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HomeMy WebLinkAbout09-1932SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER 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 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Securities CIVIL DIVISION Corporation Mortgage Pass-Through CUMBERLAND COUNTY Certificates, Series 2007-GEL2 ; PLAINTIFF NO: OQ - 1 Q3 VS. ' Donald M. Wiley ; 1709 Charles Street New Cumberland, PA 17070 Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE ?cvc vz^l 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 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. 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 PEDIIHI EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER 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 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: VS. Donald M. Wiley 1709 Charles Street New Cumberland, PA 17070 Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2, 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: Ameriquest Mortgage Company Mortgagor(s): Donald M. Wiley and Paula W. Wiley (b) Date of Mortgage: October 23, 1999 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1579, Page 281 Date: October 29, 1999 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(8). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Ameriquest Mortgage Company f/k/a Long Beach Mortgage Company Assignee: First Union National Bank, as Trustee Date of Assignment: April 30, 2002 Recording Date: May 16, 2002 Book: 687 Page: 1310 Assignor: Wachovia Bank, N.A. f/k/a First Union National Bank, as Trustee Assignee: Lehman Capital, a division of Lehman brothers Holdings, Inc. Date of Assignment: July 17, 2006 Recording Date: July 31, 2006 Book: 729 Page: 1003 Assignor: Lehman Capital, a division of Lehman brothers Holdings, Inc. Assignee: U.S. Bank, N.A., as Trustee for the for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 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 1709 Charles Street, New Cumberland, Pa 17070 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 names and mailing addresses of the Defendants are: Donald M. Wiley, 1709 Charles Street, New Cumberland, PA 17070 Paula W. Wiley, 1709 Charles Street, New Cumberland, PA 17070 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 December 1, 2006 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 March 16, 2009: Principal Balance Due $153,121.22 Interest Currently Due and Owing at 12% From November 1, 2006 to ALL 30, 2007 $9,111.54 Interest Currently Due and Owing at 11.875% From Ma 1, 2007 to October 31, 2007 $9,166.88 Interest Currently Due and Owing at 12% From November 1, 2007 to March 16, 2009 $25,270.68 Late Charges $4,101.03 Escrow Advances $15,535.80 Appraisal Fees $1,102.00 Property Inspection $84,00 Suspense/Unapplied Balance ($1,664.00) Title Search Fees $500.00 Prior Foreclosure Fees $8,332.35 Prior Bankruptcy Fees $2,456.11 Attorney Fees & Costs of Foreclosure $5,000.00 $232,117.61 9. Interest accrues at a per diem rate of $50.34 each day after March 16, 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. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 12. 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 requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 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: OI LO109 BY: for S & D File No. 09-034870 02-19-'09 14;50 F80M- T-647 P006/047 F-014 r t G? H55y ;U . i (!ST W1101 r ' !gym, // -?w J u 4^wu .I.Sgo ?Wf? _e' PcCO.".: ?i: OF DEEDS OL'NUEZLA10 COUNTY-PA '99 OCT 29 PA 2 30 Pamd Nue>pN; Wbo tolmdod mail b: (9e? A?e.. lll.lr. sr1 Tae! g YORTOAOB COMPANY MORTGAGE SANTA ANA, CA K711-,• - La No. 134391004699 7705 MORTGIA )H (*A-o ql leateunsm-) Is Ohm as *mw 23. 1949 . Tee most W it DONALD M WIIBY fed PAULA W a716Y, RM WBM ('1301-Mr). 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' 11,. m eh apdao. dba<r watodles ail aepaa otbe ttmpwny ail m fits rma armmi1wftOft0ft woonowd4wtallatarodIlesdw %obw UWK ad ttmammr abmdta W- b -kk& q goladoa of pmemda is pdsppt tltll am saw or rwpwfodwdo toI oif}p?1ppaalIrr??raatlmtris rypylw:wtat?rd0OYmmtadmarpgmmh. tL t won ttm>•tlmm- Il,tiamsae By t+aldtr Nat • Rohms >f+tlm(w d fire dme dab pgmmt or awwwwo. atata40004dda ow- Mond tide Saeadq taaa?t titaaai tp Lsabe r Nap amaater is tteult of Bweowareiall ? ? ?tls? arts aelli?l? „aw r ?.tntteOlw tl Ntrad. [?aHerataa sat la mpatead b papeaaaR a abatis satdlQr+amldatlm of do maa aarsot bt t?N Swift b nno by now of 4 deed eats by t w a11r i loaawa< a BawatwN t aaaamaM t• hlO=& AV btbwaOnaa by l tafr to aaradded my d* or owoady *A soil be o waver of or peedmk the aaaadmdsgeld}tmoaaaadd M SOW- ad AtdPa Sm•* ]tit and 8atmal Ltamw. Owdons 1la wrooah a.d glww" or cis >teomlr bMMIM t tit/ 1W aid batadlt tlt mammas ad SEWN Of LAWN and boar. edreot r tie pmaWm of l7. Baaaaaa.1 aOaasOa 10 admmagn *AS r Jahn too WOOL Aa. ttw - who eadpa ab Son" tea an we comae to [facet llp b otYdlt 1110 ifmab tmtaaaaat alb IN Ipldt 00 ?wp sat rnlaaae9 `aaOlft 11 M4 adr els foam dd11r iiaammllll?p iaalsaR N as MMMNy MdlrtaL to pg 6e tome wodMd?ytlrltraftbNlagaNoastsap wdoLaahrasdagatlarBraaamraryaMa?awitad.No".bdsaor o town"N lwed"wlbegd0*4sonatsattwpdj1MdrsaardteNoew>btmIreBaalaarm'aae.taot. ddlbaimbb61040"sa??hand CBI N?!?r.L..lrbanammis?lnw dtn rdt Ica M MsyIM at r tr a1YmMd in Oaadim wfa on tam Naafi ttm tidy, am co or e r 0 r OS MMaWd bft of 0 w not d- ft aOBadad 5ia B at~aar wilt. ubimWjai -` M W be as ! a Bam.am, Laets aoq Taal. r ads di edad by tatdt l or or wN be tallmdate ?4 fa taW#d gym mfr >ti Nab b artlgt r dineel mow r BOOM. N a mind thou pelldp 0 on t.Wbe we M Wald ail o path! pnpgmaat wfhoa ag dwlaO?al+ewwbaNar. kbA&tbmmaAiWwtbS-wI rpoeiadbriobNSwifttabmonlr1rNMthom byMl..r=forbyaaft aqr ab alAam Sataw O ler trT- NO araamw WAV03C M ooabO d1M be dhmtal r llm tlapuly Adbw ail 4w MWb w sum Mr so albs bob ail is?b adOO I . Av whe is Luria doll be Ova by 69 dw .oat to iwoftb rssm"bdamWMumlO?amrtan.mbar wetorwlr?aa?rprrMadiotbtr bdris IMM JmYlatim ti do . 11ta lemilj b*wopw AA bo w¦waai by, hum kw and me law of at REP I 4 bread. In dt fret bat .p peon im or dmae d 16Bt b c%* bawatarp or doe Note ataelfw alb MBaiMn (Nil. aadt aaaOMt aiaa sat afbet aver psrta{eae er sN 9laaitY a,.q .. or dw Note wfihh m be dl r moss pawlefm iti da «d Mie wordtaa ail fills iavri{, tamrmam .a ua Nere eee aeiaea abowl 1i? lanaaar? Cgy. Boweaar alna be d+m a: aaolrgmea oopl' of We Nok Sad of bu 9eoedyr lstmatr.c. dRa?Ral a+ww N•e.?.+.e M.. r. f om No.13O"IM?stR/w oear1579tnt 284 02-19-'09 14;51 FROM- T-647 P010/047 F-014 17- 7%r.faf.r b. r or s swrba Lave b iese Is s ?. flap « Pw std* tie PM era w bowel lilt ett «aaaamaa aOr It mraol b b sew ar aalaafotaa wi Yaee a,?. . IN . Meerel?4an lMLpinLRaiereribr Vmvwm in " di A ewn aaawd by 161t "'?q, ? ?p A?w?a, ?v Itlr ? sot Yerudle i ?roY61M? 6?• hied iM? r of tho dale r+lsReteO?rreriMe Itle q?, Iseier iWi an- -Ilse deaedmtlm Us aw m Am pant t mod aim bs de>• rgs pp pr ?eie is M" Is w ae aeUK wmdn r6Ub ammt 0 ?r e9 erne wmW tij d& w7f L?e1e?lrMamoablerMft M-Wmatmkpdw.lmicmyb+*ssgown" wMlofl[ ?Ifa«Mnraiaseewar, d. "W IL a iiarala 1Mw- watt stets «@Mom lama a dA mare dr sW r Mn naaaa>rtt«i a?nr?t?rMnt ?s.,a??Oduel M l4 doe as mr on 00 3 dlpe (w W* oft ?edoi s !fir M1ww11o alr?eMat d 11M araaeYd b nie III d. Y Y ?aaw er r arOr uea and dr '=" •• w i a+liraa b /4swd iiioli sOte, rbdba res a.M* ay able ?. >Il?irar lwwa er iar -ea awe w PO N& Ae yseOq aeR, Unism as or avower dO m iK rr Oa. rw14 ftd ha d say i tMr. na ?1aa? t1MS 800. ?erar,Ot ` fo me ea?rwwaap, of 'r1?4 ?? ar laMdol?r'rbieaw`?r ale dae? =vibe IpaOtrjre a amt Q aaala tln Is lr dri napes of a?e?a m?y ?daeayy?ma? ` Iwraarar ml di "alr?o « drr?ar elf ?ilt? a et w?ral lLM. t mMPOW rWt? ?wr.r ,.bllYdr.ay+ DWOMP, +"a'?iwuw`rrww.?' taro' asses mw. ed bw WWI K e a J . bw ame ?aepoq k taetlra sae aailAirt7letYer rf?MM. ia?/eO?MwMMrswOa Iv&@«OisWnam! 1; lmewe'abeOOeL d art rwr?e ? .rye r rO. - a?arr4ai etrM i1gaYSati? .y amp bra lim Woe oe e?eaeR ?a?rr'r a se...m faatalaer dmdt doMe? aaear. l.ar. min,6w • M to b Ltir M* !tame to jri bs a d" Apr bs sorbs WWWd W do doft at am fm is pmddy udk wales ses.er?fadk yr ili.wdmaad .ir?? ?bamewM. ia?d[a?paoaeel?s4w ddm?as, rb?'a b rldlarp i? -Wig j? °? 0e 4°e m01P ? A. A. amiae[YidYq al sSAE w ds ?br tmre dear q, Ia l rbwC Owpgf?'r ?wL oO ?ORO1r? s a(gpmY tl?aG ?NlMrgwerraewrau..eee ?eMed L•••Ne.L7ttttO0d?imNo . ? lOtt?rJ?laliE 02-19-'09 14;51 FROM- T-647 P0111047 F-014 2d. Busrne RM. Atrwr r ap:mmt. Borrvtrpr mpea thmt the 4lteeemt nqn pfy4yN suer o tdpotnt is ankrmd on the Note or fn aq e0dnw wtmgtt?m [aeclwmn; ebtii hs tl?e tote psymble Bom tlota m dmo tmda the NoM 37. wfty to tw ftm ty Ieml m,,' It one or teats elemt w tM bmd'y Boom w and I e 1.1 togther wM tbb 9-Ift htmmamt, tho oavsmnim and spamm"I of eh mush elder ebmr ha lomrpetmtrr wa ad'w wad and ntpptso m dse wsvser.u >.r aRappm.r.m dtds aeoin+n laanaomt mm Htbs ?Gt) trrm w rant oNble Semadty imhaemmr. Out Wy*Wo boo(m)] Coodasdmiam tide 1.41 w* eider L8J citedemed hymen ttidar A-01 pw ® A4wMkJRmte Rider modweilwavyl Rider H WNW ft-w AN" Saeoad ltoms Rtdtr VA Rlder By taaRM RVAW. Bonwaer am" mod apnea to as ttsme and oovmmu emWeed b qYS Saarltf htruomeer and is eW rldwlm) acawlod by Barrows sod moorded wM it. Wimmt?: ta-) 4b www L1 - tSw, PAULA W Wq g? . hw~ Cerokote of RamMt?w 1. wAt f N4u the brme.etesis I1tK7T0w&CDUNmYRb.,Sm= t tNLIB, CA fZtEti de heroyea*drt dm ant- tddtem of Wimm aw hand dth .?3 day at o C7?I?E/t 1°144 COMMONWEALTH OF rANNSYLVANX4. CIStI?1 ANp ? On thh, the 23'± day of O Vr449 !m9 betom ue. ' P--ndty ttpirnwd 8m wrc EY a• D +'-? w. wtt,t'Y bopAt-t) In. tsnvtt to wee kr pscmows where mans t?? mhmeeDed to Ae mrhldn iwrMmmt tawl mbnomdodpl etys 91...}. exe?vted fM sages Ihr err PWOe+d awi4 ppgipP* ???? yy?yy 1N WA7481S8 WIBIDtBOF. I hommW met my hand ad ni6tlat- NMawI ?,, 'nw erotthw ?J11pA1w?eaee .na.«...,w w..,.• toss No. 13s.99d4B?j e.... a0xi s?ro 888KIMMt ..% I ' 02-19-'09 14:52 FROM- 16103 t?ly Q IDN?r T-647 P012/047 F-014 ? I 1 t q ALL lug M tva" aw one" of llod i? sa am p¦ rp f5 slaE?riv .rw wlma n fs end ?i44ti'l++? '"? dMe1rE? as [P7.1.w? a v t? SPROOM : e! CNOW& at aA& ""IN dmr?Eaa lia. ?AM??? t? .fEltE ? ?R??T M? t ?1 It • /?laa ? h1 ?? 1 faglaitj Now m M a t+aEj? of "Aft MltM)? aN ttla M 1alRo f M o! =Wtlkl?m f? "" i . glwd aal 84... eloxi579rw 287 02-19-'09 14:52 FBOM- Lu Me. im"004W ADJUSTABLE RA'Z'E RIDER Fa m fades - Bata c am 71W ADXWA= RATB =M a Made WV Zkd dwy of - OOb.e LW *Wit' ww1, -, YNw tad dM ba I I M am" Aad V" mlr as moetpse. Dad of Tom, wk-ft Dam Wft-4 b Wo Of tU tla:aa IwM 41 ?lrt ilw ad oa'Ooteowarq to wrratea •OrtWf W$ A41MEWa R M NO PA NMI) b AI QO?AbRFOAEQ oallooY dhe'LOadn') of the awes dat and wvedad the pwepw W d=mW fa Ow aeo io frbatwm aed lo=4 M: 1704 CSAMA N irOM NZW CM ta>UAJ46, PA 17070 It umv Aaawal 7111111 NOTff CONY M PROWIPM AlAgtnW FOR CS 24M q( TW IIPftff Wr IMAM AND 'PRK A60MI T 3'AI?17: 7RA NO!! IM U 7l AM=fr TM OORWWWS AR P RXM CAN OfIMMI AT ANY Ott 77ARalp7!MIMA1 V4MRA7>lE'1'J>ZaROA1**#1t=tt1'PAY. ADDMOMA4 CWRdfA1= la eddhfw b the movesota Mad samu m mde in me 8 ;wW ldoummme, B wmww. ml Leads ihwtI wvatm aM eam me foaoaa; A- W113MT RATZ AND MON7>fa.Y PATA@fP tMAfWU ibe Nora pwwvldr fet w f@M kim* fw M loin S. The Mw l wwo lhr dwsm in the 1 Wee war aad ma UANdO l !I ' M, r lbllvaa: 1. V?rM r "?X AND lN{OMMY FATNWr CHANOW 4V QuV Data 71e low" IBM [ rot m mil &up aft wen ft" dw of Nrwogr 3m ad an dug fey amy si th Al P - btvwaN No flack dalem whidt av faatwrt rata *NM ddw kv" & 'Chop Dttc.' 09 720 bdw of lpalgnd son ht ok-dm dt U.& dW r kmmdaatd bred w as fader The 7ada t' Is do a dWOdW 19 t oadm AN&S `). = h pttAMW b 7W WaU Rmw Iwwwd. 7% mm scar bden Agm ardlella w n of eti dat43 45 Aoa p boh hetma ark Cbnde Dew & cdm cm -C uweatfadew.' V the lndMt fr m 1aeN? aealtalts. twn Nas lootdwr wal dwoon a www hedww then k W d Ww aooj webb taknopbw, T1e Not Nafdv vwM aim me wgdts of dkk dWM. (C) dlodomm *t C w"m flopm ash C81ope DAM, Me Not f(olda wM ealcalw nW w:ar WNW wet by al ft Mm and Owe 60 Cyu -W 4"6 71e Nm NdAr Mal oft mftd the nrft6 ad1?Y tto(00 trorMt on"*& of onn pwomeo aww olmt limb 91M in ffMft 4M)bdorl, dh iaae I ararol will be my now ku na dwo fm on amp um, 1W NAB Aoidn will riw dompAw the wort of Ow monYO p.pptlpf do* Wahl ba atlthier so mM ? wopdd f? 11M 1 ar aapeeYd1? aete a the C1egw Drte bs IhD w thw Idmelly fNr K my new ioetaeat Mato is w:bwwoliaay Oiled rwwx"L MW nnk of dds mhahtba VAN to.the Av.. aorwA of my 0-ddy PV'?• acol1579ncc .x88 .oaa,em ENT- a IPW.>w T-647 P013/047 F-014 02-19-'09 14;52 FROM- T-647 P014/047 F-014 Law No. 13119dId "" (DI Wda on Intawt Boa Cha.gm Tie him" rue t am agweed to pay s a w am ('haepe Dua wu am b vm& tom Din % atlem that Am %- Thutd et. OW Wwm ruo wM aow be I =Acd er d=orm on e M-P Daa by oom Ims faom tie late of teu.mt have beau paylap br abe peoedYy tlx moaB. My tataaerareirWoamixyererthin rs.seo tiorpaaea 10.3p B. m affmar.Daioorclim MY oe++ hita.K mao wBl 6ooo.m sLbplra oo each ?o Due, i will pW dK aortal M aq Y6N ? M two fim em my PeY?t dote oft the Cam=e Dau uwit do am" or nv monahb (r) phtlmatChm" Tie Not fioidee wdB ddlree er maN to eeo ¦ aiptipe of aq ? b n4' i.terM rra and the aamEplt'et ? be Sk-pymt " ag .*% ad domie. dm ar aqy ci.ap. 'Ibeleliee wIB ledtda htbnblRiep 7eq.had by laN a tdsphone modw or ape as. %ft will =Nei aw grmaks 1 mq him "IN, H -the Wdee. IL ISANWM OX TIN PItOMTY OR A BB:gHC4b DrIZRW IN BORROWER. UWh m tbemmt 17 otNe Aeemity hammeaat b i mmded to Brad m fall&": Timu er of an Pewpety ae ¦ smam ai low" in Barraww. Ir al a any pact or the Propagy or a w imermt ink In oud ei omwaded rot d. bmdkld bdo mt k Beaeww loom or 1a wted and B.samr L eat p IM ud porn* wBhmr Lu dWe ploe wdWam mt, Lmder my. at ib epd n, roes 1MUwmm gig m 60 of OR WIM oeooood 1Y 1WY &O ft fie. Novewr ft 9PW 1WB sot bo amaI by Lords it eaaolat 6 pub M W by mdmd kw w.f loe yep M YW fomit! hieuemmt. IAods.ipp tdWt.ot wwAtw d& aptioa (F (? BettOWOe aYOw m tK wbtoNeri a Lords 1eRmtattee rp0yfee by LRikor a erehaia tha ieprsdod ddo ttwWWee r If • sew h.m was 6eoti mdo a tos tnaaraao; sad ro) Lends twmea64Y dutrmt.m d+et leader's ?smmby hwummr k ma H. to r end and Bu me rit or. eafm ar any eor.tat er tpammc m TO do .awed rmdoM by opplis" low, Leach aq d p a mwxw& reo m a muMon to Lmd&a NNW a Go km mtmm ' Lmm aq do aiww dto bml* e m alp m mom ymamare AN IS mpiio a IAWIC rod diet aW* w to¦ kogAm pew to koop in do promI ad apreomutr made id So Time A" in ddm> .aft tmmmL>ia smom lei comisome m to mw" mds the Iioa and mu 9ewdtY It Lords aaeeetaa dio Wl" a wquka hmordteto i9111001 a AM. LoMor &A on BMMM mtloo of aorela.doa. r- -d- doll! parWe t period or am Im Ow 70 dqo km &s dm to@ "M M 0 it --ed of mloi M1hla wNW Bmmwae WM M eB peme wo.tod by dkbSWXhy lMMMM S Baeews hft a pW doom mw pdiot m do eq mi- of this prod, Loader -Y WOO @Y ¦modtm pmdtied by dolt *muty lomm a withou fudw mdom or dwieed m Saupwa. 6Y ZOMMG BBLAW, Bmtower aoorpb and ap = to 0. entrap sad comma conidned in S1 oNAlds. _ DONALD M WN" PAULA W WILY .1r= ADS WAar2 Itkrs am= • rriaa adom ts.erm m wa wulof$ ?saew?aw urrtr . ??? . eaaifS79ida? .289 0 1 as No. 13439500-5697 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. October 23, 1999 ORANGE CA lam] 101A Istatsy 1709 CHARILES STREET NEW CUMitt$R AM, PA 17WM 1. BORROWER'S PROMISE TO PAY - In return for a loan ghat I have received. I promise to pay U.S. s 161,250.00 (we amount is caged "prwpan, pus Interest, to the order of the Lender. The Lender Is AMBRIQUEST MORTGAGE COMPANY I understand that the Lender may lancer this Note. The Lender or anyone who takes I* Note by transfer and who Is entMled to receive payments under this Note is caged the Note Holder.' 2. INTEREST Interest will be charged an unpaid principal until the full amotmt of prficfpel has been paid. I will pay Interest at a yeary, rate of 10.500 %. This Interest no I will pay may change in accordance with Seaton 4 of this Nola. The Merest rate regttred by fhb Section 2 and Section 4 of this Note is the rate I will pay both before and after any default - described In Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Irnemst by making payrrie is every Mona,. I will make my monthly peymerds on to find day of each month begkv*V on December 1, 1999 I we make theca payments every month until I have peld all of the principal and Interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to Interest babne principal. If, on Navember 1, 2029 ,1 still owe amounts under tits Note. I will pay those amounts In fug on that date. which Is raged the -Maturity Data - I will make my payments at: SOS SOUTH MAIN STREET, STE. 6000 ORANGE, CA 92868 or at a different pleas N required by the Note Holder. (B) Amount of My Initial Monthly Payn»nts Each of my InIt al monthly paymenits vMU be in the anount of U.S. $ 1,475.02 This amount may change. (C) Monthly Payment Changes Charges In my monWy payment will reflect changes In the unpaid principal of my ban and In 0te Ilbred rate to I must pay. The Note Holder will determine my new inbred rate and the changed amount of my monthly payment In accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Chanpe Dales The Interest nab 1 will pay may change on the Oral day of November 1. 2902 . and on Oat day every sixth month thereafter. Each date on which my Interest rele could cl an Is raged s -Change Data.' (B) The Index BepkWng with the first Change Data, my khtersst rate will be based an an Index. The %WW is the average of Interbank offered rates for six-month U.S. dollar-danomireted deposits N the London marlut CLIBIWI, as published in The Wall Street Journ The most recent index Oghre available as of the data 45 days before the Change Della b oared te'CwM t Index.' If at any point in time the Index Is no longer sealable. the Note Holder will choose a now Index tat is based upon comparable Information. The Note Folder will give on nxtics of fib choice. (C) Calculation of Changes Before each Change Data. the Note Holder will calculate my new Rarest rate by adding Sir and One Half percentage point(s) ( 6.500 %) to the Currant Index. The Nola Holder we then round the result of this addition to the nearest one•etgM of one parcert (0.125%). Subject to the bob staled in Section 4(D) below, this rounded amount we be my new interest rate until the next Change Dade. The Nob Holder will then debrmMe the amount of the mouthy payment that would be sufficient to repay the unpaid principal that i am expected to owe at to Change Dab In full on the Maturity Date at my new interest rate in substantially equal payments. The result of fhb alatlsilm we be the new amount of my nwMy payme?. WE HEREBY CERTIFY THIS TO BE A T`Rt_1 A??^ r s?iniMc t COPY '.)! ?R/? zo-uo,cf.hn / \/ r AMLJ%,i:- -- A ?' E' ? t ?1 w f 0 ? qan No. 13439500-SM (D) umtts on Interest Ran 1.uanges The entered rate I am required to pay at the fast Change Date will not be grater than 13.500 % or less than 10.50(11 %. Therafter, my interest rate will never be Increased or decreased on any tingle Change Dais by more than One percentage Pa(s) ( 1.000 %) from the rate d Illerso I have been paying for the preceding six months. My Interest no will never be grater then 16.500 % or lea than 10.500 %. (E) Effective Date of Changes My now interest rate will become effective on each Change Date. I will pay the atra?mt of my new monthly payment beginning on the first mordl* payment date alter the Change Dan unli the amount of my monthly payment changes again. (F) Notice of Changes The Non Holder will deliver or mail to me a notice of any changes in my inter ran and do amount of my monthly payment before the effective date of any chenge. The notice will Include ihfprmstion regnlred by low to be given me and also the title and telephone number of a person who will answer arty question I may have regarding the notice. ____?.?._ ........ ?.. sus... 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lan Charge for Overdue Payments N the Note Holder has not received the full smount of cry monthly payment by the end of Micas twlendar days after the date it is due, I will pay a late charge to the Non Holder. The amount of the charge wB be 6.000 % of my overdue psy mad of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default N I do not pay the full anxxxt d each monthly payment on the date it is due, I will be M default (C) Notice of Default N I am In dshuk, the Note Holder may send me a written notice telling me that N I do not pay the overdue amount by a certain date, the Note Holder may require me b pay Immediately the fill amount of principal which has not been paid and al the Interest that I owe on that amount. The date must be at lest 30 days after the data on which the notice Is delivered or nailed to me. ID) No Waiver by Nob Hokler Even N, at a lime when I am in default, the Nob Holder doe not regtlre me to pay Immediately In full a described above, the Note Holler will still have tiro right to do so N I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses N tine Note Helder has required me to pay Immediately In full as described above, the Note Holder will have the right to be paid beds by me ford of Its costs and expenses In enbch ids Note to the extent not prohibited by applicable law. Those expanses include, for example, reasonable attomeys'fees. a GMNG OF NOTICES Unless applicable law requires a ditlerent method, any notice that must be given to me under this Note will be given by delvering it or by meeting k by 1kd dass real b me at the Property Address above or at a dUte m address N h give the Non Holder a ratios d my different address. Any notice that mast be given to the Note Holder under this Note will be given by maigng it by ikd dens mail b the Nab Holder at ihhe address sated in Section 3(A) above oral a different address 91 am given Are of that different address. l.- OBLIGATIONS OF PERSONS UNDER THIS NOTE H more than one parson signs this Note, each person Is W and personally obligated to keep all of to pmmhm made in ttls Non, inctMirg the promise to pay the full amount owed. Any person who Is a guerarlor, surely or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligaions of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises me& In this Note. The Note Holder may enforce Its rights under this Non against each person Ihdividualy or against as of us together. This means that any one of us may be required t0 pay as of the amounts owed under this Note. 10. WAIVERS. I and arty other person who has obligations under this Note waive the rights of praenlnerl and notice of didumor. hut" mans the right to require the Note Holder 10 demand payment of amounts due. Notce of Dishonor" mans the right to require the Note Holder to give notice to other persons that amounts rice have not been paid. WE HEREBY CEP'. Y ?11S Tgj TO BE A TR!!c A•. 'FCT COPY CP 'r HE 2of3 2MIAM (an.7ea BY AMER10!JEST M"1- 11-1,1A61F COMPANY 6. LOAN CHARGES N a law, which applies to this loan and which sets maximum ban charges, le tknely Interpreted so to the in red or other loan changes collected or to be collected In cashedion with this ban exceed the permitted limits, than: (I) any such loan charge shall be reduced by fie amount necessary to reduce the charge to the permitted limit and pi) any suns already collected from me which exceeded permitted limits will be refunded b me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by makkg a direct payment to we. If a refund radices the principal, the reduction will be' a l, as a partial A • Loan No. 1343950g-St" 11. MFORM MCURBO NOTE This Note 1s a urftm Instrument with Milled variations M some Jurisdictions. In addition. to the protections given to the Note Holder under this- Nole, A Mortgage, Dead of Trust or Security Dead (the "Secutly Instrument'), dated the same as this Note. protects the Note Holder from possible losses which might result If I do not keep tie prombec that I make in this Nola. That the Security Instrument desalt>es low 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 do r, lb nd as follows: Transfer of the Property or a Beneficial Interest In Borrower. If as or any part of the Properly or sny interest in k Is sold or trartsfarrad (or if a benakW interest in Borrower is sold or transferred and Borrower is not a natural person) without the Lenders prior written consent. Lander may, at tb option. require Inarnediate payment In full of all sate sectaed by this Security Instrument. However, this option stare rat be exercised by Lender If exercise Is prohlbibd by federal low as of the date of title Security Instrument. Lender also shall not exercise Inds option ti: (a) Borrower causes to be submitted b lender Irrfomnation required by Lander to evaluate the intended transferee as If a new ban were being nerds to the I anderse; and. (b) Lender reasonable determines that Lenders security will not be Impaired by the khan assumption and that go risk of a breach of any covenard or agreement in this Security Instrument Is acceptable to Lender. To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition of Larders consent to the ban assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agrMn»nb made In the Note and In Oft Security InsMrnertt Borrower will continue to be obligated under the Note and this Security Instrurtant unless Lender raieases Borrower M writing. if Lender exercises the option to require kmrediate payment In full. Lander shall give Borrower notice of acceleration. The notice shag provide a period of not less than 30 days from to date to notice is delivered or malted within which the Borrower must pay all sums secured by this Security InnstruneM. 8 Borrower fails to pay Iwo suns prior to the exptratlon of this period, tender may invoke any remedies permitted by this Security Instrument without further notlos or demand on Borrower. 12. GOVERNING LAW PROVISION - This Note and the related Security Interest are governed by the Alternative Mortgage Transaction Parity Act of 1902, 12 USC §3802 at seq., and, to the extent not Inconsistent twowith, Federal and State law applicable to the Jurisdiction of the Property. Oral agroamente. promises or commitments to lend money, extend crsdl% or forbear Ir m enforcing repayrnwit of a debt, Including prondses to extend, modify, renew or waive such debt, m not enforceable. This wrman agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agresmard Mtwsan us regarding this Note or the Instrument which secures tits Note, must be In a signed writing to be legally enforceabhL WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (S041) 2" /J)- - - DOHA M W[LEY .t3omower PA A W .Borower (Seal) -Borrower WE HEREBY CERTIFY THIS TO BEA7RUEA'7CT COPY OF THE c?• BY: mu>Awi>i?,.wAMERt<'• ;- S7 ?A?: t' MPANY -Bonrorrer OCWEN Loan Servicing, LLC 12650 Ingenuity Drive O C W E N Orlando, Florida 32426 ?"Ac) WWW.OCWEN.COM December 31, 2008 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515124386985 Reference Code: 0812 Donald M. Wiley Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070-0000 Loan Number: 30442065 Property Address: 1709 Charles Street, New Cumberland, PA 17070-0000 PLEASE SEE THE ENCLOSED DOCUMENT E-X I-t 11LJ This communication from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. !, DACT91.12 ? ? ?'° ,x? f 4 t i ? Y - ? ? i OCWEN Loan Servicing, LLC 12650 Ingenuity Drive ' Orlando, Florida 32826 0 ?? C W W E E N N N O APPENDIX A December 31, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OCWEN.COM 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. LISTED 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: Donald M. Wiley Paula Wiley 1709 Charles Street New Cumberland, PA 17070-0000 LOAN ACCT. NO.: 30442065 ORIGINAL LENDER: AMERIQUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: OCWEN DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC 012650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM 0 C W W E N N O HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) dW 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). DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC OJ 12650 Ingenuity Drive 0 o w E M Orlando, Florida 32826 WWW.OCWEN.COM NATURE OF THE DEFAULT --The MORTGAGE debt held by the.above lender on your property located at: 1709 Charles Street, New Cumberland, PA 17070-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 25 payments in the amount of $ 1,716.79 from December 01, 2006 through December 31. 2008 DETAIL SUMMARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 40,026.40 $ 0.00 $ 2,014.75 $ 3,815.98 $ 0.00 $ 12,529.05 $ 0.00 $ 0.00 $ 58,386.18 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 $58,386.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he 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 (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 prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by avi 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 writinli by the lender and by performine 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. DACr91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. y OCWEN Loan Servicing, LLC 12650 Ingenuity Drive O; O L 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 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: 877-596-8580 Fax Number: 407-737-5693 Contact: LRC TMA TeamA 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 DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. 0 ` OCWEN Loan Servicing, LLC ! 12650 Ingenuity Drive O '""" C "" W E N ° Orlando, Florida 32826 December 31, 2008 WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515124386978 Reference Code: 0812 Donald M. Wiley PO Box 702 New Cumberland, PA 17070-1157 Loan Number: 30442065 Property Address: 1709 Charles Street, New Cumberland, PA 17070-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC ! 12650 Ingenuity Drive O C W E N Orlando, Florida 32826 WWW.OCWEN.COM APPENDIX A December 31, 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 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): Donald M. Wiley PROPERTY ADDRESS: 1709 Charles Street New Cumberland, PA 17070-0000 LOAN ACCT. NO.: 30442065 ORIGINAL LENDER: AMERIQUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: OCWEN DACf91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. a i OCWEN Loan Servicing, LLC 12650 Ingenuity Drive 0 C W E N Orlando, Florida 32826 O C WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT 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. ORARY STAY OF FORECLOSURE -Under the Act you are entitled to a temporarvstay of foreclosu? i-,g;ge for thirty (30) days from the date of this Notice During that time you must arrange and attend a " ?? ?__?'-- --.Sat ___ -! a- ----------- ----??- --------•?--- - ---- -- ,. , .. - - •- -- •• ----- - ---- CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAIN 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 propely 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). DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. io OCWEN Loan Servicing, LLC 12650 Ingenuity Drive O C W E N Orlando, Florida 32826 WWW.OCWEN.COM ` HOW TO CURE YOUR MORTGAGE DEFAULT ring it up ate). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1709 Charles Street, New Cumberland, PA 17070-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 25 payments in the amount of $ 1,716.79 from December 01. 2006 through December 31. 2008 Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 40,026.40 $ 0.00 $ 2,014.75 $ 3,815.98 $ 0.00 $ 12,529.05 $ 0.00 $ 0.00 $ 58,386.18 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 $58,386.18, 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 (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 prevent the sate at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then pa 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 SheriW-&-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. DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC 012650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM O C W E N N 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 33416-4737 Phone Number: 877-596-8580 Fax Number: 407-737-5693 Contact: LRC TMA TeamA 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 7i, 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. 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 DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. j OCWEN Loan Servicing, LLC 12650 Ingenuity Drive `"' """ ? ? O C W E N Orlando, Florida 32826 December 31, 2008 WWW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515124386992 Reference Code: 0812 Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070-1157 Loan Number: 30442065 Property Address: 1709 Charles Street, New Cumberland, PA 17070-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. i OCWEN Loan Servicing, LLC j 12650 Ingenuity Drive 0 ° C W E N Orlando, Florida 32826 WWW.OCWEN.COM APPENDIX A December 31, 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 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): Paula W. Wiley PROPERTY ADDRESS: 1709 Charles Street New Cumberland, PA 17070-0000 LOAN ACCT. NO.: 30442065 ORIGINAL LENDER: AMERIQUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: OCWEN DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. 91 j E} OCWEN Loan Servicing, LLC 12650 Ingenuity Drive O C W E N WWW.OCWEN.COM Orlando, Florida 32826 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. TE MPO RARY STAY OF FORE CLOSURE -Under the A ct. you are entitled to a tem porary stay of foreclosui you r mo rtgage for thirty (30) day s from the date of this Not ice During that time you mu st arrange and attend a " to fa ce" meeting with one of the consumer credit counselin g agencies listed at the end o f this Notice THIS MEET MU ST O CCUR WITHIN THE NEXT (,30) DAYS IF YO U DO NOT APPLY FOR EMERGENCY MORTG ASS ISTA NCE.. YOU MUST B RING YOUR MORTGA GE UP TO DATE. THE PART OF THIS NOI d' AT 7 VT %111[7l%[il Tn A-TTDT. V9'% TM MnnTCA CC TIV11 AIT 11 TII VVI1i AINC UnW Tn AIRING Vn11T1D MnOTG 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 811 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). DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC 12650 Ingenuity Drive i._........_..__a O C W E N Orlando, Florida 32826 WWW.OCWEN.COM NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1709 Charles Street, New Cumberland, PA 17070-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 25 payments in the amount of $ 1,716.79 from December 01, 2006 through December 31, 2008 DETAIL SUMMARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 40,026.40 $ 0.00 $ 2,014.75 $ 3,815.98 $ 0.00 $ 12,529.05 $ 0.00 $ 0.00 $ 58,386.18 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 $58,386.18, 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 (30) DAY period. you will not be required to paw 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 Sheriff's Sale You may do so by awing 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 Sheriffs Sale as specified in writing by the fender 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. DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. o„ i .y 0* OCWEN Loan Servicing, LLC 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 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: 877-596-8580 Fax Number: 407-737-5693 Contact: LRC TMA TeamA 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. 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 DACT91.12 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Second Amended Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: 41i on, Esquire Afor Plaintiff Dated: ?JC')Lel(q 9 .. G? _ -r+ -TI Sheriffs Office of Cumberland County Thomas Kline ?g ?,tr ct clorn6rr? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OF ICE CF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/31/2009 08:05 PM - Steven Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 3( 2009 at 2005 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Occupant, by making known unto Donald M. Wiley, adult in charge, at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania, 17070, its contents and at the sam time handing to him personally the said true and correct copy of the same. 03/31/2009 Steven Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2009 at 2005 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within name, defendant, to wit: Donald M. Wiley, by making known unto Donald M. Wiley, personally, at 1709 Charles Street, New Cumberland, ',Cumberland County, Pennsylvania, 17070, its contents and at the same time handing to him personally the said true and correct copy of the same. 03/31/2009 Steven Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2009 at 2005 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within name, defendant, to wit: Paula W Wiley, by making known unto Donadl M. Wiley, husband of defendant, at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania, 17070, its contents and at the sarrw time handing to him personally the said true and correct copy of the same. SHERIFF COST: $75.30 SO ANSWERS, April 02, 2009 R THOMAS KLINE, SHERIFF AK- ez'_ Deputy Sheriff Docket No. 2009-1932 US Bank National Assoc. v Don4ld & Paula Wiley N C --? ._:_ X77 rt1 ? _ M .r., - (-n 01 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook@dcdlaw.net Attorney for Defendants U.S. BANK, N.A., as Trustee for : IN THE COURT OF COMMON PLEAS the registered holders of Structured : CUMBERLAND COUNTY PENNSYLVANIA Corporation Mortgage Pass-Through : Certificates, Series 2007-GEL2, Plaintiff : No.: 09-1932 - Civil Term V. DONALD M. WILEY and PAULAW. WILEY, Defendants To: U.S. Bank, N.A., Trustee c/o Ilana Zion, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 You are hereby notified to file a written response to the enclosed New Matter & Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. APr;1 010, acm Bryan W. Shook, Esquire Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook&dcdlaw.net Attorney for Defendants U.S. BANK, N.A., as Trustee for : IN THE COURT OF COMMON PLEAS the registered holders of Structured : CUMBERLAND COUNTY PENNSYLVANIA Corporation Mortgage Pass-Through : Certificates, Series 2007-GEL2, Plaintiff No.: 09-1932 - Civil Term V. DONALD M. WILEY and PAULAW. WILEY, Defendants DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Michael D. Betz, Sr., by and through his attorneys, the Law Office of Darrell C. Dethlefs, by Bryan W. Shook, Esquire who responds to Plaintiffs Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that on or about October 29, 1999 a mortgage dated October 23, 1999 between Defendants and Ameriquest Mortgage Company f/k/a Long Beach Mortgage Company was filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 1579, Page 281. It is further admitted that two assignments effecting this obligation were executed and recorded. Defendants are without knowledge, after reasonable investigation, to gauge the truth and veracity of the supposed assignment from Lehman Capital, a division of Lehman brothers Holdings, Inc. to U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2. Therefore, Defendants are without sufficient knowledge and/or information as to whether Plaintiff is now the legal owner of owner of the mortgage or whether the referenced assignment is actually in the process of being formalized. 2. The averments in Paragraph 2 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further response, please refer to Defendants' response to Paragraph 1 of Plaintiffs Complaint. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is specifically denied that the mortgage is in default because monthly installment payments of principal and interest upon said mortgage due December 1, 2006 and every month thereafter are due and unpaid. By way of further response, Defendants contend that the mortgage is current and that payments have been made pursuant to the arrangements between Plaintiff and Ocwen Loan Servicing, LLC. A copy of a November 16, 2006 forbearance agreement between Defendants and Ocwen Loan Servicing, LLC is attached here to, made part here of and marked as Defendants' Exhibit "A." 8. The averments in Paragraph 8 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further response, Defendants believe that many of the costs, charges and fees listed in their itemization of amounts due are inflated because of the actions of Plaintiffs such as mailing multiple copies of default notices to Defendants, despite Defendants written challenge of each letter. A total of thirty notices were sent to Plaintiffs. 9. The averments in Paragraph 9 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 10. The averments in Paragraph 10 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 11. Admitted. WHEREFORE, Defendants, Donald M. Wiley and Paula W. Wiley, demand judgment in thier favor and against Plaintiff plus costs and attorney's fees for having to defend this matter. NEW MATTER 12. Defendant, Michael D. Betz, Sr., incorporates and makes part of this Count paragraphs 1 through 11 of this document as if fully set forth. 13. The allegations in Plaintiff's Complaint are barred by doctrine of laches. 14. The allegations in Plaintiff's Complaint are barred by the doctrine of res judicata. 15. The allegations in Plaintiff's Complaint are barred by the doctrine of estoppel. 16. The allegations in Plaintiffs Complaint are barred by the doctrine of waiver. 17. Defendant is current with the terms of the terms of the aforementioned forebearance agreement and arrangement with Ocwen Loan Servicing, LLC. 18. Pursuant to the terms of the aforementioned repayment agreement, Plaintiff is barred from bringing the instant mortgage foreclosure by reason that Defendant is currently and has been continually current with the terms of the aforementioned repayment agreement. 19. By reason Defendant's status with regards to the repayment agreement and terms of the aforementioned repayment agreement, Plaintiffs action in mortgage foreclosure is barred and improper. 20. By reason that this loan's former service, Ocwen Loan Servicing, LLC, entered into the aforementioned repayment agreement with Defendant, Plaintiff is subsequently barred from asserting that the same is invalid or does not exist. 21. By reason that this loan's former servicer, Ocwen Loan Servicing, LLC, and Plaintiff have both accepted payments pursuant to the aforementioned repayment agreement, Defendant is estopped from attempting to circumvent the agreement by way of the instant action in mortgage foreclosure. WHEREFORE, the Defendants demand judgment in their favor and against Plaintiff, with costs, attorney's fees and any other relief the Court deems just. Date: Apr:I aO, aoo' Respectfully Submitted: Bryan . Shook, squire ID# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant To=7179752309 From:OCWEN Fax:OCWEN LTOPCALL at:NOV-16-2006-16:44 Doc=145 Page:002 OCWEN LOAN SERVICING LLC FORBEARANCE AGREEMENT 11/16/2006 Donald M Wiley Paula W Wiley {.. 1709 Charles Street 1 ? New Cumberland, PA 17070 Re: Loan#: 30442065 Property Address: 1709 Charles Street, New Cumberland, PA 17070 Customer(s): Donald M Wiley Paula W Wiley The Borrower(s), Donald NI VV jey and Paula W Wiley (`Borrower") and Ocwen Loan Servicing LLC ("Ocwen") acknowledge and agree as follows: ACKNOWLEDGMENTS A. On 10/23/1999 Borrower executed a promissory note (the "Note") in the amount of $161,250.00. The Note evidences a Loan (the "Loan") to Borrower in the amount of the Note. B. In order to secure obligations under the Note, Borrower executed a Mortgage/Deed of Trust (the "Mortgage"), which encumbers the property at the address referenced above (the "Property"). C. Borrower has defaulted on the Note and the Mortgage. As of 12/31/2006, the amount due under the terms of the Note is $74,142.19 ("Default"), and the current contractual due date is 10/1 /2003. D. Borrower has requested Ocwen and Ocwen has agreed to temporarily forbear enforcement of its rights under the Note and the Mortgage pursuant to the terms of this Forbearance Agreement (the "Agreement"). E. The purpose of this Agreement is to enable Borrower to reduce the delinquency on the Borrower's obligations under the terms of the Note and Mortgage. F. In consideration of the mutual benefits derived from the Agreement and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Borrower and Ocwen agree as follows: AGREEMENTS 1. RECITALS The above Acknowledgments are true and correct and are incorporated herein by reference. 2. PAYMENTS Borrower shall make payments to Ocwen as detailed in this section of the Agreement. All payments must be made payable to Ocwen Loan Servicing LLC and must clearly reference the Loan Number above. A. DOWN PAYMENT 1. A down payment in the amount of $3,000.00 shall be made. 2. Ocwen must receive the down payment on or before 5:00pm EST on 11/22/2006. 3. The down payment must be in certified funds, via money order payable to Ocwen Loan Servicing LLC. 4. Borrower must send the payment by one of the following methods: J Loan#: 30442065 Borrower Initials : 11/16/06:4:41 PM Pagel 7"? 1 To:7179752309 From:OCWEN Fax:OCWEN LTOPCALL at:NOV-16-2006-16:44 Doc:145 Page:003 OVERNIGHT DELIVERY OCWEN LOAN SERVICING LLC 12650 INGENUITY DRIVE ORLANDO FL 32826 MONEYGRAM RECEIVER CODE: 3237 PAYABLE TO: OCWEN LOAN SERVICING LLC CITY: ORLANDO STATE: FLORIDA REFERENCE: YOUR LOAN NUMBER BANK WIRE WIRE TO: OCWEN FINANCIAL CORPORATION ABA#: 113000609 ACCOUNT NUMBER: 00113339999 BANK: JPMORGAN CHASE BANK, NA REFERENCE: YOUR LOAN NUMBER B. INCREASED MONTHLY PAYMENTS 1. Beginning on 1 /1 /2007 and continuing on the 1 st day of each and every month through (and including) 11/1/2007 (the "Termination Date") increased monthly payments in the amount of $2,764.19 shall be made. 2. The monthly payAent shall include the normal monthly payment plus additional sums necessary to reduce the amount of the delinquency under the terms of the Note by the Termination Date as determined by Ocwen. 3. Borrower must send all increased monthly payments to: OCWEN LOAN SERVICING LLC P.O. BOX 6440 CAROL STREAM, IL 60197-6440 C. PAYMENT RULES 1. It is the Borrower's responsibility to timely and fully make all payments required by the Agreement and to ensure that such payments are received at the places and no later than the time period specified herein. Failure to adhere to this rule will be considered a material breach of the Agreement. 2. Ocwen may reject any payment that is not in the full amount as specified in this Agreement. 2. PENDING FORECLOSURE ACTION If a foreclosure action is pending as of the date of this Agreement, then Ocwen will use its best efforts to put the foreclosure action on hold provided that the Borrower satisfies it obligations hereunder. OCWEN SHALL NOT BE LEGALLY REQUIRED TO STOP ANY FORECLOSURE UNLESS AND UNTIL, OCW]N HAS RECEVIED BOTH THE EXECUTED AGREEMENT AND CERTIFIED FUNDS FOR THE DOWN PAYMENT. Borrower understands that foreclosure actions put on hold are not actually dismissed. In the event of any material breach or default under the Agreement, Ocwen may resume any pending foreclosure. CONTINUING OBLIGATIONS UNDER THE NOTE AND MORTGAGE During the term of the Agreement, Borrower must continue to timely perform all Borrower's obligations under the Note and Mortgage, including but not limited to payment of taxes and insurance premiums as provided in the Note and Mortgage, and to comply with all laws that affect the Property. All of Borrower's obligations under the Note and Mortgage remain in full force and effect except as expressly modified by the Agreement. Nothing in this Agreement shall affect or impair Ocwen's rights or powers under the Note and Mortgage to recover any sum due, together with interest and costs. 4. ADDITIONAL SUMS DUE ON TERMINATION DATE On or before the Termination Date, and in order to fully reinstate the Loan, Borrower shall pay the following additional sums to Ocwen: A. Late charges that continue to accrue, as provided in the Note, until the Loan is current. B. Any sums Ocwen has advanced that the Borrower is required to reimburse under the terms of the Note and Mortgage including, but not limited to, advances for insurance, appraisals, taxes, legal and foreclosure expenses. Loan#: 30442065 Borrower Initials 11/16/06:4:41 PM Page 2 To:7179752309 From:OCWEN Fax:OCWEN LTOPCALL at:NOV-16-2006-16:44 Doc-:145 Page:004 5. CREDIT REPORTING Borrower will remain in Default during the term of the Agreement, and Ocwen will continue to report this fact to the credit reporting agencies until the Borrower is contractually current with the Loan. 6. MONTHLY STATEMENTS Borrower will continue to receive monthly statements on the Loan during the term of the Agreement; however, failure to receive a monthly statement DOES NOT relieve Borrower of any obligation under the Agreement. Should any discrepancy occur between a billing statement received by Borrower and the Agreement, the provisions of the Agreement will govern. 7. TAXES AND HAZARD INSURANCE As additional consideration for this Agreement and upon the request of Ocwen, Borrower with non-impounded accounts shall deposit with Ocwen in monthly installments an amount equal to one-twelfth (1 /12) of the estimated aggregate annual real estate taxes and/or insurance premiums on all policies of insurance required under the Note and Mortgage. If at any time and for any reason the funds deposited with Ocwen are or will be insufficient to pay such amount as may be then or subsequently due, Ocwen may notify Borrower and Borrower shall immediately deposit an amount equal to such deficiency with Ocwen. Regardless of any decrease in tax or insurance requirements, the Agreement payments will not decrease. Any such surplus shall be applied against the Loan delinquency. 8. ADJUSTABLE RATE NOTE If the terms of the Note provide that it is an adjustable rate instrument, the monthly payments due under the Agreement are subject to change based upon fluctuations in the Index rate. If there is an increase in the Index, Ocwen will increase the monthly payment required under the Agreement accordingly; however, if there is a decrease in the Index, Ocwen will not decrease the monthly payment under the Agreement and such surplus shall be applied against the Loan delinquency. 9. PREPAYMENTS If all payments past due under the terns of the Note and Mortgage are paid prior to completion of the obligations under the Agreement, the Agreement shall terminate and the monthly payments and obligations required by the original Note and Mortgage will resume. The amount of the monthly payment may be different from the original payment due to changes in escrow requirements. 10. DELINQUENCY AT TERMINATION If all payments under the terms of the Agreement have been made in a timely manner, Ocwen may, in its sole discretion, extend the Agreement for additional terms to further reduce any remaining delinquency. 11. TERMINATION CONDITIONS The Agreement will automatically terminate upon default under any term of the Agreement or discovery that the information provided by Borrower in connection with securing this Agreement was incorrect. If termination results from one of the aforementioned conditions, the Borrower will be subject to the terms of the Note and Mortgage unless otherwise agreed by the parties. If the payments are still past due at that time, Ocwen shall be entitled to commence or resume foreclosure without further notice. 12. PREVIOUS DISCHARGE IN BANKRUPTCY In the event that the underlying debt has been discharged as a result of a prior bankruptcy proceeding, Ocwen hereby acknowledges that it is not attempting to assess personal liability for the Loan to the Borrower by entering into this Agreement. In such circumstances, Ocwern's recourse in collection matters shall be limited to the collateral described in the security instrument. 13. NON WAIVER Any failure by Ocwen to insist on strict performance of any provision of this Agreement does not constitute a waiver of such provision or any other provision of this Agreement. 14. BORROWER RELEASE OF OCWEN Loan#: 30442065 Borrower Initials :u ?tvvwa) 11/16/06:4:41 I'M Page 3 1 .To:7179752309 From:OCWEN Fax:OCWEN LTOPCALL at: NOV- 16-2006-16: 44 Doc:145 Page:005 As consideration, the Borrower hereby releases Ocwen from any and all claims known or unknown that Borrower has against Ocwen, which in any way arise from or relate to the Note, the Mortgage, the Loan, or the Default. Borrower also specifically waives any right under any statute providing that a release does not extend to claims that the releasor did not know, did not have reason to know, and did not suspect to exist in his favor at the time of executing the release, which, if known by him, would materially affect his settlement with the releasee. In the event Borrower has filed any affirmative defenses and/or counterclaim to any pending foreclosure filed by Ocwen or by the holder of the Loan, Borrower does hereby withdraw same with prejudice, and does hereby specifically authorize this Agreement to be filed with the court, and waives any objections to the dismissal of such defenses or claims with prejudice. 15. ENTIRE AGREEMENT There are no other agreements between Ocwen and Borrower other than the express agreements contained in the Agreement, the Note and the Mortgage. The Agreement supercedes all negotiations and other agreements between Ocwen and Borrower other than those set forth in the Note and the Mortgage. 16. AAIENDN ENT The Agreement can only be amended in writing signed by the parties hereto or their authorized representatives. Borrower waives any right $o assert at any time that Ocwen orally agreed to amend the terms of the Agreement in return for payment of any sum or other act by Borrower. 17. ATTORNEY FEES AND COSTS Borrower shall, upon demand, promptly repay Ocwen any reasonable and necessary attorney fees and costs incurred by Ocwen to enforce its rights under the Agreement or to defend against any claim of any kind arising from or related to the Agreement. Any such fees and costs shall become an additional obligation under the Note and Mortgage. Loan#: 30442065 Borrower Initials : U ???((?IL 11 /16/06:4:41 PM Page 4 To: 7179752309 From:OCWEN Fax_OCWEN LTOPCALL at:N0V-16-2006-16:44 Doc_145 Page:006 18. SIGNATURES: By signing below, Borrower acknowledges that Borrower has had sufficient time to read, review and consider the terns of the Agreement. In addition, Borrower has been given reasonable opportunity to consult with counsel regarding the terms of this Agreement before signing below. Borrower: Donald M Wiley Borrower: Paula W Wiley Signature Date STATE O' h$ ???n L f 1 COUNTY OF _"kr1rL&A was executed or has (have) produced Signature ate / befo Notary Public Sig1 ire - Commission Expires: SEAL me this 2;1-"day of f? embxl', ao0 6y . ?s4_ who is (are) personally known to nle as identification. Ocwen Loan Servicing LLC: Signature and Title Date COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michael J. Pykosh, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Mar. 27, 2010 Member, Pennsylvania Association of Notaries Loan#: 30442065 r J? 11 /16/06:4:41 P1v1 Borrower Initials : Page 5 VERIFICATION I, Donald M. Wiley, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: April 1-0, 2009 Donald M. Wiley VERIFICATION I, Paula W. Wiley, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: April 2009 Paula W. Wiley Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook(aWdlaw.net Attorney for Defendants U.S. BANK, N.A., as Trustee for : IN THE COURT OF COMMON PLEAS the registered holders of Structured : CUMBERLAND COUNTY PENNSYLVANIA Corporation Mortgage Pass-Through : Certificates, Series 2007-GEL2, Plaintiff No.: 09-1932 - Civil Term V. DONALD M. WILEY and PAULA W WILEY, Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer & New Matter, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: U.S. Bank, N.A., Trustee c/o Ilana Zion, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Respectfully Submitted, Dated: oa D -loo f Bryan . Shook, Esquire CF THrE- 2 609 AF, R 2I j"', Ii 11: 58 ? ilJ i ".1 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. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1932 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: I&W ky\ Ilana Zion, Esquire Attorneys for Plaintiff r .r- U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 v. Donald M. Wiley and Paula W. Wiley VERIFICATION The undersigned is Manager Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 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, 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 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 : e-Z aXame: vin M. Jackson Title: Manager Company: U.S. Bank, N.A 09-034870 F1?4 r-' 00 2009 APR 27 P, 13: ;' r-' v rrl, 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. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS PLAINTIFF'S REPLY TO DEFENDANTS, DONALD M. WILEY AND PAULA W. WILEY'S NEW MATTER Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2, by and through its attorneys, Shapiro & DeNardo, LLC, and hereby replies to Defendants, Donald M. Wiley and Paula W. Wiley's New Matter in accordance with the numbered paragraphs as follows: 12. No response is needed as no allegation is set forth. 13-16. Denied as a conclusion of law to which no response is required. 17. Denied that Plaintiff is current on their mortgage. To the contrary, mortgage is in default because the monthly installments of principal and interest and other charges as stated in Plaintiff's complaint, the allegations of which are incorporated herein by reference all as authorized by the Mortgage, are due for December 1, 2006 and have not been paid 18. Denied as a conclusion of law to which no response is required. 19. Denied as a conclusion of law to which no response is required. 20. Denied as a conclusion of law to which no response is required. 21. Denied as a conclusion of law to which no response is required. WHEREFORE, the Plaintiff respectfully requests that the New Matter be dismissed. SHAPIRO & DENARDO, LLC BY: xlwm- ;;?? Ilana Zion, Esquir Attorney for Plain 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. 09-034870 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Securities CUMBERLAND COUNTY Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 NO: 09-1932 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS VERIFICATION Ilana Zion, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiffs verification could not be obtained with the time necessary to file this pleading, and that the statements made in the foregoing PLAINTIFF'S REPLY TO DEFENDANTS'S NEW MATTER are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ` S 0 SHAPIRO & DENARDO, LLC BY: J?w ?L- , '_' Ilana Zion, Es e Attorney for P tiff 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. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, counsel for Plaintiff, hereby certify that on -C? 'a ? , a true and correct copy of the attached Plaintiffs Reply to Defendants, Donald M. Wiley and Paula W. Wiley's New Matter was served by mailing same by regular mail, postage pre-paid, to: Bryan W. Shook, Esquire 2132 Market Street Camp Hill, PA 17011 SHAPIRO & DENARDO, LLC BY: 09-034870 uma 4?-- Ilana Zion, Esquir Attorney for Plain ff FTL ED-C .-ij 'iCE OF THE pc ;,1-""- ? ARY 2009 MAY 1 1 Ate 10: 11 6 '" 17Y n ?l. FE6 2 5 ~~ ~ U.S. BANK, N.A., as Trustee for the registered holders of Structured Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2, Plaintiff V. DONALD M. WILEY and PAULA W. WILEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA N _ ~ ~ a i_" _ ~ -n -a r,{., a » i--- r . Lr No.: 09-1932 -Civil Term Y `~" .. _~~, C~ .,~ ORDER ~ i AND NOW, this ~ ~ day of l , 2010, upon consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants the Withdrawal of the Appearance of The Dethlefs-Pykosh Law Group, LLC, on behalf of Defendants. FURTHER, the Defendants are directed to retain alternative counsel and/or file a response to Plaintiff's pending Motion for Summary Judgment within thirty (30) days of the date of this Order. Y RT: J. Distribution Legend: ~ Christopher A. DeNardo, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 ./Bryan W. Shook, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 onald & Paula Wiley 1709 Charles Street New Cumberland, PA 17070 n L"C~ t ~S /'YL~t P 3f~fco PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------------------------------------------------------------------------------------------- ~ ns CAPTION OF CASE ° (entire tion mustt/~ s d ' f ° U. S. Bank, N.A., as ~~ustee fb~ ~ ~e~~stered holders of Structured Asset ¢nrit~s Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 _ ~ r'' '=`._ to '~ Donald M. Wiley and Paula W. Wiley `_. w No. n9-192 ,Civil -~`erm~y`~-,-, 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to com taint PlaiPntif:~~s)~Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Christopher A. DeNardo, Esq., 3600 Horizon Dr., Ste. 150 -i -o t~~ J ~ ~` (Name and Address) Kine of Prussia, PA 19406 (b) for defendants: Bryan W. Shook, Esquire, 2132 Market Street am,p H;11, PA 17(111 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: ~ I 1~ l ~ 0 Signature Print your name Christopher A. DeNardo, Esq. Plaintiff Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 v. Donald M. Wiley and Paula W. Wiley DEFENDANTS CERTIFICATE OF SERVICE J' I, Christopher A. DeNardo, Esquire, Counsel for Plaintiff, hereby certify that on / ~ $ ~ O , a true and correct copy of the attached Praecipe for Listing Case for Argument was served by mailed same by regular mail, postage prepaid, to: Bryan W. Shook, Esquire 2132 Market Street Camp Hill, PA 17011 SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire -OFFICE E P 0TH0N0TA iR "f SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF AUG 29 AM 9: 57 ?'UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 VS. Donald M. Wiley and Paula W. Wiley DEFENDANT(S) PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS The Plaintiff, by and through its attorneys, Shapiro & DeNardo, LLC, hereby moves this Honorable Court to compel sufficient answers to Plaintiff's Interrogatories and to compel sufficient answers and production of documents which are responsive to Plaintiff's Interrogatories and Request for the Production of Documents, pursuant to Pa.R.C.P. No. 4006(a)(2) and 4009. 1, et seq. In support thereof, Plaintiff avers as follows: RELEVANT PROCEDURAL AND FACTUAL HISTORY The Plaintiff filed a Complaint in mortgage foreclosure against the Defendants, Donald M. Wiley and Paula W. Wiley, on March 27, 2009 for their failure to make the monthly installments of principal and interest and other charges due under the terms of a Mortgage. 2. The Defendants filed an Answer with New Matter on April 20, 2009. Plaintiff filed a Reply to New Matter on May 11, 2009. 4. On June 25, 2009, Defendants served the Plaintiff with Interrogatories and Request for Production of Documents. Plaintiff served its responses on Defendants on September 1, 2009, after being granted an extension of time in which to respond to Defendants' Discovery requests. 6. On January 15, 2010, Plaintiff filed its Motion for Summary Judgment with the Court. 7. On or about February 24, 2010, Defendants' counsel filed a Petition for Leave to Withdraw his Appearance on behalf of the Defendants. On February 26, 2010, this Honorable Court granted Counsel's Petition to Withdrawal and directed Defendants to retain alternative counsel and/or file a response to Plaintiff's pending Motion for Summary Judgment within thirty (30) days. 8. Upon Plaintiff's request, the Court set an argument date on Plaintiff's Motion for Summary Judgment for May 12, 2010. 9. On June 1, 2010, the Honorable Edward E. Guido issued an Order denying Plaintiff's Motion for Summary Judgment as there appeared to be an issue of fact as to whether the Defendants' complied with their payment obligations. Unbeknowst to Plaintiff, on March 29, 2010, Defendants filed a Response to Plaintiff's Motion for Summary Judgment. Plaintiff was never served with Defendants response prior to the Argument on May 12, 2010. 10. Plaintiff served the Defendants with its Interrogatories, Request for Production of Documents and Request for Admissions on July 19, 2010. A true and correct copy of the Plaintiff's Interrogatories and Request for Production of Documents and Request for Admissions are attached hereto as Exhibit "A," and are made a part hereof. 11. On or about August 20, 2010, Defendants served Plaintiff with responses to Request for Admissions. A copy of Defendants' responses to Plaintiff's Request for Admissions are attached hereto as Exhibit "B," and are made apart hereof. On August 25, 2010, Plaintiff sent Defendants a letter advising that thirty (30) days had passed and that responses to Plaintiff's Interrogatories and Request for Production of Documents were now due on September 7, 2010. On September 8, 2010, Plaintiff agreed to an extension of time for Defendants to provide discovery responses until September 21, 2010. 12. Defendants served their responses on the Plaintiff on September 21, 2010. A copy of the Defendants' responses to Plaintiff's Interrogatories and Request for Production of Documents are attached hereto as Exhibit "C," and are made a part hereof. 13. Defendants' above responses are defective. Therefore, by way of letter dated October 15, 2010, Plaintiff made an attempt to resolve the issues created by the Defendants' defective discovery responses by providing the Defendants an additional ten (10) days to provide amended responses to Plaintiff's Interrogatories and Request for Production of Documents. A copy of the letter is attached hereto as Exhibit "D," and is incorporated herein by reference. 14. Defendants replied on October 25, 2010, by letter stating that they were out of town and they are working on retrieving information from their former attorney and would provide within a few days. A copy of the October 25, 2010 letter is attached hereto as Exhibit "E," and is incorporated herein by reference. 15. Plaintiff then placed Defendants' loan on a hold status from November 19, 2010 to April 19, 2011 as the loan was under review. 16. On May 19, 2011, Plaintiff sent Defendants another letter providing them with an additional ten (10) days to provide amended responses to Plaintiff's Interrogatories and Request for Production of Documents. A copy of the letter is attached hereto as Exhibit 'T," and is incorporated herein by reference. 17. On May 28, 2011, Defendants replied by letter advising that the requested information was sent to Plaintiff on November 10, 2010; however, Plaintiff has yet to receive any of this information. A copy of the letter is attached hereto as Exhibit "G," and is incorporated herein by reference. DEFENDANTS' DEFECTIVE RESPONSES TO PLAINTIFF'S DISCOVERY 18. Defendants have woefully failed to produce documents that are relevant to this action, which were specifically requested and are easily obtainable by them. Defendants' responses are general statements that "Documents are coming via mail" or "Info must be returned from prior lawyer". See Ex. " B," at T¶1-5. 19. Defendants have failed to produce any documents in violation of Pa.R.C.P. No. 4009.12. 20. Moreover, Defendants' responses to Plaintiff's Interrogatories are general, vague and non-responsive. See Ex. "C,"¶¶1-29. 21. Plaintiff's Interrogatories and Requests for Production of Documents request information pertaining to whether Defendants have factual support and contests basic information pertaining to the loan transaction, and Plaintiff seeks relevant facts regarding the allegations contained in the pleadings. 22. Defendants' Responses to Plaintiff's Request for Production of Documents and Interrogatories are severely deficient. 23. Defendants' failure to respond to Plaintiff s Interrogatories and Request for Production are for an improper purpose, such as to cause unnecessary delay or needlessly increase the cost of litigation. See Pa.R.C.P. 1023.1(1). 24. Plaintiff is entitled to have this Court compel full and complete answers pursuant to Pa.R.C.P. No. 4006(a)(2) and 4009. 1, et seq. 25. Consequently, Defendants should be compelled to fully answer Plaintiff's Interrogatories and Request for Production of Documents. WHEREFORE, the Plaintiff requests this Honorable Court grant its Motion compelling full answers; within twenty (20) days from this date pursuant to Plaintiff's instructions. Plaintiff further requests that the Defendants be ordered to answer and produce the documents requested by Plaintiff, which are under Defendants' possession, custody and/or control, within twenty (20) days therefrom; and with the failure to do so shall open the Defendants subject to sanctions upon further motion by Plaintiff. SHAPIRO & DENARDO, LLC BY: Leslie . ase, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610) 278-6800 August ?J , 2011 SHAPIRO & DENARDO, LLC ATTORNEYS AT LAW 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 Tel: (610) 278-6800, Fax: (610) 278-9980 VIA CERTIFIED AND REGULAR MAIL Return Receipt Requested July I q , 2010 Donald and Paula Wiley 1709 Charles Street New Cumberland, PA 17070 GERALD AL SHAPIRO Admitted in Illinois and Florida Only DAVID S. KREISMAN Admided in IllinoisOnly CHRISTOPHER A. DeNARDO Managing Partner DANIELLE BOYLF EBERSOLE + MICHAEL J. CLARK + LESLIE RASE Also Licensed in ?-kw Jersey RE: U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 vs. Wiley, Donald M. & Paula W. Cumberland County C.C.P. Number 09-1932 Our File No. 09-034870 Dear Donald and Paula Wiley: Enclosed please find the following: * Plaintiffs Request for Production of Documents to Defendants and Interrogatories; and Plaintiffs Request for Admissions Addressed to the Defendants. Please note that you are obligated to respond within thirty (30) days under the Pennsylvania Rules of Civil Procedure. Very truly yours, SHAPIRO & DENARDO, LLC Christopher A. DeNardo, Esquire Enclosures It h?li,4 x"A 9 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 ; PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 PLAINTIFF'S REQUESTS FOR ADMISSION ADDRESSED TO DEFENDANTS DONALD M. WILEY AND PAULA W. WILEY TO: Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 Plaintiff, by its undersigned attorney, hereby serves the within Requests for Admission upon Defendants above captioned pursuant to Pennsylvania Rule of Civil Procedure 4014(a). Each matter set forth herein after shall be deemed admitted unless you serve an answer or objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: 1. You are the same individuals who executed a Note to Ameriquest Mortgage Company on October 23, 1999 in the amount of $161,250.00. 2. You are the same individuals who executed a Mortgage to secure the above stated Note on October 23, 1999 in the amount of 161,250.00. t I 3. The above mentioned Note is secured by a Mortgage on real property situated at 1709 Charles Street, New Cumberland, PA 17070. 4. You have failed to make each and every monthly mortgage payment due and owing on the note and mortgage obligation that is the subject of this foreclosure litigation. 5. By failing to make each and every mortgage payment due and owing on the note and mortgage obligation, you are in default on your obligation under the mortgage. 6. You have not tendered sufficient funds to cure all of the delinquency owed on the note and mortgage obligation. 7. The figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate. 8. The figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. V 9. The attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 10. The escrow advances are recoverable under the terms of the Mortgage instrument. 11. The loan history attached hereto as Exhibit "A" is a true and accurate record of all payments made on the subject mortgage. 12. All payments you made were properly credited to your obligation and indicated on the loan history marked Exhibit "A". 13. Pursuant to the loan documentation, the interest rate is 10.5%. 14. You have not made all payments as required under the note and mortgage obligation as well as any and all repayment agreements you entered into with Plaintiff to bring the obligation current. 15. Pursuant to the loan documentation, late charges accrue at $98.17 per month for each month that the debt remains unpaid. SHAPIRO & DENARDO, LLC BY: e7>2'-_--? Christopher A. 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N\\\ N N N N N O\\\\\` O N H O O O O O O O O O O O O O O O O n O ry n \ \ \ U \O N \ \ \ \ \ \ \ \ m R \ \ '? ti N rv N N \ \ n n n \ \ vi \ . 0 \ o O w 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0OoO O O ............. .......... o° °o °o ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r o a P N N O w N YI .+ N m N N N N m V b ?O O O pO O ` G. .? .mEw n n n ? A b Y Y aria ?a ?a 9R?EExE?v A SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF vs. Donald M. Wiley and Paula W. Wiley DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS DONALD M. WILEY AND PAULA W. WILEY TO: Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 INSTRUCTIONS PLEASE TAKE NOTICE you are hereby requested, pursuant to Pa. R.C.P. No. 4009, to produce the following, documents, writings, drawings, graphs, charts, photographs or other compilations of data or tangible items. The above items are to be produced for the purpose of inspecting, photographing and copying at the Office of Shapiro & DeNardo, LLC, 3600 Horizon I 1_ Drive, Suite 150, King of Prussia, PA 19406, on or before 2-- 32010. Please follow these instructions and definitions in responding to these Requests for Production. Any word or term not defined in these instructions shall have its usual and customary meaning. J 1 a. When, after a thorough and reasonable investigation, it is not possible to obtain the requested document, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify where you believe the requested information may be found. b. If you assert a privilege, work product doctrine, or decline to provide a requested document based on some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. C. "Plaintiff' means U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2. For purposes of this set of Request for Production, "Defendants" means Donald M. Wiley and Paula W. Wiley, d. The pronoun "you" refers to the party or parties to whom these Requests for Production are addressed, the party's agents, representatives and, unless privileged, the party's attorney. e. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters relating or referring to, in whole or in part, the subject referred to in any Request. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason or subsequent modification by the addition or notations or other modifications, copies are no longer identical) I each non-identical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing. "Document" also refers to any data stored by computer or any computer-data storage system. f. "All documents" means every document as above defined known to you and every such document that may be located or discovered by reasonable effort. g. The terms "possession," "custody," and "control" include the joint or several possessions, custody or control not only by Defendants, but also by each and any person acting or purporting to act in concert with or on behalf of Defendants whether as an agent, employee, attorney, accountant or otherwise. h. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau or department. i. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. j. If a Request or an aspect of these Requests appears ambiguous or if Defendants need fin Cher clarification, Defendants should contact the Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. REQUESTS FOR PRODUCTION 1. The Answer and New Matter states Defendants are in a forbearance agreement concerning the mortgage that is the subject of this mortgage foreclosure action. Please provide copies of all payments (both front and back) made by Defendants since the November 16, 2006 forbearance agreement attached to the Answer and New Matter, as well as any subsequent agreements that were allegedly reached between Plaintiff and Defendants. 2. The New Matter alleges several defenses to this mortgage foreclosure action. Please provide any documentation in your possession that substantiates Defendants' allegations for these defenses. 3. Please provide all documentation supporting the denial in the Answer that the figures set forth at Paragraph 8 of the Complaint in Mortgage Foreclosure are correct and accurate. 4. Please provide copies of all notices of default Defendants received from Plaintiff. 5. Copies of all documents that are alleged to establish that the Loan History attached as Exhibit "A" to the Request for Admissions fails to provide an accurate accounting of all payments made by Defendants. 6. Copies of all documents Defendants intend to introduce at the trial of this matter. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610) 278-6800 Date: SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF vs. Donald M. Wiley and Paula W. Wiley DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 PLAINTIFF'S FIRST SET OF AND INTERROGATORIES ADDRESSED TO DEFENDANTS DONALD M. WILEY AND PAULA W. WILEY TO: Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 INSTRUCTIONS PLEASE TAKE NOTICE you are hereby required pursuant to Pa. R.C.P. Nos. 4005 and 4006 to serve upon the undersigned the original and a copy of your answers and objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service hereof. The answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow as a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the Pa. R.C.P. No. 4007.4, as amended. If between the time of filing your original answers to these Interrogatories and the time of trial in this matter, you or anyone acting on your behalf learn of the existence of discoverable facts or the identity of persons expected to be called as witnesses at trial not disclosed in your answers, or if you or an expert witness obtain information upon the basis of which you or he know that an answer was incorrect when made, or know that an answer that was correct when made is no longer true, or if you obtain or learn of additional information requested, but not supplied in your answers, then you shalt promptly furnish a supplemental answer under oath, including such information thereafter acquired, to the undersigned. Please follow the following instructions and definitions in answering this set of Interrogatories. Any word or term not defined in these instructions shall have its usual and customary meaning. a. Each of these Interrogatories shall be answered separately and completely in writing in the space provided. Use additional sheets if the room provided is not sufficient. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. b. Where knowledge or information in the possession of a party is requested, such a request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these Interrogatories are addressed. C. When, after a thorough and reasonable investigation, it is not possible to answer an Interrogatory, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been to done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the Interrogatory and the facts upon which such knowledge or belief is based. d. Where an Interrogatory does not specifically request a particular fact, but where such facts are necessary to make the answer to the Interrogatory complete or comprehensible, please include such facts as part of the answer, and the Interrogatory shall be deemed specifically to request such facts. e. If you encounter an ambiguity in answering an Interrogatory, set forth the matter deemed ambiguous and the interpretation used in answering. f. If you assert a privilege, work product doctrine, or decline to answer an Interrogatory on some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. g. "Plaintiff' means U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2. "Defendants" mean Donald M. Wiley and Paula W. Wiley. h. The pronoun "you" refers to the party or parties to whom these Interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "you refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. i. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters relating or referring to, in whole or in part, the subject referred to in any Interrogatory. If a document has been prepared in several copies or if additional copies have been s ? made and the copies are not identical (or by reason or subsequent modification by the addition or notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term includes but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing, as well as any data stored by computer or any computer-data storage system. j. "All documents" means every document as above defined known to you and every such document which may be located or discovered by reasonable effort. k. The terms "possession," "custody," or "control" include the joint or several possessions, custody or control not only by Defendants but also by each and any person acting or purporting to act in concert with or on behalf of the Defendants whether as an agent, employee, attorney, accountant or otherwise. 1. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau or department. r M. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. n. The word "identify," or words of similar import, when used in reference to: 1. a natural individual, requires you to state his or her full name, and present or last known residential address, business address, and telephone number; 2. a corporation, requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and telephone number of its principle place of business, and the address and telephone number(s) of all of its officers; 3. a business other than a corporation, requires you to state its full name or style under which its business is conducted, and any names under which it does business, its business address, its telephone number(s), and the identity of the persons who own, operate and control the business and their addresses and telephone number(s). 4. a document, requires you to state its title, its date, the names of its authors and recipients, and its present or last known location and custodian, including any documents prepared subsequent to any time period. 5. a communication, requires you, if any part of the communication was written, to identify the documents which refer to or evidence the communication, and, if any part of the communication was non-written, to identify the person participating in or present during all or part of the communication, and describe the substance thereof. P. When an Interrogatory requires you to "describe," to "state the basis of," or to "state the facts" on which you rely to support your claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. q. When an Interrogatory requires you otherwise to describe or state the facts relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, indicate in your response the facts (including dates and places) which relate to such a transaction, occurrence, relationship, set of circumstances, etc. Also identify any persons who are or were parties thereto or have knowledge thereof and identify any communications and documents relating to such transaction, occurrence, relationship, set of circumstances, etc. r. If any Interrogatory or aspect of these Interrogatories appears ambiguous or if Defendants need further clarification, Defendants should contact Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. S. "Mortgage" means the mortgage that is the subject of this mortgage foreclosure action. INTERROGATORIES 1. Set forth any and all payments made by you on the Mortgage since December 1, 2006. 2. If you deny you are in default of your contractual obligation under the mortgage, explain fully your basis and set forth the reasons for said denial. 3. If you believe you are current on your contractual obligation under the mortgage, explain fully your basis for your belief. 4. Explain your basis for the denial that the figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate, including what you believe is due and owing under your contractual basis of the mortgage and the basis for those amounts. 5. If you deny that the attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, explain fully your basis and set forth the reasons for said denial. 6. Upon what facts, information and/or belief do you rely in alleging that the total amount due from Defendants to Plaintiff is different than set forth in the Complaint? 7. Upon what facts, information and/or belief do you rely in alleging that the Plaintiff is not entitled to the fees and costs set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure? 8. Please itemize the thirty notices of default you allegedly received as stated in your Answer and New Matter, including dates received and contents of notices. Attach copies of said notices as well. 9. Upon what facts, information and/or belief do you rely in alleging the attorneys' fees as set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure in the amount of $5,000.00 are inflated? 10. Set forth each and every fact upon which you base each separate or affirmative defense contained in your Answer and New Matter and attach hereto copies of all documents not set forth in answer to previous interrogatories that are relevant or material to such defense. 11. Set forth the name, address, employer and position of employment of each and every person who has knowledge, whether personal or otherwise, of the facts set forth in your answer to Interrogatory 10, together with a summary of the facts of which each such person has knowledge and the source thereof. 12. State whether you are currently residing at 1709 Charles Street, New Cumberland, Pennsylvania 17070. 13. State whether any tenants are occupying 1709 Charles Street, New Cumberland, Pennsylvania, 17070. If so, with respect to each tenant, set forth the following: (a) the name and exact address of the tenant; (b) the date on which the tenancy commenced; (c) the terms thereof, including without limitation, the rental rate and lease period; (d) if there is a written lease agreement, attach a copy hereto. 14. State the name and address of the party to whom you forward your mortgage payments. 15. State whether you believe you have not been given full and proper credit for any payments made on account of the mortgage obligation in question. If so, with respect to each such payment, set forth the following: (a) the date on which such payment was allegedly made; (b) the amount thereof; (c) the form of payment (i.e. check or money order); (d) attach hereto copies of cancelled checks (Front and Back), including endorsements, money order receipts or other documents evidencing any such payment for which defendants allege it had not received proper and full credit. 16. Specify which payments have not been made to Plaintiff by or on behalf of Defendants pursuant to the terms of the mortgage obligation, including the date on which such payment was due and the amount of the installment. 17. State what amount, if any, is alleged by you to be due and owing to Plaintiff pursuant to the mortgage obligation and set forth in detail the basis of your calculation. 18. Set forth in detail all attempts by you to bring the mortgage current. Attach hereto copies of any and all documents, which related or refer to any such attempts. 19. If you deny the Loan History attached as Exhibit "A" to the Request for Admissions provided an accurate accounting of all payments made by Defendants, explain fully the basis and reasons for said denial. 20. Set forth the name, address and contents of information possessed by all witnesses you intend to call at the trial of this matter. 21. Fully describe any documents which are being withheld from production pursuant to the attached request and the reasons why any such documents have been withheld. 22. Explain what investigation you have undertaken to determine what the principal balance of the loan is. 23. Explain what investigation you have undertaken to determine what the interest owing on the loan is. 24. Explain what investigation you have undertaken to determine what the late charges of the loan are. 25. Explain what investigation you have undertaken to determine what the escrow deficit of the loan is. 26. Explain what investigation you have undertaken to determine what the title search/report fees are. 27. Identify all witnesses you intend to call at trial who will present testimony to contradict the amounts claimed owed by Plaintiff. Also provide addresses and phone numbers for each witness and briefly describe the testimony to be presented by each witness. 28. List all exhibits you intend to introduce at trial which would support your denial of the amounts claimed by Plaintiff to be due and owing. Also, identify through whom you intend to introduce the exhibits. 29. List each date you attempted to contact Plaintiff regarding tender of payments, the phone number dialed and the individual with whom Defendants spoke. SHAPIRO & DENARDO, LLC 45'? BY: July 11 , 2010 09-034870 Christopher A. DeNardo, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610) 278-6800 CERTIFICATE OF SERVICE I hereby certify that on the _e day of l k , 2010, T served a copy of the foregoing Plaintiffs Request for Admissions and Request for Production of Documents and Interrogatories upon the following by certified mail: SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire 9/?- 1 0 ? Nt Ll.S I Sul 91"\i ?l??l a?IaJLA LJ I ?z ??? ?R -P'P\ L? 1-41? er} 17070 NAO " oq-tf??- CLS?J?' J J1 c Ih?b' v SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF vs. Donald M. Wiley and Paula W. Wiley DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 PLAINTIFF'S REQUESTS FOR ADMISSION ADDRESSED TO DEFENDANTS DONALD M. WILEY AND PAULA W. WILEY TO: Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 Plaintiff, by its undersigned attorney, hereby serves the within Requests for Admission upon Defendants above captioned pursuant to Pennsylvania Rule of Civil Procedure 4014(a). Each matter set forth herein after shall be deemed admitted unless you serve an answer or objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: 1. You are the same individuals who executed a Note to Ameriquest Mortgage Company on October 23, 1999 in the amount of $161,250.00. yii5_5 2. You are the same individuals who executed a Mortgage to secure the above stated Note on October 23, 1999 in the amount of 161,250.00. ye-S f' 3. The above mentioned Note is secured by a Mortgage on real property situated at 1709 Charles Street, New Cumberland, PA 17070. Y?s 4. You have failed to make each and every monthly mortgage payment due and owing on the note and mortgage obligation that is the subject of this foreclosure litigation. ?r s? ?cc 5. By failing to make each and every mortgage payment due and owing on the note and mortgage obligation, you are in default on your obligation under the mortgage. ?') l<-A 3-(;? ic? 6. You have not tendered sufficient funds to cure all of the delinquency owed on the note and mortgage obligation. &u)TOil- 1 AP 0 0041-- 6F -D;;-t4 #J4 vac r 7. The figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate. V0 8. The figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. >T 'I) e??C?- - 9. The attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 10. The escrow advances are recoverable under the terms of the Mortgage instrument. try- ?© o°c- c t c? l?- ?c ou 'm, S 11. The loan history attached hereto as Exhibit "A" is a true and accurate record of all payments made on the subject mortgage. Vie) 4(f,)- Rc-L? 12. All payments you made were properly credited to your obligation and indicated on the loan history marked Exhibit "A". Dtsa & Rere5- 13. Pursuant to the loan documentation, the interest rate is 10.5%. s >? 4r lot Sr'F' -B V%- c VA1-k!'47t8c!-_ 14. You have not made all payments as required under the note and mortgage obligation as well as any and all repayment agreements you entered into with Plaintiff to bring the obligation current. Z{ave- p1iq p(o'.A . ??+Y?r?-?S ?, aye s ? ??r? ?N?? Y 1?( 06 rR9?c- r' 15. Pursuant to the loan documentation, late charges accrue at $ per month for each month that the debt remains unpaid. I-ATiF C MIR SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Tel) (610) 278-6800 July Iq , 2010 09-034870 P. aa? t1.. . -ems .` WED az - ??0 -22-zoo . aARVO u 'J?? ILI p f? ,?--?' 6?11- '?C; I ;EP-22-2014 wE0 0233 PtiR P. M ? w SC. X V _ J?J _ 4 -- ;ems %A-- P. 03 -3 ` WEO 4233 PM ?EF-22-2414 Den bA- 4,go 10 ?. p04 ' wED 0233 PM -22.2010 &)ILOY) t? to I LA 11) - it) 26 2l 1;3 ?v 6-e-? A A tlax? S0 -22-2blO WED 02:34 PM (?j IL"Y1 P. 005 "d GERALDn SIIAPIRO Admiacd in Illinois and Florida Only DAVI DS. KREISMAN SHAPIRO & DENARDO, LLC CHR STOIti A DcNARDO Maragiag Parrott ATTORNEYS AT LAW DAN I ELLE D OY LE ER ERSOLE + M! C!lAEL J. CLARK + LESLI E RASE 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 + Also Licensed in New Jascy Tel: (610) 278-6800, Fax: (610) 278-9980 October 15, 2010 Donald and Paula Wiley 1709 Charles Street New Cumberland, PA 17070 Re: U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 v. Donald M. & Paula W. Wiley Cumberland County No. 09-1932 Our File No. 09-034870 Dear Mr. and Mrs. Wiley: It is my understanding that you are still representing yourselves in this matter. However, if you have retained counsel, please forward this directly to him or her. Our office has reviewed the discovery responses you provided, which are incomplete, as I am sure you realized at the time they were provided. While I know you stated former counsel has the documentation, at this point you should have been able to retrieve them and forward them to our office. Please be advised that if we do not have revised answers within ten days of the date of this letter, Plaintiff will take appropriate action with the Courts. Thank you for your attention to this matter. Very truly yours, SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire Sent via a-mail (dwiley a hsh.Or ) and regular mail PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. E7xb bi I '\D it OCT-20-2010 MON 02:Q PM P. 001 is ?.s o _pn. 7.h -vo 9?6 b7l + V\cu P.aa? ? a Aid- MAI GERALD M. SIIAPIRA Admitted in Illinuix and Mlida tlnlX DAVID S. KREISNIAN itted IS`0111nia SHAPIRO & DENARDO, LLC "d'R c:rlRls•roPr lkR A. . oe:vArtuo tvtatntsing Partner ATT(IRNEYS A7' LAS' MICHAEL J. CLARK + EMAE RASE - Al., Licenxcd in New Jose,, 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 Tel: (610) 278-6800, Fax: (610) 278-9980 May 19, 2011 Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 Re: U.S. Bank, N.A., as Trustee for the registered holders of Structured. Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 v. Donald M. & Paula W. Wiley Cumberland County No. 09-1932 Our File No. 09-034870 Dear Mr. and Mrs. Wiley: My review of the file indicates you have failed to respond to Plaintiff's discovery requests, which were due by September 21, 2010. Thus, the time has expired for you to respond to Plaintiffs Request for Admissions, which are now deemed admitted in accordance with Pa. R.C.P. 4014(b). Kindly respond to Plaintiffs Interrogatories and Request for Production of Documents by May 31, 2011 or Plaintiff will take appropriate action. Very truly yours, Leslie J. Rase, Esquire Ex66 t ° F .. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of Structured Asset Securities CUMBERLAND COUNTY Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 ; PLAINTIFF VS. Donald M. Wiley and Paula DEFENDANT(S) NO: 09-1932 W. Wiley CERTIFICATE OF SERVICE I hereby certify that on the day of August, 2011, I served a copy of the foregoing Plaintiffs Motion to Compel Answers to Interrogatories and Request for Production of Documents, upon the following party by regular mail: Donald M. Wiley and Paula W. Wiley P.O. Box 702 New Cumberland, PA 17070 Donald M. Wiley and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 SHAPIRO & DENARDO, LLC BY: Leslie J. Rase, Esquire cPRAECIPE FOR LISTING CASE FOR ARGUMENT FiCL (Must be typewritten and submitted in triplicate) " ,X0THO N . ? {OOTAR TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the withirt7p?tt fpr?e rgtCt 9, Argument Court.) ?1J111 11 fttl 58 -------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE C1,1 BERLAND COUNTY (entire caption must be stated in full) PENNSYLVANIA U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 vs. Donald M. Wiley and Paula W. Wiley 09-1932 No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion to Compel Answers to Interrogatories and Compel the Production of Document 2. Identify all counsel who will argue cases: (a) for plaintiffs: Leslie J. Rase, Esquire Shapiro & DeNardo, LLC, 3600 Horizon Drive, Suite 150, (Name and Address) King of Prussia, PA 19406 (b) for defendants: Donald M. Wiley and Paula W. Wiley, Pro Se, P.O. Box 702, New Cumberland, PA 17070 and (Name and Address) 1709 Charles Street, New Cumberland, PA 17070 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 10-1-(k astgrtaiu re Leslie J. Rase, Esquire Print your name Plaintiff Date: Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 3 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-1932 ORDER AND NOW, this day of , 2011, upon consideration of the Plaintiff's Motion to Compel Answers to Interrogatories and Compel the Production of Documents, and upon the Defendants' Answer in response thereto, if any, and good cause shown it is hereby, S"P 4e 4Cd ORDERED t 'ff s woffegateltermd L4 is e tion, -- 1 .3 1A -tu C'rs / .? 1C r ?icflC? I ?i u !Ct talex C oF, f'S nacd . lf?/ ??l ?i? ti1NtiA3XSNN3d ,kishoo CNT1b39Wn3 83S 1107 pOIM"it Y iq? I'V 33030-C111- U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL2, Plaintiff V. DONALD M. WILEY AND PAULA W. WILEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M NO. 09-1932 CIVIL TER s? ORDER OF COURT AND NOW, this 19th day of September, 2011, r.J c? cn rn _D N) 0 a? 4,D -; C, tO T, -r, Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents is granted. The Defendant shall provide full and complete answers to Plaintiff's interrogatories and Plaintiff's Request For Production of Documents without objection within 30 days of today's date or suffer sanctions. By the Court, Edward E. Guido, J. ,,,,,David A. Baric, Esquire Opp l ? Leslie J. Rase, Esquire i- RIaID/if Robert A. Quigley, Esquire Donald M. Wiley and Paula w. Wiley, Esquire srs SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered ; holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS . cn r' tv c <> C' C:) r - M -? v CwJ i`r'i _ _^ }y _< CO COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1932 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY. Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 1 50 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-034870 U.S. Bank, N.A., as Trustee for the registered holders of Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-GEL2 PLAINTIFF VS. Donald M. Wiley and Paula W. Wiley DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-1932 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on &A?' " ib'( to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Donald M. Wiley 1709 Charles Street New Cumberland, PA 17070 Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff