HomeMy WebLinkAbout10-0180
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
`?RGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, N.A., as Trustee for
MASTR Asset Backed Securities Trust
2004-OPT2
3 ADA
Irvine, California 92618
V.
Charles W. Marpoe, III.
336 Doubling Gap Rd
Newville, Pennsylvania 17241
and
Tammy L. Marpoe
336 Doubling Gap Road
Newville, Pennsylvania 17241
2010 JAN -5 PM 12: 00
CUMBEFJ44D
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 10 1$0 0,1V4 taro
CIVIL ACTIONIMORTGAGE FORECLOSURE
+4.1.00 PO PxT4
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NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisions de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust
2004-OPT2, a corporation duly organized and doing business at the above captioned address.
2. The Defendant is Charles W. Marpoe, Ill., who is the mortgagor and real owner of the
mortgaged property hereinafter described, and his last-known address is 336 Doubling Gap Rd, Newville,
Pennsylvania 17241.
3. The Defendant is Tammy L. Marpoe, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and her last-known address is 336 Doubling Gap Road, Newville,
Pennsylvania 17241.
4. On May 18, 2004, mortgagors made, executed and delivered a mortgage upon the premises
hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the
Recorder of Cumberland County in Mortgage Book 1868, Page 2329.
5. The aforesaid mortgage was thereafter assigned by Option One Mortgage Corporation to
Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2004-OPT2, by Assignment
of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 336 Doubling Gap Road, Newville, Pennsylvania 17241.
7. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due August 1, 2009 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $ 120,023.17
Interest through December 3, 2009 $ 3,692.29
(Plus $22.20 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 1,327.80
Corporate Advance $ 327.04
Escrow Advance $ 253.64
GRAND TOTAL $ 126,873.94
9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $126,873.94,
together with interest at the rate of $22.20 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
9v &<'c
Attorneys for Vaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C. '?XA'c
BY:
Attorne s for P aintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
3-3
WHEP rRECORDED MAIL TO:
OPTION ONE MORTGAGE CORP.
P.O. BOX 57096
IRVINE, CA 92619-7096
ATTN: RECORDS MANAGEMENT
Loan Number: 151024662
Servicing Number: 001341154-1
Parcel Number: 15-07-0483-034
ROScRT P. ZIE,GLER
;trCOa'." OF DEEDS
COUNTY-PA
li 11 03
(Spaee Above This L= For Recwdag Dotal
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on May 18 , 2004 The mortgagor is
CHARLES W. MARPOE, III AND
TAMMY L. MARPOE
("Borrower"). This Security Instrument is given to
Option One Mortgage Corporation, a California Corporation
which is organized and existing under the laws of CALIFORNIA , and whose
address is
3 Ada, Irvine, CA 92618 ("Lender").
Borrower owes Lender the principal sum of
ONE HUNDRED TWENTY SIX THOUSAND
).
... AND NO/100THs Dollars (U.S. $126,000.00
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 June 01, 2034
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 Note; (b) the payment of all other sums, with interest, advanced
under paragraph 7 to protect the security of this Security Instrument; and (e) 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
Cumberland County, Pennsylvania:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF.
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PENNSYLVANIA - Single Family
Page I of 10
PAD1001t (01112101)
A W JAX -
BK 1868PG2329
Loan Number: 151024662 Servicing Number: 001341154-1
which has the address of 336 DOUBLING GAP ROAD, NEWVILLE
Pennsylvania 17241-9446 ("Property Address");
[Zip Code]
Date: 05/18/04
[Street, City)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Ptepaytmcnt and Late Charges. Borrower shall promptly pay when
due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under
the Note.
2. Funds for Taxes and himmnoe. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum
("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien
on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property
insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any;
and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the
payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect
and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may
require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended
from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets
a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser
amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply
the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a
one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,
unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be
paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender
may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without
charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
Page 2 of 10 PAD10012 (01/12/01)
Gum J/O*
8K 1868PG2330
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall
account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of
the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify
Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to snake up the
deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole
discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21. Lender shall acquire or sell the Property, Lender,
prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or
sale as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts
payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under
the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents,
if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner,
Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall
promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which
in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien
an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other
hazards, including floods or flooding, for which Lender requires insurance. This insurance 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. If Borrower fails to maintain
coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
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 of loss, Borrower shall give prompt
notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance
proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any
such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in
its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured
by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in
its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or
Page 3 of 10
PAD 10013 (01112/0 1)
G„rle j//,y
8K 1868PG233 i
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
restoration of the Property to a condition satisfactory to Lender. 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, Lender may
collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment
of security or lack thereof, use the proceeds to repair or restore the Property or to pay the 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 I and 2 or change the amount
of the payments. 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.
If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the
Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as
loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5.
6. Oocttpancy, Preservation, Maintenance and protection of the Property; Borrowers Loan Application;
Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this
property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's
primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and
assures Lender that Borrower intends to occupy this property as Borrower's prima y/secondary residence and that
Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date
of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's
primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies
provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and
foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note
accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require
that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then
being offered on non-owner occupied loans.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit
waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal,
is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially
impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default
and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that,
in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other
material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also
be in default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the
Property as a principal 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 merger in writing.
Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to
affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by
this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property.
All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage
or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part
by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with
or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of
Page 4 of 10 PAD10014 (01/12/01)
I ? ? 00/1 J/ "
$1k1868PG2332
Loan number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds
thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable
attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under
this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect.
Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such
cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further
assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions
and as Lender shall request.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in
the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and
Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority
over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property
to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured
by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage hourm=. If Lender required mortgage insurance as a condition of making the loan secured
by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect.
If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously
in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,
from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage
is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage
insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender
will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve 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 obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve,
until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and
Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property.
Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the
inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are
hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the
same manner as provided in paragraph 5 hereof with respect to insurance proceeds.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor
offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after
the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration
or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of such payments.
Page 5 of 10 PAD 10015 (011W01)
0100 J/??
nu 1868PG2333
Dr%
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sutras 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 modify 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-signers. 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 stuns secured by this Security Instrument-, and (c) agrees that Lender and
any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrower's consent.
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; Seve rability. 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.
Page 6 of 10 PADIOD16 (01/12/01)
COj 4 jw "
8K 1868PG2334
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
18. Borrower's Right to Retnstate. 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 had 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 sums 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.
The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder.
20. Hazatdous 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.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by
any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors,
officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all
claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of
any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation
of any closure, abatement, containment, remedial or other
(required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use,
generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances
on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the
violation of any Hazardous Substances law, and (d) any Hazardous Substances claims.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Aooe oration; Remedies. If any installment under the Note or notes secured hereby is not paid when
due, or if Borrower should be in default under any provision of this Security Instrument, or if Borrower is in default
under any other mortgage or other inauvment secured by the Property, all sums s aaW by this Security Instrument
and accrued interest thereon shall at once bcoome due and payable at the option of Lender without prior notice,
except as otherwise required by applicable law, and regardless of
Page 7 of 10 PAD 10017 (01112101)
?CUK J#-`
BKI868PG2335
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
any prior forbearance. In such event, Leader, at its option, and subject to applicable law, may then or thereafter
invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. Leader
will collect all expenses incurred m pursuing the remedies described in this Paragraph 21, including, but not limited
to, reasonable attorneys' fees and costa of title evidence.
22. Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this
property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any
recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered
if the charging of the fee is permitted under applicable law.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects
in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws
providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
exemption.
24. Reinstatement Period. Borrower's time 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 of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures
in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures,
and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact,
Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured
by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security
Instrument, immediately due and payable.
28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security
Instrument.
29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement
of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the
fullest extent permitted by applicable law.
30. Modification. This Security Instrument may be modified or amended only by an agreement in writing
signed by Borrower and Lender.
31. Reimburscment.To the extent permitted by applicable law, Borrower shall reimburse Trustee and
Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the
trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or
otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this
Security Instrument or any other instrument executed by Borrower in connection with the Note or Security
Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in
connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff
demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents,
verifications, full or partial lien releases and other documents requested by borrower or necessary for performance
of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees
to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees,
inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs
arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other
Page 8 of 10 PAD10018 (01112/01)
nuI868PG2336
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay
to Lender their fees in connection with Lender providing documents or services arising out of or in connection with
this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument
executed by Borrower in connection with the Note or Security Instrument.
32. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this
Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the
Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error,
computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-execute any
documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable
to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error.
33. Lost Stolen, Destroyed or Mutilated Security Instrument and Other Documents. In the event of the loss,
theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any
other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively,
the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender,
or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the
mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content
identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such
replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and
may be treated for all purposes as the original copy of such Loan Document.
34. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents
of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due
and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured
by this Security instrument and Borrower has not abandoned the Property.
35. Riders to this Security lostrtuncut. If one or more riders are executed by Borrower and recorded
together 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 ? Condominium Rider ? 14 Family Rider
? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider
? Other(s) (specify) ?
Page 9 of 10
PAD10019(01/12!01) ^
U/ 41*n
BKI868PG2337
. ?
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
tseal)
- - 4 lluz --- 'Z'lz 2A a e. A E CHARLES W. PO III -Borrower
(Seat)
TAMMY L. MA -Borrower
Certificate of Residence
(Seal)
-Borrower
(Seal)
-Borrower
1 Certify this to be record (seal)
In Cumberland County p. -Borrower
(Seal)
-4 4 =2 -0 02 . -Borrower
Recorder of De.
I, ?j A Wl ?rl s , do hereby certify that the correct address of
the within-named Mortgagee is
3 Ada, Irvine, CA 92618
Witness my hand this I S+i'` day of ' ^i Wol ,
Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, County ss:
On this, the day of " 1k before me, the undersigned
officer, personally appeared C Lo • ' I tkA X` ' 1 ;L *10-V1 1 L. (TjWLpm,
% known to me (or satisfactorily proven) to be the persons whose name GJ*t- subscribed to the
within instrument and acknowledged that 4v y executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires.0 %t %-A r-LW 43"
Page 10 of 10
" .0 '10N
a
BK 1868
y
Title of Offi
PAD 10020 (01/I2101)
NOTARIAL SEAL
%MMY A SKEKEL
Nolary Public
CITY OF ALLENTOWN, LEHIGH COUNTY
My Commission Expires Oct 15.2007
a33$
Legal Description
40-
All those two certain tracts of land with the improvements thereon situate in Lower
Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows:
Tract No. 1:
Beginning at a point in the center line of Pennsylvania Route 233 on the dividing line
between Lots 5 and 6 on the hereinafter mentioned Plan of Lots; thence by the center line
of Pennsylvania Route 233 in a southerly direction on a curve to the right having a radius
of 1,833.46 feet, an arc distance of 100.00 feet (having a chord length of 99.99 feet on a
chord bearing of South 7 degrees l 1 minutes 15 seconds East) to a point; thence by Lot
No. 7 on the hereinafter mentioned Plan of Lots, South 84 degrees 23 minutes West
200.00 feet to an iron pin to a point; thence in a northerly direction on a curve to the left,
having a radius of 1,633.46 feet, an arc distance of 89.09 feet (having a chord length of
89.08 feet on a chord bearing of North 7 degrees 11 minutes 15 seconds West) to a point;
thence by Lot No. 5 on the hereinafter mentioned Plan of Lots, North 81 degrees 15
minutes East 200.00 feet through an iron pin to a point in the center line of Pennsylvania
Route 233, the Place of Beginning.
Being all of Lot No. 6 on the Plan of Lots of Carl A. and Nettie E. Fink, as recorded in
the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 76.
Tax PIN: 15-07-0483-022.
Tract No. 2:
Beginning at an iron pin on the dividing line between Lots Nos. 5 and 6A on the
hereinafter mentioned Subdivision Plan, at corner of land now or late of R. Lehman;
thence North 85 degrees 17 minutes 13 seconds East 192.90 feet to an iron pin; thence by
land now or late of Jerry L. Gilbert, by a curve to the right having a radius of 1633.46
feet, an arc distance of 89.41 feet to a point, thence by the dividing line between Lots
Nos. 6A and 7A on the hereinafter mentioned Plan of Lots, South 84 degrees 26 minutes
04 seconds West 174.58 feet to an iron pin; thence by land now or late of R. Lehman,
North 17 degrees 49 minutes 21 seconds West 94.41 feet to a point, the Place of
Beginning.
Being Lot No. 6A on the Subdivision Plan of Carl A. Fink, recorded in the Office for the
Recorder of Deeds for Cumberland in Plan Book 32, Page 150.
Tax PIN: 15-07-0483-034.
8K1868PG2339
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
ADJUSTABLE RATE RIDER
(LIBOR Index - Rate Caps)
THIS ADJUSTABLE RATE RIDER is made May 18, 2004 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Adjustable Rate Note (the "Note") to
Option One Mortgage Corporation, a California Corporation
(the "Lender") of the same date and covering the property described in the Security Instrument and located
at:
336 DOUBLING GAP ROAD, NEWILLE, PA 17241-9446
[Property Addreal
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE QVTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMM THE AMOUNT THE
BORROWER'S 9MRE9f RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
The Note provides for an initial interest rate of 6.750% The
Note provides for changes in the interest rate and the monthly payments, as follows:
4. IN TI REST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Data
The interest rate I will pay may change on the first day of June 01 2006
and on that day every sixth month thereafter. Each date on which my interest rate could change is called a
"Change Date."
(B) The Indent
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the
average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market
("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first
business day of the month immediately preceding the month in which the Change Date occurs is called the
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
FIVE AND 50/1000 percentage point(s) ( 5.050% )
to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth
of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will
MULTISTATE ADJUSTABLE RATE RIDER LIBOR INDEX - Sinee Family
Page 1 of 3 USRI0021 (02-23-99)
BR 1868PGZ30 ??? CA
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/18/04
be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
(D) Limits on Intemst Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
9.7504 or less than 6.750% . Thereafter, my interest rate will never
be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate
of interest I have been paying for the preceding six months. In no event will my interest rate be greater
than 12.7504 or less than 6.750%
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount
of my monthly payment before the effective date of any change. The notice will include information required
by law to be given me and also the title and telephone number of a person who will answer any question I may
have regarding the notice.
TRANSFER OF THE PROPERTY OR A BENEFICIAL. INTEREST IN BORROWER
Covenant 17 of the Security Instrument is amended to read as follows:
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. Lender also shall
not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably
determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of
any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements
made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and
this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, 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.
MULTMATE ADI TABLE RATE RIDER-LIBOR INDEX-Sile Fandly
Page 2 of 3 USR10022 (02-23-99)
81t1868PG234,t
CuUln J///1 P I
Loan Number: 151024662 Servicing Number: 001341154-1 Date: 05/1B/04
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Adjustable Rate Rider.
/joy tw
(Seal) orl 411 1 V-- (seal)
CHARLES W. E III TAMMY L. PO
(Seal)
(Seal)
(Seal)
(Seal)
MULT WATB ADRNFABLE RATE RIDER-LIBOR ENDEXSm6 c Family
Page 3 of 3
USR10023 (02.23-99)
BIB 1868PG2341
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson BLED-a~~Fl~'~
Sheriff ~,~ .r ~a^^-~...n,
y~t1"43` n~ 44~+gfi~~.f~ ~ +Jr 0 f =~ i ~'~tiJ I t .li`~.~~~/1,~
Jody S Smith ° '~
chief Deputy 2010 J~~;;"~ 13 P-,; + Iu~ 2
Edward L Schorpp _
Solicitor ,, , ... .. ~ :_ CL~'. ~:. :. .!.;U~`~1iY
Wells Fargo Bank, NA
vs. Case Number
Charles W. Marpoe, III 2010-180
SHERIFF'S RETURN OF SERVICE
01/11/2010 07:03 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January
11, 2010 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Charles W. Marpoe III, by making known unto himself personally, at 336
Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
01/11/2010 07:03 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January
11, 2010 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Tammy L. Marpoe, by making known unto Charles W. Marpoe III,
Husband of defendant at 336 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $54.80 SO A SWER
January 12, 2010 NY R ANDERSON, SHERIFF
By ~~~2~~ /
Deputy Sherif
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID#17616
EDWARD D. CONWAY,ESQUIRE -ID#34687 1. 5
MARGARET GAIRO,ESQUIRE-ID# 34419 , ;
ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 `rim
HEIDI R.SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T.MCQUAIL,ESQUIRE-ID#307169 r-
CHRISTINE cap
L.GRAHAM,ESQUIRE-ID#309480 p° Y q
mt BRIAN T.LAMANNA,ESQUIRE-ID#310321 o ,
ANN E.SWARTZ,ESQUIRE-ID#201926 7.7 —r'
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Wells Fargo Bank,N.A., as Trustee for MASTR CUMBERLAND COUNTY
Asset Backed Securities Trust 2004-OPT2 COURT OF COMMON PLEAS
Plaintiff
No. 10-180 Civil Term
v.
Charles W. Marpoe,III. and Tammy L.Marpoe
Defendants
PRAECIPE
TO THE PROTHONOTARY:
® Please mark the action Discontinued and Ended without prejudice. •
❑ Please mark the above referenced case Settled,Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
DATE: '7(O I &7 McCABE,WEISBER ND C I NWAY,P.C.
BY: 1 O W
[ ]Terrence J.McCabe, squire [ ]Marc S.Weisberg,Esquire
[ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire
[ ]Andrew L.Markowitz,Esquire V]Heidi R. Spivak,Esquire
[ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire
[ ] Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire
[ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire
[ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire
Attorneys for Plaintiff
McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID#17616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419
ANDREW L.MARKOWITZ,ESQUIRE-ID#28009
HEIDI R.SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T.MCQUAIL,ESQUIRE-ID#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480
BRIAN T.LAMANNA,ESQUIRE-ID#310321
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
CELINE P.DERKRIKORIAN,ESQUIRE ID#313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Wells Fargo Bank,N.A.,as Trustee for MASTR Asset CUMBERLAND COUNTY
Backed Securities Trust 2004-OPT2 COURT OF COMMON PLEAS
Plaintiff
No. 10-180 Civil Term
v.
Charles W.Marpoe,III.and Tammy L.Marpoe
Defendants
CERTIFICATE OF SERVICE
The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was
served on the below persons by regular first class mail,postage prepaid,on the day of September,2013.
Charles W.Marpoe,III.
336 Doubling Gap Rd
Newville,Pennsylvania 17241.
Tammy L.Marpoe
336 Doubling Gap Road
Newville,Pennsylvania 17241
DATE: q(6:) McCABE,WEISBE I D CO WAY,P.C.
BY: I (Da
[ ]Terrence J.McCabe, :"-quire [ ]Marc S. Weisberg,Esquire
[ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire
[ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire
[ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire
[ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire
[ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire
[ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire
Attorneys for Plaintiff