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HomeMy WebLinkAbout10-1168S14APIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS James L. Trullinger, Jr. 725 Tower Road Enola, PA 17025 Kathy Trullinger 725 Tower Road Enola, PA 17025 DEFENDANTS r,,? 2010 FD 19 j' ill IQ 29 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10 - 11U5 l,ivi l -Fdrm COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND. AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE; ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 9 4ga.00 m PmN 0 y.* 3 µa14q Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. James L. Trullinger, Jr. 725 Tower Road Enola, PA 17025 Kathy Trullinger 725 Tower Road Enola, PA 17025 DEFENDANTS NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, LSF6 Mercury REO Investments Trust Series 2008-1, the address of which is, 715 S. Metropolitan Ave., Oklahoma City, Oklahoma 73108, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. a/n/f Wilmington Finance, Inc. Mortgagor(s): James L. Trullinger, Jr. and Kathy Trullinger (b) Date of Mortgage: July 20, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1960, Page 4387 Date: August 2, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. solely as nominee for Wilmington Finance, Inc. Assignee: LSF6 Mercury REO Investments Trusts Series 2008-1 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 725 Tower Road, Enola, Pa 17025 and is more specifically described as attached as part of Exhibit "All: 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: James L. Trullinger, Jr., 725 Tower Road, Enola, PA 17025 Kathy Trullinger, 725 Tower Road, Enola, PA 17025 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of February 16, 2010: Principal Balance Due Interest Currently Due and Owing at 7.7% From January 1, 2009 to February 16, 2010 Late Charges NSF Check Fee Appraisal Fees Property Inspection Title Report Fee Prior Attorney Fees Attorney Fees & Costs of Foreclosure TOTAL $60,351.80 $5,244.76 $840.33 $20.00 $180.00 $59.00 $250.00 $412.00 $3,017.59 $70,375.48 9. Interest accrues at a per diem rate of $12.73 each day after February 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: " I 6 o SHAPIRO & DeNARDO, LLC BY: Attorneys for Plaintiff S & D File No. 09-036888 RT .7, :E CW.,3"'RLA'?!' i;.. ' '. FUu 2 PM 1 56 PnpuadBy; Wllmingion m=00% Tao. 401 PlytnouM Road, Suit# 400 Plymouth Meethtg, PA 19462 Roue To Wibnilfgton pin". Tdo. 401 Ptynnonth (toad, Suite 400 Plymouth Mooting, PA 19462 ?Mmises: 723 TQWERROAD T3N'MJI PA 17025 Pwoei Number: 09-11.3008-01 O (Spa-AboreTbbUnsP rRmM(ogDetol MORTGAGE Lou Number: 2000027854 MW 100372406073061274 DBFINMONS Words used is multiple sections ofthis docmnent are defined bolow and other wards are defined in galious 3,11,13, I8, 20 and 21. Co Wn rules regarding the usage ofwonls used in this doaument&M also provided in Smdad 16. (A) "Security fnatrumeut" means this doonment, which is dated My 20, 2006 toptherwM aRRiderstothis doatunat, (13) "Borrower" is JA MS L. TRULL1NGMt ]R., MARR>HD MAN f k4tMY TR A•1. j VjEJ, A4#le9 wars,! ?r Harrower is the m%Vgor undorods Security lnsaumat. PENNSYLVANIA-54leFpmk-FannNWMFftd04MooUNFOMIM5M MENTWrjWWA R8 ?•iA{PAi?v6a].ot VNPMq?0e8oWtldlLlne. UD96PA 09196OP64387 Lxh ('N4 Fwm.W3v IM (C) "SRS' 1. 0Wctroai0 Ryltehn*U 9ys6errs, Ian MERE ie ¦ a nominee forLeoder end Leader's sucxaswrs and assigns. M6Rs is tk, m rt c dfiritlon ibat is acting solely t. BORS IS Oeganixed cad exhdtog larder the 14m of Delaw ° undertilae nomby a fP, . Box 2026, FlhrtMl48S01.2026, tel. (8118)6'19-MEM, ?' and h? moral ° bo'?0 mtmbar ot'PO Box (D) `-],IJSdet-- is wilnrk&n Flounce, inc. Underisa Corporation ormlmdadmrntiagundertheiuwsof Delijwam Lender's addrw is 401 Plymouth Road, Suite 400 Plymouth, MOeting, PA 19462 (8) "Note" meaoa thepromissM notealgned by Borrower &W dawd July 20, 2006 1te Naastates dotBommer owre LWer Sb*-Ono ThowW Seven Hundred Mif4Y and 001100 (U.S. 561,750.00 ) plus interact, Bofrower has Ochres payihisdabtlnregularperlodia Paymotdaaodtop"Ibedebtinffullnotisterthau August promised I, 206 , Zv36 (L) "Property" mewthe proportydtatis described below undertheheading TIVa uftoffthts in the Property." (4) "Leon" means the debt evidenced by the Noes, plus irderes; any prep yment charges and Ida charges due under the Note, and all sums duo under this Socurity luffmm a, plus interest (11) "hiders" mom all Riders to this Owmrity hu trvrumtthat are executed by Borrower. The following Riders an to be executed by8ormwer [check box as applicable]; ? Adjustable Raw Rider ? Condominium Rider >?alloartRidar ? 8ocoariHomaRider PlannW1UnitDcWopmentRlder l4Fsmi1yRider ? VARWor C] BiwocklyPaymentRider p Oihor(a ivoulfyl (1) "Appllemble, Low,, Mftpa aU controlling applicable tradaMl, state and local .cartes, rdgulationk ordinances and adminlouxtive rules and orders Ghat }lava the offba of law) M well ophllona as all applicable fiwi, non•eppoalabte Judicial . arse imposed on BoerrerWorDth? tea, aKd ?ataeeteob" metes Of 4496- 6M 4lae MMU and other charges dug On ion. propRtY by a condornituium aaeachWon, homeowners association or similar 001%ketronie An& raosfer" means nay Mumbroffirude, othertim a ttan"won - in" h ah afm ff w paper loot um=4 which is btldpted dhrougb an electronto terminal, telephonicoce1?, Y ate, or mWatic tape so es to order' '"buck or twtt1092 e a BmacW tueeituthm to debit or credit en ° computer, or irtcladaa,. but is not Wolfed to. poirrW4da iransfe<a, eu6oon" teller machine tranaaotien a00°Yet' Such term telephone„wlretturufars.turdautometedoiearlrtgirorrm ti lmnsflm intttated by W "EseruwUlma" means those items that are described in Section 3. (t??ia of n.w2411e IMIMt 004PA FortnSere UM I96OP64388 (M) "llflisoalpsueous Pram"' mmu MY wmpena d*d, eettleaaeat, awetd of dap ANA air d*d Puy (other gm ineurauca prooasb paid latch she wvm+egm dww?ibed in SeWon for Pmd t ?' te d on og dm Proper fy; (N)catdwousdon orother airing ofell or dump to, or ofcan? evinsdon; err(lv)m w6' n°f PtOpetty; (iii) oon vetyaz?ee is lien Isrepraaatadoaa of, or omtuivm as to,the value atd/orconditlnn aflhaPropeny. (M)"Mort pluurwmx"mmsWw noeproteotmgLandazagaiaetthenm*aymentef,orda6wltoa the Loan. (o) "Mode Pslyment" moans too regularly aehaduled amount due for (1) principal and interest under the Note, plus (iDanywanantaunder Secdoa3offhte6eouritYlnd mteut. M'IRMA" means the Iliad Bdds setttmttae><)?hocedu:ts Act (12 U.S.C. Section 2601 otaaq.) and ha Implementutg telpladon, Rego Wan X (24 C.P.R. Put 3500), as they might be maatdW S+oet ulna to lima, or any addhinual or soccaom legidadon or resWelon dut gpvu= tw uma a¦Woamae w As wed In this Soo ft iaatrumatk, "RwA" Lone d net eted? resMotIM ague nn Laposad in rag+erd to a "fedaealiy related mot!®ega loan" avaa if the mertgageSolln uudorRB$PA. (Q) "SuccassorIn IatervaofBarrn ter" memaanypar#Y64 bw Oka tltla to the Property, whether or not that party has assumed $orrowerls obligation under the Nok and/or d& Saourky lnsnament. TRANSPBR OF RIGM IN THE PROPERTY This Security Instrument secures to Leads; (i) Ilia rapaymont of the Loan, and all renewals, eatouioni and modifications of the Note; and CIO the puftnence of Borrowdes covcaants and agivernenu wader this Security 10trumeat ad the Note. For this ptupoaa, Borrower doter hereby mortg%M SMA and coavey to MFRS (aWely as nominee for Lander and Letdar'a auocessors and auigns) sad b the aueaaots and "go ofMM, the following described property looatsd in fha Cam, tlpvs?k?on] Of CCiib BE AND LEGAL DBKRIl'TION ATTACHED HERETO AND MAD$ A PART HEREOF. which carrattlyhm the addre s of 7Z5 TOWER ROAD MOLA tarsi CTMIWAddaw"); Icily],Peunsytvania 17MS iZipCode] TOGETH$R WITH all the impmense ets now or harsaftm aracted an the property, and all caaemonte, appurtenances, and ftxtum now orkasrifhr a partof the proportp. All teptacaaat,4 sad additions siudl alm he covelcd by ihia Sopa* instrument. All of ilia foregoing is rathread to in thin sonowgr wa*nftn& and agrees dual ME" bald; on 3eautltylasutemartaswthe r • looomear, boR if to a' ? tR to the WOO* $nmt.d by Bonuw in tlrts Securky ndeeasary sump]ywGhlararcns0om,N 11Us(senomhreeforLanderand aasigas) bar the right; ro exee ciao nay ara11 oftlwre iatenets, Inc butnat Omtoed10. +ttotarevloae Lantu h and the.Propartl, and to telm error action repotted ofLatdet ioo[ud aadadl secnritYlnatrumeat , ut not limbd to, raimWg ad canceling this ?tl?]ta.? p,o.?,a wow. 11Ir" Ubtr.epn ? Formieie Val 47 PK 1960PG4389f., BORROWER COVENANTS that Borrower is kwfuHY seised of the estate hereby conveyed and has the right to mortgage, groat ad convey the Property and theatre Prop W is tnteneumbw4 except fmr anrcumbrances of rand. Borrower warrants and wig defend gawrally the title to the Property against ap claims and deptswk subject to any encumbrances arfrnoord. Ttir]S SECMUTY tNSTILUMBNT ewmbiuu unite m oovenants for national use and nwunMrm covenants with limited variatlonsbyJurisdic-dontocaudituteaud&nnsecuityinatrun toavarhngrealpmpnW. UNIFORM COVENAM. BormwtrandLender covenant and ague as follows. 1. Paymentof PduC1Pwi, tartest, EseroT 1412h PS,apaymcg Chalit, and A.MW Cha Bonawer shall pad when due the P*W*al of, and hnterestc4 the dobtoridottcad by than Nok ad say p cMmetrto os sad lees charges doeunda ftNote.Borrowershallalsopayhmbfor1wowagowpunuWdto8eottca3.PaymentsduermdsrtheNote and this Security bminunent sbadl be meta at U.B. cuittaay. Howwa, if any dw* or other &dnmmrrt received by tenderaspaymentundertheNoteorthisSewrigrinmunwdbrsaonWtoLea tunpaid,Leadermay,requirethatany or A subsequent payments duo under the Note and this Serenity bobumso be made In one or mats ofth+t following forms, as sobered by Lander: (a) out (b) matey order; (a) catiBed ohs* bank check, treasura% cbeek our osshler's cheek, provided say such check Is drawn upon an buftnion whore deposits are insured by it %Aftl agency, ineanrmetnefity, orerrticy; or(el} BteelreoiePanda'ttwfer. Payments are deemed mwlvod by bonder when mcelved at the location dedgneted in the Note or at such other location as may bedesig umed Lender in accordance with tho notice provisbns in Section 13. Lender way rearm any payment or partial payment if qtc IMmart or peutisl pgmarta are buu6icient to b ft the Loan cwrant. Lender may accept nary payment or partial payment imufeiem to bdag ibe Loan eutrok without waiver of any rigirls bersunder or prejudice to to dghts w reface such payrmeatotpudd payments hi the tinttrc, butLendmr is not obilgaaed to apply each payments atthc time such payments areaeoepted. Vanch Periodic Payment is "Had a of its sahedalod dam date, then Lmadernandactpayk tmrestonunappliWfiords.LoaderuwhoidsnobrotoYtpltedRandsuatUBmr*ormakepgmont to bring the Loan awaL tfbowower does notdo an witch a reasonable period atfthne, Leader shall d1herapplyy such knds'or return them to Borrower. ItnotapplM aeritcr, ouch faa?ds wlU be aWled to the anstandbrg principal balance under the Note immediately prior to f mbsum No oMd or claim which Burrower might have now or k the fitd,re against Lander shall relieve Borrower freer making pa ymonts due under the Nate and this Security instrument or performirgthe coven" and agreements secured bythb Security bauumorrt, t. Appileattoa ofpeymants or Proooeis Exerept rd odrerwise deacdbed to this Seetison 2, all payments accepted and applied by Lender shall be applied In the following ardor of priority; (a) hueMdue under the Notm; (b) principal due under the Note; (o) amouma due under Sgatlon I Such payatents be applod to each Parodic Pq+ment in the order In which itbecamedua Anyrwtrd*gansountsshaRbeapplied &attolateahmgea, second to myyotltaramounts due underthia Seoreitylnst<mmnt; andthattoreduoethopritw"bdumotdwNate, Ift audermoeivca a payment Am Borrower far adetimpentPeriodic Payment which includes a eru scla tt amount to lay any loos charge doe, the paywantmay be applied to the delinquent paymee and the bane cbaw lfmorm than one Periodic Payment 1s outstanding, Lander may apply any pgmag reoeind timm Rmwwar to one rap Wa mot of the Periodic Payments ii; and to the extent thee, each pgmnortt tact be paid In frog. To the tenant that any excess m& b Biter the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any lpeo charges doe, Volontaryp"gmenta ahdl be appWfirttto snyprcpaymcddu rgm audtheuaa doscdbedia ftWoN. 4"PA) e0Mpl npua?e ? ,1 0133•6PA AT- Form303e IMt O K I 96OPG439-j_ Any apptical im of payments, iuauranco pmoeede, or Miscalta mum Proceeds to prindo due under the Note shall nat wmiti or postpone dheduedats, at Amp the amount, ofthe Periodic Payments. 3. lraada far Baerow Hems. Borrower shnri pay to Loader an the day Periedle Payments are due amderthe Note, wail dw Note is paid in full, a sum (dw "AWads") tp provide for pmapt of amount: due for. (a) taxer add a nsmenta and other frame which can anaia primiRy over this lioaus* kalrument as a Ilan or encumbrance on the propa teaehold payments of ground rani s on the Ptopety, VOW, (e) pssaafums 6nr my ad all Inswunce mq*w by ad r) e under ftaat n 5; asid (d) Maagage htnaanea peamitmu, Way, at eery atmtspaysdrhe by Dom we rto Leader in Tian of thw d o f o iWon or at ww time ma; i ? ?? of5eotion l 10. Tim farms am called paow en Association Dues, Fees, andAsaaasmeaM Vow, asciowed by of Boa gawee and aveb has, foorequire dot C;ommunity l be m Bsmw Ism. Borrmhvar aball prorapdy A niah tp Leader all notices of atnau t lo be pdd under this Saotian. Bommo r shalt pay Leader the F1mda for berow bows uWass Dander waives Bonowars old%stion to pay dos Funds for any ar ant Harrow Insurer. Lender may waive Dwowees obligation to pay to Leader Funds for any or all Rsomw lie when ns at any time. Any such waiver may only be La writing In tba ravsnt of sueb wdwr, Borrower shall pay directly, Leader ad where payable; the a mounts due for any Biciow Items fbr wbick payment of Panda has been walved by anal, if Leader requires. shall fbtalsh to Leader receipts evidencing awh pgymmt witbbr such time period as Leader may require, Mt rowe's obiig an to in" wO paymema and to provide recoh* shall for all purposes he doomed to be a covenant and agreemad eoaWW in aim Soon* laanumm , as Iha phrase "covetu nt and a'eamenu is used In Seaton 9. If Borrower is obligated to pay Bemw Rana db dy, pursuant to a waiver, and Bomowce feiis to pay the amount duo for an Escrow Item, Lender may anvr*W its right under Section 9 and pay such amount and Harrower shallthen be obligated under Section 9 to repay to Lander saysach anrotmt. Leadermay roroke the woiveras any or all Farrow Items at any time by a noire given in snoowdence wilt Secdon 13 and, upon auob revocat}pn, BotrowerabegpaytoLender allFunda,aadinea hamonmte,thetarethearequLedunderddsSecNeh3. Leader may, at any time, collect and bold Funds in an aaaount (a) suf tie t to parait Lenda to apply the franca at tike tines apCOW wider RESPA, and (b) not to atcceod the masdtnam aaromat a leader NO require under BBSPA. Lander shall eetimata the anhounK of Funds duo at the bais of automat data and reasonable ea ftg" otaxpondituros of TuwreXWMwiuansorOtherwise inaccordsaceWill; App"fe,Law. 'The Funds abed be hold in an h ultu ion whose dsposia arc Iaurmt by a federal agnrey, or witity ahdt ifLeader , is sn insti{agquwhora dt?pwita M so i?or In anyFednnl HoseaLM Ban sppdy pay the Bscmw Iroma m hoer tlam rho tfane spooiflod muter RBSPA. Leader "notAup Borrower 1br holding and applying the Funds, anmmily i eaiyzing star ewruw aoootank or the Rum item, unless L ender pays Borrower intarost on rho Funds andApplic" Lazy permit: Lem& to malm such a chap Unim an a8mement Is made in writing or Applieatdo Lawn re*u lnswait to be poW ox the Pmada„ Larder shall not be regahrid to pny Borrower ray knurl or diunia p on tiro lrmtds. Borrower and Leader cm agree is that hnteriest do be paid on the Funds. Leader shalt eve to borrower. without charge, an annual ?ghgo Funds aarequiredby RESPA. the ??iAtPAla?sl.nt P,esau ??/? t?s.6rw ? Form sass srot 6K1960PG439Y If there is s surphu of Iruads held to escrow, sa defieed mdw RBSPA, Lender shell account to BMTWtrw for the escaaa 11411111 in accordance with MPA. If there is s shorMp of Rigid held in eMOW, as detbied under ItBSPA, L=W shell notify Borrower as required by RwA, and Boars M 40 pay to Loder dw ensountaccesmy to make up the shortage in accordance wkkREgPA, but in ne morethen i2 moo held in escrow, as de hied under RBSPA, bander shell ar qui n d bybut In no WA k ¦ botivi cyshan pay to Lander the amount necessary to make up the defeiwlcy In accordance with RESPA, inme then 12 monthly psyatears. Upon paymentin full of all sums secured by this 5ecurity? htetrurnuat, Landershall prompttyro5tnd to Borrower any FundsbeidbyLender. 4. Chasgea, >LkUL Borrower IbMI pay all taxes, asreesmena, oktMM fines, and bnpositions O ttbutabie to the PtopettywhicH eau ettairn priority over this SeCUrity Iasfntrneu. hxaahold payments or pound teats on the progeny, if any, sad Co timoniWAssocistion Duct, Fee, and Aseemnanas, Ifany. To the atent diet these heals are Escrow Items, Borrower shall Pay them In the Millerpravlded in Section 3. sweet B in FMPW ?? say Ike which has priarity over thin agwrigr Instrument iinlea Borrower: a paymentoftheobligdfonsocunedbytLalieainamanaoraooeptable- toLoider,butonlysolo g as Borrower is perfotining such nucemeng (h) o mma the lien In good Aft by, or 4el6ads egOKeziftu=sat of the lien in, legal proceedings which In 1431110'11 opblian apente tO prsVSnt the WhICUMit of the ilea while those pr°ceed7ngs are pendln& but only unM such proeeediagt AM eonoluded, or (4) socutee ftm the molder of the Ilan in ofdw re Property Is set tLLender i Wmilhathig the Jim to this Security Ltshument. If Landau deeermiaea da=y part ag prop notice idcat *Wg die lien. Whhin 1which am aim Pic* over 116 0 dsys of the dow an which that given, B Laft AaH give the lion or take ono or more ofthe actions at forth above in this tiectfon 4. Lender may require BwTw*w to pay aono4ime ObW fors real estate taa valfication and/ortepmtiog service used by Lender in eaanection with this Loan. insured & Property bourence. Borrower shall keep the improvethents now ardsting or haroatber created on the Property of lhoised into, st loss by fire, hazarda included w*M the arm "atttendeA tovenaga„" end myother bu ash hnohu tg, but earthquakes oods, 9br which Lender requbet limraae0. This iaswaim shelf be msiotshied in the amousts (inehiding deductible lovely) and for the periods that Lardw mgnkft Whet Lender requires{ p asuaot to the preceding sentences can ohulge duft die twat of the Lm, The laenrance an* jimidiog the lamraace shall be chosen by Borruwer subject to Tenders right to dfaappmw Dortowees ehoirw„ which right shall not be excrraIsed uoremovaWy.l acrmayroilimeBBorra rtopay,InaonnecdonwiththiaLeak either.(a)aonominecltsroforflood zone detoaa' cartiff irecidng saving or (b) a ona4ne certification cervices and su ehetge ? &W moo detennwtlon and affect such. daWrminstion or car on. Borrower SW &W be +espanaiblef aoour which tessoaa po rq the Federal ftergency Msnngement Agwlcy is comrcotlon with the re0si*WAsnSw m of'my &W payment of fimt 'fig tiotri far objection by Borrower. rarle by ?awlPAtrosoe,or ea.vaa "? "? t>09?6PA Ferro MS UVJ pf .19frOfG 4 3 9 a If Boenwer 6tils to nuristain any of the eovert4$a damihad above, Lmft may obtain Lnaurance Coverage, of L.e adWs option and Borrower's expense. I.wndW is under no obligation to puaduee any par it obis type or amount of ooverage; ThadbM such coverage shall cover Lender, butmightor might tudprobotllorriewar, Botrowro?a aq* in the Property, or the contents of the Propaq. against any ddt, ku nd or MW sad night p WA& Srs" or lessor oovtrrmV thew WAS previously in cf WL Borrower aeknowlariges dun die cob of the insunwbe oovsngp so obtained mighty UWd the cost of hnsano o thatBoarower could have obtai nd.A y amomua disbursed by Leader nmderthisBeaded S died become additionaldebtafBorrowor setmedbytbb Sea dly honlawL These amounts shall bw interest at the Nob rate from the dope of disburaammt and dnalh be poyyablo, with such btereek upon notice from Lander to »atmwW re4iteating P?? Alt lneraaaco policies ngvkW by Lender and numb of each poems shall be subpet to Laedns right to disepprWro snob petioles, shall include a daadaod mongags otaus% and shall mane Larder w mortgeger and/or as as additional loss payee. Lender shall have tba right to hold dw pofiehts sad renewal eaditloaa. if Leader regnims, Borrower shall promptly give to Lander all teceipts of paid prandums and renewal notica. If Boaower obwm any farm of insurance coverage, not otherwise Tequlnd by Lander, for damage to, Of daalrut JOR CC the Property, such policy shall hnciudeastandard mortgageelsiuse and shall aweLauderas mortgegeeaod/oraa an additional Ion payee. In the event of loss, Borrower shall gWo prompt notice to the insurance carrier and Leader. Leader may make proof of loss If not made promptly by Borrower, Unless Loader and Harrower othawbc agree in writing, any insurance proceeds, whether or not the underlying km nnee was required by Lender, shall be applied to reatoreden or repair of the Peopetty. if to reatoretion or repair is ecamomicaily feasible and Lendert seowlty is eat Ws a W, Dm* such repair ad rosoonntian period, Lander shall have the right to Multi such iewmas proceeds until Lander bas had an opporku*to impoctsuchProper Vto onamigm wwkhasboaco mpleictimLa Weftnalsib dion,p oWdedthatsanb itapecdon shall be undertaken promptly. Leader rppty disburse proceeds for the repalm and restoration in a single payment or in a sales of progress paymsm at the work is completed. Ukhas as agreement is made in writing or Applicable Lm v require intervotto be paid on such insurance proceeds, Lander shWl notba to pay HarraHler any irrtcrwt or earnhrgs on suchproaeds. Fees for public *Vdo a, are*cr *Wpardu, tetaiaed by Borrower shalt not he paid out of the insurance proceeds and shalt be the sole obligation of Hoaowa, If ibe teaporation or repair is not economically feasiblo or Lender's sectuiW would be lessened. ths: hmmarua proceeds shall be applied to the sums um!rod by this Security Instrument; whoder or not than duo, with the exam, lfany, paid to Botmwer. Such Wsuratrca proceeds shall be applied in the order ptovidod for In Sadon 2. :hf Dorrowar abandons the Property, Lander may trio, negolisic and #" aq av"able insuraupo cWto and related •m tmrs. If Borrower does not respond within 30 days to a ochre gem Lender that the btsnranee oarrler has oftmd to settle a Hahn, then Loader may negotiate and settle *0 clWm. The 30-ft period will bo*vv"dm notice is ghvet, in either evoat; or ifLoader aoquhas the hvpc under Sw9an 22 or otba4vriaa, Borrower bu*y assiEns to Lender (a) aorrowees rights to any insurance prowsds an amount not to exceed the amounts Vapid under the Nab or this Security Instmment, and (b) any other of Vorro*Ws rights (other, than the right m any rofuad of uftowned prcminmrs paid by Borrower) under all insurance politics covering the Proputy,.insofer as such rights nee applicable to the coveter of the Property. Lender may= the Insumace pretense either to repair or restore the Propetty or to pay amounts unpaid underthe Nato or this Security Instnmrcut, whether urnotthon due. DM4PA FOrm308 !!et 6. O"Wan¢y. Bormwru shad oewpy, *"Hsb, and use the ProparW U Bor(Owes prindpel midence withbt 60 drys aft the executlan of this 9acwlty b*mmontand droll continue to occupy the property AS BOrtawer'a principal MWanee for at load one year after the dtde of ooeupanoy, udets Lender odwmiw agrees in wrkft which coneout shall not be untewanablywithhetd, arunlpsacWaaadngoirounuta:ocesexirtwhicharebeyond8orrowery contmi. ?. preseevabloa,liltahrhnanesaadpwtpSiOStoll6s!?opa4r+ranpangoeul.Honnwwebeliaotdeeteoyy damage or impair the Propa W. allowthe property to deteriorate or commit worts oa dm)"pWy, p+hgdw or W Bwowar is raiding in the Property, Borrower shall mahttain the Pmpeety in order to provant this property tune dataieWWg or daemsing In vWw 41116 to its condition. Unle u it is determined poisoner to Section 3 dot repir or mmmion is not eeonomicalbr hasible?, Borrower shall promptly repair the Pro" if dw ASO to avoid trtrdmr ddajoavon or damage. if umaace or eondamtnedon proceeds ace paid In aomeation with damage to, or dw takbS of, the Ptww, Borrower dtall be respoaiible far repairing or rest orba the qwody otp? WLeader ho ralmed proceeds ft such ptnposes. Lender may disburse prooseds far this repairs and node On in a single payment or is a series of progress payments as the work is completed Iftbs lawroace or eondeBansRba Prooeet4 sro notsutHdent to repair or restore the Property. Somma is not relieved ofBocrowers obllgaBou for the completionefsadr repair or ndoradoe. Lender or its agent may stake reasonable entries upon and inspections of the Property. If it hes reasonable cause, Landon may iaspeot the interior of the kgmvmrmts on the Propefty, for to such an laterior ins Larder shall live Barrows notion at the time of or prior peetionapecifyia8atrcht+eawrrablecauee_ 8. Borrower's Loan Application. Borrower shall be in dePaultif, duringthe Lou applicetloa process, Bon wor or any persons or entities acth% at the dh*Won of Borrower or with Sonmeft knowhrdpie or consent gave tn"ddly Sire, ssialeading. or inwourate Iftibmwtloa or statemestb to Lander (or Ihilad to provide Leader with aaataid informatlan) in connection with the Loan. Materiel reprw9dions include, but are not limited to, representations eoncendRS Barrewet's occupancy ofihe Property ag Borrower's principal raaidenee. 9, Protection ofLenderls Intend is t1w A sporty and highs ureter tkb Security IoettmCat, if(s) Borrower Nx fn perform the covenants and agtrocmo* oowa6od is this SeaUAW Imautaont; (b)tlrare ie a tegaiproceedbt butt might aignitlcantly affect i ardade tntmmt in the Phop=W and/ar zWms under this seca* i'=&wn= (sgch are a praaeedbng in ptoy, pmbxb. &r condemnation or fort NoM for entotatnant ofa Neu whM may strata priority over ibis ScoM y Ltetrum ent or to eaftree lan or m&okd=j or. (o) Borrower Iua *Mk mad the property then Loader may do and pay for wbatever is. neasooam or appropriate m pro WLada 's barest in the Property and rob tiros $8cw ty Instrument; including pgotaatbtg and/or asaea lea the value of the Propatty, and dossing and/or I'll repairing the Property. Loader's actions cam hta w(% butarenot Hnibed un (e) Pglagauy m= crowed by a lien which bas priority over this soma* Ing UMM14 (b) appeming in court; and (o) pryingremoublS idomeya' feu to prated hs recast In the Property and/or rights uadw this Sew icy Imtniamt, including its secured position in a bwAvjpgcy prowcding. securing the Property inekWm but Is not limited to, entering the propee4y? to make rprdm 01108810 looks, replace or board up doors and windows, drain wafer from p1w, eliminate butiding or aft code vloladons or dangerous canditions,andhave udlidestarnedonoroff AbbotyhLeadermeytdoaodonunde d6seWan9,Leader does not have to do so and is not undoragy duty ar obligation to do so.It is mgred lkdLeadar hum no iiabMW for not taking any or all actions wthorized umderthis Section 9, 4ft4A(pA) r wpi wpeerte ., Z` iKT- DDS-&A 9GOPG4394. SK-1 Fann3039 1A1 Any amowus disbursed by Lander under this Beetion 9 shall become additional dak of Borrower endued by this So"* Iasmunaet. These amounts shalt bear lotarast at the Note fate flow the date of disbw meat and dWi be ppyabj4 w16 such loamt; upon notice from Landarto Borrowerrapesdngpaymant. iftbis Security l ammont is on a leasehold, Borrower abaft cornply with all the ptovialons ofdw W w IfBorrowee acquires foe thte to the Property, the leasehold wW the he title "I not merge unlam Lender agree to the merger in writing. 14. Mwtpp llnanrao?w oe. If Lander ngWmd Mottgage lmurance as s condition otmaking the Loan, Borrower shad pay the p oinkans required to maintain We Mortgsgo I maim In effect If, Jbf mW rewma, the Thome Qe covemlle required by Lender ceases to be available firm rho tnw*p Insura that prevtotaly provide insurance suet Borrower was requited to make separately designated payments towed the pmmlpma for Moftp k4mack HOrroww shell psy tea pmmkm required to Obtain coverage substarttlally aquivalcot to the Mortgage hwrma previously in sober, at a con substantially equivalent to do coat to aornrower Gf the Mor%W inunnee previously In of @4 tom an alternate mat" insurer salsawd by Lander. If sabdandd{y equvalent Mer4W insurance coverage is not available, Borrower shall continue to pay to Lender the aMOW ofthe aspapdaly designated pgyptenta flat were due when the insurance eovomp eased to be in e9aat. tender will accept, trap and stain these EMMM as a sots-rariutdabk toss reserve in lieu afMoitgago lnrntmoa, Su ch foss reserve sharp be a?;o*Wundsble udhtgthe lirot fbathe Loan is ttltimatel3r paid In fbA, as?d Lends ahsll not be required to pqr Bonwm any es,n6rp on suet foss reserve, Eerier can no pangs requle Toss ream pr ate If 11f ja the amount and for the period that Lacier regales) provided by sn luau er selected der again available fa obtained, and Latdor eequines aapaeresty designated psymmb toward the p asaiums for ImwAOa. If i a?der required blortgaga insurance n a eo?tieat of makft tare Loan and Borrower was tnmkaseparatslYdpaymeablowardthefbrMortgage Insurance, BorrawarshallpayWe pseaaiums rapiredto, maintain Mortgage matinee in o IN& Grip prrride a non tAndabte Ioasreserve, until Leader's mqulr mmt ft Mertgsga Insurance ends in accordance wiAt any wrift agroomad betwmBotrawar and Lender providing for such torminsdon or until termination is mquhW by Applicable Law. Nothing In flues Section to afffacts Borroweesoblioon to pay interest at the rate provided in theNote. Mortpprge Insurance reimburses Lender (or any entity that purdwa fhe Note) for certain losses is may liar if Bonmr does notrapaythe Loan asavved.Borrawanis notapastytotheMortpelnsorance. Mope i,raxm evalude, their total risk on all ouch inewince in h m *am time to time, and may eater into spoor is with outer parries that share or modify Amer reek or ratters lossm lboaa agtmem * are an mums and conditions that are andaNctory to the mortg w Wow and tba arbor pater (or parties) to t?teae gpm=ts. These agroanatta may r quire The mortgage insurer to make payments wing any source a ferrets that the mortgage huwa may lave available (which may Include fiends obtained fl+ota Mortgrge ineatmoe pt arnitena). As a result of arose Mommenis. Lender, any purchasar of the Note, zw*a htsraer, any mom, any otheragity. or ens aililtate. of any of the foregoitrg,.may receive (directly err hndkvctw amounts thAt derive from (or aright he obouctorind as) a portion of florrowees payments fhrMoetgage Ineuraeoe, in enohasrge for sharing or.ttnodifying the mortgage inaurses risk, or reducing losses. Much agrament provide that an afltliate of Lender takes a sbue of tho inum r'a:risk in exchange for a ahare of the praniums pefd to the bomer, the arrengement is 0ltea retract "captive Ge Y (a) Any aneh agreements will not affect the Amounts that Borrower bas aplead to pay ter e Insurance or any otbar terms of the Imo. So& agreCrrttafa wdl notfacrene the aafom t Borrower Will owe for Mortgagelasaraaee,andthey willnoteadde8e" werbanyretland, ?? {PAjtoeop.or a,o.?a?e ?`i Fonel07a flat Kr 8K1960PG439$ M Any mach wgreemeals will not mired the rights Borrower has • if any - with ramped to the Mortgage inwowce oeder*e gememaers prvereNa n Actof IM or may ether l ac Three r*W say lmdade the rtgM to roe" eerbdt disdom m. to requet lead obMa esmwUmtiom prthe Moripge iamumw, to hmve the Mertga e batnanee testshwtad anbutatla ft madlw b receive ¦ rehad of may Morlpps Insnrmma premlletars tbmt tree umearnsdatthetlmeofsuehema- --norterm,"901L IL Ammigusnomit ofMieccllaneous Proceeds Forfeiture. All Miscellaneous proceeds ere hereby assigned to and shall be paid toLoader. if the Property is damaged, such Miscellaaeaus Proceeds shaU be applied to rettotation or tepmir of the Propertsr, It the rmtorstion or repair Is economically feasible end Loaders security is not lesreaad. During stioh repair and M arationperiod. Leader shut bravo therifihtto hold such Mao us anus proceeds untU bender has had as epporiuaity to inspect such Prop" to ensure the work Yee bcaa completed to LARdoes sadefaticn, provided that such kupeotion d" be rasdatsJ m promptly, Leader maps pay der tits eepyr* pnd restoration In a siaglo disbmassat or in a aeries of progress p mr the work is compleled. Usleas as agr wWO is made is writing or AMUC*k IAW ro kes interest to be paid on such MiscaUaawas Proceeds, Leader WWI not be Mpked to pay Borrower may irtGbtest or cartilage on mesh >ld UcHoncous Proceeds. Lf the restoration or a pow is not ecoaazahWly feesibie or Lender's now* would be Imssat4 rho Miscellaneous Procoeda dM bo Wiled to the sales secured by this Security ho6u at, whether or not then due, with the excess, if airy, paid to Borrw*w, Such Miscalkneoms proceeds shoo be applied in the orderprovided for in Section 2. In the event of a total telling, deattuctiou, or loss in value of the Property, the Miscellaneous Proceeds eball be applied to the suns secured by this Security rnetrumont, whether or not than due, whh the excess, if any, paid tq Borrower. In the evens ofa partial taking, demuction, or Ioas in value of the property in which rho fair market value of the Property immediately betbro he partial taldnn, destruction, or Ions in value is equal to orgtoOr than the Amowtt afthc sums secured by this Security Ire mMut Immediately before the partial taking, destraciioe, or it= in vatum, unless Borrower and Lader o1b r agree In wri ft the sums secured by this sw4 ty Ytisharaat rhino be n dnced by the amount ofthe idhdegameous Pm=Wa MuMplied by the following tiwotion, (a) doe bird mount of trim sears secured iramediatelY before to partial taking. dutruction, or lose In value divided by (b) die fir mom value orris property Immediately bafbre the partial taking, destruction, or lose in value. Any batanceshall be paid to Borrower. rn'ttie event ofa partial taking, destruction, or Ion in value of the property in which the ft atmrket value of the property irnmediatelybefore the partial Wft destruction, or lass in value is lass then the amount ofthe awme severed immodialaly before die partial taft doswodon, or loam in vokA unless Borrower and Larder o*And a agree in writin& the b 6scolleasous Procoeds "I be applied to the sums secured by this Somrity Lnstrrubent whetlter or not alto sums ire then due. U the property is abandoned by Borrower, or If. Act notroo by Lender to Borrower that doe Oppoei qg. pater (m delinod In the React sentence) oiibre to solo; an award to Mato a claim fordenuges, Borrower farha to respond b Lender -wUhin 30 days alter the data the motive Is given, Lender it authorimd to oooect end apply the Mhroelloomoas proceeds either toresooradonorrepairofthehoperlVorto dwstmtasecured bythis Soeurltylaetnumenr;whednotornotthem due. "Opposing party" means the third patty that owns Borrower Miscelaneous Proceeds or the patty against whore Botmwerhm a right ofaedon in regard to MiscoMm em proceeds. Borrower MWI be in doWt if any action or prooooding, wbother civil or a taiaai, is begun that, in Lender's judgment, could result in forfeiture ohhe property or other malarial tarpsicmem of Lender's interest in the property or lights undertbis Security Instrmtent. ??A(PA) peory.w °?? ?.s.toate FOMM11139 1111 noe.et!A ?T l96OPG439V' Borrower can cure such a default and. ifacoehetvwion hs? oocurted. reinstate as provided in Section 19. by causing the action or prooveding tube dismissed with a raft 1haf, In Lendws judgment; prschrdaa Manure of the ft"v or otter material bapai,mett ofLashdefs inosrat ht the property orrigiM under this Security iastt1mtanL The procee of airy award or claim for damages that are dfribuable to the impairment of Londoes ho m in the Pmpnaty are hereby asdgnedatndebmfhbepaidto Leader. Ali Miscellaneous Proceeds that am not applied to restoration or repair ofthe Property shell be applied in the order provided for In Section 2. 12. Parmwer Not Unased; Forbearance By Lionder Not a Waiver. Extension of the time tbf payment or modification of save tintion of the suns !vowed by this Security imatrwment granted by Loader to Borrower or wry Successor in Interest of Borrower shall not Operate to release the 114M'hhty of Dorrower or any Su©cessars in Interest of Borz war. Leader shall not be required to wrpmeaee ptmeeedlagt agaiaet say Successor iA Intmest of ljarrwter or to maw to extend time for payment or otberwlw modib amarti7 oft ofthe sums seeurad by this Security Ttnrtrttment by ressmt of voy dommand made by the orl&d i 1mmwer or any Succomearm in lowest of aommer. Any farbeeronce by Lewder in oxteroisiag any right or re mdy lacludhrg, without Iimltatdon, Lender's acceptance of paymetm hi n third persons, eatittes or Sucoaasore in Ihmm oMerowwor In amaaats less than the amomtt then due, shall not be a waiver *for precludetbee mroiseofenyrdghtormmody. 113. Joint and Swami LimbWty; Co-slgpars; Beaman mild Assigns Best. $otrower covenants sad apeca that Borrower's obligations and liability shall be joint and several. However, any Bonwaar who ensigns this Sam* Iastr maat but does not mmute the Note (a "eo.aigner"): (a) is eo4igning this Security lastuwaeM only to m Smut and convey the co-sigw r`3 Interest in the Property under the terms of dilm Sect * Instrument (b) at Is n personally Obligated to pay the sees secured by this Samnity Latrrumenti and (c) agrees that Leader and arty o ther Borrower can agree to extend, modify, forbear or mdse any sccomnsodations with regent to the torms of this Security im mmemortheNotewiMout9meo•stgnar'sconsent. Subject to the provisions of Section it, my Successor In Interest ofborrower who as urnen Doww'ses obiigaeiom under this Security kdrame d In wri ft and is approved by Under. shall obtain all offt owees rhgha and bewft under this tiecarity Instrument. Borrower shall not be Maned lien Bwww&% obligations aid Ilsbility under this Security Instrument unless ]Leader agrees to such release in writing. The cavowds and agmements of Chia Swirdty lastrurnart shall bind (ompt as provided in Section M) and benefit the successors and waigps o(Lender. 14.- Loan Charge& !.ender may charge Borrower flees for servica per6 roied in connection with Botrawcea default, for tine purpose of protecting Landau's hatese 1 i In the Property and rights under this Soewity Ia:tru nent, Including, but not limited to, an=** tees„ property inspection and valuation bees. In regard to any other fns, the absence ofeapress authority In this Somwity yntrwaent m charge a specific fee to Borrower shill not be construed a a prvhiWon on the charging of such fee. Leader may not charge ulnas the are erpronly prohibited by this Security metres eat or by Applicable Lew. if-the LOU Is subject to a law which seta maximum loon charges, and that law Is finally iatetpteted ro that tho Interest orother loss charges collected or to W Miami! in coanectdon with the Loan wwoed the pmm ttad limits, thorn: .(a) any such loan charge shall be reduced by the mount noommy to reduce Ow amp to the ptrmkw limp; and (b) mny sums already collected from Borrower which mcaeded parmitted broils will be refunded ID Borrower. Loader may choose to malm this refmd by reducing the principal owed undertheNote of by making a diteetpoytmsmtto Bomwer. if .& mfumd reduoee principal, the reducthm will be treated as a pardal prepgymerrt witthtatt any prepay chi charge (whedher or not a prepayment charge to provided fir under the Nos). borrow m a ccift CC ofany, such mfimd made by direct payment to Borrower will couhoinle a waiver of any right of action Boaoww might have arising out of such overcharge. 41"(PA) tpawi DDS-eA Prt.eeaeee MM Jule Pam SOU IM 8K f 96OP94391 Id. Notices. All notice given by Borrower or Lender In connection with this Seoetrhy intro ntent must be in writing. Any notice to Borrower is coansctlon w1di ibis Security Instrument sball be deemed to have been given to Borrower *ban mailed by first class mall or when actually delivered to Borower'a notice eddies if sent by other means. Notice to say me Borrower rtball eoasthate nodes to all Bonowen snips Applicable Law ei v i asly requbm olbawlea Mm nodes address shall be do Propayr Addrese view BOrrowarfus deelptaled a substitute rodoe owm by unties to Lander. Borrower 601 promptly no* Leader of Borrowers cheese of address. If Lander specMes a prooodane S Borrower's aboop ofaddress, thatBotrower shall o* mporta doge ofaddmse through that spaoiliod procedure. Then may be only sae dpipswd ne,dee address lmdee ibis Security 1adnaaaat atsny an time, Any notice to Lander shall be given bydsllvor(eg it or by soaping It by that class matt to Lendes'a address stated herein unh- Leader has designated modes address by notice to Borrower. Any notice in connection with this Smoky Im bumcdWWlnotbedemedtohavebeenghmtoY,eaderuntdacWallymcelvodbylAndar.lfanynoticerequinedby this Socaft lWomeat Is also required order Applicable Law, the Applicable Law requiroment will satisfy the eorrespandiag t+egttitatnatuendarthis Som dry kdmgieut. 1C Gloveradng law, ttleveMMMy; )limns o(C409trnciloo. This Secadly know at shall ba governed by federal law and the law of tha jurisdiction iawbich tha Property Is located. AU ri6hts and obligations mbined in this Saw* Instrument sujed to a y nquiremeNr and limitations of Applicable Low. Law might axpllcitty or implicitly &How the Perrias cares by eomect or it might to sHM but such dmU not be coattruod as a prohibition against sgiec moot by contract In** anent mot any pimisla or clause of" Saetaigr Inslranp,t or the Now eomhltets with Applicable Law, such con6tet shall trot affect other provisions of this Security kmwaemt or flu Note whiohcanbegiven effeetwithouttheeontlictingpro Won. As used in this Semity Imtnwmenc (a) words ofttto masculine gander shall mean and include conresponding neuter words or words of the tbminine gender (b) words In tha singular shall maw and include the plural and vice versa; and (c) the word "may" gives mote discradotwithoutany Obligation to take any action. 17. Borrower's Copy. Bonawarsholl be given one oopyofthablow ad of tbif Security hmenumaL M Traosiler elf the Property or a R adaid hisrest ha IZoslr war. As used is this Seeder It "hdeu* in the =Mine Mbnayloegal orbeaetlaisl.Lrlenryst ire thePtq,e<ty, broludlag, buthoe IitniEod to, ttto3e beneflclal insanata deed, coarsest for dead. i staUmeot sates contract or escrow egwmnent, the kmnt ot'which is rite trainsfar oftitla by Borrower at a llihim delete, a purchaser. .Ifall or any part of the Pngwty or any hdonst In the WepaW is fold or uadkxrod (or ifnoeower is note natural person and a bonetioiai interdt is Borrower b soldor hsnsibrred) without Leach's prior wriaaa cow Lender may require latmodiema payment in fall of all awes secured by this gamily haftmneat. However, this option shall not be wArclied by Lender ifauch exercise Is prehhbited by Applicable I,mv_ InaWar exarciew ilia option, Lendersheg give Notrowgc wice of aceolaatian. Mw notice %W pmvide a period ofnotlowthan 30 dip from the due thei aft Isgiven inaccordance, wilh Soctim iswWnlnwhich 8MOWmwtpay all sums secured by this Secwity Instruklem If Bonvw Nis to pay time fume prior to the ospirstioa of this period, Lender may Invoke anyreinedlespormimedbythisSecurity Ieowmennwithoutilt or notice or demandoaBorowor. '19. Borrower's B1gbt to Relwfats Alder Accoluedet6 If Borrower meets certain caMdons, BoMr4V shall have the tight to have safteement ofthis goodly insu went diswndmW st any time prior to the eeriiatt of! (a) five dears before sale of the Property pursueet to any power of sate contained in fbls Saew * Insunmedt; (b) such other period as Applicable Law might specify for the tenninstion ofBormwe rs dghtto rolnspga; or (e) entry of aludgment enforcing this Security Insuwnestt ??/1lPAh{oaoe?at PpH=rrte ?tr`? Farm 3039 1191 W34FA ?-T OK-19.60PG4398.- Those conditions aw dMtl3orrowar. (a) Pays V ender all soma which than would be duo under" Security Instmment and theNote n ifni soae4bratiaa had ocancd; (b) cures any defantt of oibar omiumu s ar coon s; incurred in enforcing this Socaa* Instttanerh? iacdfag, bonnet Noised Uh b I attoracyr huh property iaspeedonn and vok"oa toe, and aft fife :100mod for the purpose otp utecting Lender's Interest in the Property andrigha under this Socurliy N9ns ue ;sad (d) W= xu :h action ss Laador. nW reasoeab4yte kc to uM that Leadoes Interest in the Property and rW a hander this Sewhy Lotrameet, and borrowws ob ' m sums secned by this Security Insottmcat; shall voutirm unchaogod. Londe may require that Dommwer to M the pay such oiler,. (o) ncordW ut sum , bank in one or moos of the 1BYowing tom, as salecW by Loader. (a) cub; (b moury che* heasarp% check or enbise's chock, provided any snob check is draws upon ao Institution whose depsits are irwxW by a Moral silau . ho to n{auIV or atatlly , or (d) SloeMvaio Funds Tms*r_ UP= reinstatement by Borrower, this Saoar* Iaatrhanont and obligations s eavd ha llry shout remain fully effective sa If no acceleration had occurred, However, this right to reinstate shall not apply in do rase of acceleration under Section 18. 20. Sob of Notal Cheap of Loan Serviifrl Rodeo of Grievance. Us Note or a partial Interest in the Note (together with this Soaurity butrumant) can be said one or more boon without prior Modica to Bormwar. A We might ? t in a change In the ea ft (brown as the "Loan Serviced tort collects Periodic Payments due under ilia Nile and Security but urvent and perlbams odor ata tgags loan servicing obligations miler the Note, this ScoudW Instrument; and Applicable Law. Then also might be one or moo changes of tko Low Serview uirela w to a Maw of the Note. Htoero its dump ofthe Low Serviefr, Borrower will be given wri tWt notice oftho obaage which will state the name and address of the new Loan Servicar, die ddress to which psymau should be made, and any other infbrarst ion RMPA rsq hu In connection with a notice. of 1nntLar of sawiciag. If tea Niel Is sold and thereutler the Loan is serviced by a LoaM Sarvieor other than the purdmw oftba Nobs, the Mortgage loan servicing obi Borrower will remain with the Law Satvkw or be Qanfltared to a successor Lam Sorvicurand era W assumed obligations the Note p wohaw uWm atheewlse provided by rho Moto purcha=. Neither borrower nor Linder may commence, joie, or be joined to any judicial action (aa eithv an lndivMeW litigant or the member of a ohm) that arlrea ftra ft adw party's action pureumt to this Socurky horn m or that sl leps that the other party lies breached aqr provision 44 army dory awed by reason o f, this Smu suck,borrower or Leader has notified the other Party (with 94 natiro " Y?rireme until g oest o t of *Ooi 15)ofsuchalleged b?reachendAtiftdedtheother ' mo Jacsononabtbeporiodaaaca compliance to toWconectNe action. IPAPPlivable.Law Peor?idas a tiMe d Which giving parld which mould dV re bobn oat . tab action can be irk err that time period will be doMod QQ 6e repwtrhibb. for piaPUN of" prmsgrsph no am of accelazation and oppomtaily to sore given to Sofia" PUZIMMIG Section 22 sad the ao&ti ofwmkndion given to 13mrowWPUkh& to, Salon IN shall be deemed to $flue notice and oppo kn* to take corrective action provisions of this Section 20. 2l. Hatardnsr Sobstaoces. As used tar dais SaotipM 21: (a) "Eiazardoos 9ubetahhcea* ate those substances defined as toxio or hasaedoua substances, polluients, or warm by Environmental Law and the fbilowiog substances: gasolohe, knrwane, other flammable or toxic pelrobum produoui toxic pesticides and herbicides, volatile solvents, materials containing saboam at fotmaldehyde, and radloeotivu mawrWa; (b)"SayQOmaoatal law" means Shdww taws and larva of the jurisdkdm where the Property he hwd that While to be" M ft or anvirorhmeatal rolacdon IWvironmentai Clwrap" includes any response action, remedial p ' (i) or removal action, an defined in Environmental Law; and (d) an "Bavhtmmeetat Condition" mom a condition that can cause, contribute to, or otbarwisetriggeran Bnviroamenud clooump. ft"(PAltahoew P.atsara ?+??/ .I OD34PA Ar Perm 3039 1At af1960PG4399 Borrower shell not aauae or permit the presence, uM disposal, =rap. of tela»e ofany Huudow Substeaces, or Weston to releae any Ma:ardous Sub#uce., oa or le the pmputy. Bonma abs11 notdo, aorauow&q=e edge to do, +t9* ddieWz$ the Property (a) ft b ht violation of say Eaviem=utd Law, (b) whleh agates an awkwangSW a OMMOie v" of the Pm p". otroesacoadMondadadvz+r a y P". pig two makuaea doll not * to *9 Property of small quantities of Aazardow Subt?toas that are generally rebopdndto bye ? to normal r aWantiel am and to maintenance Otte property (#Mudkj& but not limited to, haardoua Seb:harceg in consumer pTG&Cb)• Botraww ahall promptly give Lender written notloe of(a) any investigation, olslm, damsel, lawerrit or other action by my govermaaorl or regulatory mosey or private party involving the PMPWW Environmental Law of which Borrow has actual lm° onm and o Hmrdoau Sub?co or Ibnited to, any spiflfttg, to ? (b) any Eavirottmensal Condithart, including but not Ong, divehol s, relow or threat of release of OW Hann dove 9ttbsptao4, and (a) any condition cetued by the pretence, use or release of a Hatardo» a Substancc which property. If Borrower [cams, or k nodW by any govettanenrd or 1y iva Poe value of the Maeval or other mudiallon ofiew Haaatdona Substance ? O` ff`' or ?' ? e A'• Post any biro all necovinq remedial aatloas in aeoordenae what sfl?g ?l LA a ww. . Nothing „0 ? Promptly on Leaderfbran Pavfroamental Cleanup, herein shall create say obligation NON-UNIIroRMCOVENANTS. Bwowwandl,anderf covenant andWesaefollow&: ZL Aecelentim;Remedies LeachobWlgkoaotieatoBorrmrvpriortoandentionron*MngBorro,net's broach otany covenant oragreemeat In this 21mrtty lustrument(but notpriortu accskrgd= underSecdon is unlaw Applicable Law provides otherwlme Ywnder shall Roddy Bwniver et, among other tldugo: (a) the 11415401111(15) rho action required to erne the de V* (# when the deftak mast be eurod; sad (d) that Lunen to core the "alt as SP9014 d may mail In aocslcratlea of the Sims excused b this Beau foresLsa01rt by judtebdpraesedingaadsalso[ihePr+sperej:Lendershall fgruwta6rm ?ri'me01t, r clukte stler aeeaisradon and the Mglatto eased ht asStredostua proeadfsgt4enoa•esf?uhle coma de right to eeo15a de6taltor arty other defense of Borrower to acceleration sal iotaaloatra $the ddttdt ie notaared sa,paaitfai, Larder as its option may regrdre imtnediatr pgtoeut in f4B of as arms seemed by 96 SKM* f unbar dauNd Asti may tbrodm this r asbest titlWftoqt ed itled to r=wdip°? ed ? ndfdaEpr° ' ?iedla o entitled to collect all apenea incurred in purvaing thew 4ttoraeya' Sts and costr of dale ovtd4an to the stater r itled In t>tht 8009a u' m °g' but not limited to, pa M'Ap>>kble)Gsty. 33. Mass. UponpaymentofailrAnssecnnodbythisSwurilylasttamo%&6Sdog%*lnakrummatdtheestate coaveyed shall terminaee and become void. Aft Mob oootureaea, Leader dtall ddaclttago and satisfy this security Ltstrtnnmtt. Borrower shall pay my reoordatlou casts. Lender may doge Borrower a fie fm rnlcasing this Security lnttrumont, butonly ifthe fee is paid to a third party fur Servkes tendered and the e1wiling oftlte be is pamitted under Applicable Law, 74. Welvars. Borrower, to the oxtwt permitted by Applicable Law, walva card roieesea Pro?P to enforce tits: Security Yusteament; and hOtelry wsivoa the Iteaatlt of ?' error or dofocts in Por stay oFexecution, extension oftime, expnption E+ppt 4?dua k end ?' p or futtue lays providing ? vY sate, and bommetew exemption, Z3? RelaaWettteat Period. Botmwst's time to asorsprQp provided ih $oction 19 obeli emend to afro hoorprior to the commsnoomatofbiddingatashedfPssaieorothwsWvpmmtothisSecurityinstnu mt. 36. Parehate hbacy Mortgage. N any of the debt secured by this S=ally IrdbWat is lent to Bocrawcr to aC katitlatothoProperty,thisSecurity1hebm mahallbeal e,omoneymorop, 27. Interest late After Judgment- Borrower agrees that the intmett rate payable a&r a theNoteor in an action ofmortgage foreclosure shall bathe rate Jnent is entered an pueblo from thine to rimswKlartltaNato. 4ft4A1PAllaeoeLm pop 14eNe rwtr DD6 6PA 1r ?- FOM3031 ,lp, 8K. U9bOPG4 ID0 r v i i t i t BY SINNING BELOW, Borrower umpu and arm to the Wms mhd covens % Ontmined in this Severity intrumeatand in a w Riderexacuted by Bomwer and recorded with it, t Wibteoaea: 1 ' r (seal) 7natos L. Th7llliugnr r. -Hanevwr ??°?-,? (seal) xhuhy l ' (Sao (seal) - Borrower -Borroemt _ (Seel) (Seal) Boaewa •hho?ticr (S"Q (Sew) Bormwer •Btomwa -{A(PA) P".o+ rw. tame DDS-dPA F-7030 1A1 RK, 19b.OPG440*1 r?.Q?MY ? COMMONWRALTHOFP/?NNI9Yt,VAMA, C??•?vS Cove .is; Oathis,the ?QT/} dayof JVLV do befteme,the undersigned officir. personally appeamd 7A VWpffife f ?4-,W y ?"??(.t j p???Q roves) to be the knowntome(or P mos(s) whose n ne(s) Wars auyvribod to the within instrument and eoknowl alged thathe/ahe/theyexecuted the same for dopetrposesbasis contained. IN WiTIMS W131 OF, I ba mm setmy had and official seal. MY CDMMI aioa Expires: v ;AI #ALAPA rAtc n 3, r+waotfr Certificate ofReddeam 1, f4#mkw y .(Opw dohembycedifythat the cormaaddress ofthe within-named Mortgagee is P.O. Hox2Q26, FUnt, bII485Q1-2626. Witness my hand this CM4 day of d V LY C2 vd Asento[Mottwee t??iA(PA) ?aa}at vaa?..osate ?Nhk??? Fore?301Y 1(07 DM-6PA 10 1960 PG 4 4 0-2 Date! 7118 006 ?x Order Nambez. 000031466 He ,7enfss L. ?z?r7]iagar, Jt. 723 TONER Ra" ENOLA, PA 17025 slYI82T 'Al C0M8ERLAND County ALL T11AT CERTAIN piece or parcel of land situate in the Township of Eattt Pennaboro, Cambetland County, Pennsylvania, More particularly bounded and described as follows, to Witt BEOINNING at a Railroad Spike in the Center of Tover Road at the northeaster line of land now or late of Lester 0, Walboral THENCE along land now or late of Lester U. Walborn, Korth forty-seven (47) degrees Neat one hundred ninoty-five (195) feet to an iron pins THENCE along land now or late of Harry J, Bowles, at ux, north twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) foot to a fence post] THENCE along land now or late of Frank Nowmayer South twenty-six (261 degrees twenty-live (2$) minutes Seat three hundred eighteen and seven tenhha (338.7) feet to a Railroad Spike in the center of ToWer Road; THENCE along the center of rower Road, South fifty-eight (58) degrees six (6) minutes west forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. Sarvay made by Ernest J. Walker on March 31, 1964. HAVING thereon erected a one story dwelling and a one (1) story frame building. TIMM 4;53;37 PM I Certify this to be recorded In Cumberland County PA ;' . Recorder of Deeds Paw.eofa 1140 ` qQ-A Order Number00MIoN f I i Date: 1 \ \ \??`?\? Kathy Trullinger 725 Tower Road Enola, PA 17025 7009 2820 0004 2451 3681 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. F--xk)ih) ?' 'I R 4 ' HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: James L. Trullinger and Kathy Trullinger 725 Tower Road, Enola, PA 17025 9800520927 Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. CURRENT LENDER/SERVICER: Vericrest Financial Inc. LAW FIRM FILE NO 09-036888 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 THE NEXT THIRTY-THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you 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 have 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 EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still a l for Emergency Mort a e 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: 725 Tower Road, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: February 1, 2009 to January 1, 2010 @ $541.84 = $6,502.08 Other charges (explain/itemize): Late Charges: February 16, 2009 to December 16, 2009 $22.01 $242.11 Pre-Default Late Charges: _ $554.20 Non-Sufficient Funds Fees: _ $20.00 Inspection Fees: _ $59.00 Appraisal Fees 180.00 TOTAL AMOUNT PAST DUE: _ $7,557.39 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,557.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents must be made either by cash cashier's check certified check or money order made payable and sent to: Vericrest Financial Inc. c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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 3 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: C/O The Law Firm of Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esauire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM ?.li o ui vves>.ern rH 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Date: James L. Trullinger 725 Tower Road Enola, PA 17025 7009 2820 0004 2451 3674 ACT 91 NOTICE TAIK"EfACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): James L. Trullinger and Kathy Trullinger PROPERTY ADDRESS: 725 Tower Road, Enola, PA 17025 LOAN ACCT. NO.: 9800520927 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. CURRENT LENDER/SERVICER: Vericrest Financial Inc. LAW FIRM FILE NO.: 09-036888 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 THE NEXT THIRTY-THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you 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 have 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 EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still a 1 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: 725 Tower Road, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: February 1, 2009 to January 1, 2010 @ $541.84 = $6,502.08 Other charges (explain/itemize): Late Charges: February 16, 2009 to December 16, 2009 @ _ $22.01 242.11 Pre-Default Late Charges: _ $554.20 Non-Sufficient Funds Fees: _ $20.00 Inspection Fees: _ $59.00 Appraisal Fees 180.00 TOTAL AMOUNT PAST DUE: = $7,557.39 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,557.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Vericrest Financial Inc. c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by 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 3 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: C/O The Law Firm of Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esquire 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 X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 VERIFICATION Leslie Rase hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalities of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Leslie Rase, Esquire Dated: 6 ) I b) ( 0 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTI~ Ronny R Anderson A~?~+,,. I~~ ~~ ~r~ Sheriff ~Q~,rrtn of ~~cu~6,r~f~~~ Jody S Smith 241fl MAR -3 AM 9~ 42 Chief Deputy ti> ~° ` , ~~ ~ ~ ~ r; Edward L Schorpp Gl~+!-3~;==,;~~.v ~J~ Solicitor ~F e . ~ -~~ ~..ERtF~ ~~~~~,,~~ LSF6 Mercury REO Investments Trust Series 2008-1 Case Number vs. James L. Trullinger (et al.) 2010-1168 SHERIFF'S RETURN OF SERVICE 03/02!2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kathy Trullinger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kathy Trullinger. Request for service at 725 Tower Road, Enola, PA 17025 is vacant. The Enola Postmaster has advised Kathy Trullinger has moved and left no forwarding address. 03/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James L. Trullinger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James L. Trullinger. Request for service at 725 Tower Road, Enola, PA 17025 is vacant. The Enola Postmaster has advised James L. Trullinger has moved and left no forwarding address. 03/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 725 Tower Road, Enola, PA 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 725 Tower Road, Enola, PA 17025 is vacant. SHERIFF COST: $88.50 March 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c? CountySuite Sheriff. Telecsoft. Inr.. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series ; 2008-1 ; PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS ~~~ ~RLEPp~{{~C ~JTA~r 20[0 MAR ~ AM I! ~ 4~ CUMIv`~:f;;~: , , PE~1r~S~~ V~rJ ~~~VTy COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: ,,^6, / Christ her A. DeNardo, Esquire Attorney for Plaintiff 0 ~lo.oo Pp ATrif ~~ 343`78~j R.~ a39 45$ SHAPIRO & DeNARDO, LLC B`t :CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE ESQUIRE ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY LD. NO. 202929 LESLIE RASE, ESQ., ATTORNEY LD. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO.09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF I i VS. ' James L. Trullinger, Jr. ; 725 Tower Road Enola, PA 17025 Kathy Trullinger 725 Tower Road 1 17025 ' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: to - IlloB ~tVl ~ ~~(f'INl N ~~ -:, cct~ ~~ ~-~. f J v, :_-~ ~;, ~-- _,;;~;, 'Y _,. .-~~~ `_~r~, 17i ::+~ .~ Eno a, PA ~ ~ :.,, ~_ ~, _. ~ -- cti ~~7 DEFENDANTS _ ~ ~- _~ -7, T3 ~- COMPLAINT -CIVIL ACTION - L~~ ~ r; `^ MORTGAGE FORECLOSURE --.~ NOTICE" ^'~ YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET~E`iORTH IN TE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPI:AINT~ID 1~TICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. _r.- ~..~: 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ()Confessed Judgment OOther LSF6 Mercury REO Investments Trust Series File No. l U' !' ~ ~ ~ ~`~'' ~ ~ ~~ 2008-1 Amount Due $71,712.13 vs. PLAINTIFF ~ Interest June 2, 2010 to September 8, 2010 is $1,497.67 Atty's Comm Costs James L. Trullinger, Jr. and Kathy Trullinger DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) escribed in the attached exhibit. .`--~ Date: Signature: Print Name: Leslie J. Rase, Esquire Address: 3600 Horizon ]Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff C Supreme Court ID # PA Bar #~ 58365 ~3 nJ rr ~,t.UO due- Co. 8. 5 ~ ewe ~- ~° ~:: { `;' ~~.~ l .. .~ r-,LN.6o Pd.~y ~,,~ L 35'7 ~-3~ R~ 1y~ 0 38' gam, ~ v ~d~~ ~3 ~ ~ ~, .Yd io vo T S3,tl0 ~r '~ r~ /1 /r e. s Sg , 6 0 ~~ r, s ~Y . OD '~ ~ ~~ o~ y X337. U P°L y N :.: w c..~. ;=~; ~~ ~'~ :x c_, '~ r~ Mri .~ C:.7 ,'` ~ i'fl :~ .~ ..~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LSF6 Mercury REO Investments Trust Series 2008- PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS Costs to be Added TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 725 Tower Road, Enola, PA 17025 See attached legal NOTE: Description of property maybe included in, or attached to the Writ. Amount Due Interest from June 2, 2010 to September 8, 2010 Seal of Court WRIT OF EXECUTION: MORTGAGE FORECLOSURE $71,712.13 $1,497.67 PROTHONOTARY Date: ss No: 10-1168 Deputy Prothonotary 00 0 r~ o N z ~ w ~ ~ b ~ CH ~' U A vv C ~ ~ ~ v weir ' a ~ r ~ ~ 0 0 c ~ v ~, E+ ~ ~o w a v A N ^'~ "~+ O :; 3 ~ y, j'.Y' 00 0 [+ii M a.' M ~ a '~ ~"J ~ M M y N "'~ A ~ o ~ ~ M ~ •~ o .~ y, MF ~ M ..G ""~ -Yv .... , ~~+ ~ '~ idi 3 ~ 5 ,o ~ ~ v „ ° ' y ~ W ~ ~ ~ '~ -`7. ~ as ' U a Q ti ~ o ~^ a a ~ W ~ ~ 'Q ~.... °~ Q"' ~ a ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenl:y-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS t~~ ~;:. ;~~.~. a~~~,'~Y 2QIQJU~~ -3 A~ f!- ~Ei~il'~SYLV.~I`~fl~ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 AFFIDAVIT PURSUANT TO RULE 3129.1 LSF6 Mercury REO Investments Trust Series 2008-1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the fallowing information concerning the real property located at 725 Tower Road, Enola, PA 17025. Name and address of Owner(s) or Reputed Owner(s) James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 2. Name and address of Defendants in the judgment: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LSF6 Mercury REO Investments Trust Series 2008-1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Unemployment Compensation Fund L& I Building, 16th Floor Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of'record: LSF6 Mercury REO Investments Trust Series 2008-1, Plaintiff 715 S. Metropolitan Ave. Oklahoma City, OK 73108 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 725 Tower Road Enola, PA 17025 Joyce Trullinger 725 Tower Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to ~unsworn falsification to authorities. SHAPIRO & DeNARDO b~"'"`~ BY: Leslie J. Rase, Esquire 09-036888 FiI.F~.~ u~; ~E SHAPIRO & DeNARDO, LLC il'F ~~~ Fri*, .F,~f~AY BY: LESLIE J. RASE, ESQUIRE ?Q~a ,j[j?~ -3 ~F~ ((: ~~ ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 Cl.1M~~:f _~, ~t~ ~~`i~Ui~TY KING OF PRUSSIA, PA 19406 PEi d;w5~'~Vr~~~+~ TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series ~ COURT OF COMMON PLEAS 2008-1 CNIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. ; James L. Trullinger, Jr. and Kathy Trullinger NO: 10-1168 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $71,712.13 obtained by LSF6 Mercury REO Investments Trust Series 2008-1 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 back to LSF6 Mercury REC- Investments Trust Series 2008-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe 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 on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY' AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 'TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to tree highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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 ca11717-240-6390. 8. 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. 9. 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. 10. You maybe 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036888 ALL THAT CERTAIN piece or parcel of land situate in the Township of~ East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and descriibed as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. ~~ T'~~ ~' ~ ~ `, SHAPIRO & DeNARDO, LLC ` BY: LESLIE J. RASE, ESQUIRE ~~~~ ~~_~ _3 ~~ ~ ~ ; j2 ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 -~ _ ~ ~ ~^ Ui`~ -~ ~- ~ ~ ~ ~ CUM ~ ~~~r'~~~~ KING OF PRUSSIA, PA 19406 { } h ~ p , t ~ /} r ~~ ~i dJ ! 4.Yrl~,t ~~11 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series ~ COURT OF COMMON PLEAS 2008-1 CIVIL DIVISION PLAINTIFF ~ CUMBERLAND COUNTY VS. James L. Trullinger, Jr. and Kathy Trullinger NO: 10-1168 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathy Trullinger 13318 Highway 233 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $71,712.13 obtained by LSF6 Mercury REO Investments Trust Series 2008-1 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 back to LSF6 Mercury REC1 Investments Trust Series 2008-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much :you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe 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 on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY' AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 'TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the ful]~ amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. 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. 9. 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. 10. You maybe 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONEr GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036888 ALL THAT CERTAIN piece or parcel of land situate in the Township of~ East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence Trost; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 3l, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and -for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1168 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LSF6 MERCURY REO INVESTMENTS TRUST SERIES 2008-1 Plaintiff (s) From JAMES L. TRULLINGER, JR. AND KATHY TRULLINGER (1) You are directed to lery 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$71,712.13 L.L.$.50 Interest JUNE 2, 2010 TO SEPTEMBER 8, 2010 is $1,497.67 Atty's Comm % Due Prothy $2.00 Atty Paid $337.00 Other Costs Plaintiff Paid Date: June 3, 2010 (Seal) Da ell, Proth notary By: REQUESTING PARTY: Deputy Name Leslie J. Rase, Esquire Address: Shapiro & DeNardo, LLC, 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Attorney for: PLAINTIFF Telephone : 610-278-6800 Supreme Court ID No. 58365 ~!' E~`-tl=~"~~~c ~ f.~ :vim SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 K1NG OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS 20i0,~1.s~-3 ki~lii~ ~i t ~i"~i~~:"`l:ti-:~`1 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1168 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $71,712.13 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as. follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest at 7.7% from January 1, 2009 to June 1, 2010(517 days @ $12.73 per diem) $60,351.80 $6,581.41 Late Charges $840.33 NSF Check Fee $20.00 Appraisal Fees $180.00 Property Inspection $59.00 Prior Attorney Fees $412.00 Title Search Fees ~"`$250.00 Attorney Fees & Costs of Foreclosure $3,017.59 TOTAL $71,712.13 BY: Leslie J. Rase, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $71,712.13. Pro. Prothy. 09-036888 ~'iY.o~~~ ~~ ~~ # 3Y7~ 3~ ~ rt' ,~y3 J 3 ~ ' ~X a11Qd-r«s <~i~ SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANT(S) STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY COURT OF COMMON PLEAS CUMBERLAND COUNTY 10-1168 AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DENARDO, LLC __ By: Les ie J. Rase, Esquire Sworn to and subscribed before me this ~ day <: l~ ~ ,2010. Notary Public Cnn~A~{~~~Mt~!~t ~~`,.a ,~.r- -~~-•.r~:.YLVA~!IA ivr'n-~zai ~i Q :nisi L ~. ~ ~ * 14F*r T-r~9. ~ i~~:: y County My C,o i.~t~ ~.w~y:L2n 210 Member, °enr~sytvB~i~ Associaflon of Notaries SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS NO: 10-1168 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: James L. Trullinger, Jr. DATE OF NOTICE: May 21, 2010 You aze in default because you have failed to enter a written appeazance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM LS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fec)~a de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in cone o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: James L. Trullinger, Jr., 13318 Highway 233, Troy, AL 36081 Kathy Trullinger, 13318 Highway 233, Troy, AL 36081 Christo er A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIlZE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS NO: 10-1168 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kathy Trullinger DATE OF NOTICE: May 21, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in Corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: James L. Trullinger, Jr., 13318 Highway 233, Troy, AL 36081 Kathy Trullinger, 13318 Highway 233, Troy, AL 36081 Chris opher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, May 21, 2010 to the following Defendants: James L. Trullinger, Jr., 13318 Highway 233, Troy, AL 36081 Kathy Trullinger, 13318 Highway 233, Troy, AL 36081 ~'~ ~-'~,•. ~ r~ . ~e __ ~ ; ~- 1t Sheena C. Mayer, Le Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1168 CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: James L. Trullinger, Jr., 13318 Highway 233, Troy, AL 36081 Kathy Trullinger, 13318 Highway 233, Troy, AL 36081 Date Mailed: ~ ' SHAPIRO & DeNARDO, LLC BY: ~ .__. Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-1168 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: LSF6 Mercury REO Investments Trust Series 2008-1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 and that the last known addresses of the judgment debtors (Defendants) are: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff 09-036888 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF ; VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 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. ~.,rd ~ .611 g Prothonotary [XX] Judgment by Default ~'~ [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. Curtis R. Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 r1~0: Kathy Trullinger 13318 Highway 233 Troy, AL 36081 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 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. ~~,r+ul ~, ~u.e.(I Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~(LE~''l~;F Ronny R Anderson t-c ~,, ~.:~, ^,ar~-~ Sheriff - ~ _.., ~, !fi~Y Jody S Smith Chief Deputy Richard W Stewart Solicitor • cat 4,i=ur,F ~~' ~t~~ ~'r,, r~ ~'E;~~ vaY>rV,^-NIA LSF6 Mercury REO Investments Trust Series 2008-1 Case Number vs. James L. Trullinger, Jr. (et al.) 2010-1168 SHERIFF'S RETURN OF SERVICE 06/26/2010 01:45 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 06-26-2010 at 1342 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James L. & Kathy Trullinger, located at, 725 Tower Road, Enola, Cumberland County, Pennsylvania according to law. 08/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael Clark on 812/10 SHERIFF COST: $750.66 August 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ •~QP~- (~~. 7`~ ~~ ~. ~~s"s t SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 AFFIDAVIT PURSUANT TO RULE 3129.1 LSF6 Mercury REO Investments Trust Series 2008-1, 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 725 Tower Road, Enola, PA 17025. 1 2 3 Name and address of Owner(s) or Reputed Owner(s) James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 Name and address of Defendants in the judgment: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LSF6 Mercury REO Investments Trust Series 2008-1 71 S S. Metropolitan Ave. Oklahoma City, OK 73108 ., Unemployment Compensation Fund L& I Building, 16th Floor Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of record: LSF6 Mercury REO Investments Trust Series 2008-1, Plaintiff 715 S. Metropolitan Ave. Oklahoma City, OK 73108 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 725 Tower Road Enola, PA 17025 Joyce Trullinger 725 Tower Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO BY: Leslie J. Rase, Esquire 09-036888 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY NO: 10-1168 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $71,712.13 obtained by LSF6 Mercury REO Investments Trust Series 2008-1 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 back to LSF6 Mercury REO Investments Trust Series 2008-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe 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 on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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 717-240-6390. 8. 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. 9. 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. 10. You maybe 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036888 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series ~ COURT OF COMMON PLEAS 2008-1 CIVIL DIVISION PLAINTIFF ~ CUMBERLAND COUNTY VS. James L. Trullinger, Jr. and Kathy Trullinger NO: 10-1168 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathy Trullinger 13318 Highway 233 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $71,712.13 obtained by LSF6 Mercury REO Investments Trust Series 2008-1 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: The sale will be cancelled if you pay back to LSF6 Mercury REO Investments Trust Series 2008-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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 717-240-6390. 8. 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. 9. 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. 10. You maybe 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-036888 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more or less according to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trullinger, Jr., in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1168 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY; To satisfy the debt, interest and costs due LSF6 MERCURY REO INVESTMENTS TRUST SERIES 2008-1 Plaintiff (s) From JAMES L. TRULLINGER, JR. AND KATHY TRULLINGER (I) 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$71,712.13 L.L.$.50 Interest JUNE 2, 2010 TO SEPTEMBER 8, 2010 is $1,497.67 Atty's Comm % Due Prothy $2.00 Atty Paid $337.00 Other Costs Plaintiff Paid Date: June 3, 2010 (Seal) David D. Buell, Proth notary By: Deputy REQUESTING PARTY: Name Leslie J. Rase, Esquire Address: Shapiro & DeNardo, LLC, 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 725 Tower Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator 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: July 16, July 23, and July 30, 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 SWORN'I`O AND SUBSCRIBED before me this 0 day of July, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNN My Commission Expires Apr 28, 2014 wit No. ~o1o-sibs civil LSF6 Mercury REO Investments Trust Series 2008-1 vs. James L. Trullinger, Jr. Kathy Trullinger Atty.: Leslie J. Rase ALL THAT CERTAIN piece or par- cel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeastern line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) de- grees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hun- dredths (.49) acres, more or less ac- cording to the survey made by Ernest J. Walker in March 31, 1964. Having thereon erected a one story dwelling and a one (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, by Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the James L. Trul- linger, Jr., in fee. l ~ 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 c~4e~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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: 07/09/10 07/16/10 07/23/10 Sworn to arld'~scribed before me this 05 day of August, 2010 A.D. Notary Public G COMMONw~Ld'N OF PENNSYLYA~JIA Notarial Seal Sherrie L Kisner, Notary Pubiic Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 i Member, Pennsylvanrh ltssociation of Notaries Writ No. 2010-11Q8 CivN Term Z8P8 Mercury R!O Irweehnenq 7twt Serisa 2008-1 Vs James L. Trullingey Jr. Kathy 7Fullinger Aity: Leslie J Rase ALL THAT CERTAIN piece or pazcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at aRaihoad Spike inthe center of Tower Road at the nortbeastem line of land now orlateofLesta 0, Walbom; THENCEalongland now or Lue of Lester 0. Walborn, North forty- seven (47}degrees West one hundredninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowlees, et ux, North twelve (12) degrees nine (9), minutes East one hundred seventy-nihe and,forty-five hundredths (179.45)-feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty~ight (58) degrees six. (6) minutes West forty-ttiree and fifty-seven hundredths (4357) feet to a Railroad Spike, the place of BEGINNING. Containing forty-nine one hundredths (.49) acres, more of less according to the survey made by Ernest J. Walker in March91,1964. Having thereon erected a oce story dwelling and a oce (1) story frame building. BEING THE SAME PREMISES which Tina Marie Young, bq Deed dated June 20, 2006 and recorded August 2, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 4910, granted and conveyed unto the lames L. Tnillinger, Jr., in fee. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS FILED-OFt=ICE. OF THE P!6WHONOTARY 2610 SEP 17 PM 2: 56 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on June 3, 2010 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff eK-?- 35?siS' SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 CERTIFICATE OF SERVICE SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS fU-0-OFFICE C ° TP - RC h'ONOTARY 2010 SEP 17 PM 2: 56 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Les ie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-036888 LSF6 Mercury REO Investments Trust Series 2008-1 PLAINTIFF VS. James L. Trullinger, Jr. and Kathy Trullinger DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1168 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on J 1 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: James L. Trullinger, Jr. 13318 Highway 233 Troy, AL 36081 Kathy Trullinger 13318 Highway 233 Troy, AL 36081 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff