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HomeMy WebLinkAbout09-1342 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ?YLANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the COURT OF COMMON PLEAS registered holders of Renaissance Equity CUMBERLAND COUNTY Loan Asset-Backed Certificates, Series 2007- 3 NO: C? - 3 y ,? C e tw PLAINTIFF , VS. ; James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 ; Mary Anne Stasko 1145 Lambs Gap Road ; Mechanicsburg, PA 17050 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE- YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAQ. TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDHHI EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IlVIPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 ' PLAINTIFF VS. James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Mary Anne Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: / 3 V ,? cpl / COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, the address of which is, 12650 Ingenuity Drive Orlando, Florida 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as Nominee for Delta Funding Corporation Mortag_,gor(s): James E. Stasko and Mary Anne Stasko (b) Date of Mortgage: May 31, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1996 Page 1366 Date: June 19, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc as nominee for Delta Funding Corporation Assignee: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 1145 Lambs Gap Road, Mechanicsburg, Pa 17050 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: James E. Stasko, 1145 Lambs Gap Road, Mechanicsburg, PA 17050; Mary Anne Stasko, 1145 Lambs Gap Road, Mechanicsburg, PA 17050 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of August 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of February 28, 2009: Principal of Mortgage debt due and unpaid Interest currently due and owing at 9.24% per annum calculated from July 1, 2008 at $55.12 each day Escrow Advances made by Plaintiff Late Charges continue to accrue at the rate of $86.26 Bankruptcy Fees Appraisal Fees Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $217,741.89 $13,394.16 $1,961.88 $431.30 $775.00 $111.00 $10.50 $250.00 $5,000.00 $239,675.73 9. Interest accrues at a per diem rate of 55.12 each day after February 28, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully rdquasts that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DENARDO, LLC Date: ?340q BY: 8W No) Attorneys for Plain S & D File No. 08-034270 I . 9t 2307 JUN 13 Aft 8 $p After ft=wbog R$Wm To: AM i?M(?tu"d 9009 was". NY 11Th') AtIMHOn: Docuasai"an Carrot VcpL 3rd door. RIB now To: SON19- &*Ak r?a 15245 Shut 6rovi Road SUN* #155 Rockvift, Ned 20850 DVVJVAJa [Space Above Thk Line For Recording Data[ MORTGAGE LENDER:(Delta Funding Corporation) LOAN #: 6103420303 NOMINEE: MERS, MIN Number#:100076600001144512 DERNITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this docw=mt are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 31st, 2007 together with all Riders to this document. (18) "Bwrowelr" is names E. Stasko, Mary Anne Stasko. Borrower is the mortgagor under this Security Insblument. (C) "NUts, is Mortgage ElectroAie Registration Systems, Inc. MFRS is a separate corpoishon. tbu is ailing solely as a nominee for Lender and Lender's successors and assigns. mma is the amr4w nuder tbis Security Inatlr ment, MM is organiud soil existing under *a laws of Delaware, and has an address and telephone number of P.O. Box 2026, flint, MI 48501-2026, tel. (888) 679-MRS. s (D) "I OWW r" is Deidt aCarpOtnttit n. Lender is a corporation or association orgu zed and exisdag underth i 1797of New York, Lender's address is 1000 Woodbury Road P.O. Elm 9009, Woodbury, (E) "Nite"• means the promissory note signed by Borrower and dated May 31s4 2087. The Note stun that Borrower owes 1~ axkr two hunched eighteen thousand four bundrod Dollars (UJW111,4NM plus merest. Borrower has promised to pay this debt in regular Periodic Pawmats and to pay the debt in full not later than July 1st, 2037. (F) "Propu ty" means the property that is described below under the heading "Transfer of Rights in the Property. r9r*4 IVLVANIA-sinsvFamily-FnokMewVrrWd* MOeUNIF RK1r{SM()MMT Form 3630 UD1 Omw10Jl6 ????? 8I f 996P6 1366. (C) "Loan" means the debt evidenced by the Now, plus interest, any prepayment charges and late cl?dtte under the Note, and all sums due tinder this Security Instrument,p1u interest. (1H) " means all Rideta to this Security Instrument that are 'executed by Bore wer. - The following Riders are to be executed by Borrower {dteck box as applicable]: ? Adjuftble Rate Rider ? Condominium Rider [] Second Home Rider ? Balloon Rider ? Planned Unit Development Rider © other(s) [specify)- El 1-4 Family hider ? Hiweeldy Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) " etmm=y Associatlon Dues, Fees, *ad Assessments" means . all dues, fees, assessments and other charges that are imposed on Borrower or the Property by' a condominium association, hoamowners association or similar organization. (19 "Ehmtresie Fos& Transfer" means any transfer of fiords, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, paint-of-sale transfeaa, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscdhm es Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Properly; (iii) conveyance in lieu of condemnation; or (iv) mi esentations of; or omissions as to, the value and/or condition of the Property. (N) Mort a Insaraaaee" means insurance protecting Leader against the nonpayment of, or default on, ghee Loan. (O) 'Terlodic Pa meat" means the regularly scheduled amount due for (i) principal and. interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RIMA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ct seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to hme, or any additional or successor legislation or regulation that governs the same stiblec .fir. As used in this Security Instrument, "RBSPA" refers to all requirements and reatnchoea. drat are unposed in regard to a "federally related mortgage loan" even if the Loan does mot qualify as a "federally related mortgage loan" under RESPA. (Q) "Sreeenor in Interest of Borrower" means any party that has taken title to the Property, whether or not that p uty has assumed Borrower's obligations under the Note and/or this Security instr mclut. TRANSFIR OF RIGHTS IN THE PROPERTY This Seow* Instrument satires to bender: Q the repayment of the Loan, and all renewals, cAmmions and modifications of the Note; and (ti) the pertomrmance of Borrower's covenants and agreements under this Security Instru rrimt and the Note. rxMNWLVAN[A-Simile Eddy-w.w MswVt"We Mw UMPMM 0ftft0MXW a rn Mt 1m 4W& 1.r/s rte! (Mea6) UKI996PG1367 For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nonwtoe for Leader and Lender's. successors and assigns). and to the successors and assigns of MFRS, the fallowing described property located in the . County of Cumberland See Property Description which currently has the address of 1145 Lambe Gap Road Town=ship Of Hampden penhsylvan a 17030 Property Address): Section: Block: Lot: TOGETHER WITH all the improvements now or hereafter erected on the property, and all eases, a? vartcnances. and fixtures now or hereafter a part of the property. All replacements and additions shall' also be coverers by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests graated by Borrower in this Security Instrument- but, if necessary to comply with law or custom, MFRS (as nominee for bender and Lender's successors and assigns) has the right: to wwreise any or all of those interests, itcluding, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property agaimt all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non=unifora? covenants with limited variations by jurisdiction to constitute a uniform security iush meet covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows= 1. ?sym t of Principal, llaterest, Zscrow Items, Prepayment Charges, and Late Chwices. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Notre and any prcpaymcat charges and late charges dine tinder the Note. Borrower shall also pay Rinds for Eaar+aw Items pursuant to Section 3, payments due under the Note and this Security Instrument shall be evade in U.S. currency. However, if any check or other instrument received by bender as payment under the Note or this Security Instrument is returned to Lender uopruid, Leader may region that any or all subsequent payments due under the Note and this Instrument be made in orac or more of the following forms, as selected by Lender: (a) =% money oral r. (e) certified check, bank check, treaurces check or cashier's check, provided . any such check is drawn upon on institution whose deposits are insured by a federal agency, inshumentality, or entity; or (d) Electronic Funds Transfer. WV!Jft-VAM -,1W& Fundy4ftmU Ir&WF. Wr Mee UMFORM tN*fttwENT (M8f18 Form Jlbf Lai (p%e j •/16 Rl{M'1 8K 1996PG 1368 Payments are deemed received by Lender when received at the location designated in the Note or at such other location a¢ may be by Lender in accordance with the notice PO.MMM is Section .15e Loader may return any p*y? or partial payment if the payment or pmiW payments aim finuffickat to' brine the Loan current. Lender may. accept any payment or Pte.. autt?cicat to boring the an curr+catt; without waiver of any rights .hereunder or to its dffib to refuse such payment or partial payments in the future, but Lender is not to app Such paymens at the time such payments are accepted. If each Periodic Pa}mtent is applied as of its scheduled due date, then Lender need not pay interest on unapplied f rods, Lender may hold such uuapplied &nds until Borrower makes payment to brim the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower_ If not applied earlier, such funds will be applied to the outstanding principal balance under the Dote immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower flun? malting payment's due under the Note and this Security instrument or performing the ooveiMWs and agreements secured by this Security Instrument, 2. AppllicaBon of Paymmts or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priaritY: (a) fate rest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shalt be ad to each Periodic Payment in the order in which it became due. Any ratnaimtng amounts shall be applied first to late charges, second to any other amounts due MdCr this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fi+om Borrower for a delinquent periodic Payment which includes a sufficient a-mt to pay any late charge due, the payment may be applied to the delinquent Payment and the tale charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in W. To the extent that any excess exists after the pay is applied to the full payment of one or more Periodic Payments, such excess may be to any late charges and as gibed due. Vohmtary in the N prepayments shall be applied first to any prepayment tbm Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Paycnn its. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under else Note, until the Note is paid in full, a sum (the "Funds") to provide :. , for •payment -of amoartts- due for. (a) taxes and assessments and other items which can attain priority over teals Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or waxed rents an the Property, if any; (c) premiums for any and all insurance required by Under under Section 5;:! If Mwtgage Insurance premiums, if any, or any sums payable by Bamywcr to Leader in lice of the payment of Mortgage Insurance premiums in ad coidan c with the pr»visium of Section 10. Tbese items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may enquire that Community Association Dues, Fdtes, and Asaessmens, if any, be escrowed by Borrower, and such duos, fees and aasessaoown shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid tinder this Section. Borrower shall pay Lender the Funds for Escrow Items Unless Lender waives Borrower's obligation to pay the Funds for any or all J3scrow items. M MMLVANU-Sk0a FWK14-FWLnr MhWre"W Mac UNWmM V4MRUMRW (MEAS) s rm Mf IMI 0kW$ #fjd IgrN 8t i 996PG 1 369 Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of sum waiver, Borrower shall pay giro y, when and'whm-psy , the aniotmts due for any Escrow Items for which payment of Funds bps been waived'by bender and, if Lender recjtiwo, shall Amish to Lendcr mce" evidemiag such paeynis t .ithin such time period as Leaft may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instalment, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount-due for an Escrow Item, Lender may exercise its rights. under Section 9 and pay such amount and Borrower shall than be obligated under Section 9 to repay to Lender any such amount: Lender may revoke the waiver as to any or all Escrow Items at any time by a notice gg??vai in accordance with Section 15 and, upon such revocation, $orrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an am' ount (a) sufficient to permit tender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximuin amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an i gluon whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Hank. Lender shall apply the Funds to pay the Escrow Items no later than the tit ne specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower slid Lender can We in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fluids held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fiords in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RFSPA, and Borrower shall pay to Lender the amount necessat y to make up the shortage in -ac c:ordanc a with MPA, but in no more than 12 month a ts. If there is a deficiency of Funds held m escrow, as defined under RESPA, Lender notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to crake up the deficiency in accordance with RBSPA, but In tm amore limn 12 monthly payin alts. Upon payawnt in full of all sums sectored by this Security Instrument, Lender shall pro refund OD Borrower any Funds held by Lander. ; Lkas. Borrower shall pay all taxes, assessments, charges, fines, and impositions attri table to the Property which can attain priority over this Security Instrument, leasehold psymeeft or ground rein on the Property, if any, and Community Association Dues, Fees, and Asks, if aW. To tie extent that these items are Escrow Items, Borrower shall pay them in the mgr PMf-2- in Section 3. Borrower shall promq3y discharge any lien which has priority over this Security histrument unkes Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner accesptable to Lender, but only so long as Borrower is performing such al(b) contexts the lien in good faith by, or defends against enforcement of the lien in, legal pmeoedingg which in Landers opinion operate to prevent the enforcement of the lien while those praccodlp we pending, but only until such proceedings are concluded, or (c).secures from the holder of tine lien an agreement satisfactory to Lender subordinating the lien to this ri VAMA-Silk FMib -Flare K"ThAft Noe UMFORM tlMMUnlPff Fom M" lrot Omwe f ej1Q real (MFRS) Bit l 996PG 1370 If Lender determines that any part of the Property is subject to a lien which can attain priority over dig Security butrumotit, Lender of do date on wbkh t may give Borrower a notico idenfifying the lien. Within 10 or'take one or more ofof fe actives set l?pt1h above in this Section Borrower shall satisfy the Ien Lemft Qmy;require Borrower to pay a one-time charge for areal estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Preperty I===ce. Borrower shall keep the improvements now existing or ircreat}er erected on the Property h uued against loss by fire, hazards included within the term "extended covcmgc," and =y other hazards including, but not limited to, earthquakes and floods; for which Lender msuraucc. This insurance shall be maintained in the amounts (including deduatib=) and for the periods that Lender requires. VA at Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may' require Borrower to pay, in Connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time "'mappings or similar changes occur which reasonably might affect such determination or certification. Borrower shah also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Leer's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lenders but mot or might not protect Borrower, Borrower's equity in the Property, or the contents of tefi Pr perty, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance c o v e r s i g e S a o btsiaed significantly excised the cost of insurance that Borrower could have obtxriaied. Any amotinta disbursed by Lender under this Section S shall become additional debt of Borrower s'ctu+edd? Security Instrument. These amounts shall bear interest at the Note rate from the date of meat and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All hmnance policies required by Lender and renewals of such policies shall be subject to hander's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as m?gagce and/or as an additional loss payee. Lender shall have the right to hold the policies and moral certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid pretuiums and renewal notices. If Borrower obtains any form of insurance coverage, not otbmwin required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause =zW shall name Lender as mortgagee a rd/or as an idonal loss payee. rrJr WMVwMA-X.d. Family-Fwak MmWftar. M- urnnor M M"KV?"NT (KBKS) A- M" IN[ &APd yli r.?e•? Bi1996PG1371 In the event of loss, Borrower shall give prompt notice to the insurance carder and Leader: Lender may m 4w proof of loss if not made promptly by Borrower. -Unless Lender and Boa+ower odwrwile in wallas; nay inewmnee proceeds,- whether or not the underlying insurance wras roLender, shah be applied to restoration or repair of the if the r+esboratian or repair is economically haat'ble and tender's socOrity is not lessened such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Loader has had an opportunity to inspect such Property to ensure the work has been completed to Leadc's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or on such proceeds. Fees for public adjusters, or other third parties, retained by Borrovtr?snot be paid out of the insurance proceeds and shall be the sole obli ptlon of Borrower. If the restoration or repair is not economically feasible or Lender's secarsnty would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Tnstrument, whether or not then due, with the excess, of any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available b mtrawcae claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the property. Leader may use the proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Ooenpamcy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence with= 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. PreservrltiaA; llrintenatace and Protection of the Property; Inspections. Borrower shall not desVoy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall nub ain &c FwPoty w order to prevent the Property from deteriorating or decreasing in value dire to its conitrm. Unless it is wed pursuant to Section S that repair or restoration is not eoxt®ocoioxlly leas'ble, Borrower atW promptly repair the Property if damaged to avoid further dv0arian< or damage. If insurance or corLdernaatioa proceeds era rd ire connection with damage to, or the taring of, the Property, Borrower shall be responsible for repairing or restoring the property only if L=der has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a sip& payment or in a series of payments as the work is caarpletod. If the insurance or condemnation proceeds are not suf? t to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. pZpgw"ANIA-3w& pmvy-wins Mwrr*&M Mir UNIFORM 11Y61 M 4 MRS) Fxm MH lAl (-Me f yl6 f?,p eK i 996PC i 372. Lender or its agent may make-reasonable eutries upon and inspections of the Property. If it his reasonable can, Lcndelr may inspect the interior of the improvemadb on tiro Prot.. Lender give Bouowcr notice at the time of or prior to such an interior inspection specifying- anch . cause. L Borrawei's Loan A.ppileation_ Borrower shall be in default if, during the Loin aPptieation pd+ocxss, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in crormection' with the Loan.. Material representations include, but are. not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rigdtts Under this Security IInstrUM M L If (a) Borrower fails to perform the covenants and agmements contained. in this Security htstrament„ (b) there is a legal proceeding that inight significantly affect Lender's interest in the Property and/or rights under this Security Insavroent (such as a proceeding in bankruptcy. probate, for cottdempation or forfeiture, for enforcement of a lieu which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to pnAW Lender's interest in the Property and rights under this Security Instrumvnt, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has pri over this Security Instrument; (b) appearing in court; and (c) paying reasonable attornays . lees to protect its interest m the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous condition, and have utilities turned on or off. Although Lender may take action under this section 91 Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . if"thrs Seeurity?trttrrteat is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing Borrower shall not surrender the leasehold estate and interests hereis? conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of I..eAOder, alter or amend ground lease. 14L IlLir*W Insnran m. If Lender required Mortgage Insurance as a condition of malting ttie Loaxy Borrower shall pay the premiums required to maintain the Mortgage insurance to effect A for any reasaaa, the Mortgage Insurance coverage required by Lender ceases to be available flew the mortgage insurer that previously provided such insurance and Borrower was requh+ed to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premums req` ui' ed to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. FRNMMVAMA-ffi*Ie Fe ily-Yank Mad/r"dk Mee UNWORM NMMUA[MW Fone "" 1161 Cow J oj16 IW1 (Men) 9K {996PGi373 If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall catdinw to pay to Lender the amount of the separately designated paymauts that were due whey the insurance covcmw ceased to be is cfhbct will accept, use-and retain these as a no rererve m lien of -Mortgage Inxi ance. Such loss reserve nutir-? nbtw3t ending the fact that tbe'Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no Ion#= require loss reserve if Mortgage Insurance coverage (in the amount and for the period that Lender requires by an insurer selected by Lender again becomes avai)able, is obtained, and Lender requires. separately desigrratedcpayments toward the premiums for Mortgage Tnsurancx. If Lender required Mort?ge Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premium for Mortgage Insurance, Borrower shalt pay the premiums required to maintain Mortgage insurance in affect, or to provide a nonretundable.loss. reserve, until Lender's requirement for Mortgage 7nsrrrance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination rs required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to y interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all. such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgagge insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenried "captive reinsurance." further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not incrense-the amount Ban-ewer wN owe for Mortgage Insurance, and they will not entitle Borrorreir to my refund. (b) Any snob agreements will not affect the rights Borrower has - if any - with nopeet to the a Insurance under tin Homeowners Protection Act of 1998 or any edwr law. Tbosee Ma rime m ? kidude the right to receive certain dtsdosures, to request and obtain a on of pre Mortgage Insarasoe, to have the Mortgage Insurance terminated auplamultidllbr, nad/or to nwAve a refund of any Mertgnge bsaranee premiums that were unearned at the 11 me of such cancellation or termination. 11. Amigm aent of Mineeftneous Proceeds; Forfe#nre. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. llS7RiSYLVAMA-Side Fatty.-nNAM M.dF..W& Mir Ur4TWCO M 9NNMUMEKr P.M 3639 L01 (pgs ! e/76 PROW UK 1996PG1374, If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the , zf the restoratiod or repair is. economically fea,dble and Lender's secity k not'leeeneM4 such repay and restoration period, Lender shall have the right to bold such Proceeds until Lender-has had an opportunity to inspect such Property to ensure the work has been-completed to Uzde>'s satisfaction, provided that such inspcidon shall be 1 ndwtaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to. pay Borrower any -interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Landees security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnramt, whether or not then due, with the excess, if any, paid to Borrower. Such Mrsoellanoaus Proceeds shall be applied in the order provided for in Section 2. In the event of a total tali destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be aped to the sums secured by this Security Instrument, whetber or not then due, with the excess, if any, paid to Borrower. In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or Beater than the ammmt of the sums secured by this Security Instrument imme diatey before the partial taring, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument skull be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair msuket value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the auras secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneom Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Patty (as defined in the next sentence) offers to make an award to settle a claim for damages,.Bon-*war fails to respond to Leader within 30 days after the date the notice is liven, `Lender is' as toriz+ed to collect and apply the Miscellaneous Proceeds either to restoration or repair of the to the sums secured by this Security Instrument', whether or not then due. "Op siZLWCr swa the th ird party that owess Borrower Miscellaneous Proceeds or the pa ty a omd has a right o faction in regard to Miscellaneous Proceeds. Hacr+awner shall be in dc&ult if any action or proceeding, whether civil or criminal, is bcpa that, in Lemdces Judgment, could result in forfeiture of the Property or other material impahment of Lender's interest in the Property or rights under this Security hotru went. l orrowcr can am such a default and, if acceleration has occurred, reinstate as provided in Section 19, by ding the action or proceeding to be dismissed with a ruling that, in Larder's precludes forfeiture of the or other material impairment of Lender's interest to PnValy or dghts under this Sc y?Instrument. The proceeds of any award or claim for darnagta den we attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. rLNOYLVMU-Sx a ivity--!rook MsWre i e Mee UNOORM 1NSTRUMLN r Parro ?03? INI a to ejl6 Pda BK 1996PG 1375 • :kr All Miscellaneous proceeds that are not applied to restoration or repair of the Property shad be applied in the order provided for in Section 2. •11lerrower Not B;aoasFlo Forbeirance By Leader Not a Waiver. Extension of the. time. fad prtyment or modification of amordwim of the sums secured by this Security. Instrument granted by Lender to Borrower or any Successor in Interest bf Borcmwe- shall Dot. operate to release die "liability of Borrower or any Successors in Interest of Borrower. Lender shalt not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extead time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leander in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of an ri t or remedy. 13. Joint aind Several I.lability; Saaessers and Assilpas Bound. Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "oo-sigawn: (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-s ig s interest in the Property under the terms of this Security Instrument; (b) is not personally obli to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can ague to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. S*cct to the provisions of Section 18, any Successor in Interest of Borrower who assumes borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless 'Leader aFm to such release in writing. The covenants and agreetnents of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borr+owees default, for the purpose of protecting Lender's interest in the property and ri&Us under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be, construed as a' pr+pbibition on the charging of such fee. Lender may not charge fees that are expressly prokUted by this Soauri Instrument or by Applicable Law. If the Loan is stub?cct to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan selected or to be collected in camectiou with the Loam exceed the permitted limits, thetaany such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected ftm Bom wen which exceeded pamAted lmnts will be refund to Borrower. Lender may dh me to mWw this refund by reduc' the principal owed under the Note or by making a direct payment to Bortower. If a refimd reduces pnnc4mL the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such . overcharge. >rXNMari.VAMw.Si ft% F®Irt-Vftak MWIYti? Mee U14WORM JNMUMKW TrOM 3139 1161 6MCC tl of M pyq! (ME") 6K1996PG1376 15. N'otice& All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security. Inst tmnest ttliall be demnd to have been #iven to Borrower When mailed by first olass mail or what aetoally dc.tivcred,t3o Borrower's notice address if vent by other means. Notice to any one Borrower stall constitnta notice to alt Borrowm unless Applicable Law o)Vmly require's otherwise. 'Else notice address shall be the Property Address unless Borrower has designated a mAwdtute notice address by notice to Lender. Borrower shall promptly notify Lender of Bonuwces.change of address. If Lender specifies a procedure for reporting Borrower's change of address, toes Borrower shall only report a change of address through that specified procedure. Thcxe may be only one des' ted notitx address under this Security Iastiumesnt st any one time. Any notice to L,e idw shah given by delivering it or by mailing it by first class mail to L.e ndee"'s address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Loader until actually received by Lender. If any notice required by this Security the Law requirement will satisfy Instrneenttoi?sdalso required under Appliicable w, i the Coe Law; Smrnbility; Ruh es Instrumen. of Coustructim This Security Instr anent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agm by contract or it might be silent, but such silence shall not be construed as a prohibition against agroement by contract. In the event that any provision or clause of this Sorority InNrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As mood in this Security Instrument; (a) words of the masculine gender shall mean and include eonvaponding neuter words or words of the fominine gender, (b) words in the singular shall moan and inchide the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the mote and of this Security 11MMmeiit. 18. 1Yassfcr of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, incla ing, but not limited to, those beneficial interests transferred in a bond for deed, ceatract for Aced, 'instal1iment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the property is sold or transferred (or if Borrower b not a natural person and a beneficial interest in Borrower is sold or transferred) withcwut Lender's written consent, Lender may require immediate payment in full of all sums sectnmed by thous amity instrument. However, this option shall not be exercised by bender if w x6 w=ise is prohibited by A"lioable Law. If Lender axem+ciam this option, Lender shall give Borrower notice of acceleration. The notice slid[ proviele a period of not less than 30 days from the date the notice is given in accordance with Section 13 within which Borrower must pay all sums secured by this Security Instsiimsit. If Borrower fails to pay these sums prior to the expiration of this period, Lender may involve any remedies permitted by this Security Instrument without further nonce or demand on Borrower. FffMMWLVANU-6bkg a Faml"daak M+Nba Me Mow wvnnpRM IN3'RlM XNT IFWlk O W1 #r t2 */16 Pasco (riiHAS) BKI996PG1377 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Dwower shall have the right to have enforcement of this Security W"Iment diaoodotinaod tit My time Dior to the earliest of a) five days before sale of the ? puu'Rmt to any power. of sale coaudood in this Security t; (b) such other period tus Wicable YAw might specify for the termination of Borrower's right to reinstate; or (c) entry of a JudSancnt calbrcing this security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreemectts; (c) pays all expenses iucurrod in enforcing this Security Instrument, ineludin , but not limited to, reasonable attorneys fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's Interest in the Property and rights uuder this Security Inshument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unohanged. Lender may require that Borrower pay such rck stalcmenr sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's cluck or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this security instrument and obligatious secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration wider Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Sunray Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan gervr'cer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Insttreament, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan SerA= and are not assumed by the Note purchases unless otherwise provided by the Note Norther Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other parWs actions pursuant to this Security Imtrurnent or that alleffes that the other party has breached any eon of, or any duty owed by mason of; this Imurity Instrument, until such Borrovvear or has notified the other party (with such notice given is compliance with the uireamts of.Scotiae 15) of such alleged broach and af%r&d the other party hereto a period after the gi ' of such notice to take corrective action. If Applicable Law provides • =to od which mast a e bofm drain action can be taken, that time period will be be raavnahle for purposes of this para$aph. The notice of acceleration and oPP to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to orrower Pursuant to section 18 shall be deemed to satisfy the notice and opportunity to take corrective aeon provisions of this Section 20. r9Mr4 MAMA--Sups Pmay-hmwle Maeipaed n m- umnooRM ummumviorr Rena 3039 1101 &W Y$ of ld OK1996PG1378 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are tbdw substances defined . as toxic or. hazardous substances, ' pollutants, bc wastes . by Eivisonme tal Y-aw and thb1ollowing substances: $gasoliiu, lcaras aao,•other 1 immimbWor toxic PaKdain toxic pesticides and hetirioides, Yolatlle solvents, materials. con asbestos oc f?yde, and radioactive materials; (b) "Fav tal Law" weans laws and laws of the jurisdiction where the Property is located that relate to health, safety or envit+aumeatal protection; (c) "Environmental Cleanup" includes any response actien, remedial actic u, or removal action, as defined in Environmental Law; and (d) an " EAviroamcittal Condition" means a condition that can cause, contribute to, or otherwise trigger an laiviroal Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Ekxvwer Shall not 4% nm allow anyone else to. do, anything affecting the Property (a) that is in violation of Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses awl to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any. investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the and any Hazardous Substance or Environmental Law of which Borrower has actual e (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory auEhority, or any private party, that any removal or other remediation of an Naztdons Substance affccti ag the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NUN-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: •22. Acceleration; Remedies. Lender shall give notice to Borrower prior to Moraliag Barrower's breach of any covenant or agreement it this Security lost uasent (bait eat prior to acceleration asuder Section 18 unless Applicable Law provides e dwrwte4 Leadw shall ne ft Borrower of; among other thugs: (a) the d feint; (b) the sa es to care tie death; (a:) wben the dd*Wt ntnst be cored; and (d) dot Ware to cm v dw ddkdt as sperm may result In amianden of the spurs secured by tbh Security Iastrrrset, foredosore bthe ; judkial preceedlrg need sale of the Property. Lender AM Imther irtiM'rs Borrower of nett to refsotate after actelamden and do r1& to assert In Ow for+sdesure proceeding the non-erlt/enee of a default or nay otter defesse of berrrwm' to acaderstlen and foreclosure. If the default Is not cared as speriAad, Lender at its ep- may regains Innoeadllote payment in flaclU of all toms secured by this Security xndrumest wiftmt further dwastad and may foreclose tale Security Instrument by jridtcid precoodbw Leader duM be entitled to collect sJ1 expenses lncwTW in pursairg the reseed ei go ev In tbin Section 22, inckWM g, but not Rafted to, a terneys' fees and coats of to the extent permitted by Applicable Law. F8MM YLVAMA-AVU Fsm*-ftmk M&WR*die lMse UNWOM MMUMrMr Fan Mn 1101 (OW M atIg r MFO (MIERS) BK 1996PG 1379 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and. dia estate convened shall terminate.: became void. After such occun=e, I,entlai and satidy? this Scow* Inshument. Borrower shall pay any reckon Coatis. entry Borrower a fee for releasini g this Sec ity T?cument, but only if the fee 151 p to a find' for services rendered and the charging of the fee is permitted UD(W Applicable Law. 24. Waiivem Bonvwer, to the extent permitted by Applicable Law, waives and releases any error or debts in proceedings to enforce this Security Instrument, and h=by waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption fiom amt, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Saurity. Iastrum ent.- 26. lttrchase 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 27. bdered moftw. Rate Ater Judgment. Borrower agroes that the interest rate payable after a judgment is eoered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 28. I certify that address of mortgagee is 1000 Woodbury Rd., P.0- Box 9009 Woodbury, NY 11797 FV4r MVAIIIA Side Fwily- Aimm UnwTivam K= UNQOM IIYMLOAL T ? ? Fw= HN IM &eye JS of I f /wed ?I t 996PG 1380 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any hider mm xod by Borrower and recorded with -it Witnesses: E. Seal -Borrower Seal -Borrower Seal -Borrower Sea] -Borrower [Space Below This Line For Acknowledgement] STATE OF 1l1 Jlil?? County so On this 31st day of May , 2007, before me, the undersigaed, a Notary Public in and for said E. Stasko, Mary Arnie Stako and acknowledged the eras o p ly ?wcarcd g inatrJanx*t. WITNESS my hand and official seal. SM4 . My commission Expires: O A*j Notary c w•?G'i r ffAM2VLVAMA-MW4k Pry-YMmk MMIP}pHk M*A UNIVIORM DMMUMMT S.H. 3839 IMI (fie !6 sJt6 PWA-) (MCRS) 8K 1996PG 1381 The peached A1.rrrgige covers real properly principally Improved by a one ro four family duelling Nre"lisc> cmll"K kno" it 1145Umobs(law Road. TorwWWDCWllamodee.fA 17050 ht$TRIC1' SECTION OLOCK mmwmmmm%l4396PG1382 COW Sebedule "A" ALL THAT CDCRTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIA OF HAMPDEN, COUNTY OF C'U RLAND, AND STATE OF PENNSYLVANIA, BOUPOW AND DESCRMD IN ACCORDANCE WITH A SURVEY AND PLAN TIMPMOF MADE BY D.P. RAFFMSPERGER, REGISTERED SURVE`Y'OR, DATED MAY 25, 1964, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE WEST SIDE OF A PUBLIC ROAD KNOWN AS LAMB'S GAP ROAD (STATE HIGHWAY ROUTE NO. 21051) SAID POINT BEING THE DIVISION LINE BETWEEN LOTS NOS. 9 AND 10 AON THE $EREINAFTER MENTIONED PLAN OF LOTS SAID POINT ALSO BEING 230.43 FEET NORTH OF GI,ISN MOD STREET; THENCE ALONG SAID DIVISION LINE BETWEEN LOTS NOB. 9 AND 18 ON SAID PLAN, SOUTH 67 DEGREES WEST, A DISTANCE OF ONE HUNDIZD SDI'TY-SSIX AND NIMETY-SEVEN ONE HUNDREDTHS (166.9 FRET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 9,14 AND 15 ON SAID PLAN; NOR'T'H 23 DEGREES WEST, A DISTANCE OF ONE HUNDRED TWENTY (M) FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. S AND 9 ON SAID PLAN, NORTH 67 DEGREES EAST, A DISTANCE OF ONE HUNDRED SEVENTY-FOUR AND FIFTY TWO ONE- HUNDII VIMS, (17452) FEET TO A POINT OF THE PUBLIC ROAD AFORESAID (STATE HIGHWAY ROUTE NO. 21451); THENCE ALONG SAID ROAD, SOUTH 19 DRGRZES TA MIN[TTI+,$ EAST, A DISTANCE OF ONE HUNDRED TWICNTY AND TWENTY-FOUR ONF-HUNDREDTHS (120.24) FEET TO THE PLACE OF BEGINNING.' BERG ALL OF LOT NO.9IN THE PLAN OF LOTS KNOWN AS GLENNWOOD FARM F.S9'I'ATES WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 10, PAGE 3- 1 Ccrti ty this to be recorded In Cumberland County PA Recorder of Deeds . F? Na??rRV?a 9(1 9 9 6 P6 1383 f . Loan Number: 0103420303 FIXED RATE STEPPED PAYMENT NOTE THIS NOTE CONTAINS PROVISIONS WHICH WILL INCREASE MY MONTHLY PAYMENT. ft 31, 2007 Township Of PA ate [City] [State] 1145 Lambs Gap Road, Township Of Hampden, PA 17050 [Property Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 218,400.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Delta Funding Corporation. I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.240°/x. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the Ol day of each month beginning on Aug 01, 2007. 1 will make these payments every month until I have paid. all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest it will be applied to interest before Principal. If, on July 1st, 2037, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Matizity Date." I will make my monthly payments at 1000 Woodbury Road P.O. Box 9009 Woodbury, NY 11797 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S1,725.I1 for the first 120 months of this Note, and thereafter will be in the amount of U.S. $1,920.87,. The Note Holder will notify the prior to the date of a change in the amount of my monthly payment. 4. BORROWER'S RIGHT TO PREPAY I. have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When 1 make.a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. 1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. However, if any partial Prepayment is made prior tolthe time of the payment change in Section 3(B) above, at the time of the payment change, the Note Holder will detennine the amount of the monthly payment that would be sufficient to repay the unpaid principal in full on the maturity Date at the interest t1,?ate. set forth in Section 2 in substantially equal payments. A partial Prepayment made prior to the time of the payment change in Section 3(B) above will result in a decrease in the. amount of my monthly payments due after the time of the payment change in Section 3(B) above. If the partial Prepayment is made after the time of the'payment change in Section 3(B) above, the amount of my monthly payment will not decrease; however, the principal and interest required under this Note will be paid prior to the Maturity Date. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be ref coded to me. The Note Holder may choose to make this refund by reducing the Principal 1 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. I I C21291 Pap I of3 r)l A 6. BORROWER'S FAILURE TO PAX AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of interest and/or principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if 1 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 mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. to. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,: a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires immediate, payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. C21281 Page 2 of 3 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. E. Stasko Seal -Borrower Anne Seal -Borrower Seat -Borrower Seal -Borrower Sign Original Only] C21291 Page 3 of 3 OCWEN Loan Servicing, ^_ L----'N 12650 Ingenuity Drive O C W E N Orlando, Florida 328260 WWW.OCWEN.COM October 27, 2008 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515123542344 Reference Code: 0807 Mary Anne Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Loan Number: 103420303 Property Address: 1145 Lambs Gap Road, Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT 6 40 ,lot+ DAM1.11 undhication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. R OCWENLoan Servicing, C l 12650 Ingenuity Drive "O C W W E " _ N Orlando, Florida 32826 APPENDIX A October 27, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OCWEN.COM 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 to 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 THIRTY (30) 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 questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE 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): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Mary Anne Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050-0000 103420303 DELTA FUNDING CORPORATION OCWEN DACr91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing .,C !O; 12650 Ingenuity Drive L__.___ Orlando, Florida 32826 WWW.OCWEN.COM OCW E N N 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 tenworarv stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) 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 meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, 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 (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, ^. 0i 12650 Ingenuity Drive ' Orlando, Florida 32826 O C W W E E N N WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1145 Lambs Gap Road, Mechanicsburg, PA 17050-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 1,914.39 from August 01, 2008 through October 27, 2008 DETAIL SUMMARY : Principal and Interest ................................. $ 5,175.33 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 567.84 Late Charges ........................................... $ 0.00 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 775.00 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 6,518.17 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,518.17, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check. Certified Check or Money Order made savable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 other reasonable costs. If you cure the default within the THIRTY (30) 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 (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Drevent the sale at anv time up to one hour before the Sheriffs 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 anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv 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. DAM1.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, 'C r ( 12650 Ingenuity Drive C W E N Orlando, Florida 32826 O C W W W.OCWEN.COM 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 six (6) 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 servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X 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 (3) 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DAM1.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. " [- _.- - ` OCWEN Loan Servicing; ': L 12650 Ingenuity Drive ocweN Orlando, Florida 32826 WWW.OCWEN.COM October 27, 2008 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515123542337 Reference Code: 0807 James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050-0000 Loan Number: 103420303 Property Address: 1145 Lambs Gap Road, Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing. C 12650 Ingenuity Drive :0 .f 0 0 w e N Orlando, Florida 32826 W W W.OCWEN.COM APPENDIX A October 27, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose Specific information about the nature of the default is Provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 THIRTY (30) 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 questions representatives at the Consumer Credit Counseling Agency may be able to he1P 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 CONTENH)O DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE 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): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050-0000 103420303 DELTA FUNDING CORPORATION OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. w R OCWEN Loan Servicing 12650 Ingenuity Drive 0y Orlando, Florida 32826 O C W E N C WWW.OCWEN.COM 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 tenworarv stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit course i g agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, 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 (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, ' C 126501ngenuity Drive - Orlando, Florida 32826 WWW.OCWEN.COM O C W E N HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1145 Lambs Gap Read, Mechanicsburg, PA 17050-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $1,91439 from August 01, 2008 through October 27, 2008 DETAIL SUMMARY : Principal and Interest ................................. $ 5,175.33 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 567.84 Late Charges ........................................... $ 0.00 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 775.00 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 6,518.17 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,518.17, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram. Cashier's Check. Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 other reasonable costs. If you cure the default within the THIRTY (301 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 (30) 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 Sheriffs 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. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. r OCWENLoan Servicing. "C 12650 Ingenuity Drive O C W E N Orlando, Florida 32826 WWW.OCWEN.COM 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 six (6) 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 servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to 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 X 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 (3) 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 I ms communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. HSBC Bank USA,N.A., as-Trustee for the registered holders of Renaissance Equity Loan-Asset-Backed Certificates, Series 2007-3 v. James E. Stasko and Mary Anne Stasko - - - ----- - - VERIFICATION The undersigned is Default Servicing Liaison of Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset- Backed Certificates, Series 2007-3 Date: February 23, 2009 N e: essica Was Ti e: efault U e icing Liaison Co y: HS Bank USA, N.A. 08-034270 9 ?5 rz- d} Rr 0 Sheriffs Office of Cumberland County R Thomas Kline ?tr et ?uwbrr? Edward L Schorpp Sheri Solicitor <V4 Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 03:10 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diliger search and inquiry for the within named defendant to wit: Any occupants other than James E. and Mary Anne Stasko located at 1145 Lambs Gap Road, Mechanicsburg, Cumberland County, PA 17050, but was unable to locate any. He therefore returns the within Complaint and Notice as not found as to any occupants. 03/27/2009 03:10 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1510 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James E. Stasko, by making known unto himself personally, defendant at 1145 Lambs Gap Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/27/2009 03:10 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diliger search and inquiry for the within named defendant to wit: Mary Anne Stasko, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Ma Anne Stasko. The defendant is deceased as of February 2009. SHERIFF COST: $79.80 March 30, 2009 2009-1342 HSBC BANK VS JAMES E. STASKO SO S, R TH MAS KLINE, SHE B Deputy Sheriff ?.iw?; ''v:. r` SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF VS. James E. Stasko and Mary Anne Stasko DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1342-CIVIL PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: Ilana Zion, Esquire Attorney for Plaintiff SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the ; registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF VS. James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Mary Anne Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY. NO: 6 9 3 y c'v !? ?:. a• c? co -< COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE -NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR MR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 01 FJt-t?i=rrG OF THE ?W APR -8 AM 104 56 GLINT y w = $ro.od?t d AJ1,? ear 3a s73 3 ?? ?,3Y38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION HSBC Bank USA, N.A., as Trustee for the COURT OF COMMON PLEAS registered holders of Renaissance Equity CUMBERLAND COUNTY Loan Asset-Backed Certificates, Series 2007- 3 NO: 09-1342-CIVIL PLAINTIFF VS. James E. tasko and Mary Anne Stasko DEF NDANT(S) SUGGESTION OF DEATH TO PROTI40NOTARY: Kindly enter upon the record that, based upon Plaintiffs information, knowledge and belief, Defer} dant, Mary Anne Stasko, is deceased, survived by James E. Stasko. 1. copy of the Sheriff's Return of Service for Mary Anne Stasko, was provided to the Plaintiff, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A" Respectfully, SHAPIRO & DENARDO, LLC ' ? viu X- Ilana Zion, Esquir Attorney for Plain Attorney I.D. PA Bar # 87137 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Tel) (610) 278-6800 r Sheriffs Office of Cumberland County 1 Thomas Kline coo" of tu116r144s Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFCA OF THE SWRlff Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 0 10 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diliger s rch and inquiry for the within named defendant to wit: Any occupants other than James E. and Mary A ne Stasko located at 1145 Lambs Gap Road, Mechanicsburg, Cumberland County, PA 17050, but was u ble to locate any. He therefore returns the within Complaint and Notice as not found as to any 03127/2009 0310 PM; Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 27 2009 at 1510 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the in named defendant, to wit: James E. Stasko, by making known unto himself personally, defendant at 11 5 Lambs Gap Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the sa time handing to him personally the said true and correct copy of the some. 03/27/2009 03:10 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diliger se rch and inquiry for the within named defendant to wit: Mary Anne Stasko, but was unable to locate her in is bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Ma An a Stasko. The defendant Is deceased as of February 2009. SHERIFF COST $79.80 So March 30, 2009 J -1342 BANK VS 1S E. STASKO R TH MAS KLINE, SHE B Deputy Sheriff i 1 D*j*EVrwSwwke;INC 2154 E. Sergeant St., Philadelphia, PA 19125 P - 215-901-7269 fax-267-371-5191 Joe.Sarocy@defaultexpress. com www.defaultexpress.com 5/1 PROBATE SEARCH Re: Sta?sko, Mary - SS# 197-40-8225 - DOD - 02/06/09 - Estate # n/a Our office contacted the Register of Wills office in Cumberland County. Per Register of Wills 0 ice there is no estate raised for the above individual(s). CREDIT INFORMATION MARY NNE ANN STASKO SSN: 197-40- Age: 47 8225 Address Phone Number 2070 EN IELD ST, CAMe. HILL, PA 17011 (717) 691-7917 1145 LAMBS GAP RD, MECHANICSBURG, PA 17050 (717) 691-7917. 422 BROI K CIR, MECHANICSBURG, PA 17050 (717) 691-7917 DECEDENT INFORAMTION N Field° Value Records Results ISSN 197408225 [0 found )OB: May 1961 Phone: Possible Dates 03/01/1984-04/30/2008 03/01/1984-04/01/2001 03/01/1984-09/01/1994 POSSIBLE HEIRS FOR THIS SUBJECT 1145 LA JAMES E MARY AN 2070 EN MARY ANI 422 ORO JAMES E' MARY ANI 7BS GAP RD, MECHANICSBURG PA TASKO 717-7319512 Oct 1956 IE STASKO - May 1961 IELD ST, CAMP HILL PA E STASKO - May 1961 )K CIR, MECHANICSBURG PA TASKO 01/01/1956 E STASKO - May 1961 r Social Security Death Index - Ancestry.com ? Page 1 of 1 ancestr Social Security Death Index -um-: Mary A. Stasko SS N : 197-40-8225 Uist Residence:; 17074 Newport, Perry, Pennsylvania Born: 31 May 1961 Died: 6 Feb 2009 State (Year) SSN Pennsylvania (1966) Fsqued: Source CFUnion in br•.; 3 .7r 4,,:;+{. eso( :Sta'e I'e'trb) IU0 u.ltsue D;Ji rt}(>b, Source wormatim, - r.:e?t m. S•.aru err r1n0^s0, la(4_r( .L+asc..n n_;?.F'tx(- I I',IJ;? 7t.e(;e;nerati:;ns \.LJ(rcrk I t or. (In maI(ri S. JaIS (rit;Adrninisttation Sorrri:S(:euatalhJar/:ladexy 5}rn'tr r ilv S>cia r .,,y :1? rt rrstr.Jtu±n. Description: 1lteSQCtaI S CUIitC,idltlini&4'ra2i(Ni Death %lastfrRecontains information on millions w de eas:d individuais with 1111O. 'd States sxial security numbers whose deaths were reported to the Social S(:(rarity:?dmSnistcaticn.Bieth Years fir! he indndduaIs listed range{r.Jm113-5to last year. to{;Jr.;tatinn in tbesse rP(Y 1 F 1 odes name, birth date, death date. anal last' kw-m F..fam mule http://search.anc?stry.com/cgi-bin/sse.dll?indiv=l &rank=0&gsfn=&gsln=&sx=&f9=&f8=&... 4/9/2009 'HC ,? w 2909 F1AY 20 Art 0.5 C U, SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-1342-CIVIL James E. Stasko DEFENDANT(S) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $243,879.11 in favor of the Plaintiff and against the defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $217,741.89 Interest at 9.24% from July 1, 2008 to June 1, 2009 (336 days @ $55.12 per diem) $18,520.32 Late charges $172.52 Escrow Advance $1,961.88 Property Inspections $10.50 Appraisal Fees $222.00 Title Search Report Fees $250.00 Attorneys Fees $5,000.00 TOTAL AMOUNT DUE $243,879.11 - non BY: Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $243,879.11. Pro. Prothy. 08-034270 /,3/07 SHAPIRO & DENARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. MICHAEL CLARK, ESQ. CHRISTOPHER A. DENARDO, ESQ. AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 202929, 78447 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0q _ 154 G , I VS. James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Mary Anne Stasko 1145 Lambs Gap Road ; Mechanicsburg, PA 17050 DEFENDANT(S) STATE OF: Florida COUNTY OF: Orange AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Ocwen Loan Servicing, LLC on behalf of HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 By: N : Jessic ybas TI L Defa t ervicing Liaison eb 2 9 Swornto ubscri b before me this 231uhblic Notary 08-034270 ; sn.es N ID MY COMMISSION SION# # DD 693114 , W EXPIRES: Jury 9, 2011 Bonded Thru Notary POW Underwriters SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity ; Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF VS. James E. Stasko and Mary Anne Stasko DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1342-CIVIL CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, May 20, 2009 to the following Defendants: James E. Stasko, 1145 Lambs Gap Road, Mechanicsburg, PA 17050 ,.-f 02a A4 as Tiffany Donnell, Legal Assistant to Ilana Zion, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity ; Loan Asset-Backed Certificates, Series 2007- 3 ; PLAINTIFF VS. James E. Stasko and Mary Anne Stasko ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1342-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: James E. Stasko DATE OF NOTICE: May 20, 2009 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTMCACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la action requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: James E. Stasko, 1145 Lambs Gap Road, Mechanicsburg, PA 17050 4"0.- a Ilana Zion, Esquire Shapiro & DeNardo, LLCO Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF VS. James E. Stasko DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-1342-CIVIL CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Date mailed: ? I lid I SHAPIRO & DENARDO, LLC BY: U"- Michael J Clark, Esquire Attorney 1cor Plaintiff 08-034270 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF vs. James E. Stasko DEFENDANT(S) NO:09-1342-CIVIL CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset- Backed Certificates, Series 2007-3 1675 Palm Beach Blvd. West Palm Beach, FL 33401 and that the last known address(es) of the judgment debtor (Defendant(s)) is: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 SHAPIRO & DENARDO, LLC BY: v `-- Michael J. Cka , Esquire Attorney for nt iff 08-034270 f -404? Oo pP ct,*,gq4ltu OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013CURTIS R. LONG Prothonotary TO: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF ; VS. James E. Stasko DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-1342-CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. CURTIS R. Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration 4,/,3/09 [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other HSBC Bank USA, N.A., as Trustee for the File No. _09-1342-CIVIL registered holders of Renaissance Equity Amount Due $243,879.11 Loan Asset-Backed Certificates, Series 2007- Interest June 2, 2009 to December 9, 2009 3 is $11,791.96 PLAINTIFF Atty's Comm Costs vs. ' James E. Stasko DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached- Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant( ) described in the attached exhibit. Date: Signature: Print Name: Michael J Clark Es wire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 C>O hq - so ilg.60 ,. 10-00 ? OS •? r ?? A'? a 00 a•$° C 50 4? .?WOA SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF VS. James E. Stasko DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1342-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1145 Lambs Gap Road, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s) James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 1675 Palm Beach Blvd. West Palm Beach, FL 33401 1 4. Name and address of the last recorded holder of every mortgage of record: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, Plaintiff 1675 Palm Beach Blvd. West Palm Beach, FL 33401 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 1145 Lambs Gap Road Mechanicsburg, PA 17050 Internal Revenue Service Federal Estate Tax Chief Examination Division Group 1820 P.O. Box 12040 Philadelphia, PA 19105 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 % . 't I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: ? r\f\ A k Mic ael 3. Cl k, Esquire 08-034270 frni.,, ,...? Ii1• d.., r,? SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 PLAINTIFF VS. James E. Stasko DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1342-CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: FHA - Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit That the Plaintiff has complied in all respects with Section 403 of the Mortgage X Assistance Act including but not limited to: (a) Service of notice on Defendant(s) (b) Expiration of 30 days since the service of notice (c) Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency (d) Defendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given herein. SHAPIRO & DENARDO, LLC BY: ? /\/\ ? OL Mic el J. C k, Esquire PA Bar # 201929 2 2-i SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF ; VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1342-CIVIL James E. Stasko ; DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Your house (real estate) at: 1145 Lambs Gap Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at 10:00 am, in Cumberland County Sheriffs Office 1. Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $243,879.11 obtained by HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 1. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-034270 , ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY D.P. RAFFENSPERGER, REGISTERED SURVEYOR, DATED MAY 25, 1964, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE WEST SIDE OF A PUBLIC ROAD KNOWN AS LAMB'S GAP ROAD (STATE HIGHWAY ROUTE NO.21051) SAID POINT BEING THE DIVISION LINE BETWEEN LOTS NOS. 9 AND 10 AON THE HEREINAFTER MENTIONED PLAN OF LOTS SAID POINT ALSO BEING 230.45 FEET NORTH OF GLENWOOD STREET; THENCE ALONG SAID DIVISION LINE BETWEEN LOTS NOS. 9 AND 10 ON SAID PLAN, SOUTH 67 DEGREES WEST, A DISTANCE OF ONE HUNDRED SIXTY-SIX AND NINETY-SEVEN ONE HUNDREDTHS (166.97) FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 9,14 AND 15 ON SAID PLAN; NORTH 23 DEGREES WEST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 8 AND 9 ON SAID PLAN, NORTH 67 DEGREES EAST, A DISTANCE OF ONE HUNDRED SEVENTY-FOUR AND FIFTY-TWO ONE HUNDREDTHS (174.52) FEET TO A POINT OF THE PUBLIC ROAD AFORESAID (STATE HIGHWAY ROUTE NO.21051); THENCE ALONG SAID ROAD, SOUTH 19 DEGREES 24 MINUTES EAST, A DISTANCE OF ONE HUNDRED TWENTY AND TWENTY-FOUR ONE-HUNDREDTHS (120.24) FEET TO THE PLACE OF BEGINNING. BEING ALL OF LOT.. NO. 9_..W THE PLAN OF LOTS KNOWN AS GLENNWOOK FARM ESTATES WHICH SAMYL14N IS RECORDED .IN THE OFFICE OF THE RECORDER OF ` -. DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 10, PAGE 3. BEING the same premises which Don H. Funt, single man and Joseph M. Johnson, single man, by Deed dated September 15, 1994 and recorded in the Cumberland County Recorder of Deeds Office on September 21, 1994 in Deed Book 112, Page 116, granted and conveyed unto James E. Stasko and Mary Anne Stasko, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1342 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, N.A., as Trustee for the registered holders of RENAISSANCE EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3, Plaintiff (s) From JAMES E. STASKO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $243,879.11 L.L. $.50 Interest from 6/02/09 to 12/09/09 - $11,791.96 Atty's Comm % Due Prothy $2.00 Atty Paid $208.80 Other Costs Plaintiff Paid Date: 6/03/09 Curtis R. Lon , ro o otar (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:09-1342-CIVIL VS. James E. Stasko and Mary Anne Stasko DEFENDANTS CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset- Backed Certificates, Series 2007-3, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on October 21, 2009, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: n /~C~;~;~ Lisa Kosik Legal Assistant 08-034270 O r1~ ~o . oo ~, `~ ; ~a~aa uan;aa z cs N ,~~ .. ~ s ~~~ ~ an~~a pa;~~a; ab -o ~;~ . - ~. ~~ a 6u ~pueN e~~adg ~~ ~~ ~ ~ ~ ~ u ~;ewa~ uo~ as ;eu6~g ° y .o a _ ' . O s ~ ~, Q~1~Nn ~~ y l0 ~~ Q ~= ~~ ~o N C ~ L U 2 `0mac~y mEe ~1 G N W = y V. O ~ ~ o a ~ ly ~ ~° a.'• v o m v.. k ~ U ~ d £ N ~ ~ ,Q • ~~ IL pp Q~ U O U a O C y O ~ ';~ ~ c L ~ ~ N TTD1 y O a c G N O ~ '~ ~ °~ y ~ 0 '~n~,V ayt N ~ U ~ O ,~ ~' `'' L ~ y E m ~ c ro ~ ~ ^^^^ ~. ~ ~ N p ~ o Q U ~' "" •> in C O N ~ ~ •~ ~ oo o ~ ~ q ~ z 14 o a~iQ •`^ ~~ ~ r'' ~~a ~ '~~ ~ 0 0 '~ E ~ ~ `~••' ~ ~ ~ GL Q o ~ a ~ y ~ ~ ~ O Q+ v C7 ~ ~ V O .~~ ~ ~~ z~ v z ° ' ~ U o .~ ~ a~i • o ° `~ ~ O ~ 'd Q ~ n UOw ~ U ~ v ~ ~ ~ ~ ~ ~ ~ tRi, 4~ ~ ~ b ^ ~ ~ ..O o o U a~ C~~ ~ a~ ~ CaQx ~ ~ ~wU ~. C7a~ a H~~ U~U , a N v c ~ ~ ~ ~ a oa ~ N w o a~ Q '° '~ " z ~ ~. " aZQ ~ ¢ o ~ Q ~ c ~ C] ~ ~ ~~3•~0~ O ~ . ~ ~." •--~ O 00 C C ~ ~ ~ ~ ~ Z C/) M C/~ ~ ~ N M sr LL) ~ ~~ W d m d Q.' C O .+ C d .r~ r V Q V 7 .C a C a C O a o m E ~ ~ Y ,C ~ ~ w o ro 2 a a .di N d y Q ~ ~ y ~ O V aa~~ ~i ~ a~ o 0 0 " a ~ ~ m m ~~ Q Z > N ~ ~ O O ~ ar N ~ ~ a~ ti o ~ ~ c M g ~ j ~ O 2 ~ N ~ .y. N d F~ J F;L~ . - ryryf:1!~ $t~~!f r L1:~. k;v i 1 ~ C't ~ `'r { .~ --~; SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~-- Ronny RAnderson ~~ ~~'[ Sheriff - Jody s Smith 1010 MAR "'2 ~M «~ ~ ~ Chief Deputy Edward L Schorpp (',~I~~k~~~r'3i.1 ~~~ Solicitor ~~~-~>~l~! HSBC Bank USA, N.A. vs. James E. Stasko Case Number 2009-1342 SHERIFF'S RETURN OF SERVICE 09/30/2009 04:48 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9/30/09 at 1648 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James E. Stasko, located at, 1145 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/20/2009 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: James E. Stasko, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/30/2009 Perry County Return and now the, 27th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon James E. Stasko, the defendant, by making known unto James E. Stasko, personally, at 131 Juniata Parkway East, Newport, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Alan D. Houck, Deputy Sheriff of Perry County, Pennsylvania. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9109 02/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael Clark, on behalf of HSBC Bank, USA, N.A., as Trustee for the Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1050.52 SHERIFF COST: $1,050.52 SO ANSWERS, ~~~ ,-' ~ February 17, 2010 ;' ,BONNY R ANDERSON, SHERIFF P- y. y~, d o ~~~~ ~k. ~,~ c~ ~ ~v ~~ b ~ ck ~ ~ y 3 ~ ,~ 5 (~ ~~ ~3~ ,, SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 PLAINTIFF vs. James E. Stasko DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1342-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1145 Lambs Gap Road, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 1675 Palm Beach Blvd. West Palm Beach, FL 33401 4. Name and address of the last recorded holder of every mortgage of record: HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3, Plaintiff 1675 Palm Beach Blvd. West Palm Beach, FL 33401 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 1145 Lambs Gap Road Mechanicsburg, PA 17050 Internal Revenue Service Federal Estate Tax Chief Examination Division Group 1820 P.O. Box 12040 Philadelphia, PA 19105 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Mic ael J. Cl ,Esquire 08-034270 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 08-034270 HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007- 3 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1342-CNIL PLAINTIFF vs. James E. Stasko DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James E. Stasko 1145 Lambs Gap Road Mechanicsburg, PA 17050 Your house (real estate) at: 1145 Lambs Gap Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at 10:00 am, in Cumberland County Sheriffs Office 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $243,879.11 obtained by HSBC Bank USA, N.A., as Trustee for the registered holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THI5 SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You maybe able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You maybe entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the. sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIIZ DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-034270 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY D.P. RAFFENSPERGER, REGISTERED SURVEYOR, DATED MAY 25, 1964, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE WEST SIDE OF A PUBLIC ROAD KNOWN AS LAMB'S GAP ROAD (STATE HIGHWAY ROUTE NO. 21051) SAID POINT BEING THE DIVISION LINE BETWEEN LOTS NOS. 9 AND 10 AON THE HEREINAFTER MENTIONED PLAN OF LOTS SAID POINT ALSO BEING 230.45 FEET NORTH OF GLENWOOD STREET; THENCE ALONG SAID DIVISION LINE BETWEEN LOTS NOS. 9 AND 10 ON SAID PLAN, SOUTH 67 DEGREES WEST, A DISTANCE OF ONE HUNDRED SIXTY-SIX AND NINETY-SEVEN ONE HUNDREDTHS (166.97) FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 9, 14 AND 15 ON SAID PLAN; NORTH 23 DEGREES WEST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 8 AND 9 ON SAID PLAN, NORTH 67 DEGREES EAST, A DISTANCE OF ONE HUNDRED SEVENTY-FOUR AND FIFTY-TWO ONE HUNDREDTHS (174.52) FEET TO A POINT OF THE PUBLIC ROAD AFORESAID (STATE HIGHWAY ROUTE NO. 21051); THENCE ALONG SAID ROAD, SOUTH 19 DEGREES 24 MINUTES EAST, A DISTANCE OF ONE HUNDRED TWENTY AND TWENTY-FOUR ONE-HUNDREDTHS (120.24) FEET TO THE PLACE OF BEGINNING. BEING ALL OF LOT NO. 9 IIV THE PLAN OF LOTS KNOWN AS GLENNWOOK FARM _.. ESTATES WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF - __ DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 10, PAGE 3. BEING the same premises which Don H. Funt, single man and Joseph M. Johnson, single man, by Deed dated September 15, 1994 and recorded in the Cumberland County Recorder of Deeds Office on September 21, 1994 in Deed Book 112, Page 116, granted and conveyed unto James E. Stasko and Mary Anne 5tasko, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMIVION\jVEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1342 Civil CIV [L ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, N.A., as Trustee for the registered holders of RENAISSANCE EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3, Plaintiff (s) From JAMES E. STASKO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $243,879.11 L.L. $.50 Interest from 6/02/09 to 12/09/09 - $11,791.96 Atty's Comm % Due Prothy $2.00 Atty Paid $208.80 Other Costs Plaintiff Paid Date: 6/03/09 urtis R. Lon ro o tar (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 dMf~Cr~t~t ~~' a~9 Supreme Court ID No. 202929 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 1145 Lambs Gap Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: Real Estate Coordinator n nV <~,- ~ ~ ~ ~ . V ~1~ _- `r ry~ ~~~ ^\ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ r ~~ Lisa arie Co ,Editor SWORN TO AND SU SCRIBED before me this 6 day of November, 2009 Notary NOTARIAL. SEAL DEBORAH A COLLINS Notary Fublic CARLISLE BORO, CUNIBERIAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2009-1342 Civil HSBC Bank USA, N.A. as Trustee for the Registered Holders of Renaissance Equity Loan Asset- Backed Certicates, Series 2007-3 vs. James E. Stasko Atty: Michael J. Clark ALL THAT CERTAIN piece or paz- cel of land situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D. P. Raffensperger, Registered Surveyor, dated May 25, 1964, as follows to wit: BEGINNING at a point on the west side of a public road known as Lamb's Gap Road (State Highway Route No. 21051) said point being the division line between Lots Nos. 9 and 10 aon the hereinafter mentioned plan of lots said point also being 230.45 feet north of Glenwood Street; Thence along said division line between Lots Nos. 9 and 10 on said plan, South 67 degrees West, a distance of one hundred sixty-six and ninety-seven one hundredths (166.97) feet to a point; Thence along the division line between Lots Nos. 9, 14 and 15 on said plan; North 23 degrees West, a distance of one hundred twenty (120) feet to a point; Thence along the divi- sion line between Lots Nos. 8 and 9 on said plan, North 67 degrees East, a distance of one hundred seventy- four and fifty-two one hundredths (174.52) feet to a point of the public road aforesaid (State Highway Route No. 21051); Thence along said road, South 19 degrees 24 minutes East, a distance of one hundred t-~-enty and twenty-four one-hundredths (120.24) feet to the place of BEGINNING. BEING all of Lot No. 9 in the plan of lots known as Glennwook Farm Es- tates which said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 10, Page 3. BEING the same premises which Don H. Font, single man and Joseph M. Johnson, single man, by Deed dat- ed September 15, 1994 and recorded in the Cumberland County Recorder of Deeds Office on September 21, 1994 in Deed Book 112, Page 116, granted and conveyed unto James E. Stasko and Mazy Anne Stasko, husband and wife. The PatriottNews Co. 81 Z Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~e~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11 /O6/09 1- ,, Sworn to a subscribed before me_ this 6 d f ovember, 2009 A. D. i ~ ~ ~, ,~ 1 ~ ~-~,_-____ Notary Public COMMONWEALTH OF= PENNSYLVANIA Notarial Seal Sherrie L Kisser, Notary Public City ~ Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member. ~'rwnR~:yi~:erg,., a,~a•~~ia~~on of r+lotaries Writ No. ZOOM-il~~2 Ci~HHThin. H8®C t3tink ~ N.A: es, TFustM #ar tl!w fwd Howe of R.nehfWnrsrfa t~squlty L~-Bycksd G, rtlcebs, ~° `Sbrl~ 2007.3' Vs Jattf~s 6. Sllesko l1tly,: ~II[IChtd J. Clark ALL THl4T'CERTAIN PIECE OR PARCEL OF LAND-:.SITUATE AI .THB TOWNSHIP OF HAMPbEN; COUNTY OF CUMBI~RLAND, AND.,', STATE OF PENNSYLVANIA, BOUNDER . ANb 'DESCRIBED' IN ACCORDANCE A SURVEY AND PLAN THP~F .MADE BY D.P. RAPFENSPERt~ER, REGISTERED SURVEYOR, DATED MAY 25, 1964) AS FOLLOWS TO WIT:. BEOINNINO AT A POBi'1~ ON TAE. WEST SIDE OF A PUBLIC; ROi~D KNOWN AS LAMB'S OAP ROAD jSTATE HIGHWAY ROUTE N0. 21051) SAID POIlVT BEING THE DMSIONLIIVE $ETr~+t LOTS NOS: 9 AND 10 AON.-THE HEREINAFTER MENTIONPD PLAN' OF LOTS SAID POINT ALSO BEING• 23P45 FEET' NORTH: OF GLEIVWOOD STREET; THENCE ALONG SAID DMSION LME BETWEEN LOTS "NOS. 9 AND i0 ON SAID PLAN, SOUTH 67 DEGREE9 WEST, A .DISTANCE OF-ONE HUNDRED SIXTY-SIIC: ANU NIIVETK .SEVEN ONE HUNDREDTHS (166.97) FEET TO A -POINT; THENCE ALONG THE DMSION LINE BETWEEN LOTS NOS. 9;`14 'AND IS ON SAID PLAN; .NORTH 23 DEGREES WEST; A DISTANCE OF ONE HUNDRED TWENTY. (120) 'FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN I,04°S`1~OS. 8 AND 9 ON SAID PtyAN. NpRTpI 67 DBGREBS ,EAST, A DISTANCE, OF ONE HUNDREIS 5EYBNTY FOUR AN1D ` FIF~I'Y=TWO. -0NE HUNDREDTHS (174S2I FEET TO A PPQQIN1' OF THE .PUBLIC ROAD AFORESAID (STATE HIGHWAY. RQUTB NO. 21051); THENCE ALONG SAiD'ROAD, SOUTH 19 DEGREES 24'MINII'fES EAST, A DISTANCE OF ONE `HUNDRED TWENTY. ''AND TWENTY~FOUR ONE-1iUN1}REDTHS (120;24) '..FEET TO THE PLACE. OF BEGIlVNING. BEING ALI<QF LOT`N0::4IN THE PLAN OP LOTS KNtlt~4 A5 GLElQNW00K FARM ESTATES 1 .WINCH . SAID ,PLAN I5 RECORDED IN THE :OFFICE OF THE RECORDER OF DIIEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLYANiA,1N PLAN BOOK 10, PAGE 3 `BEING du,same pcemiaes which Doa H. Furst, single man, and Joaepp 141. ;John, single man, by I~ dated September 15,1994 and recorded in >ti ~omberland Coun{y Recur pf Deeds Office oo Septemher~21, 1994 in Deed $ook 112. Page. llt% gta.lod oed coovtyed ,muo 1>mss E. Stadw ,md Muy Anne .Starito, ~bantdaed~wife. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffls Deed in which RENAISSANCE EQUITY LOAN ASSET-BACKED CERT SERIES 2007- 3 TR is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 3RD day of JUNE, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1342, at the suit of RENAISSANCE EQUITY LOAN ASSET-BACKED CERT SERIES 2007-3 TR against JAMES E STASKO is duly recorded as Instrument Number 201005275. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of A.D. O ~,O ~ ``, ;C~ - ` Ij~ecorder of Deeds ~i/ ~.' taeoorrfer d Deeds, Oou~jr, C~rlate, P11 MY C.orrrr~siorr the Bret Madq d Jen.2014