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HomeMy WebLinkAbout09-7132LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I" FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 PLAINTIFF VS, VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 DEFENDANTS NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. D2 -'1'l3;L, t'_7i, COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEF, OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL. CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I s' FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 PLAINTIFF VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 1 1 I WEST SOUTH STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. O ?- ?132 6,?t I COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation, Attorney-in-fact for Deutsche Bank National Trust Company as Trustee, f/k/a Bankers Trust Company of California, N.A. as Custodian or Trustee for UCFC Loan Trust 1998-D (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Vickie A. Thorson, a/k/a Vickie L. Thorson (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated November 2, 1998, was recorded on November 5, 1998 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1495, Page 548. A copy of the Mortgage is attached and made a part hereof as Exhibits `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on November 2, 1998 in the original principal amount of $55,700.00 payable to Plaintiff in monthly installments with an interest rate of 9.25%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 111 West South Street, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendant is the Record Owner of the mortgaged property located at I 1 1 West South Street, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $66,993.09 Interest to 10/6/2009 $2,666.94 Accumulated Late Charges $242.14 Escrow Advance $658.92 Recoverable Balance $1,107.58 Cost of Suit and Title Search $1,400.00 Attorney's Fees $1,300.00 TOTAL $74,368.67 plus interest from 10/7/2009 at $16.98 per day, costs of suit and attorney's fees. 8. The attorney's 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 purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on July 13, 2009. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $74,368.67 together with the interest from 10/7/2009 at $16.98 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: Torne Ja r a y ID 55669 y for aintiff EXHIBIT `A' -d?f Loan No: 034401057566 Borrower: VICKIE A THORSON Tax Parcel Identification Number: Data ID: 627 0i OEFw? (b, +4 ' VP:. , . "i0 COUNTY- F'A '98 NOU S PM 3 111 Return to: UNITED COMPANIES LENDING CORPORATION* 750 E. PARK DRIVE HARRISBURG, PA 17111 [Space Above This Line For Recording Data] MORTGAGE NOTICE TO ASSIGNEE NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act. Purchasers or assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower could assert against the creditor. THIS MORTGAGE ("Secy ty Instrument") is given on thel <Ovtcox m er, 1The mortgagor is VICKIE A1?SON , A SINGLE WOMAN 0- rC Z /f .L.? whose address is 111 W SO STREET, CARLISLE, PENNSYLVANIA 17013 ("Borrower"). This Security Instrument is given to UNITED COMPANIES LENDING CORPORATION, A CORPORATION, which is organized and existingyder the laws of the State of LOUISIANA, and whose address is 4041 ESSEN LANE, BATON ROUGE, LOUISIAN 70809 ("Lender"). Borrower owes der the principal sum of FIFTY-TIVE THOUSAND HUNDRED and NO/100-----Dollars (U.S. $ 55,700. . This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Now, (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the City of CARLISLE, CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF PENNSYLVANIA - single Family-MODIFIED Fermis Mee/Froddie Mac UNIFORM INSTRUMENT Farm 303a 3/98 (Page 1 of 8 Pages) *Which has the address of 111 W SOUTH Pennsylvania [AP Ul Toom Wrrx all the improvements now and fixtures now or hereafter a part of the propert; Instrument. All of the foregoing is referred to in BORROWER CovENANTS that Borrower is mortgage, grant and convey the Property and tha Borrower warrants and will defend generally the encumbrances of record. THIS SEcuRrrY INSTRUMENT combines unifo variations by jurisdiction to constitute a uniform s UNIFORM CovENAm. Borrower and Lenc 1. Payment of Principal and Interest Pr the principal of and interest on the debt evidenced ' 2. Funds for Taxes and Insurance. Subj pay to Lender on the day monthly payments are d (a) yearly taxes and assessments which may attain yearly leasehold payments or ground rents on the 1 yearly flood insurance premiums, if any, (e) yeart Borrower to Lender, in accordance with the prov premiums. These items are called "Escrow Items. to exceed the maximum amount a lender for a fed( under the federal Real Estate Settlement Procedl seq. ("RESPA"), unless another law that applies collect and hold Funds in an amount not to excee on the basis of current data and reasonable estima with applicable law. The Funds shall be held in an institution w (including Lender, if Lender is such an institution, to pay the Escrow Items. Lender may not charge escrow account, or verifying the Escrow Items, ut permits Lender to make such a charge. Howev independent real estate tax reporting service used otherwise. Unless an agreement is made or applic pay Borrower any interest or earnings on the Fun( shall be paid on the Funds. Lender shall give to 1 credits and debits to the Funds and the purpose f as additional security for all sums secured by this If the Funds held by Lender exceed the an Borrower for the excess Funds in accordance with by Lender at any time is not sufficient to pay the I in such case Borrower shall pay to Lender the an the deficiency in no more than twelve monthly pa Upon payment in full of all sums secured t any Funds held by Lender. If, under paragraph acquisition or sale of the Property, shall apply air against the sums secured by this Security Instrumc 3. Application of Payments. Unless app] paragraphs 1 and 2 shall be applied: first, to any I under paragraph 2; third, to interest due, fourth, 1 4. Charges; Liens. Borrower shall pay at Property which may attain priority over this Sec Borrower shall pay these obligations in the mane shall pay them on time directly to the person owe amounts to be paid under this paragraph. If Borr to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien agrees in writing to the payment of the obligation, good faith the lien by, or defends against enforce operate to prevent the enforcement of the Hen; of Lender subordinating the Hen to this Security Insti to a lien which may attain priority over this Securil Borrower shall satisfy the lien or take one or more t? r icevl CARLISLE, ("Property Address"); it hereafter erected on the property, and all easements, appurtenances, All replacements and additions shall also be covered by this Security this Security Instrument as the "Property." awfully seised of the estate hereby conveyed and has the right to the Property is unencumbered, except for encumbrances of record. title to the Property against all claims and demands, subject to any m covenants for national use and non-uniform covenants with limited curity instrument covering real property. ;r covenant and agree as follows: payment and Late Charges. Borrower shall promptly pay when due y the Note and any prepayment and late charges due under the Note. ct to applicable law or to a written waiver by lender, Borrower shall e under the Note, until the Note is paid in full, a sum ("Funds' for. priority over this Security Instrument as alien on the Property; (b roperty, if any, (c) yearly hazard or property insurance premiums; (d) mortgage insurance premiums, if any; and (f) any sums payable by dons of paragraph S, in Heu of the payment of mortgage insurance Lender may, at any time, collect and hold Funds in an amount not -ally related mortgage loan may require for Borrower's escrow account -es Act of 1974 as amended from time to time, 12 U.S.C. $ 2601 et J the Funds sets a lesser amount. If so, Lender may, at any time, the lesser amount. Lender may estimate the amount of Funds due z of expenditures of future Escrow Items or otherwise in accordance ose deposits are insured by a federal agency, instrumentality, or entity or in any Federal Home Loan Bank. Lender shall apply the Funds Borrower for holding and applying the Funds, annually analyzing the ess Lender pays Borrower interest on the Funds and applicable law r, Lender may require Borrower to pay a one-time charge for an y Lender in connection with this loan, unless applicable law provides Lble law requires interest to be paid, Lender shall not be required to Borrower and Lender may agree in writing, however, that Interest orrower, without charge, an annual accounting of the. Funds, showing r which each debit to the Funds was made. The Funds are pledged ecurity Instrument. )unts permitted to be held by applicable law, Lender shall account to he requirements of applicable law. If the amount of the Funds held crow Items when due, Lender may so notify Borrower in writing, and, )unt necessary to make up the deficiency. Borrower shall make up ments, at Lender's sole discretion. r this Security Instrument, Lender shall promptly refund to Borrower Z1, Lender shall acquire or sell the Property, Lender, prior to the Funds held by Lender at the time of acquisition or sale as a credit able law provides otherwise, all payments received by Lender under epayment charges due under the Note; second, to amounts payable principal due; and last, to any late charges due under the Note. taxes, assessments, charges, fines and impositions attributable to the irity Instrument, and leasehold payments or ground rents, if any. provided in paragraph 2, or if not paid in that manner, Borrower payment. Borrower shall promptly furnish to Lender all notices of wer makes these payments directly, Borrower shall promptly furnish vhich has priority over this Security Instrument unless Borrower: (a) %cur'` by the lien in a'lnarnneX acceptable to Lender; (b) contests in cent of the lien in, legal proceedings which in the Lender's opinion (c) secures from the holder of the lien an agreement satisfactory to iment. If Lender determines that any part of the Property is subject Instrument, Lender may give Borrower a notice identifying the lien. of the actions set forth above within 10 days of the giving of notice. n Pact i?J"?v Form 3039 3198 (Page 2 of 8 Pages) 8eoKi4 v R fy Loan No: 034401057566 ` Data ID: 627 5. Hazard or Property Insuranm Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included in the term "extended coverage" and any other hazards, for which Lender requires insurance, including, but not limited to, floods or flooding, earthquakes or hurricanes (whether or not such hazards are required to be insured against at the time the Loan is made). All insurance required by Lender shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval, which shall not be unreasonably withheld. In the event the Property improvements are now, or at any time during the term of this Security Instrument are determined to be, in a Special Flood Hazard Area, Borrower must obtain and maintain flood insurance. Borrower acknowledges and agrees that failure to insure the Property, which is the security for this agreement, according to the terms and conditions of this paragraph 5 is an event of default subject to the remedies available to Lender under this agreement. If Borrower fails to obtain or maintain any coverage described herein, Lender may, but shall have no duty to, obtain such coverage or substantially equivalent coverage with an insurance carrier of Lender's choice, protecting only bender's interest in the Property in accordance with paragraph 7, all at Borrower's expense. Lender shall have no duty or obligation to obtain any insurance protecting Borrower's interest in the Property, or covering risks for which Lender has not requited insurance, as described in the first paragraph of this paragraph 5, even if Borrower has previously obtained or maintained such insurance coverage, including, without limitation, a homeowners policy. Lender may, in its sole discretion, obtain insurance in whatever amounts and types Lender deems adequate to protect Lender's interest in the Property, regardless of the unpaid balance remaining under the Note or the amounts remaining due under this Security Instrument. For this purpose, Lender will deem its interests to be adequately protected by an insurance policy with coverage equal to the value of the improvements located on the Property securing Borrower's loan. Lender may determine the value of the improvements by assuming as accurate the value assigned to the improvements in the insurance policy that Lender's records reflect was most recently held by Borrower prior to the insurance policy obtained by Lender. Borrower acknowledges and agrees the amount may not be equal to the actual value or replaecment value of the improvements, and any such insurance Lender obtains may not protect Borrower's interest in the Property. Borrower acknowledges and agrees that the cost of the insurance coverage so obtained by Lender may significantly exceed the cost of insurance Borrower could have obtained, as described in the first paragraph of this paragraph 5, if Borrower had purchased the insurance directly, and further may provide Borrower with less or no insurance coverage protecting Borrower's interest in the Property. Borrower further acknowledges and agrees that Lender may obtain any such insurance directly or through an insurance agency or insurer affiliated with Lender and Lender or Lender's affiliate may receive a commission or other compensation in connection with obtaining such insurance. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event that Borrower cancels a policy on the Property and Borrower replaces it with a different policy, Lender may charge Borrower a reasonable fee (subject to applicable law, if any) to change its records to reflect the new policy. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. In the event Lender acquires the Property through foreclosure or otherwise, Borrower assigns to Lender its rights to any refund of unearned premiums and any other rights of Borrower under the insurance policy. To the extent Borrower obtains any form of insurance coverage for the Property without being directed to do so by Lender, such as flood, earthquake or hurricane coverage, such policy shall include a standard mortgagee clause and shall name Lender as mortgagee. Any insurance proceeds from such policy shall be additional security for the Note and Lender shall have the same rights to such policy and proceeds as it has with regard to Lender-required insurance policies discussed in this paragraph S. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if, at Lender's sole discretion, the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. Lender shall have the right to deduct fees for such inspections from the insurance proceeds unless prohibited by applicable law or regulation. Fees for public adjusters or other third parties retained by Borrower shall not be deducted from the proceeds and shall be the sole and separate obligation of Borrower. If, in Lender's sole determination, the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Borrower shall remain responsible for any sums remaining due and payable under the Note and this Security Instrument. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then the proceeds will be automatically assigned to Leader. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments of principal and interest due under the Note. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions contained in this paragraph 5 are subject to limitations under applicable law, if any. eoox 1495 PACE •54150 Form 3039 3/98 (Page 3 of 8 Pages tI 6. Occupancy, Preservation, Malntenan * ? and'P&teciion of the Property; Borrower's Loan Application; eholds. Borrower shall occupy, establish, an as use the Property as Borrower's principal residence within sixty days afte the execution of this Security Instrument and hall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, ess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circa ristances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, all w the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action r proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Pr erty or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrowe may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismiss with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Proper or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or tatements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a princip 1 residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the erger in writing. 7. Protection of Lender's Rights in the P roperty. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, pro te, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is n sary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any secured by a Gen which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' f and entering on the Property to make repairs. Although Lender may take action under this. paragraph 7, Lender d es not have to do so. Any amounts disbursed by Lender under t ' paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Ls er agree to other terns of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender requir ed mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the emiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage r aired by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substant' equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equiv ent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-two of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to a in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss r erve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtain . Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, u ntil the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Len er or applicable law. 9. Inspection. Lender or its agent may ke reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior an inspection specifying reasonable cause for the inspection. 10. Condemnation The proceeds of any ward or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of t he Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the evtnt'of h total taking of the Prope , the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any ex " paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property ' ately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument imm ely before the taking, unless Borrower and Lender otherwise agree i in writing, the sums secured by this Security Instru shall be reduced by the amount of the proceeds multiplied by the t following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the takin . Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market v lue of the Property immediately before the taking is less than the amount of the sums secured immediately before a taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the pro shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, rrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect an apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Secu Instrument, whether or not then due. Unless Lender and Borrower otherwise agr, a in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payment s referred to in paragraphs 1 and 2 or change the amount of such payments. ' . ' BOOK U95 Form 3039 3/98 (Page 4 of 8 Pages) Pace 1551' Loan No: 034401057566 Data ID: 627 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pamnent or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise mod fi y amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-sers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co- signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may awe to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to 'Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. I& Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of- (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or {b) entry of a judgment enforcing, this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration d occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the surns secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. BoodM racy x552 Form 3039 3198 (Page 5 of 8 Pages) V , Borrower shall promptly give Lender vvritte notich bf any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or pri ate pparty involving the Property and an Hazardous Substance or Environmental Law of which Borrower has actual owledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other mediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necess ry remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardou Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the follo ' substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile so ents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Bnviro ntal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or nvironniental protection. NON-UNIFORM COVENANTS. Borrower and icier her covenant and agree as follows: 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this S ty Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration f the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Le der shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the forecloi am proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not aired as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial pr eding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this p h 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law, 22. Release. Upon payment of all sums s cured by this Security Instrument, Lender shall release the Security Instrument to Borrower. To the extent permitted applicable law, Borrower is responsible for all costs associated with cancelling this Security Instrument including, but t limited to, any fee paid to a third party for the preparation and recordation of any legal documents as well as any ee paid to a public official. 23. Waivers. Borrower, to the extent per 'tted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, a d hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemptio from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's tun to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any o 'the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrum nt shall be a purchase money mortgage. 26, Interest Rate After Judgment. Bono er agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosu a shall be the rate payable from time to time under the Note. 27. Agreement to Mediate or Arbitrate. THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIG TO GO TO COURT. In this agreement to mediate or arbitrate (this "eement' , (1) 'Transaction" means any (a) ayment of money, (b) transfer or exchange of property or any other thing o value, (c) any one or more past, present, o future extensions of, advertisement, solicitation, applications for, or inquiries about, credit, or forbearance of payment, uch as a loan, a credit sale, or otherwise, from Lender to Borrower, including this Transaction, (d) gift, or e) pro' e to enter into a Transaction, and (2) "Claim" means any case, controversy, dispute, tort, disagreement, lawsuit, cl , or counterclaim, and other matters in question now or hereafter existing between Lender and Borrower. A Claim in Ludes, without limitation, anything arising out of, in connection with, or relating to: (a) this Agreement; (b) to the advert went, solicitation, application, processing, closing or servicing of this Transaction or any instruments executed in conjunction with it (collectively the "Loan Agreements" including but not lirnited to the terms of the loan, representations, pr miles, undertakings or covenants made relating to the Loan, or Loan Agreements executed in conjunction with the Noe and this Security Instrument, services provided under the Loan Agreements, and the validity and construction of the Loan Agreements); (c) any Transaction; (d) the construction, manufacture, advertisement, sale, installation or s ' g of any real or personal property which secures this Transaction, (e) any past, present, or future insurance, service, o product that is offered or sold in connection with a Transaction; (fl any documents or instruments that contain informati n about or document any Transaction, insurance, service, or product; and (g) any act or omission by Lender regarding a Claim. Mediation. Bmpt as set forth below, all C , shall be M MIATED prior to the filing of any legal proceeding related to any dispute relating to this Transaction. Borrower and Lender cannot agree on the selection of a mediator for a dispute, the mediator shall be selected as fo : within 5 business days of the notice that either Borrower or Lender have decided to mediate, Borrower and Lender sha each name a mediator and notify that mediator and the other party of the selection. Within 5 business days of theirs lection the mediators shall jointly select an independent mediator to mediate the dispute. The mediation shall occur not later than 30 days after the mediator is selected at a time and place mutually convenient to all parties within a fifty-mil radius of Borrower's residence. Borrower and Lender agree to participate in the mediation in good faith with the intention of resolving the dispute, if possible. Legal counsel may, but is not require to represent Borrower or Lender at the mediation. All mediation sessions will be private and all information disclosed luring the mediation will be confidential. The mediator may prescribe other rules for the mediation. Expenses of themediation including the mediator's fee shall be shared equally between Lender and Borrower. Attorneys' fees and related expenses are each party's responsibility. This Agreement to mediate is specifically a orceable. If for any reason the mediation is not completed within 45 days after the mediator is selected, or if after the mediation, any Claim is still unresolved, such Cla' shall be resolved solely and exclusively by arbitration in accordance with this Agreement. ROOK 149Y- PAGE 4553 Form 3039 3/96 (Page 6 of 8 Pages) Loan No: 034401057566 T Data ID: 627 Arbitration. To the extent allowed by appHcallle law, any Claim, except those set forth below, shall be resolved by binding arbitration in accordance with (1) the Federal Arbitration Act, 9 U.S.C §§ IA; (2) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the "Arbitration Rules' then in effect; and (3) this Agreement. If the terms of this Agreement and the Arbitration Rules are inconsistent, the terms of this Agreement shall controL A copy of the Arbitration Rules, free of charge, may be obtained by calling (800) 779-7879. The laws applicable to the arbitration proceeding shalt be the Laws of the state in which the property which secures the Transaction is located. The parties agree that the arbitrator shall have all powers PION, ided by law, this Agreement, and the Loan Agreements. However, the arbitrator shall have no power to vary or modify any of the provisions of the Loan Agreements. Any party to this Agreement may bring an action in any court having Jurisdiction, including a summary or expedited proceeding, to specifically enforce this Agreement, or to compel arbitration of any Claim. An action to specifically enforce this Agreement, or a motion to compel arbitration may be brought at ark time, even after a Claim has been raised in a court of law or a Transaction has been completed, discharged, or paid in full Place of Arbitration. The arbitration shall be conducted in the county of Borrower's residence, or at any other place mutually acceptable to the Lender and the Borrower. Timing of Hearing. The arbitration hearing shall commence within forty-five (45) days of the demand for arbitration. NO CLASS ACTIONS; NO JOINDER OF PARTIES; WAIVER OF RIGHT TO JURY TRIAL. THE ARBITRATION WILL TARE THE PLACE OF ANY COURT PROCEEDING INCLUDING A TRIAL BEFORE A JUDGE OR A JUDGE AND JURY. ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A' COMMON OR Cl" ACTION. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED BY BORROWER AND LENDER THAT ANY PURPORTED COMMON ISSUES OF LAW OR FACT SHALL BE RESOLVED ON SUCH AN INDIVIDUAL BASIS. IF THE APPOINTED ARBITRATOR SHOULD AWARD ANY DAMAGES, SUCH DAMAGES SHALL BE IRvff ED TO ACTUAL AND DIRECT DAMAGES AND SHALL IN NO EVENT INCLUDE CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR TREBLE DAMAGES AS TO WHICH BORROWER AND LENDER EXPRESSLY WAIVE ANY RIGHT TO CLAIM TO THE FULLEST EXTENT PERMITTED BYLAW. Judgme t. The award rendered by the arbitrator shall be final, nonappealable and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof The laws applicable to the arbitration proceeding shall be Subchapter A of Chapter 73 of Title 42 of the Pennsylvania Consolidated Statutes. Confidentiality. Borrower and Lender agree that the mediation and arbitration proceedings are confidential. The information disclosed in such proceedings cannot be used for any purpose in any other proceeding. Claims Excluded from Mediation and Arbitration. Notwithstanding the foregoing, neither Borrower or Lender can require the other to mediate or arbitrate (i) foreclosure proceedings, whether pursuant to judicial action, power of sale, assent to a decree or otherwise, proceedings pursuant to which Lender seeks a deficiency judgment, or any comparable procedures allowed under applicable law pursuant to which -a lien holder may acquire title to, or possession of any property which is security for this Transaction and any related personal property (irtcludutg an assignment of rents or appointment of a receiver), upon default by the Borrower on the Transaction or (u) an application by or on behalf of the Borrower for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtors, through the institution of appropriate proceedings; or (fti) any Claim where Lender seeks damages or. other relief because of Borrower's default under the terms of a Transaction. Enforcement of this section will not waive the right to arbitrate any other Claim, including a Claim asserted as a counterclaim in a lawsuit brought under.this -section., Effect of Rescission. If Borrower has the right to rescind this Transaction, rescinding it will not rescind this, Agreement. No Other Arbitration Agreements. This Agreement is the only agreement between Lender and Borrower regarding alternative dispute resolution, and supersedes any prior agreements to mediate or arbitrate Claims This Agreement may only be modified by a written agreement between Lender and Borrower. BORROWER AND LENDER AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY OF ANY AND ALL,', CLAIMS. 28, Riders to this Security Instrument. If one or more riders are executed by Borrower and recordedtogether with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider [? Graduated Payment Rider ? Balloon Rider ? Other(s) [specify] ? Condominium Rider ? Planned Unit Development Rider ? Rate Improvement Rider Bood495 FAGS 1554 ? 1-4 Family Rider ? Biweekly Payment Rider ? Second Home Rider Form 3039 8/88 (Page 7 of 8 Pages) BY StonttNa 13m nw, Borrower accepts agrees to the terms and covenants contained in this Security Instrument in any rider(s) ex by Borrower and r corded with it. Witn, ac `, •' vi ' .` l .... ..........................................................................Printed Name KA'? r (2? - G?10? ??cf1..r 1 .......................(seal) Kt? t? 'Tt•0KSo? kla C. A'THORSO--Borrower* (Space ow This Line For AcMav iedgmetrtl Common , ?f P N5 V § County of tJ ?'I?t, O thi th d f § A2V ( 'i n s e ay o 1 , before me, -- tlS;;K undersigned undersigned officer, personally appeared VICK E H ? • _ •:' .., .•;`,; . As fj °. rv S • I A T ORSON known to me (or satisfactorily proven) to be .,,, r,.'..,.,;;_ ? • .•; a person whose name is subscribed to the wi ia'."* truin°` t att?`f acknowledged that she executed the same for the purposes therein contained rr : r ' a,, ct, •; Z" In witness whereof I hereunto set my hand and fficial s \ • . r?' / (Sea Notarial seal ?- r:, ?i„u o .' '?a% , "ffy Public mw-AllenTinp.,CumberlandCounty h 13 1999 V ' Notary Public , am CMt at Eom My A M er, tams lvania Association of Notaries .'?"` i n ?? ?G (Printed Name) My commission expires: ' I certify that the precise residence and address f the within-named Lender is: UNITED COMPANIES LENDING CORPOR ??, 4041 ESSEN LANE, BATO OUGE, LOUISIANA 70809 "CE ,555 Form 3039 3/98 (Page 8 of 8 Pages) . marten d.d..k s Tax Parcel No. 04-21-0320-281 THIS DEED Made the 3day of 16(ti4Q1&4 , in the year Nineteen hundred and ninety-e& (1996). Between CARLISLE OPPORTUNITY HOMES, INC., a non-profit corporation, organized under the laws of the Commonwealth of Pennsylvania, of P. O. Box 517, Carlisle, Cumberland County, Pennsylvania, and Grantor VICKIE A. THORSON, of 111 West South Street, Carlisle, Cumberland County, Pennsylvania, Grantee Witnessetli, that in consideration of FORTY-SEVEN THOUSAND FTVE HUNDRED and 00/100 DOLLARS ($47,500.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said Grantee, her heirs and assigns, ALL THAT CERTAIN TRACT OF LAND situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: 0EG{NN1NG at the southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alloy which runs from West South Street to Chapel Alley and said point being on the northern side of West South Streets thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; than to eastwardly by the same, 6 feat 6 inches to a pointj thence northwardly along the same, 24 fast, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feat, more or Lase, to the Place of BEGINNING. BEING improved with a two-atory frame dwelling house known as No. 111 West South Street. 600f 134 F1cE 424 sood495 rw 656 BEING the same premises which Terry S. Leiby, Rodger C. Diehl, Jr. and Rodger C. Diehl, Sr., by Dead dated August 17, 1990, and recorded in the Office of Cumberland County, the Recorder of Deeds in and for 738, Pennsylvania, in Deed Hook S, Volume 34, page granted and conveyed unto Carlisle Opportunity Homes, Inc., Grantor herein. cn 4 y, u ti I'1 .• 7• Z4 19 b i ?+ ?i5 w S:3 &I W C w . w V c? m 8 AY „r w? 660K 134 Ptu 4?f5 BooK1495rw Z57 And the Said Grantor hereby covenants and agrees that it will warrant speciAlly the property hereby conveyed. In %littte;s Whereof, said Grantor has hereunto sat ate hand and goal Rbi? gnd yaar first above written. CARLISLE OPPORTUNITY HOMES, INC. ayC. R.f eBrUCe R. Andrews, Vice P si ent QOMONWZALTH OF PENNSYLVANIA s s on COUNTY OF CUX3aRI.ANA On this, the ?lF?h day of -1lanuRr , I9960 before me, the undersigned ottioer, persona y a ears Bruce R. Andrews, who acknowledged himself to be the Vice President of Carlisle Opportunity Homes, Inc., and that he as such officer, being authorized to do no, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself am Vice President. IN WITNESS WHEREOF, I have hereunto set My hand and notarial seal. Hao.Wi s.?i Kuon F Bye a Koury pubno Cr flow Has wn0?n?rd County m v GomnMtlt-Or F• n w March l k s ass I hereby certify that the precise residence and complete poet office address of the Grantee hsrei? is 111 West South Street, Carlisle, PA 17013. ?? Attorney oor GrAntees Stato of Pennsylvania 86 County of Cusnbariandj Pfxo,drsd i e office for the recording of Deeds :;r... and f rland County u, _ 3 k _ Vof - Pa wiui s, ny h seal of offs Carlisle, dyif 19_.. IV t?- -'I Re "OK 134 PACT Q BOOK1495 Pact t. ' r ttRf?; CJAI a,:.?:' P a , V,. EXHIBIT `B' Loan No: 034401057566 Borrower: VICKIR A THORSON NL?ember 2, 1998 NOTE CARLISLE [0hyl 111 W SOUTH STREET CARLISLE, PENNSYLVANIA 17013 [Properly Addreee] Data ID: 627 PENNSYLVANIA [fie] L BORROWER'S PROAUSE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 55,700.00 (this amount is called "principal', plus interest, to the order of the Lender. The Lender is UNITED COMPANIES LENDING CORPORATION. I understand that the Leader may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 9150%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYNnRM (A) Time and Place of Payments I will pay principal and interest by making payments month I will make my monthly payments on the first day of eac month beginning on January I, 1999. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on December 4 202% I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P.O. Box 215, Memphis, Tennessee 38101-0215, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 456.23. 4. BORROWER'S RIGHT TO PREPAY I have the right to maim payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. If this Note is not in default, the Note Holder will use all of my prepayments to reduce the amount of principal that I am under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum ban charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (h) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the ppdncipaI I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as•a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge far Overdtm Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of the payment. I will pay this late charge only once on any late payment. (B) De&ult If I do not pay the full amount of each monthly payment on the date it is due, f will be in default. (G) Accekrallon If I am In default, the Note Holder may without notice or demand, unless otherwise required by applicable law, require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (T) Payment of Note Haildees C oM and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. PENNSYLVANIA FIXED RATE NOTE - single Family . MODIFIED 11/96 ism???rnseen?te 034401057 185 7. GIVING OF NO'T'ICES Unless applicable law requires a differet method, any notice that must be given to me under this Note will be given by delive rig it or by mailing it by first class mall to me at the Property Address above or at a different address if I give the Note Holder a written notice of my erent address. Any notice that must be given to the N to Holder under this Note will be given by mailing it by first class mait to the Note Holder at the address stated in S ion 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER TI If more than one person signs this Note, made in this Note, including the promise to pay 1 of this Note is also obligated to do these things. of a guarantor, surety or endorser of this Note, i Holder may enforce its rights under this Note a; that any one of us may be required to pay all c 9. WAIVERS I and any other person who has oblige dishonor. "Presentment' means the right to req dishonor" means the right to require the Note I paid 10. UNIFORM SECURED NOTE This Note is a uniform instrument with given to the Note Hokler under this Note, a Mor the same date as this Note, protects the Note promises which I make in this Note. That Se required to make immediate payment in full o described as follows: Transfer of the Property or a Bei or any interest in it is sold or transferred Borrower is not a natural person) withi require immediate payment in full of all i shall not be exercised by Lender if exer Instrument If Lender exercises this option, Lei pprovide a period of not less than 30 day Borrower must pay all sums secured by th to the expiration of this period, Lender ? without further notice or demand on Bu Wrimiss THE HAND(S) AND SEAL(S) OF 4I. IS NOTE inch person is fully and personally obligated to keep all of the promises e full amount owed Any person who is a guarantor, surety or endorser Any person who takes over these obligations, 'including the obligations also obligated to keep all of the promises made in this Note. The Note iinet eam person individually or against all of us together. This means the amounts owed under this Note. s under this Note waive the rights of presentment and notice of the Note Holder to demand payment of amounts due. "Notice of x to give notice to other persons that amounts due have not been mited variations in some jurisdictions. In addition to the protections age, Deed of Trust or security Deed the 'Security Instrument', dated Iolder from possible losses which might result if I do not keep the tity Instrument describes how and under what conditions I may be all amounts I owe under this Note. Some of those conditions are octal Interest in Borrower. If all or any part of the Property it if a berieCicial interest in Borrower is sold or transferred and t Lender's prior written consent, Lender may, at its option, ms secured by this Security Instrument However, this option e is prohibited by federal law as of the date of this Security er shall give Borrower notice of acceleration. The notice shall from the date the notice is delivered or mailed within which Security Instrument If Borrower faits to pay these sums prior cy invoke any remedies permitted by this Security Instrument UNDEPMONED. ...............................(Seat) r L• ?ho?'S ?lKla.,VICKIE A THORSON -Borcoww NOTICE: This is a mortgage subject to sped assignees of this mortgage could be liable for all could assert against the creditor. Pay to the order of Bankers Trust Company of California, NA-, as custodian or trustee under the applicable custodial or trust agree t, without recourse. UNIT 0 G C Q WON BY Name: Brandt Ra urn Title: Assistant Secretary CE TO ASSIGNEE rules under the federal Truth in Lending Act Purchasers or ims and defenses with respect to the mortgage that the borrower EXHIBIT `C' 1111111111111111111111111 7104 5400 =100 22=0 9441 July 13, 2009 1Vickie A Thorson 111 W South St Carlisle, PA 17013-3434 EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753 Re: Loan No: Property Address: EMC ;{farts"ge C' rp?rrke;nor Ills W Street Carlisle, PA 17013 Your house is your home. We want to keep it that way. We need to talk - call 1-888-609-2379 today. You're going through tough times - we can help. In fact, we believe your home may be eligible for a loan modification program - we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at 1-888-609-2379 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us - the fewer chances you may have to keep your home. It will only take a few minutes on the phone - one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available - call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your home, but you must call us immediately at 1-888-609-2379 - the longer you delay the fewer options you may have. Homeowner's Assistance Department EMC Mortgage Corporation 1-888-609-2379 (800) 582-0542 TDD / Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation and the consequences that will occur unless we receive the required financial information from you and can approve you for a modification. Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay-call us now at 1-888-609-2379. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 July 13, 2009 T 1 N TAKE OE FIR OMNFOTIC 9 0I H SURE L , 0 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ONPAGE THREE The HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your home. Thu notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-341-2397. (Persons with impaired hearing can call (717) 780-1869). Imm sk-1 . 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IM[PORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO-N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Vickie A Thorson Ills W Street Carlisle, PA 17013 UNITED COMPANIES LEN EMC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCLIL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE 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) days from the date of this Notice (plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, 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). 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS E VENTUA LL Y APPR 0 VED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION - 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 YOUARE CURRENTLYPROTECTED BY THE FILING OFA PETITIONINBANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: l l is W Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHL Y MORTGA GE PA YMENTS for the following months and the following amounts are now past due. (a) Monthly payments from 05/01/2009: (b) Late charge(s): (c) Other charge(s): NSF and Advances (d) Less: Credit Balance (e) Total amount required as of 07/09/2009: $2,439.54 $121.98 $1,004.58 $0.00 $3,566.10 HOW TO CURE THE DEFAULT - You may cure this default within 771IRT'Y (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ $3,56610, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING 771E THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check certified check, or money order made payable and sent to: EMC Mortggaagge Uo ration Po Box 660753 galas, TX 75266-0753 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt7his 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. Iffull 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.lf you cure the default within the THIRTY (30) DAYperiod, 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) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five (5) months from the date of this Notice.A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number: 1-888-609-2379 Fax Number. 214-626-5999 Contact Person: Loan Resolution Department E-mail Address: emcpaact9l@jpmorgan.com 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 not 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. YOUMAYALSO HAVE THE RIGHT. ° TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ° TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ° TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ° TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELINGAGENCIES SERVING YOUR COUNTY CAN BE FOUND ON PAGES 4-6. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." EMC offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at 1-888-609-2433 to discuss your options. The longer you delay the fewer options you may have. EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Sincerely, EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753 r Acorn Housing Corporation 846 North Bread Street Philadelphia, PA 19130 (215) 765-1221 'Bucks, Chester, Delaware, Montgomery, Philadelphia Action Housing Inc 425 6th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 281-2102 'Allegheny, Beaver, Butler, Fayette, Greene, Washington, Westmoreland Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 3341518 'Adams, Cumberland, Franklin, York Advocates for Financial independence 1806 S Broad Street, Suite 1B Philadelphia, PA 19145 (215) 369-2810 'Philadelphia Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 (215)389-2810 'Delaware Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-0551 'Allegheny American Credit Counseling institute 21 S Church Street West Chester, PA 19380 (888)212.6741 `Chester American Credit Cousekng Institute 526-528 Dekale Street Norristown, PA 19401 (610) 971-2210 (888) 212-6741 'Montgomery, Delaware American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 4449429 (888) 212-6741 'Bucks, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 'Becks, Bucks, Montgomery American Credit Counseling Institute 229 East Chestnut Sheet Coatesville, PA 19320 (888) 212-6741 'Chester, Lancaster " Indicates Counties Serviced American Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 228-7903 'Mifflin American Financial Counseling Services 405 West Gemrantown Pike Norristown, PA 19403 (267) 228-7903 'Mifflin, Montgomery American Financial Counseling Services 2880 Bergey Road Suite 4 Hatfield, PA 19440 (267) 228-7903 'Bents, Chester, Montgomery American Financial Counseling Services 175 Strafford Avenue, Suite one Wayne, PA 19087 (610) 971-2210 (888) 212-6741 'Bucks, Chester, Delaware, Mongomery, Philadelphia American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (267) 228-7903 (800) 490-3039 Terks, American Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 228-7903 'Montgomery American Financial Counseling Services 1917 Walsh Road Philadelphia, PA 19115, PA 19610 (267) 228-7903 'Bucks, Montgomery, Philadelphia American Red Cress - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 'Adams, Franklin, York American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 'Chester, Delaware APM 2147 Norht Sixth Street Philadelphia, PA 19122 (215) 235-6788 `Chester, Delaware, Philadelphia, Bucks Armstrong CO Community Action Agency 124 Armsdals Road, Suite 211 Kittanning, PA 16201 (724)548-3405 'Armstrong Base, Inc. 447 South Prince Street Lancaster, PA 17603 (717) 392-5467 'Lancaster Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 'Blair Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 'Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 'Burks Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightslown, PA 1894D (866) 666-0280 'Bucks Bucks County Housing Group 470 Old Dubin Pike Doylestown, PA 18901 (866) 866-0280 'Bucks Bucks County Housing Group 349 Durham Road Peondel, PA 19047 (866) 866-0280 'Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 'Bucks Budget Counseling Carter 247 North Fifth Street Reading, PA 19601 (610) 375-7866 'Barks, Chester, Schuylkill Carron Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 'Chester, Delaware, Philadelphia Catholic Social Services Saint Catherine Manor 5 Knox Road Scranton, PA 18505 (570) 558-3019 'Wyoming, Wayne, Bucks, Lackawanna, Monroe, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215) 563-5665 'Bucks CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215)563.5665 'Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 'Chester CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 `Chester, Bucks CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 'Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215)563.5665 'Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 (800) 837-9815 'Bert s, Bucks, Carbon, Lancaster, Lehigh, Northampton, Schuylkill CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 'Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 238-3668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Twga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street. Suite 104 Stroudsburg, PA 18360 (570) 420-8980 'Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square#2 Garden Center Dr Greensburg, PA 15601 (888)511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 (888) 511-2227 'Fulton, Crawford, Lancaster r CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888)511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888)511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888)511-2227 'Westmoreland CCCS of Western PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 'Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888)511-2227 'Cambria CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 'Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA Pullman Commerce Center 112 Hollywood Or Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888)511-2227 'Allegheny . Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 (814) 337-8450 'Columbia, Venango Centro Pedro Clever, Inc 627 West Erie Avenue PhBadelpia, PA 19140 (215) 227-7111 'Philadelphia " Indicates Counties Serviced Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware, Montgomery, Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester, Delaware, Philadelphia Indiana Co. Community Action Prog. 827 Water Sheet Box 187 Indiana, PA 15701 (724) 465-2657 'Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 16702 (570) 826-0510 'Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Sheet Harrisburg, PA 17094 (717) 232-9757 'Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 Fast Fft Street Bethlehem, PA 18015 (610) 691-5620 •Berk&, Carbon, Lehigh, Monroa, Northhampton Community Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 2773363 'Montgomery Community Adorn Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Monroe Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 •Alegherry, York, Fayette, Greene, Washington, Westmoreland Comm. on Econ. Opportunity of Luzame County 163 Amber Lane WilkesBarre, PA 18702 (570)826-0510 (800) 822-0359 *Wyoming Congreso 216 West Somerset Street Philadelphia, PA 19133 (215)763.9870 • hitadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 6273100 'Philadelphia Credit Counseling Center 832 Second Street Pike Richboro, PA 18964 (215) 396-1880 'Backe Fair Housing Partnership of Greater Pittsburgh, Intercultural Family Services Inc. Inc. 4225 Chestnut Street 2840 Liberity Ave., Suite 205 Philadelphia, PA 19104 Pittsburgh, PA 15222 (215) 3136-1298 (412) 391-2535 •Phladelphia 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 'Fayette, Somerset Korean Comm. Develop. Services Center 6055 North 5th Street Philadelphia, PA 18505 (215) 276-W30 *Philadelphia FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 *Bucks, Chester, Delaware, Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412) 665-5200 'Allegheny Germantown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 'Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 'Bucks, Chester, Delaware, Philadelphia Hispanic Alliance for Community Advancement 2740 North Front Street Philadelphia, PA 19133 (215) 667-8932 'Monroe Housing Assoc, of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 'Philadelphia, Monroe Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 728-7511 'Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610)518-1522 'Chester, Delaware, Montgomery Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 658-7258 'Lawrence Liberty Resources 714 Market Street, Stilts 100 Philadelphia, PA 19106 (215) 634-2000 `Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 'Cumberland, Dauphin, Perry Lycom-Clntn Co Comm fo Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570)326.0587 'Centre, Clinton, Lycoming, Union Marenatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 'Adams, Cumberland, Franklin, Fuiton, Perry Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 'Chester, Delaware Mon Valley Unemployment Committee 1800 West SL, 3rd Floor Homestead, PA 15120 (412)462-9962 •Allagheny, Washington, Westmoreland Mt Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215)844.6021 'Philadelphia Nazareth Housing Services 301 Bellevue Road Pittsburgh, PA 15229 (412) 931-6996 'Allegheny It r Neighborhood Housing Services of Reading 213 N 5th SL, Suite 1030 Reading, PA 19601 (610) 372-8433 'Barks Neighborhood Housing Services, Inc. 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 `Allegheny New Kensignton Community Development 2515 Franldord Avenue Philadelphia, PA 19125 (215) 427-0350 'Warren The NORCAM Group 4200 Crawford Avenue Suite 200 Northam Cambria, PA 15714 (814) 948-4444 'Cambria, Clearfield Northam Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814) 4861161 *Camemn, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 'Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanza 4251 North 5th Street Philadelphia, PA 19140 (215) 324-0746 *Philadelphia Opportunity Inc. 301 East Market Street York, PA 17403 (717) 424-3645 'Montgomery The Partnership CDC 4020 Market Street, Suite 100 Philadelphia, PA 19104 (215) 662-1612 *Monroe Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 `Allegheny Indicates Counties Serviced PHFA 211 North Front Street Harrisburg, PA 17110 (500-) 342-2397 'Cumberland, Dauphin Philadelphia Council for Comm. Advmnt 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 (800) 930-4663 'Chester, Delaware, Montgomery, Philadelphia Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 'Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 'Barks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrel, PA 16121 (724) 981-5310 `Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 *Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 'Montgomery SL Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-0113 *Crawford, Erie, Venargo, Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 446-9628 `Cambria, Fayette, Somerset, Westmoreland Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 (800)788-5062 *Chester, Lancaster, Lebanon The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 (800)982.4045 'Susquehanna The Trehab Center of Northeastern PA 115 SR 92S Tunkhannock,PA 18657 (570) 836-0840 (800)982.4045 'Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 (800) 982-4045 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 (800) 982-4045 *Tioga The Trehab Center of Northeastern PA German Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 (800) 98211045 'Sullivan The Trehab Carder of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570) 888-0412 (800) 982-4045 `Bradford United Communties Southeast Philadelphia 2029 South Sth Street Philadelphia, PA 19148 (215) 467-8700 `Philadelphia United Neighborhood Centers of Northeastern PA 425 Alder Street Scranton, PA 18505 (570) 346-0759 'Lackawanna, Wyoming, Wayne, Luzeme Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 `Bucks, Delaware, Philadelphia Urban League of Philadelphia 610 Wood Street Pittsburgh, PA 15229 (412) 931.6996 'Allegheny Voices for Independence 1107 Payne Avenue Erie, PA 16503 (814) 874-0064 (800)838-9890 *Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (614) 726-2400 *Forest, Waren West Oak Lane CDC 6259 Limekiln Pike Philadelphia, PA 1914 (215) 224-0880 'Monroe Y An important message from the Federal Trade Commission Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can stop your foreclosure!" "97% success rate!" "Guaranteed to save your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance - and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some scammers offer to handle financial arrangements for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government. If you want to contact a government agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD-Certified Counseling Agency - For Free. If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1-888-995 -HOPE for free personalized advice from housing counseling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. For free guidance online, visit www.hopenow.com. For free information on the President's plan to help homeowners, visit www.maldnghomeaffordable.gov. Federal Trade Commission ftc.gov/MoneyMatters Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM Hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov i3rHOPENOw Support d Guidance For Homeowners ???, SM MAKING HOME AFFORDABLE.GOv I It VERIFICATION I, Gregory Javardian, attorney for Plaintiff, verify that all statements of fact in the foregoing are based on representations and documents of my client, and that such are true and correct to the best of my information and belief. I further verify that I was unable to obtain my client's written verification prior to the filing of the foregoing pleading, but intend to obtain such verification and substitute it for my own herein in due course. I make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: /b ?fo d ??? l Gr ory J ar a , Esquire A torney for P tiff ?i [a CK?- 5.Z?roy p--o- a3zi97 Sheriffs Office of Cumberland County R Thomas Kline Sheriff :i. Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor EMC Mortgage Corporation vs. Vickie A. Thorson ° I + r Case Number 2009-7132 SHERIFF'S RETURN OF SERVICE 10/20/2009 07:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joe Davis occupant, by making known unto Vickie Thorson, wife of occupant at 111 West South Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/20/2009 07:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Vickie A. Thorson, by making known unto herself personally, at 111 West South Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handinc to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 October 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy eriff LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D Plaintiff vs. VICKIE A. THORSON A/K/A VICKIE L. THORSON Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-7132 PRAECIPE TO SUBSTITUTE VERIFICATION TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: Kindly substitute the verification that was attached to the Complaint for that of the plaintiff's personal verification, as it relates to the above-referenced matter. Respectfully submitted, /Attorney gory J ard' , Esquire for P ' Ztiff '_'I ----I VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Rose Hunter Specialist EMC Mortgage Corporation, Attorney- in-fact for Deutsche Bank National Trust Company as Trustee, f/k/a Bankers Trust Company of California, N.A. as Custodian or Trustee for UCFC Loan Trust 1998-D BLED-CF, ICE OF THE FF')'NONOTARY 2009 NOY -2 PM 3: 10 PENNSYLVANIA FILED-~~i-iCE c~F THE E~~ i ~±!~~!(~1'ARY LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 Za~o JUP~ 24 A~! ~~~ 06 CUL`~ti3w:r,~,~~:~~u ~~;EJi~MY PEr JPJ~'fLV~iA EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D 7301 BAYMEADOWS WAY JACKSONVILLE, FL 32256 vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against VICKIE A. THORSON, A/K/A VICKIE L. THORSON, Defendant, for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As Set forth in Complaint $74,368.67 Interest 10/07/09 to 06/22/10 4,380.84 TOTAL $78,749.51 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GRE R JAVARDIAN, ESQUIRE Atto y r Plaintiff Damages are hereby assessed as indicated. ~ s/y ~ p°~ °.~~ DATE: o2.y old/G ~(G~'3'~y7~ PRO PROTH ~~« ~~~~ EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, NA. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 199$-D Plaintiff v. VICKIE A. THORSON A/K/A VICKIE L. THORSON Defendants In The Court of Common Pleas Cumberland County No. 09-7132 CV TO: VICKIE A. THORSON A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 VICKIE A. THORSON A/K/A VICKIE L. THORSON 111 SOUTH WEST STREET CARLISLE, PA 17013 DATE OF NOTICE: JUNE 9, 2010 NOTICE, RULE 237.1 A~IPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment maybe entered against you without a hearing and you may lose your properly or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Baz Association 32 South Bedford Street Cazlisle, PA 17013 " (800)990-910 (717) 249-31 t ~" ;~~"~ ^~`. ~~' Gregory Javazdian, Esquire 1310 Industrial Boulevazd 1~` Floor, Suite 101 Southampton, PA 18966 (215)942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la action requiida de su parte en este caso. Al no tomaz la action debida dentro de un termino de diez (10) dial de esta notification, el tnbunal pods, sin necesidad de compararecer usted en torte o escuchaz prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevaz esta notification a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direction se encuentra escrita abajo pars averiguaz donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant, VICKIE A. THORSON, A/K/A VICKIE L. THORSON, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, VICKIE A. THORSON, A/K/A VICKIE L. THORSON, is over 18 years of age, and resides at 111 WEST SOUTH STREET, CARLISLE, PA 17013. (c) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D , is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 7301 BAYMEADOWS WAY, JACKSONVILLE, FL 32256. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GREG R JAVARDIAN, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA ] 7013 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM Plaintiff vs. VICKIE A. THORSON, AIK/A VICKIE L. THORSON Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default _ Money Judgment _ Judgment in Replevin _ Judgment for Possession by Default Judgment on Award of Arbitration - Judgment on Verdict - Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Gregory Javardian, Esquire at this telephone number: (215) 942-9690. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D 7301 BAYMEADOWS WAY JACKSONVILLE, FL 32256 vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 11 I WEST SOUTH STREET CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 06/22/10 to Date of Sale @ $12.94 per diem Subtotal (Cost be added) 5 - a4. oo P0 A'r't'/ S 1ti-Do II It Q4/ s4.y? Cas; Q? /&K q6 0 A- f I- 06 tie Co 4, 5-6 7)L,-e J-4- C* 5553a 0'Q4T541{ RE u)'La l COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM $78,749.51 Rlr.? f 3 tb t AVARDIAN, ESQUIRE Plaintiff I.D. #.55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 .A - .s ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non-profit corporation, by Deed dated and recorded January 30, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. PARCEL NO.: 04-21-0320-281 0 1 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D COURT OF COMMON PLEAS _ P 91 CUMBERLAND COUNTY, t Y? Lr ?.J No.: 09-7132 CIVIL TERM cf O vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 111 WEST SOUTH STREET, CARLISLE, PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) VICKIE A. THORSON, A/K/A 111 WEST SOUTH STREET VICKIE L. THORSON CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Northwest Consumer Discount Co. 4813 Jonestown Road, Suite 107 Harrisburg, PA 17109 t 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. United Credit Card Bank NA 8550 United Plaza Boulevard, Suite 203 Baton Rouge, LA 70809 Carlisle Opportunity Homes, Inc. Carlisle Opportunity Homes, Inc. Redevelopment Authority of the County of Cumberland for the Borough of Carlisle Administering for CDBG Program P.O. Box 517 Carlisle, PA 17013 60 West Penn Street Carlisle, PA 17013 114 North Hanover Street, Suite 104 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 W 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 111 WEST SOUTH STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G RY JAVARDIAN, ESQUIRE tt ey for Plaintiff August 30, 2010 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D vs. COURT OF COMMON PLEAS _ ? rya CUMBERLAND COUNTY m ? : 09-7132 CIVIL TERM No sw -' . ? r VICKIE A. THORSON, A/K/A VICKIE L. THORSON CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied O Vacant O Commercial O As a result of Complaint in Assumpsit (X) Act 91 complied with t JAVARDIAN, ESQUIRE - Plaintiff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS CUMBERLAND COUNTY TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON No.: 09-7132 CIVIL TERM c..n 3 ? r+m s n -r3 n U f' s 71 «?7 0 rn C .. ?{ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 Your house (real estate) at 111 WEST SOUTH STREET. CARLISLE PA 17013, is scheduled to be sold at Sheriffs Sale on DECEMBER 8, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $78,749.51, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. N 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non-profit corporation, by Deed dated and recorded January 30, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. PARCEL NO.: 04-21-0320-281 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-7132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, FWA BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D Plaintiff (s) From VICKIE A. THORSON AfK/A VICKIE L. THORSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$78,749.51 L.L.$.50 Interest FROM 06/22/10 TO DATE OF SALE @ $12.94 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Other CostsTO BE ADDED Date: SEPTEMBER 1, 2010 (Seal) REQUESTING PARTY: Name GREGORY JAVARDIAN, ESQUIRE Deputy Address: POWERS, KIRN & JAVARDIAN, LLC, 1310 INDUSTRIAL BOULEVARD, SUITE 101, SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 55669 21t/; ,D) D. uell, Prothonotary By: r • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-CI: I" ICE Sheriff r, I KE P R 0 T H 0 N 0 TA ??`t?tty a1 ?nvrrbrMf?j?? Jody S Smith Chief Deputy z- 21j', ! APR I I Aft ICJ: 391 Richard W Stewart CUMBERLAND COUN1- Y Solicitor OFFI OFT"` MFF PENNSYLVANIA EMC Mortgage Corporation vs. Case Number . Vickie A. Thorson 2009-7132 SHERIFF'S RETURN OF SERVICE 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1654 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Vickie A. Thorson, located at, 111 West South Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/18/2010 12:33 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 10-18-10 at 1223 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Vicki A. Thorson, by making known unto, Vickie A. Thorson, personally, at, 111 West South Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/01/2010 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/26/2011 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Javardian on 4/5/11. SHERIFF COST: $769.69 SO ANSWERS, April 08, 2011 RON R ANDERSON, SHERIFF V6 ?a ac?zx eIl,&? &I Al II R=16---c2s`?Afy ici Count, Suite S henft. 7e,easoft . Inc. EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT,FOR DEUTSCHE BANK NATIONAL TRUST COMPANY TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON COURT OF COMMON PLEAS AS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 111 WEST SOUTH STREET, CARLISLE, PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) VICKIE A. THORSON, A/K/A 111 WEST SOUTH STREET VICKIE L. THORSON CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: VICKIE A. THORSON, A/K/A 111 WEST SOUTH STREET VICKIE L. THORSON CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Northwest Consumer Discount Co. 4813 Jonestown Road, Suite 107 Harrisburg, PA 17109 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. United Credit Card Bank NA 8550 United Plaza Boulevard, Suite 203 Baton Rouge, LA 70809 Carlisle Opportunity Homes, Inc. Carlisle Opportunity Homes, Inc. P.O. Box 517 Carlisle, PA 17013 60 West Penn Street Carlisle, PA 17013 Redevelopment Authority of the 114 North Hanover Street, Suite 104 County of Cumberland for the Carlisle, PA 17013 Borough of Carlisle Administering for CDBG Program 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 111 WEST SOUTH STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. G RY JAVARDIAN, ESQUIRE Ty for Plaintiff August 30, 2010 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM LOAN TRUST 1998-D vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied () Vacant O Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with JAVARDIAN, ESQUIRE r Plaintiff iI LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC COURT OF COMMON PLEAS AS CUMBERLAND COUNTY No.: 09-7132 CIVIL TERM LOAN TRUST 1998-D VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 WEST SOUTH STREET CARLISLE, PA 17013 Your house (real estate) at 111 WEST SOUTH STREET, CARLISLE, PA 17013, is scheduled to be sold at Sheriffs Sale on DECEMBER 8, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $78,749.51, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2{ 15) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non-profit corporation, by Deed dated and recorded January 30, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. PARCEL NO.: 04-21-0320-281 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-7132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D Plaintiff (s) From VICKIE A. THORSON A/K/A VICKIE L. THORSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$78,749.51 L.L.$.50 Interest FROM 06/22/10 TO DATE OF SALE @ $12.94 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Other CostsTO BE ADDED Date: SEPTEMBER 1, 2010 (Seal) I David thono ry By: Deputy REQUESTING PARTY: Name GREGORY JAVARDIAN, ESQUIRE Address: POWERS, KIRN & JAVARDIAN, LLC, 1310 INDUSTRIAL BOULEVARD, SUITE 101, SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 55669 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 111 West South Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: 4 Real Estate Coordinator ?? L • k. • 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r CUMBERLAND LAW JOURNAL Writ No. 2009-7132 Civil EMC Mortgage Corporation, Attorney in Fact for Deuutsche Bank National Trust Company as Trustee, f/k/a Bankers Trust Company of California, N.A., as Custodian or Trustee for UCFC Loan Trust 1998-D VS. Vickie A. Thorson Atty.: Gregory Javardian ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point be- ing 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street. BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non-profit corporation, by Deed dated and recorded January 30, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. PARCEL NO.: 04-21-0320-281. 121 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 (7 f 1 Sworn to and subscribed b re me this 19Aa of November, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisser, Notary Put)ilr a I Lower Paxton Twp., Dauphin 03unLy L My Commission Expires Nov. 26, 2011 i Member, Pennsylvania Association cf Notaries 2009-7,1*,CWH 7brtn 9 Thist Con4wny as*^*to% f0Wq fankars 7hW of Via, N.A., as Cmm"mbn or' hnfto 4M Loan Twat 19WO Vs Vldit A. Thorson Attlr: any iwmrcftn ALL THAT CERTAIN tract of land situate in the Third Weed of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ' BEGINNING at the Southeastern comer of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eestwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwatdly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardty along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 fect, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house (mown as No. 111 West South Street BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non- profit corporation, by Deed dated and recorded January 30,19% in the Offte`of the Recorder of Deeds of C1mWW County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. PARCEL NO.: 04-21-0320-281 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST IN THE COURT OF COMMON PLEAS COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D of Cumberland County c/o 3415 Vision Drive Columbus, OH 43219 CIVIL ACTION - LAW VS. Plaintiff VICKIE A. THORSON, A/K/A VICKIE L. THORSON Mortgagor(s) and Record Owner(s) I 1 I West South Street Carlisle, PA 17013 Defendant(s) TO THE PROTHONOTARY: ACTION OF MORTGAGE FORECLOSURE No. 09-7132 CV :1; _ PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: O 461$.5o Pir-? ATrY 14-40 car 7109.94 98-50 k 14.00 ay. 00 - 9to 39 - PI) A-rrj $ol.a5 DUE Cp &7as5o(o ?o o28yy?7 Amount Due Interest from 6/23/2010 to Date of Sale per diem at $12.94 (Costs to be added) $78,749.51 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff a_ ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Southeastern corner of land now or formerly of Ann Leonard Estate, said point being 30 feet, more or less, East of the 10 foot alley which runs from West South Street to Chapel Alley and said point being on the northern side of West South Street; thence eastwardly along West South Street, 20 feet 2 inches, more or less, to land now or formerly of John Boyd; thence northwardly along said land, 32 feet to a point; thence eastwardly by the same, 6 feet 6 inches to a point; thence northwardly along the same, 24 feet, more or less, to land now or formerly of Mrs. M. Duncan; thence westwardly along said land 26 feet, more or less, to land now or formerly of the Ann Leonard Estate; thence southwardly 60 feet, more or less, to the place of BEGINNING. BEING improved with a two-story frame dwelling house known as No. 111 West South Street. BEING THE SAME PREMISES which Carlisle Opportunity Homes, Inc., a non-profit corporation, by Deed dated and recorded January 30, 1996 in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 134 Page 424 granted and conveyed unto VICKIE A. THORSON. MUNICIPALITY THIRD WARD OF THE BOROUGH OF CARLISLE BEING PREMISES: 111 West South Street, Carlisle PA 17013 SOLD as the property of VICKIE A. THORSON, A/K/A VICKIE L. THORSON TAX PARCEL #04-21-0320-281 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive Columbus, OH 43219 Plaintiff vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON Mortgagor(s) and Record Owner(s) 111 West South Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-7132 CV CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: KML t,-Ak'F GROUP, P.C. , Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 - Lisa Lee Pa. ID 78020 .: -- Kristina Murtha Pa. ID 61858 o David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 - Jill P. Jenkins Pa. ID 306588 l Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CU EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-1) Plaintiff vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON Defendant(s) WBERLAND COUNTY, PENNSYLVANIA NO. 09-7132 CV VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): VICKIE A. THORSON, A/K/A VICKIE L. THORSON, has a last known residence of 111 West South Street, Carlisle, PA 17013. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X__ Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. u o ies. C.S.A. 4904 rela ing to unsworn falsification W Date By: KML LA , P.C. Michael cK ever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa_ ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gomall Pa. ID 92382 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report /want to Servicemembers Civil Relief Act Last Name: THORSON First Name: VICKIE Middle Name: A. Active Duty Status As Of: Dec-07-2012 Results as of : Dec-07-2012 09:05:00 SCRA 2.3 On Active Duty On Active Duty Status Date Active Duty Start Date. Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects when: the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her'Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notfication End Date status Service component NA NA No NA This response reflects whether the individual or his/her and has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. W fit Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp:/twww.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty. Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: OSTJERVB45 Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Relief Act Last Name: THORSON First Name: VICKIE Middle Name: L. Active Duty Status As Of: Dec-07-2012 Results as of : Dec-07-2012 09:05:34 SCRA 2.3 On Active Duty On Active Duly Status Date '.' Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Wahl n 367. Days of Active Duty Statue Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-1$r to Active Duty on Active Duly Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA. No NA This response reflects whether the individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. W LAa..j- fol _4?m_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 7VTQ8MF06E rs KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY- IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive Columbus, OH 43219 vs. Plaintiff VICKIE A. THORSON, A/K/A VICKIE L. THORSON (Mortgagor(s) and Record Owner(s)) 1 I 1 West South Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-7132 CV EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 111 West South Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ?-? VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 West South Street ° r . Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 West South Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE /0 NORTHWEST CONSUMER DISCOUNT CO 4813 Jonestown Road Suite 107 Harrisburg, PA 17109 4. Name and address of the last recorded holder of every mortgage of record: UNITED CREDIT CARD BANK NA 8550 United Plaza Blvd, Ste 203 Baton Rouge, LA 70809 CARLISLE OPPORTUNITY HOMES INC 60 West Penn Street Carlisle, PA 17013 CARLISLE OPPORTUNITY HOMES INC POBox 517 Carlisle, PA 17013 REDEVELOPMENT AUTHORITY OFTHECOUNTY OF CUMBERLAND FOR THEBOROUGH OFCARLISLE 114 North Hanover Street Suite 104 Carlisle, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS I I 1 West South Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authodties. 6 DATED: By: KML W UP, P.C. Michae MeK ver Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua L Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 09-1 132 CV gML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street 19106 Philadelphia> (215) 627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION, BANK PADN DEUTSCHE TRUSSTEE, ATTORNEY-IN-FACT FOR NATIONAL TRUST COM F/K/A BANKERS TRUST CUSTODIAN OR CALIFORNIA, N A AS TRUSTEE FOR UCFC LOAN TRUST 1999-D c/o 3415 Vision Drive Columbus, OH 43219 Plaintiff VS. VICKIE A. THORSON, A/K/A VICKIE L. THORSON Mortgagor(s) and Record Owner(s) 111 West South Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 09-7132 CV 'C ( 3 FV a ATTEMPTING AW FIRM IS A DEBT COLLECTOR TNODY U IN AN ATTEMPT TO O THIS L COLLECT A DEBT. THIS NOTICE IS SENT COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THORSON, AIKIA VICKIE L. THORSON, VICKIE A- VICKIE A. THORSON, AIKJA VICKIE L. THORSON 111 West South Street Carlisle, PA 17013 Sheriffs Sale se at 111 West South Street, Carlisle, PA 17013 is Hear . a Rm scheduled 2nd to ORATION, FL be ATTORNEY-IN- 49-51 at Courthouse to enforce your hou Commissione on Wednesday, June 05, 2013, at obtained A in d EMC MORTGAGE COR TRUSTEE, FK/ BANKERS the court judgment of $78,7 BANK by FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TODIAN OR TRUSTEE FOR TRUST COMPANY OF CALIFORNIA, N.A. AS CUS UCFC LOAN TRUST 1998-D against you- NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 09-7132 CV 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is tiled. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.12hiladell2hiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGALSF,RVICF,S INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 A. 09-7132 CV Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 116992FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION EMC MORTGAGE CORPORATION, ATTORNEY- IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive Columbus, OH 43219 Plaintiff vs. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 West South Street Carlisle, PA 17013 Defendant(s) Term No. 09-7132 CV ACTION OF MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VICKIE A. THORSON A/K/A VICKIE L. THORSON Your house (real estate) at (address) 111 West South Street Carlisle PA 17013 is scheduled to be sold at Sheriff's Sale on (date): 6/5/2013 (time): 10:00 a.m. (place of sale):_ Commissioners Hearing Room - 2nd floor Cumberland County Courthouse to enforce the court judgment of $78,749.5 1, obtained by the judgment creditor against you. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-7132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY- IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, f/k/a BANKERS TRUST COMPANY OF CALIFORNIA, N.A., as Custodian or Trustee for UCFC LOAN TRUST 1998-D, Plaintiff (s) From VICKIE A. THORSON a/k/a VICKIE L. THORSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $78,749.51 L. L.: Interest from 6/23/10 to Date of Sale per diem at $12.94 Atty's Comm: Due Prothy: $2.25 Atty Paid: $964.39 Other Costs: Plaintiff Paid: Date: 12/20/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JILL P. JENKINS, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 306588 KML LAW GROUP,P.C. 116992FC Suite 5000 CF: 10/19/2009 BNY Mellon Independence Center SD: 06/05/2013 701 Market Street $78,749.51.----. Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, of Cumberland County F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR CIVIL ACTION—LAW TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive ACTION OF MORTGAGE FORECLOSURE Columbus, OH 43219 Plaintiff Term vs. No. 09-7132 CV VICKIE A. THORSON,A/K/A VICKIE L. THORSON Mortgagor(s)and .a Record Owner(s) "C rn ,1 111 West South Street -- Carlisle,PA 17013 �.�. ° °-4 C Defendant(s) ["C c�ri .� CERTIFICATE OF SERVICE `�� -- ` PURSUANT TO Pa.R.C.P.3129.2 (c) (2) Robert Murray, an employee of KML Law Group,P.C.,counsel of Plaintiff,hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/competent adult(As per Sherry at the so,def. personally served at the property on 4/3/13). ( ) Certified mail by KML Law Group,P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KMI,Law Group,P.C. to Attorney for Defendant(s)of record(proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s)of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult(copy of return attached). ( ) Certified Mail&ordinary mail by Sheriffs Office(copy of return attached). ( ) Certified Mail&ordinary mail by KML Law Group,P.C. (original receipt(s)for Certified Mail attached). ( ) Published in accordance with court order(copy of publication attached). Pursuant to the Affidavit under Rule 3129(copy attached),service on all lienholders(if any)has been made by ordinary mail KML Law Group,P.C.(copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Res ctfully submitted, BY: Ro rt ay Legal Assistant Name and Address of Sender Check type of man or servfoe: - Affix Stamp HemPO�, GOLDBECK ❑Certified ❑ Recorded DeWery9memational) �N�ficatteoafmaling. SUITE-5000 ❑Coo ❑ Registered . or for addroonalcopies 701 MARKET STREET wfy ❑Delivery Confirmation ❑Return Receipt for Merchandise of this bill) � PHILADELPHIA,PA ❑Evress Mal ❑signature Confirmation Postma*and 19106-1532 Date of Recelot 02 1M 'S 03.52 HeMSng A OOQ4285957: .JAN03_20.13 Ankle Number Addressee(Name,Sheet,ay,State,&ZIP Code) Postage Fee tUM 7JP.L:77lDE t®1,06 1• DOMESTIC RELATIONS OF CUMBERLAND UNITED CREDIT C ARD BAt IK ° COUNTY 8550 United Plaza Ivd,Ste 03 Ct>rtTfry PO Box 320 - Baton R ugh;lA 7 09 Carlisle,PA 17013 2' PA DEPARTMENT OF PUBLIC WELFARE- 60 West Penn Stre A Bureau of Child Support Enforcement Carlisle,PA 17013 Health and Welfare Bldg.-Room 432 d; >; 3. Harrisburg,PA 17105-2675 POBox 17 Carlisle,PA 17013 NORTHWEST CONSUMER DISCOUNT CO 4813 Jonestown Road Suite 107 REDEVELOPMEN AUTHO ITY Hanisbuig,PA 71109 4 THEBO OUGH OFCARLISLE 114 Not h Hanover Street Sue 104 Carlisle,PA 17013 �4 5• TENAN S/OCCUP NTS ty 111 W t South Sti set Cadisle,PA 17013 6. 7• i 8. Total Number of Piece Toted Number of Pieces Postmaster,Per(Name of recelvi oyee) - Usted by Sander Recehmd at Post Office See Privacy Act Statement on Reverse - ,,S PS Forth 3877,Feb ) Com ntary 2002(Page 1 of 1 P Y Typewriter,Ink,br Ball Point Pen .116992FC Cumberland County Sale Date:06/05/2013 VICKIE A.THORSON.A/K/A VICKIE L:THORSON KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 215-825-6320 Attorney for Plaintiff EMC MORTGAGE CORPORATION,ATTORNEY- IN THE COURT OF COMMON PLEAS IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,F/K/A of Cumberland County BANKERS TRUST COMPANY OF CALIFORNIA, N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D CIVIL ACTION-LAW c/o 3415 Vision Drive Columbus,OH 43219 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Term No. 09-7132 CV VICKIE A.THORSON,A/K/A VICKIE L. THORSON Mortgagor(s)and Record Owner(s) 111 West South Street Carlisle,PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D,Plaintiff in the above action, by and through an authorized employee of its attorneys,KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 111 West South Street Carlisle,PA 17013 l.Name and address of Owner(s)or Reputed Owner(s): VICKIE A. THORSON,A/K/A VICKIE L. THORSON 111 West South Street Carlisle,PA 17013 2.Name and address of Defendant(s)in the judgment: VICKIE A. THORSON,A/K/A VICKIE L. THORSON 111 West South Street Carlisle,PA 17013 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 NORTHWEST CONSUMER DISCOUNT CO 4813 Jonestown Road Suite 107 Harrisburg,PA 17109 4.Name and address of the last recorded holder of every mortgage of record: UNITED CREDIT CARD BANK NA 8550 United Plaza Blvd, Ste 203 Baton Rouge,LA 70809 CARLISLE OPPORTUNITY HOMES INC 60 West Penn Street Carlisle,PA 17013 CARLISLE OPPORTUNITY HOMES INC POBox 517 Carlisle,PA 17013 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR THEBOROUGH OFCARLISLE 114 North Hanover Street Suite 104 Carlisle,PA 17013 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 111 West South Street Carlisle,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 9,2013 KML La ro I.C. BY: Robert Mu y Legal Assistant KML LAW GROUP, P.C. `' P ;'0 Suite 5000—BNY Mellon Independence Center 701 Market Street '' ` I� �} All 1/: Philadelphia, PA 19106 CUltlBERL 1 Attorney for Plaintiff PENNSYLVANIA �� EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST IN THE COURT OF COMMON PLEAS COMPANY OF CALIFORNIA,N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D OF Cumberland COUNTY c/o 3415 Vision Drive Columbus,OH 43219 CIVIL ACTION—LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE VICKIE A. THORSON, A/K/A VICKIE L. THORSON (Mortgagor(s)and Record Owner(s)) No. 09-7132 CV 111 West South Street Carlisle, PA 17013 Defendant(s) Y PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P.2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of DEUTSCHE BANK NATIONAL TRUST COMPANY FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF UCFC LOAN TRUST 1998-D for Voluntary Substitution under Pa.R.C.P. 2352 due to Assignment of Mortgage and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the new Plaintiff is 7757 Bayberry Road, Mail Stop- 171-5-7701,Jacksonv' e FL, 922 By: V�KRXIL LAW GROUP,P.C. ichael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff Q Q.Sd - �� P do P il # -73 goc", o`- �.#- KML LAW GROUP,P.C. Suite 5000—BNY Mellon independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A. AS CUSTODIAN OR OF Cumberland COUNTY TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive CIVIL ACTION—LAW Columbus,OH 43219 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. VICKIE A,THORSON, A/K/A VICKIE L.THORSON No.09-7132 CV (Mortgagor(s)and Record Owner(s)) I I 1 West South Street Carlisle, PA 17013 Defendant(s) i STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P.2352 DEUTSCHE BANK NATIONAL TRUST COMPANY FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A.,AS TRUSTEE FOR THE CERTIFICAT'EHOLDERS OF UCFC LOAN TRUST 1998-D,by counsel,hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: 1. The above-captioned Action of Mortgage Foreclosure relates to a property located at I 1 I West South Street Carlisle,PA 17013("Property"). 2. Plaintiff holds a mortgage on the Property which is recorded at Mortgage Book 1495, Page 548 in the Office of the Recorder of Deeds for Cumberland County. 3. The original Plaintiff in this action is EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D. 4. DEUTSCHE BANK NATIONAL TRUST COMPANY FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A.,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF UCFC LOAN TRUST 1998-D is the successor in interest to the Plaintiff by an assignment of mortgage recorded in land records of Cumberland.County on February 26,2010 in Instrument# 201024952 and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. Respectfully submitted, By: L LAW G , P.C. ichael McKeever Pa.ID 56129 Jay E.Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 _ Thornas Puleo Pa. ID 27615 Jill P. Jenkins Pa.1D 306588 Alyk L.Oflazian Pa. ID 312912 Attorneys for Plaintiff KML LAW GROUP, P.C. SUITE 5000—BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, IN THE COURT OF COMMON PLEAS F/K/A BANKERS TRUST COMPANY OF OF Cumberland COUNTY CALIFORNIA,N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D CIVIL ACTION - LAW c/o 3415 Vision Drive Columbus, OH 43219 ACTION OF MORTGAGE Plaintiff FORECLOSURE vs. VICKIE A. THORSON, A/K/A VICKIE L. Term THORSON No. 09-7132 CV (Mortgagor(s)and Record Owner(s)) 1 11 West South Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE Doris Guzman, hereby certifies that he/she did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on—MA_' w_ VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 West South Street Carlisle, PA 1.7013 By: KM*Law up, P.C. Doris Guzman, Legal Assistant Dguziiiaii@kmilawgroup.com 215-825-6402 (Direct Phone) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' Sheriff q,,y'Vi'# 01I3�i9P}f�,r1Q ?r fib f1�J �l'1f�tk. Jody S Smith *)N Chief Deputy 23 Arl 10: 1 Richard W Stewart Solicitor OPPME OF THE SHERIFF ��MBLRLA?4D Lou 4i PEMNs YLVAMA EMC Mortgage Corporation Case Number vs. Vickie A. Thorson 2009-7132 SHERIFF'S RETURN OF SERVICE 04/01/2013 07:53 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 111 West South Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04/03/2013 10:35 AM -Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Vickie A. Thorson at 111 West South Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Jill Jenkins, on behalf of Deutsche Bank National Trust Company, F/K/A Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-D, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $814.43 SO ANSWERS, July 01, 2013 RONNY R ANDERSON, SHERIFF �f.OD p'l• a�6 a�3 (c)CounrySuite Sheriff,Teleosoft,Iro. KML Law Group,F.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION,ATTORNEY- IN-FACT FOR DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS TRUST COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, of Cumberland County N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive CIVIL ACTION-LAW Columbus, OH 43219 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE VICKIE A. THORSON,A/K/A VICKIE L. THORSON (Mortgagor(s) and Record Owner(s)) No. 09-7132 CV 111 West South Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION,ATTORNEY-IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D,Plaintiff in the above action,by counsel, KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 111 West South Street Carlisle,PA 17013 1.Name and address of Owner(s)or Reputed Owner(s): VICKIE A.THORSON,A/K/A VICKIE L.THORSON 111 West South Street Carlisle,PA 17013 2.Name and address of Defendant(s)in the judgment: VICKIE A. THORSON,A/K/A VICKIE L.THORSON 111 West South Street Carlisle, PA 17013 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 09-7132 CV 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if C> the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.To find out if this has happened,you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center! http://www.philadelphiafed.orgiforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 09-7132 CV Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hU://www.j2hfa.org/consumers/homeowners/real.a.spx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllaworoup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 116992FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 09-7132 CV KMI,Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR DEUTSCHE BANK IN THE COURT OF COMMON PLEAS NATIONAL TRUST COMPANY AS TRUSTEE, F/K/A BANKERS TRUST COMPANY OF of Cumberland County CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D c/o 3415 Vision Drive CIVIL ACTION-LAW Columbus, OH 43219 Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. VICKIE A. THORSON,A/K/A VICKIE L. THORSON Docket No.09-7132 CV Mortgagor(s) and Record Owner(s) 111 West South Street Carlisle,PA 17013 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THORSON,A/K/A VICKIE L THORSON,VICKIE A. VICKIE A. THORSON, A/K/A VICKIE L. THORSON 111 West South Street Carlisle,PA 17013 Your house at 111 West South Street,Carlisle,PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday,June 05,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$78,749.51 obtained by EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,F/K/A BANKERS TRUST COMPANY OF CALIFORNIA,N.A. AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 09-7132 CV 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION,ATTORNEY-IN- FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,FIKIA BANKERS TRUST COMPANY OF CALIFORNIA,N.A.AS CUSTODIAN OR TRUSTEE FOR UCFC LOAN TRUST 1998-D,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I.- If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the fall amount due in the sale.To find out if this has happened,you may call the Sheriff of 717-240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer-At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed, 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hypwwww.philadelphiafed. zT -r o eclosu o -L 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 FIND HER U CAN GET LEGAL 'LEpHONE THE OFFICE LISTED BELOW To OUT WHERE YOU HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 09-7132 CV Resources available for Homeowners in Foreclosure ACT NOW'. Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 116992FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-7132 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION,ATTORNEY- IN-FACT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, f/Wa BANKERS TRUST COMPANY OF CALIFORNIA,N.A.,as Custodian or Trustee for UCFC LOAN TRUST 1998-D, Plaintiff(s) From VICKIE A. THORSON a/k/a VICKIE L. THORSON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $78,749.51 L.L.: Interest from 6/23/10 to Date of Sale per diem at$12.94 Atty's Comm: Due Prothy: $2.25 Atty Paid: $964.39 Other Costs: Plaintiff Paid: Date: 12/20/12 David D. Buell,Prothonotar (Seal) REQUESTING PARTY: Deputy Name: JILL P.JENKINS,ESQUIRE Address: KML LAW GROUP,P.C. SUITE 5000-BNY INDEPENDENCE CENTER TRUE COPY FROM RECORD In Tastimony whereof,I here unto set my hand 701 MARKET STREET and the seal of said ter`-urt'at Carlisle,Pa. PHILADELPHIA,PA 19106-1532 This d f �p-„� 20 (- Attorney for:PLAINTIFF e�ocp��\_= ,. Prothonotary Telephone: 215-627-1322 \ Supreme Court ID No.306588 ” On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 111 West South Street, Carlisle, Exhibit "A" filed With this Writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator V 1 Z 330 ZIOZ V *f\{ '.`. €• IL CUMBERLAND LAW JOURNAL Writ No. 2009-7132 Civil EMC MORTGAGE CORPORATION vs. VICKIE A.THORSON a/k/a Vickie L.Thorson Atty.:Jill Jenkins IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 111 West South Street,Carlisle,PA 17013. SOLD as the property of VICKIE A. THORSON a/k/a VICKIE L. THOR- SON. TAX PARCEL#04-21-0320-281. 76 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Lis Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXtws Suite 300 Mechanicsburg,"PA 1`1050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 04/16/13 i 2009-7132 Civil 04/23113 EMC MORTGAGE CORPORATION C— - 04/30/13 VS. VICKIE A.THORSON,,a/k/a VickleL.Thorson , , , , , , , , , , , , , , , , , , , , , , Atty: Jill Jenkins IMPROVEMENTS consist of a residential dwelling. Sworn t a d subscribed be a this 13 day of May, 2013 A.D. BEING PREMISES:ill west south street Carlisle,PA 17013 SOLD as the property of VICKIE A. THORSON, A/K.I A VICKIE L. N tary Public J�lu T HORSON. TAX PARCEL#04-21-0320-281 COMMONWEALTH OF PENNSYLVANIA Notarial seal Holly Lynn Warfel,Notary Public Washington Up.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which UCFC Loan Trust 1998-D is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 20th day of December, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7132, at the suit of UCFC Loan Trust 1998-D tr/aif against Vickie A aka Vickie L Thorson is duly recorded as Instrument Number 201324167. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. corder of Deeds tecorder of Deeds, umbedand County;Carfisle,pA My Commission Expires the Rrst Monday of Jan.2014