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HomeMy WebLinkAbout09-1246PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue COURT OF COMMON PLEAS Evansville, IN 47715 CUMBERLAND COUNTY . No.: pQ _ lo1'j(o Civil?G Plaintiff, CIVIL ACTION Vs. MORTGAGE FORECLOSURE Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : FEBRUARY TERM, 2009 . No.. : CIVIL ACTION : MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MorEquity, Inc. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 600 N. Royal Avenue, Evansville, IN 47715, by way of Complaint says the following. 2. Defendants, Donald M. Witters and Kathy M. Witters (hereinafter referred to as "Defendants"), are adult individuals and are the real owner of the premises hereinafter described. 3. Defendants, Donald M. Witters and Kathy M. Witters reside at 5006 Seneca Drive, Mechanicsburg, PA with mailing addresses at 8 Poplar Street, Wormleysburg, PA 17043 and 5006 Seneca Drive, Mechanicsburg, PA 17050. 4. On May 25, 1999, in consideration of a loan in the principal amount of $54,800.00, Defendants executed and delivered to TMS Mortgage, Inc., d/b/a The Money Store, 9. The following amounts are due on the Mortgage and Note: Plus, the following amounts accrued after February 20, 2009: Interest at the current rate of 10.250% per cent per annum ($14.43 per diem); 5% of the overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 10. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to the Defendants on November 20, 2008, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "E" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, Balance of Principal $50,675.06 Accrued but Unpaid Interest from 08/01/08 - 02/20/09 10.250% $2,888.69 Accrued Late Charges $147.42 Corporate Advance $0.00 Recoverable Balance $0.00 Escrow Advance $0.00 Title Search Fees $595.00 Reasonable Attorney's Fees $1,300.00 Less Suspense Balance ($310.00) TOTAL as of 02/20/09 $55,296.17 namely, $55,296.17 plus the following amounts accruing after February 20, 2009, to the date of judgment: (a) current interest of 10.250% per diem, (b) late charges of 5% on any overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. PARKER MCCAY, PA Dated: February 20, 2009 By: a44L A , 7k_ Christine A. Pinto, Esquire Attorney for Plaintiff VERIFICATION I, Christine A. Pinto, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. Name: Christine A. Pinto, Esquire Title: Attorney EXHIBIT A ADJUSTABLE RATE NOTE 0081034878 (LIBOR 6 Month Libor Index--Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY. 8 Poplar Street, Wormleysburg, PA 17043 Property Address May 25, 1999 Dats I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay Fi fty- Four Thousand, Eight Hundred (this amount will be called " rinci al" Dollars (U.S. $ 54 , 800.00 dba The Money Store p P ), plus interest to the order of the Lender. The Lender is TMS Mortgage Inc. , I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 10.250 Interest will be charged on unpaid principal beginning on June 1, 1999 continue until the full amount of principal has been paid. The interest rate I will pay may change in accordance with Secand of this Note. tiont4 Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3. PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interest by making payments each month ("monthly payments"). M will be in the sum of U.S. $ 491.06 y initial monthly payment This amount may change. (B) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, Place and Application of Payments I will snake my monthly payments on the Fi rst day of each month beginning on JUly'1, 1999 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note. If, on June 1, 2029 any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note Holder shall be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payable upon demand of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthl be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. y payment or separately, will I will make my monthly payments at P.O. Box 1058, Newark, NJ 07101.1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE 197021 Original - File MOOS-IPA Page 7 of 4 RIIJ11811P 1101111 101 IN 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1St day of June, 2003 and on the 1St day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month Libor U.S. dollar-denominated deposits in the London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and 2/5 percentage points ( 6.400 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.250 % or less than 10.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding Six month(s). My interest rate will never be greater than 16.250 %, or less than 10.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. 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 of my monthly payments by the end of 15 calendar days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly 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 after the date on which the notice is delivered or mailed to me. (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 for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. PENNSYLVANIA ADJUSTABLE RATE NOTE 197021 Original - File MOOS-2PA Pape 2 of 4 0081034878 (1) Check Collection Charges If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the charge will not be greater than U.S. $ 15.00 6• THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), on real property (the "Property") described in the Security Instrument and 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. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Some of these conditions are as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3(C), I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it becomes due and in the same amount. I may snake a full or partial prepayment at any time. However, if within the first 60 date of this loan I make any prepayment(s) within any months from the an12-month period whose total amount exceeds 20% of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds 20% of the original principal amount of this loan. 8. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been aid obtain an official certification of nonpayment P (known as "notice of dishonor"); (C) to (known as "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties" and "endorsers." 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me 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 mailing it by first class mail to the Note Holder at the address stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSIBELITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Any PENNSYLVANIA ADJUSTABLE RATE NOTE (8702) Original - File N1006-3PA Pape 3 of 4 0081034878 person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to keep all of the promises made in this Note. This Note is intended by Lender and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender, its successors and assigns, and binds me and my heirs, personal representatives and assigns. 11. APPLICABLE LAW This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other 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. 12. BORROWER'S COPY I hereby acknowledge receipt of a filled-in copy of this Note. (Seal) Donald M Witters -Borrower (Seal) Atty at Law TUMOTHY M. ANSTINE Pay to the order of: without recourse, TMS Mortgi?ge Inc., dba The Money Store By 4 (Seal) Kathy M fitters -Borrower (Seal) -Borrower (Sign Original Note Only) John Haurer PENNSYLVANIA ADJUSTABLE RATE NOTE (9702) Original - File M006 4PA Page 4 of 4 0081034878 EXHIBIT B TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rigkts, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Security Instrument. All of the foregoing, together with such property (or the leasehold estate if this Security Instrument is on a leasehold) are called the "Property." 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 covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Borrower further warrants, represents and covenants as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness and all other charges evidenced by the Note. 2. Funds for Taxes and Insurance. If required by Lender, and subject to applicable law, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; and (e) yearly mortgage insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974, as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under Paragraph 18, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in the Note. If Borrower owes Lender any late charges, or other fees or charges ("other charges"), they will be payable upon demand of Lender. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to Lender in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Lender. Borrower agrees that Lender may apply any payment received under Paragraphs 1 and 2, either first to amounts payable under Paragraph 1, or first to amounts payable under Paragraph 2. r PENNSYLVANIA MORTGAGE (97091 Original - Record M002-2PA Page 2 of 7 0081034878 BOOK J548 PAGE v8O9 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, if any, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. S. 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," flood and any other hazards as Lender may require, from time to time, and in such amount and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If the Borrower fails to maintain the coverage described above, Lender may, at its option, obtain coverage to protect its rights on the Property in accordance with Paragraph 8. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. If any insurance proceeds are made payable to Borrower, Borrower shall promptly pay such amounts to Lender, including, without limitation, the endorsement to Lender of any proceeds made by check or other draft. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. If under Paragraph 18 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions of this Paragraph 5 concerning the payment, disbursement or application of insurance proceeds shall apply to any insurance proceeds covering the Property whether or not (i) Lender is a named insured, (ii) the policy contains a mortgage clause, or (iii) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any insurer to list Lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's interest in the insurance proceeds. 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. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit nor permit waste or impairment or deterioration of the Property. Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest thereon, for any injury to or decrease in the value of the Property received by Borrower will be used to restore the Property or applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. Borrower agrees that in the event an award, payment or judgment includes compensation for both injury or decrease in the value of the Property and compensation for any other injury or loss, the total amount of such award, payment or judgment PENNSYLVANIA MORTGAGE (9709) Original - Record p p M002-3PA Page 3 of 7 0081034878 BOOK ;45548 PAGE MO shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into any proceedings regarding the Property. 7. Loan Application Process. Borrower shall be in default under this Security Instrument, if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information directly bearing on Lender's decision to extend credit to Borrower), in connection with the loan evidenced by the Note. 8. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation, forfeiture, or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action under this Paragraph 8, Lender does not have to do so. The right of Lender to protect Lender's rights in the Property shall include the right to obtain at Borrower's expense, property inspections, credit reports, appraisals, opinions of value or other expert opinions or reports, unless prohibited by law. Any amounts disbursed by Lender under this Paragraph 8 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon demand of Lender. The Borrower's obligation to pay the amounts advanced by Lender under this Paragraph 8 shall continue in full force and effect after the entry of any judgment in mortgage foreclosure or a judgment on the Note. 9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the 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 condemnor offers to make an award or settle 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 proceeds, at its option, either to restoration or repair of the Property or the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amount of such payments. sou 1548 PAGE PENNSYLVANIA MORTGAGE (97091 Original - Record M002-4PA Page 4 of 7 0081034878 12. Borrower Not Released; Forbearance By Lender Not a Waiver; Acceptance of Partial Payment. 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, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or may 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 and Borrower's successors in interest. Any forbearance by Lender on one or more occasions in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the later exercise of that or any other right or remedy. Lender may accept partial payments from Borrower, without waiving or forbearing any of its rights under this Security Instrument or under the Note even if such payments are notated as a payment in full, or with a notation of similar meaning. 13. Successors and Assigns Bound; Joint and Several Liability; Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Security Instrument, (b) is not personally liable on the Note or under this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 14. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice by first class mail addressed to the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. ?, Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Security Instrument. 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, and to this end, the provisions of this Security Instrument and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 16. Borrower's Copy. Borrower shall be furnished a copy of the Note and of this Security Instrument at the time of execution or after recordation hereof. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. is. Acceleration; Remedies. Except as provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Security Instrument, including the.covenants to pay when due any sums secured by this Security Instrument, Lender prior to acceleration shall give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the PENNSYLVANIA MORTGAGE two91 Original - Record M002-SPA Page 5 of 7 0081034878 41548 PAGE AV breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed, to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument or foreclosure by judicial proceeding. The notice shall further inform Borrower of the right to reinstate this Security Instrument after acceleration and the right to bring a court action or to assert in the judicial proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option may declare all of the sums secured by this Security Instrument to be immediately due and payable without further demand and may foreclose this Security Instrument by judicial proceeding and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports, even if the breach is cured prior to the completion of any foreclosure. Borrower agrees that the interest rate payable after 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. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued up to one hour prior to sale of the Property if. (a) Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable attorneys' fees, trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. This right to reinstate shall not apply, however, in the case of acceleration pursuant to Paragraph 17. 20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. 21. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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 for normal residential uses and for maintenance of the Property. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this Paragraph 21, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this Paragraph 21, "Environmental Law" means federal laws and laws of the jtt;isdiction where the Property is located that relate to health, safety or environmental protection. B00!(ZS? PAGE A13 PENNSYLVANIA MORTGAGE 19709) Original ,- Record M002-6PA *.. Paps 8 of 7 0081034878 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release the Security Instrument. Borrower shall pay any release fees and costs of recordation unless applicable law provides otherwise. 23• 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. Adjustable Rate Mortgage Loan Rider attached hereto and incorporated herein by this reference. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Donald M Witt rs -Borrower Atty at Law 2c TWOTHY M. ANSTINE Certificate of Residence (Seal) (Seal) _2?2 '//d Kathy M WI ers -Borrower (Seal) -Borrower (Seal) 1, John Maurer , do hereby certify that the correct address of the within-named Lender is 4660 Tri ndl a Road Suite 1002, Shiremanstown, PA 17011 Witness my hand this 25th day of May 1999 OJAA Oc6-M' o n Maurer Agent of Lender COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 25th day of personally appeared Donald M. Witters May 1999 and Kathy M. Witters , before me, the undersigned officer, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Y • !," -. .'D'ay ? ? •? V.? 2 rr e..,?y,R +a i d ?ti'dY ^:,?: ? ref ? PENNSYLVANIA MORTGAGE 19709) M002-7PA Original - Record zi, Tide of Officer Notarial Seal Kazan L. Burch. Notary Pubic Hampden TwP.. Cumberland County My Commission Expires Nov. 24, 2001 AAernbor. Pennsylvania Association of Notattoc Page 7 of 7 0081034878 800K15 S PACE AU Schedule "A" ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F. Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements, rights-of-way, restrictions and covenants of record. I BOOK 1548 PAGE SiS Loan No. 0081034878 ADJUSTABLE RATE RIDER (LIBOR 6 Month Libor Index--Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 25th day of May 1999 , 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 (the "Note") to TMS Mortgage Inc., dba The Money Store (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 8 Poplar Street, Wormleysburg. PA 17043 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 10.250 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1St day of June, 2003 and on the 1St day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month Libor U.S. dollar-denominated deposits in the London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and 2/5 percentage points ( 6.400 %) to the current index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MULTISTATE ADJUSTABLE RATE RIDER (ssioi Original - Record M005R1 , : '•/ Page 1 of 2 M MR INUN BOOk1548PAGE Sib 0081034878RRAJ - 405 $0.00 The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.250 % or less than 10.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding S i X month(s). My interest rate will never be greater than 16.250 %, or less than 10.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. 1 ?G Seal Atty at Law Donald M Witters -Borrower TIMOTHY M. ANSTINE zd'z? (Seal) Ka by M Wi ers -Borrower b NY ell a}.€. art f '?: State of "'c-nnsVi„ania 1 Cot. qty of Cu:-nberland) 86 ??;r tnF Oice for the recording of Deeds e t. r;d i erlard County, ino VOf P e _ iy (iiZ041 I of o ice ^ s 4c9i Carlisle, PA thi dayo ., 1R corde - (Seal) -Borrower _ (Seal) -Borrower MULTISTATE ADJUSTABLE RATE RIDER i9wo) Original - Record M005R2 Page 2 of 2 0081034878 # eoo AS PAGE Si7 EXHIBIT C i? When Reoorded Return To: COUNTY RECORDER SERVIC9S, INC. IN E. PALMGR AVE., STE. 8 GLENDALE, CA 91205 Parcel Number: 47 - 20 -1858 -184 Afser 1eeer4 tj m to: The Mo ,y ore/Packaging P.O. Bo 0128 Sacramen , CA 95816-0128 Loan No. 034878 001 VTy_P4 1 19 84 11 '5y aS7,5_1 ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA, Cumberland COUNTY, e a4'?' 7 5 30 FOR VALUE RECEIVED, the undersigned TMS Mortgage Inc., dba The Money Store does hereby grant, bargain, sell, convey, assign and deliver unto movequ?j?j ae,? ?o &X 3'188 EV"Vi lle, 1b?f773& - 318,Y that certaina8e executed b Donald M g y Witters And Kathy M. Witters in the original amount of Fifty-Four Thousand, Eight Hundred (Mortgagor) ($ 54,800.00 ) dollars, to the undersigned, which Mortgage is recorded in the office of the Recorder of Deeds of Cumberl and County of Pennsylvania, in Book 15% Volume , and Pagee , together with the debt thereby secured and the note original amount therein descri d all right, title, and interest of the undersigned in and to the land and property conveyed by said Mortgage, said premises being situated in Worml eysburg County of Cumberland , Pennsylvania, and known as: (SEE EXHIBIT 'A' ATTACHED) Commonly known as: 8 Poplar Street, Worml eysburg, PA 17043 PENNSYLVANIA ASSIGNMENT OF MORTGAGE (9sfoi Original - Record 995(PA) Page 1 of 3 111 N 11111 ??ait :q49 YAcE 445 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed in its name by its duly authorized officer, on the 25th day of May 1999 To have and to hold unto successors and assigns forever. ATTEST: By Catherine Albr State of Pennsylvania County of Cumberland On this the 25th day of its TMSS Mortgage Inc., dba The Money Store or" M . Jo Maurer Br ch Manager (Authorized Officer) N 1999 , before me, a nots?"'-' ti. a the undersigned officer, personally appeared May John Maurer , who acknowledged himself to be the Branch Manager of TMS Mortgage Inc., dba The Money Store , a corporation, and that he, as such executive , being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Branch Manager In witness whereof I hereunto set my hand and official seal. Notari=PUW Kahan- t_. BurchHampden Twp., CMy Commission ExMember. Pennsylvania Association of Noted* . y . 4 i ?Q G ? s PENNSYLVANIA ASSIGNMENT OF MORTGAGE (9voi Original - Record 995(PA) Papa 2 of 3 1 A ?J? ' ? PAGE 44(; Schedule "A" ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F.,Martin: thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Grown, being southerly direction along the line of said last mentioned property and through theocenter of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements, rights-of-way, restrictions and covenants of record. caoaK y Pacl: 448 ASSIGNMENT OF MORTGAGE BETWEEN: TMS Mortgage Inc., dba The Money Store AND ?'1orequj+y. E. MAIL TO: e,, Pa ry& fl w rate of Residence l? fV ?C lQ `^ SC? I, 1 Catherine Albright do hereby certify that MORTGAGEE'S precise residence is , Shiremanstown, PA 17011 4660 Trindle Road, Suite 1002' Witness my hand this 25th day of May 1999 RTGAGEE or Agent fo ORTGAGEE PENNSYLVANIA ASSIGNMENT OF MORTGAGE 196101 Original - Record 995(PAI Page 3 of 3 BOOK, 669 PAGE 447 EXHIBIT D Legal Description ALL THAT CERTAIN lot of land situate in the borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street: thence in a northerly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to a property now or late of William F. Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one- hundredths (17.63) feet to a point at corner of lands of Charles D. Brown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania. SUBJECT to all easements, right-of-ways, restrictions and covenants of record. BEING THE SAME premises which James D. Curran and Elizabeth M. Curran h/w by deed dated 03/04/1987, recorded 03/05/1987 in Book 32-N, Page 302 conveyed unto Donald M. Witters and Kathy M. Witters. PARCEL NO. 47-20-1858-184, CONTROL # 47000912 EXHIBIT E November 20, 2008 Donald Witters 8 Poplar St. Wormleysburg, PA 17043 • 1 /i W???61fa w Er YMI. ? t ?eA T Y ?? --- - ro M C, ---------. .. _---- F'oslmark 0 Ret,rn Rea p i Here C3 Endorse r ent R: IL 3 Restrirtad Deliv r, e., Endorse 7 ant R n ., ) 0 -- --- - ul r9 Total P-,stage :. - e; ?i - -- - - - ACT 91 NOT' -0 Sent To - --- -- 0 Street, Ap.'. No.; TAKE ACTION T NO. iPOtafe, ZP+ I_ _ --------------- -------------------- ry P I A- U(t r' F? f Jc 3 YOUR HOME I - • • r.. - FORECLOSURE This is an official notice that the mortae on vour home is in default, and the lend:;r intends tc fort,,l,?;e. Specific information about the nature of the default is provided in the attached page s, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM MEMAP)m. tv be able t( beIr. have your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. _T_ake_t_b_ds Notice with you when you meet with the Counseling A eg ncy. The name, address and phone number of Consumer Credit Counseling Agencies serving, votar County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Ha-usj Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717). 780-1869). This Notice contains important legal information. If you have any question, rc: presenta.tiws at tha Consumer Credit Counseling Agency may be able to help explain it. You may also want to :,ontacl 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 AFEC'CA SU DER:B-310A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL ('ONTF.NII)O DE EST. k NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMi'\NDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUME-RO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRXVIA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" FL C1JAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR STJ HIPOTE:CA. HOMEOWNER'S NAME(S): Donald Witters PROPERTY ADDRESS: 8 Poplar St. Wormleysburg, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: 1 STUM-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 Poplar St. Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,474.41 c) Late Charges: $ 73.71 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 f) Less funds in Suspense: $ 310.00 g) Total amount required as of (.November 20, 2008): $ 1,238.12 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,238.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged pronertv IF THE MORTGAGE 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period you will not be required to pay 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 PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the . Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. (-THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 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 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 November 20, 2008 r`n Donald Witters Ir 5006 Seneca Dr. m r- Mechanicsburg, PA 17043 0 C3 M C3 U.S . Pr Ser vice-, o- &,. CE RTIF IED MAS.. al ,ry, ,, S p t _. El b; anc f everf?e (Do mestic M ail only ; No Ins ur Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ; is!mark sere ACT 91 NOT (U Total Postage & Fees , $ F4ent o n4--!----rs ..__._ TAKE ACTION 1 et, Apt. No., O Box No. _ _ State, lP+4 YJ-o OUR HOME) Q FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save Your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any question, 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 CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Donald Witters PROPERTY ADDRESS: 8 Poplar St. Wormleysburg, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: 1STUM-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PROPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 Poplar St. Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,474.41 c) Late Charges: $ 73.71 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 0 Less funds in Suspense: $ 310.00 g) Total amount required as of (.November 20, 2008): $ 1,238.12 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,238.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period you will not be required to pay attornev'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 PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY c PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 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 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 November 20, 2008 Ir cc Kathy Witters r- 8 Poplar St. Ln Wormleysburg, PA 17043 ° O 0 x 7{v ?t.??t t Post , ,e Certified °- Return Receipt ee (Endorsement Requi ,d Restricted Delivery' e_ (Endorsement Requ 1211, O Ln ACT 91 NOT 4 -n TAKE ACTION 7 YOUR HOME Total Postage & i 3e ..?' _.. - -- - - - Fsent pt. No.; - - __- 71 - x No. n t e. ZIP+4 l I ?y I rCt FORECLOSURE This is an official notice that _the_mortRaRe on your home is in default, and the lender itavr d: lo lore-close. Specific information about the nature of the default is provided in the attached panel;,. rc-?t?l _;?u_p s ive The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CR,1 1) 1 COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. 1-al; _ i r3 A aticc with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving-_t ca Ir _,cq uity -we listed at the end of this Notice. If you have any questions, you may call the Pennsvlvama.H- tsaw'Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 78Q.-1 ti"5 !1., This Notice contains important legal information. If you have any question, repres"-.Iii i•vcs lit: tho Consumer Credit Counseling Agency may be able to help explain it. You may also wait al ccnact: an attorney in your area. The local bar association may be able to help you find a `.gr r,, f r. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT'A S[ I:14'R.ECl10 A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ]---`i"1 A NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO E T I'A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL N1:f.1111;"0 MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR El, 1'1'0(.;IWIIA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAA!°" E1 CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU 1-1I1"01 E(-.a. HOMEOWNER'S NAME(S): Kathy Witters PROPERTY ADDRESS: 8 Poplar St. Wormleysburg, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: 1STUM-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 Poplar St. Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,474.41 c) Late Charges: $ 73.71 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 f) Less funds in Suspense: $ 310.00 g) Total amount required as of (.November 20, 2008): $ 1,238.12 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,238.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be reauired to pay 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 PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 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 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Cal ti r` November 20, 2008 .n P tS CERTIFIED verage Proved) (Domestic Malt Only; N4?` Postage $ tr- m Kathy Witters rm- 5006 Seneca Dr. Ln Mechanicsburg, PA 17043 0 C3 O O Ln ACT 91 N07? Certified F°3e Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Po 3tm ark -le-e ant f ( ( ? TAKE ACTION 7 ? YOUR HOME- FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends t, _: _I ecl )se_ Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able is _ avt_ your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT' COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take thi., _? Ic tick with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your. a ily are listed at the end of this Notice If you have M questions you may call the Pennsylvania Hod irlg Finance Agency toll &ee at 1-800-342-2397 (Persons with impaired heari ng can call (717) 780-1869). This Notice contains important legal information. If you have any question, representati-r s a[ the Consumer Credit Counseling Agency may be able to help explain it. You may also want to (n Lac t an attorney in your area. The local bar association may be able to help you find a law-? ;r LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU E F R F.C HO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ES`l A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ES7 z? AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUME 14, :) MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PRiYJ ..A.MA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" l - I.,X Al, PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Kathy Witters PROPERTY ADDRESS: 8 Poplar St. Wormleysburg, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: 1STUM-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 Poplar St. Worndeysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,474.41 c) Late Charges: $ 73.71 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 f) Less funds in Suspense: $ 310.00 g) Total amount required as of (.November 20, 2008): $ 1,238.12 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,238.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made paygble to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be required to pay 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 PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time ug to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and bypgrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 Contact Person: Loan Resolution 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 - your home to a buyer or transferee who You may or XXX may not (CHECK ONE) sell or transfer will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 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 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 i 1 ? ?a? " t"S 1 O a ? faa t t,? b (}j - ' PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney 1D# 205622 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue : COURT OF COMMON PLEAS Evansville, IN 47715 : CUMBERLAND COUNTY MARCH TERM, 2009 No.: 09-1246 Civil Term Plaintiff, CIVIL ACTION Vs. MORTGAGE FORECLOSURE Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) PRAECIPE TO REINSTATE Please reinstate the Complaint in Mortgage Foreclosure originally filed March 2, 2009 in the above-captioned matter. Christine A. Pinto, Esquire Parker McCay PA PO Box 974 Marlton, NJ 08053 (856) 596-8900 Dated: March 17, 2009 {T p Z> 17 - .u Sheriffs Office of Cumberland County R Thomas Kline xlti'%p ct caulibrif Edward L Schorpp Sheriff >,r?y Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 07:31 PM - Gerald Worhtington, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1931 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upoi the within named defendant, to wit: Kathy M. Witters by making known unto Kathy M. Witters personally, a 4 Marshall Drive, Apt. 10K, Camp Hill, Cumberland County, Pennsylvania its contents and at the same tim handing to her personally the said true and correct copy of the same. 03/23/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Donald M. Witters, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/30/2009 Dauphin County Return: And now March 30, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvan do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upor the within named defendant, to wit: Donald M. Witters by making known unto himself personally, defendai at 3310 Spring Street Harrisburg, PA 17033 its contents and at the same time handing to him personally tt said true and correct copy of the same. SHERIFF COST: $66.50 SO ANSWERS, April 03, 2009 R THOMAS KLINE, SHERIFF 2009-1246 By? Wr4??? MOREQUITY, INC. Deputy Aeriff VS DONALD M. WITTERS FILED-O r=ig" 1? 2909 APR -6 Pil 3 3 ; PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Vs. Plaintiff, Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY MARCH TERM, 2009 No.: 09-1246 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO SETTLE DISCONTINUE AND SATISFY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Complaint for Mortgage Foreclosure and mark same satisfied and dismissed without prejudice. istine ER cCAY P. Dated: June 12, 2009 By. A. Pinto, Esquire Attorney for Plaintiff FILED-CD; :;CE OF THE !D ' -i"'in7ARy 2009 JUN 18 Ph I: 15 f'r . r, C