 10.3 7 NATIONAL CITY REAL ESTATE : IN THE COURT OF COMMON PLEAS OF SERVICES, LLC, successor by : CUMBERLAND COUNTY, PENNSYLVANIA Merger to National City : NO. 09-756 CIVIL TERM Mortgage, Inc., f/k/a National : City Mortgage Co. Plaintiff VS. CIVIL DIVISION JOSEPH R. MAGARO and JENNIFER MAGARO, Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Udren Law Offices, P.C., for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion For Summary Judgment on June 3, 2009 in the C 7land County =Courthouse, Carlisle, Pennsylvania. Date: May 15, 2009 4 Dale F. Mug a , Supreme Cour .D. 9 73 10 West High Stree Carlisle, PA 17013 (717) 241-4311 CC: Alan M. Minato, Esquire, for Plaintiff Michael J. Pykosh, Esquire, for Defendants 2009 MAY I v UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Real Estate COURT OF COMMON PLEAS Services, LLC, successory by :CIVIL DIVISION merger to National City :Cumberland County Mortgage, Inc., f/k/a National City Mortgage Co. Plaintiff :NO. 09-756 Ci '1. Term V. Joseph R. Magaro Jennifer Magaro Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE. DATED:June 4, 2009 UDR LAW FIC?, p. C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE,, ESQUIRE ALAN M. MINATO,, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE 2Tl?9Jflt2' P"'?I J CL-? =,j: i"M