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HomeMy WebLinkAbout10-1528SHAPIRO & 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. 10-037301 MorEquity, Inc. PLAINTIFF VS. Donald M. Witters 5006 Seneca Drive Mechanicsburg, PA 17050 Kathy M. Witters 5006 Seneca Drive Mechanicsburg, PA 17050 DEFENDANTS F;Lm-4ot aCE T1,,t PRCTF V40TARY 2010 MAR -4 PM 2'. 55 PENNSYLVr'IIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: J U ) S ?- C- v-, 0 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. Z ()I l"" ?rl y ck ? 3?fd.7?7 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. 10-037301 MorEquity, Inc. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. Donald M. Witters 5006 Seneca Drive Mechanicsburg, PA 17050 Kathy M. Witters 5006 Seneca Drive Mechanicsburg, PA 17050 DEFENDANTS NO: 16 - / "V111 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MorEquity, Inc., the address of which is, 600 NW 2nd Street, Evansville, Indiana 47708-1013, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: TMS Mortgage, Inc., dba The Money Store Mortgagor(s): Donald M. Witters and Kathy M. Witters (b) Date of Mortgage: May 25, 1999 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1548, Page 808 Date: June 8, 1999 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: TMS Mortgage, Inc., dba The Money Store Assignee: MorEquity, Inc. Date of Assignment: May 25, 1999 Recording Date: March 19, 2001 Book: 669 Page: 445 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). The real property which is subject to the Mortgage is generally known as 8 Poplar Street, Wormleysburg, Pa 17043 and is more specifically described as attached as part of Exhibit "All: 4. The names and mailing addresses of the Defendants are: Donald M. Witters, 5006 Seneca Drive, Mechanicsburg, PA 17050 Kathy M. Witters, 5006 Seneca Drive, Mechanicsburg, PA 17050 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. 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 October 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. 7. The following amounts are due as of February 28, 2010: Principal Balance Due Interest Currently Due and Owing at 7% From September 11 2009 to February 28, 2010 Late Charges Escrow Advances Suspense/Unapplied Balance Title Report Fee Attorney Fees & Costs of Foreclosure TOTAL $54,276.00 $1,884.21 $84.64 $2,978.10 ($119.84) $250.00 $2,713.80 $62,066.91 8. Interest accrues at a per diem rate of $10.41 each day after February 28, 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. 9. 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. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., 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 "B" 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 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: BY: Attorneys for Plaintiff S & D File No. 10-037301 . ate/ c R899Rtii :1 OF DEEDS ' ,illt•18kRMl.iID COUti'iY-Pa ' 99 ,SIN 8 M 3 06 h" Numbon 47.20.1858.184 Aku; mbm tw The Homy 3tvn/Packaging P.Q. Box I" Sacramento, CA 95916-0128 0081034078 MORTGAGE THIS MORTOAGN (' Y bmerr w') Is male tbb Tiro -fifth Day of Hey, 1999 t4wemdmmww ar, Donald M. Hitters And Kathy M. Mutters cbaala ?aornaarrry,lod th. M.aaaee. TMS Mortgage Inc., dbe The Honey Stare wbleh b o a I l and eeieis8 uadw doe lerre e(How Jersey atdwosombmb 4660 Trindle Road Suite 1002. 5hireaanstoW. PA 17011 0ulde-Landa). WIUMU Aa, eartwwa 4 ied*W ro t a g der le dr pdadpd am or Fifty-Four Thousand. Eight HW*w D@4= iU.e. s 54,800.90 ) tosnhe wa1 latelea, rrhlah 1ldohednw b oNaetleed by 9ommsrla aom dmW May 25. 1999 (dw 'Naafi lmeldlq for lwaddy Jetou amm d2f8 p mdw red We", Wm the misom or dm 10"tedmr, it ¦ot Now "Id. doe ad puydA w TO eIMM to Leader too wpwamot of dw ledebt &me wbbnmd by dw mate, wttb bang onomq oelarlooe ad xmw* of do Moog 4e promm or so .der rear, va lawn Ibuooy edeetwd in owdaoa wall d dl lteut{fy )wtamr to prom Ore wu ft or ft samow t ou met red do pednmroeo at dbo wemme rod yrare.e. of Lktteweraeabed 4 all . eeemm date buoy mor4 % 81011 led mavry to leader, dw NuMas duallbed lomrei l.Cteeilsrl Oeulty, talwyhmiu pte'RNI81T 'A' ATTACHED) bebs ibeea n property oommoaly ham m 8 Poplar Street. Harml eysburg, PA 17043 rYatteYLYANYt M0el0A0a tr?ea erSelAel - Re00i1d (Vtoputy Addrm7. 110034PA 1..1.1 r eooci5?8tLOB .808 '"404" AIX E)(h illbi 7WIMM whh W do atproeemana an or bue tr awwd ou dw properly se in e68mamu, lotb, appattcomm ad calla, all of whldt shall be dmbad is be d aso in s pat of do property aswa.d by pi. Sm* lmtsamew. All of the Am oap, topdw with meh pmpaty tar do Iawlrld etm4a tf db 9epttlty WuvMM b as a ItusW y ua wad tia'Praperty,' Bom ww awmnW tin Boreawar te aw(ldty wird of do oasis buoy mwjgw bad pas dw dthr a abotm ttaos and convey We Ptopnty, and dam dr PMptay a moramb"54 except fat anmmhraem of aboard. louorwr wartasu and ooeeaea68 Met 8errmwr +0111 ddmd po rdy Ib aka a We paopeft atahre ad chi= and dombils, VAJtsa is muirsom of roesd. asrtwwar Naha wermda, npwswis bad mywmm u taw" 1. 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AN bsettraw Pa" ad amm& End dtdl bs kt a Mnb deaplrbk N lmdw mad rid! Rieder s aMW nmRVp wtsbs a brat of wad fo a fam wwtapnbId so Ltsder. lade[ dad Ina de dalse w hold On pdkks ad asavak &wd. sued to on two of may awrtgge, dyed of htlp or adwr washy epesnww wills a No *Mcb be pdothy ova tbh seowhy Mwwmad. it my Inswaoe paraMs an olds pgft its Bataww. Nonvoter 90 pewldty pq and emooon N Lwnpr, Itcladlns. whhaui BtwiWmo,tMasdommadNLtsdwstay pemsd aabdabyabackorWardal. Unless lArAw sad sknowar wbawln qae In wvldmg, butanes ptewale dull be gtpiied to nsmation or upelr of the Pmpaty sl aged, If die nownislm w repak Is ettooarslaaily haft ad Lzaler s security Is we to wmd. U d w redangam or upsk Is nee saawdally halble at Larders security waald be lwaaod, as Issuance pwwads shall be apptkd to the asses mated by V& Ssadq taawwed, whslpr or act sbm des, with any ataw paid so 3woww. 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U sbId hcdtlty kuWA*wt Is ad a mil k a am,ettdninm or ¦ piwrd unit dsvolopwmw, brow what paicas dl or somw e, aWaml a Nara !p dalaagm or Owwan s waeedas ee prwnlsta IM cadmddaw w ldaod unit dnhtptaw. Owby4swa std wip"lwa ordw adulastbnlwn w plead melt developtseet. ad wwthow deasimes. UsIM Leodw add Son-OW edtandn -pets In "ag. all eeasdw, payaab or Jedpsww, ht WIM Wow thereat, hr wry laoesy to at daaeen In der ales of dw Psopstly readmi by Itormwa will be wed a aawa as h"apr a Applied N rM prywetr of w out emmed by 11th Seealty Imitomsw, Ma I r or out the duo, with wy arwre paid fa Weseaw tIdlwee terrier stud Bmaatwalsawhe qat lawrldng. NW wpgatioo of peet?de w pWdpd sell out tied Bawow spfa trbat UU the wail sea OsY rerwrod to t ap 2 w etawp of maim of ow en In POUWL value of the Property and etw paadiee fit any atl.w 114tay of W. As cut I of tact award, w pyneas; t w w Jed jo In de /aM MWSYLVAWA MOWMAON Open orlsk"I :'..al wtoo"FA ?.war• =1034676 Poll mA X0 "be darned aohopaWka with -PO m im Pmpeay nd 8arower tt1e6y maeau m wa'h ktermtoilm into ray plaeskle tts"all the Papewy. 7. famw AppUtutha lsotm. aoaownr thin be In drladt twin ik Ia"rkY laatam"t, Uaoaowea; dudes is ma SWUN64 p-, saw aftel Y No or leewalo lalbnalka a asa nn is Leader (w MW in plmlda Laden wet W aleta d kbrartba dhvwy beadas as Laadtr't dnGlm to weed aadh to aoa wwL in maowaiol wht the lea avldslmd by as NOW 1. Aotaeriea N L"ix'a ILWbu k dw herv y. 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N Leda cegolead taapp Worm a a oadtdmu of miles do loan mmw by ddm Sowk to mlams, amm w awl ply io pmthma mm" b wdatda do' aaearo la OTO MR ark der me dw magalramaat far the louuam lambda k anima wilt sortawer'a tad I?dr9 union spwwl or appalab4law. 10, ropmloa. lads mq meta or eeua m L Made twowsblm molds aPm and klpsslou d ie PsbPaty, pmMded 16,1 Iadmr ebhn Ike Baltows Matt Prior b May wtrh Impeula apaeifyks reaaahhHa eeum 16amfor a hulrad m t.ada'a bler"tintie Plaparw. 11. Caad®oattou. 760 ptoeash of ay crud a aldm for dataga, dkm s aaagwWa, fa cam In with ay madanrdac ar alhor Wdg of dim hMmq. or pat iaaat, at par wwoItan to in na orooadanealba. as W* WWed Mad ,ball be pod Is Linda, nkfact m IM weave of any mall dad of cnW or odor mow* g emon: whit a na.hkb his pdodty war Ads Security bw maL In the swot at a mud mhig or do Pro", dw pmmh ddl be applhd to do am nutted ty thk 3madly bmbu ed, winks or Mot dun do, IWi may ants pdd Is lolrowrs. Is Ira eat of a platld Wdoj dev Pm"v in wbkb ter 1591 motor wive d lhi Poepaty Im WWy before the Wdot Is aged m or VWN an is asomad of lb sea a? b1' ?lmldry Inlwlwwcl bwwrdklelybtlou Itmkths. s11mm 8ono11er Mari I.madlf olhuvla IWmo 4 wdtial, Ur as aaund ter ih Mcmft farleum m mYdl 4 mi and by nr merman dtW powde mdg$W by der blindag 6aedw fd der total eraat or rho wet mestwad 6naedlualy tm6te tin taWy. trued by P4 M tilt aalal Willa d is Hopaty banedlalely 1110- the tabbw Any bdmm dull be Ito a Daaowma Is Ito war of a pAd lddq or im ivgeb, in which der dk wads "in of The lhopaay taaedlab 4 Marl do 6ddev h lea Wa ohm netted of do an nomad bwdW* blbn ie W ft uden 9artowmr ad Lads m6awdse WO 11 wAlos or who Wllmbk kw aiswht P1°'w"4 ?be pnwmda abaN N gplhd m der Ova adeatd tY ih amrdty teaaaaa wI I err ea dw Mar man dm d", U dW Papery Is Oaodmod by lbmm t w K char Madan by lads 4 somm r eat on wadaaur oven to art " wad or eak a eft m foe daaya, So cat. Wk to stpod to LMK whW130 days der io der do aens h sivm, lords k aoiodad in called ad M* tam potash. d be optla, dha k ndaela" a apdr of this hu" of tbe- wow by thk amw b&mmmok whoworON imdw. Uahaa Leads ad aomwe mlbwwla Mime Ia wdtbt. ow Wlladhn of pmadm b pdodpd shin we aataed or PON"' 1ho dhr dun din amenity Prsmrmam rafarad tob Patpraphi 1 ad l at d =p tbm amamaat of weh paymaar. tood.546m. Sit PetMMVANr MOMAal wraw otSglnal - Aaaat,l raor-wu . rw.err 0081034878 17. Borrower Nd Rdmwdl rMiaaaw By Lawler Not a waxen Acotptsus or pardel Payo mu entails, ortbe Ilme ibr pgdat of wadillesdom of =Windm of Go met nand by We Smeawky ie"nmm peoed bJ Lead, r eoemovir or ally mama" Is )trawl of Boot wr 60 imt spews to Id a o. is apr gray, go Qdit of do od&d Bmtora and Beewpi =monk Immure. Lander dull sot be twi" p eo d pweedlap spied WA tttmaewr oT seep tekei is nwd Ihaa brpgeat w odaeGdts ? aemtleden d der tom eeawdby add loaalmy tmsbrmnmt by me d may tleownd cede y dm tttlcsd sonewa no Bemwoet wswwse in kW@K ANY Iblbataw by LmMt m one or a ma aatloet Is worelsllte my deli or aunty sounder", orsOesda dfesdid by gplteable low, Will sal be it wily" a(or Famish the Wmmadu of that or my saw slim or eddy. Lads mty eooela parm payuas gem Bormoor, wither wallas or foaft" aq of Its lights town ak Suavity bed weam or raft der Nan was it wGh psymerde an sowed u a psywad in Ac or wIW a owsoom at ow., 13. benw M sad Arelps 8004 lost and sawn) LhMI41 Alpms. The avefteta red imamate huatn cadebrd rhea bled, Gad d w 1I*A Mematier ebdi bum p, the nWWI" utraaau d wdsa of {ardor d Borrawer. UJ*d w Bo ptWWM of PaegespM 17 bu"L All =MUM d WOW* or Bossy Well m Jehe and wtweL Any gamma who dpr ttds Sam ft iutemtat, bet dou ed haute Ya Isom (a) is alpss d& Is wig" butndmt only to madcap, pmt aid array Yoe Bmaowor'e Straus in as hopeq p Leas" mdw on am of ats Sstuky brdommuk (b) Is mot pav"y Beale to do Nor or motor this lerndry Iwbmwd. art N spoor Oat Leader end my dbt Bmmwt wq apse to awed, madly. goner or theme wq aamcoweddsn Ads teed is tba tortes of ibis Snaky bodluGwt or the Note tvllhotl Orr llorsowefs womb 14. Notice. Exempt for may aodw tw olred uder appilabs law to be Siva la mother waewrs W any meow to Bottom povM for Is ds Smelly hrrlmeM gkdl be stem y deawlq It at y Mftg writ soda by that des tndl mddteead is on hopedy Addeaw or is wk sdw sfdew at Bamww my Aadp ma y mein is ruder q prowWad heck, d 0) may vollas is Leader shill be &m by BIN due will to )saw's .lima tend hoods or m web what same u Lerida aq tI Is I by ads p Bosomed u provided bwdiL lugs twat ptorldad far Its this saaalty bounded doll be deemed is have bum shat to Sumwt or Latch when Side In the nest daipod leak. 15, Cstndas Lab SnsrabOW. iu Mss d lard lay g bft to title Stour* lutivo a shall be do sw of die ju usiake Is vM& dm Irreporly is )salad. 'bite fwgdiis uamaoo"nd hell ere eprpebw of 66M law Is 9115 Sao" leaneas. to Sts watt ere XW M* m ardma ofdds h oft bectuttat or as Now willow w16 "Iable law. sack oudild 5pB amt dlsa Nor FMIB a of *b See* bgvimmt at tlr Non wklei an be calm Awe vAllwal ib tatti"M ptovidom, Gad to Ab d, in pasvkhrs adds SmoAy bsmamumt red the lime 1111 lralaad to be rvwebb. As Wed bade, •maw." 'repay` d 'momeyI' rye' btdida dl ear to do taws sot pmWbisd by applicable im or Marisa herein. K Moem ues Capt. Botamor Will be tided a copy of ft Now d of aft Sscu ky hwltwrmd at as due of eeemm11011 w der MC dale bMd. 17. 14oehe et fin Ihapaty or it bou[kW [MUMS h Bodawr. Well err or put aftia ptepeny or my shut Is It Is sold a wwalwrad Ise N m baescdei Warast N Btwmmae L coal er beoetaasd wed Borroeer la sot a te.leral pawn) wifiml SaWn s pttw wdOn mom a, feat w or. at Is aptloo, ngWm kawediw agars s IWI of so end dryad by We Su mully leap L However, ills apllm iWl lit be on" by tadw It sae . Is p d Wlad by frdad lam u of the des of dL howky b*u ml. If fader awdsa ak t oo% lands dill ow Harmer essay or modud aa.'Rw gala shill pm lh a puled of not sw dun 30 days *aa tie doe de mike is ddvad or Mulled rWda w" Bwmw awl pay all sad wemed by title Semdty lwsuwc if Boc atror (A to psy time way prior s do aspirabn of U pedod, Lander say !ovate may nasdks paaktsd by dds Staidly ladrou a t wbbtut eider sows ordem11W on Borrower. is. Aorde ellaai Ruedlw. Humpt u provided 111 Pugnpk 17 hetaf, vpoa Banowa's bn@M of my caytun or Agreement of Ball on s deb Soaft t. Ice W149 do avamts is pep On due may worm soused by this Seeorlly inummeM, tmderPrior to ocadaoloL 1 #4 aNka to uduww u ptwided in Pussnph t4 haeorspe"im; in the PONNYLVARIA ammt'aAmaaem Orlptmml - Reword MOOR-IPA re,rrT 0081034870 16004 irm ,812 Mach; (2) tb sedan mq wd to an suck kudq (y) a d a. am kro am 30 dtpe Amen dw eok 61 nada Is stool to eamne, by whkh PA Mad, wart be pose, sad (4) 6w 6111111111 wo melt INN& as or Wta dm dmp wet(nd In pt notke atq inch to 410n1wagen of go am ptaep I Of ft S"dW t W-W W UNkNw by JrdkW ptma41 III I 7110 Wk0 dirt bdw Ids m Sommer of the *W it voloom dds malty Iwapwnes slier ptaldiw and do rtphl to bdog a sort wake or to wm ba as in" ptosodhq 60 =w *w= of t ddm tar toy otbw dGmse of Bowe a +e0110WO td Ibwdomm If So hepdt Is m and ma or baba W do t- 101td to Yw teach. Lwde, m L adsrs apdoft tohy duhn rt of 6e awe waved by 6k hordtr km mpw is be bvmdm* do mod Impa whom krd d-od . !ew Ad ftm*u be althis to =Mq Immestesto by JMM pwoerdbp at pppfp? by &PPOUble Iru soiled A w of bwek S pdw t skean ys' feet, eastewe, d rem of eocummuy ewldio s, , ' bat bo now muss" the eswpWm of may rawisecw, *dam wd O aids ds rep0dt, stem ifdw haee6 U ma pain to ecwawee rpm dim fie WMt 11141 prytlls d Wt Jedpatea IS ;need n the Has, sa k a rods, of eottty41 fine411assm, Ad be as ato poysbk base dam;flow node do Now 19. Horwo e s RIW to Rdemble. NonwgheImAq LOWW's WWWW n of sb amu twined by obis Sndty k 3-WW kW-0- docoollommol up ww mm died a 9oerowt's baseeb. !epee *AN bm do debt a bars toy paps!- g brSta by 1AWW a ethM 6b ? to am kom p a? We of ale) ?sw? pp tale AN am WhM of say etbr eevameb of wwwmo of aep0 0 ooodlard is 61s am* NuvwW4 _0) Yeaoaar pp a "Womble 41bs a inapt ist do "NOW of SmwW kro4Mamt. LLwAse'a Meat deb Pmp q od lnosae'41 w? J41Yr pW ?6e stette M=od by able 8wmhy feewuttrat dal awbao mltspeI L tlpw mabpsympd tod ate y Rwowe, tbY howelty 11ooaworm d doe 6144"k toe roamd be* im mmrn to smell am ad am a if so wsedaettm hd ,pained tbk II& to wkmad sole = IWY. bttwew?, k tb em erooeelead" pmemm" to PWRM* IT. 20. Aniptmett of Rok Appalotamt of Rsrdr41e. As sdatonl I-MW haemds. owmm busby wlpt m leader 6s emb at On Peop". peortded dm Nottiew des, paler as aed?tsdoa WAW haptopb is baser of aumh ntow of die hopaw, two dm d5m a aAam d waft aft No u 6sy /epos be and ptysbk. Upm somba lea ode pawptptt to baser w sbsadanmeat of 6e Paopaty, Ludw, k patios, by wpw or ley w phd iv-, thdl be atdded a soar opus, elks poemobft of and snip on Pam d to mood by tap erma Papdty b doSos that pmt "All tools.therm by Ltedtrortb ae I duo b led Am a tha saw of mtmpswt or ,k Paprogr tad 1111110111011 of nab, hro1a ft. but W WW a, wesdo e's hoe, PwY1? of tahrea s poookese ;; bad d wuaik asmye' fat, ad dim is do ass tpasd by dab Sstmlry hwmmem. Lmimd do feodwe dA be N66 is MMM OW br,best MU Waft wedwd. 21. Naardon Spbrimem. um.o r shoo flat amp N pomb M pseum; on. ibpoul. swap, or rdru of toy Heerodoes Swbmmaq ac or IN dm t XPM. BMW skirl M do. per d6W w a else a do, w'gdAq dAUI S do he" deaf Is in ekkdea of mV bw(mmeold Lau. To pm ft tap tw1®a did gat WW amp pmsm% tat, er wrap m 1110 t?sepaly O<Ipdi goseddq Or IlprrdOw Su6raots Ibm as pnep11 aweeselad b b gpwpdra br mood noldeodd tbo ed br arrotnensdtis Pspprop. & WNW 94 P-31* dw LWW wdmn soda of toy kYWWft MO. deemed, lowab ar who rodoa by my {a?w+momd er agdwq , qW of pdVW puny b mMq 69 Pmpny d wyr Umwdom lubfma a Uvkiamma LAW of a%ft Ber oun ba road kmwkdp. If 11msewe haves, or Is esp oW by W pm=NW or egdany aolhadw, this wavy -win or ods/ mwwn of aqr sessions memome slbedop 641 Pwpay I, Lkwowerabsll pwempdy awb 1tN awessmy wtadir atatieas b treaadspn wWt oaWweeseW Lse. memsety. M ud to 6d Flool"h 21, 'N UW- Sabbaamw sea I ms rAemro ddowd se Inds sr boewkus atAMmen by eorttoomm al Law d the boowN nbsmnf paid % opetaw , a w fhb w atola p*dm. - , seek pudddm d baiblddm, voWb alwoms, mama womb p seb osse w bnrWbyds, std adkoAive tmrodals. M mad Idds F- Mb 21. '&Wmm aid Lm, cetew 6&W kip d Igoe of IM J a whoa Me ft"w Is loomed thin rolds to hem. nleey or Wmmumwow pmem eo. 11IN1548nm a913 rtaW#nVAt" M0ffMU1 slew Original C !tanned ro007aM re,e.t? 0091034878 23, Reuses. Upon PoYeam ofa0 an maued b bfa basalt' butntttenl, gender aball alaa be SeaMty;Wrameet. lommer shag pqr My relwe late nd eta of teeardxloa ttnlaa rppgrebq law yavlda odlatwln. 23, Pure bin Money Mar(pp. N my of the debt an=" by this lewrlty butturaeat Is hat to lemma to ea tabs dde to do r mpaq, this Smd1l, fnatutment shall be a ptudtw money noalala. Adjustable Rate Mortgage Loan Ridar attached hereto and incorporated herein by this re erence. BY SIQNINO UULOW. Boemwer atapq and gtan to the tame and comma met" In ad a hmrlty lmlrumer and in ay dd *) aa«wad by Berraaaw and awnW with It. CdG` ti3 G?G?/li (saa0 ?tp (seal Ooodd IA Ilenee.l dhy M 1Allf ea aeon.,. (soil (stet} Atty at taw =01rW M. ANSIVNE Cautious of Raman t John Maurer do haeaby onalfy On the conmt addtas m the within amed tattler 1a 4660 Trindl a Road Suite 1002. Shiremanstown, PA 17011 Witten my bed Ihla 23 th day of may 1999 t Meurer p.,eetta,kr CaMUGHINL4WHOFPENNHVLVANIA, Cumberland T Coardyae On thla, rho 25th day of May . 1999 , Warne me, (he udualaaed aflker. PatiensyePPMW Donald H. Hitters and Kathy M. Hlbtaro ftwa to = (or r era abKdbed to Iho wllMa Innrumenu std wAmowtdpd bit they 9 Pmrm) to be the pnaa() whoa manaisi aaewled are swr for the pnryosa hamin oettlalnal. IN WRISIM WUER90P, I berauoto set my hood ad Weld seal. My CMWUIa ? Irou %• • ? ...•.,?? ?$ , K.ug. . ;,:TIC+•' . RfllraElYeelaYOaTeaOEenm Original - Record tam2aFA .N.I w e 0081034076 iooxiMrm AM -t. Sahadula uAo AM THAT CERTAIN lot or land situate to Iho Aoreuph of WOMOD alaaor Cowry of Cumbadand and slats of polo M"enta. lamp Name Padleulsdy boupdad and doeellbod a f lbM to %* SSOtN Ols at a point an the north" gnu of Papla?abaet an the Ilea nmalno Ihmmh the COMW of oar Parton laag bumean RIMINI Nos. a and a Pgdar alrea; gala polol boo ohmiyyd lYd m and gdtwe otm.h=kdd@m (M.3:0 %at reassured wast.W* Many no saAhoal &M al Peo Cannot of ftPW boot and Front atrooh thane In a polpMM Silted nett) the rtodhwap dUeeUarr pallh a wog and Iwyend ono handled aNaoon (11@) foal to OMOMY now Of laic of VVtlkM p #Aadk pmpoa a r uteltj dkl*Qm man uld properly now or tote of morn, F. morda aavaolspl and sb*Ma WWmdndlho (17,831 r" to a PON at it eannor of fando or ohadna O, Drown imlag prop" ft Ill poplar shoot memo to a scum" *06" aws, the am of gold lap 141"i; Q prapany had We"It the aanlar of Die patttton wag bolwean PmP"ft Noe, a and 10 Poplor Street one Mpldnd slrtasn (f 1s) (a at to Poplar Sum: thence in an osatady dtmctlan along "M naMern Ilna of PoPIW Sboat savonlaan and Sidy4hfua ono•huodredihs (17.@3) foal Ina Paint or pliaa of Beglaning. HAMNG THEgpoN araOW a Ihroo glory Rama dwellrtg houso known as No. G Poplar Strati. Womdswnre. Psnnsylvenla; SUBJECT to all oalomenta dghtse/ 4y, 101111100111 and CoVonams ormeold @goxlMrAgs ,815 7 r r Law No, 0081034878 ADJUSTABLE RATE RWZR (Lail 6 Month Libor itima-Ratecipts) THIS ACIUSTADLS RATS RIDUI It gals a thla 25th day at Hay 1999 MW k worpatM.d idr sad pail M dtsetd m amend ad tepphtnad 6a Mettgsga. Dad d Trost ar aaaeiry Decd Mw •imwiey kwhis naud•) of do svaa dre van by do aadeldpaad Ohs 'Borrower') to now Bortoarats Nola (tee 'ware') w 71115 Mortgage Inc., dbe The Money Stare (the 'Leader') of Union dean and tovwlag The pm?ny dcacdbd in the Sasotlty Inututoent tam locoed at: 8 Poplar Street. Worealaysburg, PA 17043 pnanry Addtaq THE NOTE CONTAIN! PROVISIONS ALLOWING poll OHANOMa IN THE INTSMUT MATE AND THE MONTHLY MYNIENT. THE NOTE UMITS "a AMOUNT THE Ep?1CVMWE MITUSItT PATE GAN MANOR AT ANY ONE TIME AND THE MII MUM ANO THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS, In ad"n to the mvenads and aaroements made In The lowift (wtnuneot, Bortaarer and Leader A wdw eavatuN and gne as fbitows: atlL? W DATE AND MONTHLY PAYMENT CHANC119 The wale pwv(des for an Wdol IMNW two of 10.250 %. Tice Note pmvkw for claim In the Insount rata sod an moodily p"Purala, a tdlows. 1, DMINI l'RM AND MONTIU.Y PAVMRNr CIIANGBS W chmo Dew The (darast ate 1 wU pay may change an that 1st day of June. 2003 sad an the I St day of every 6th monlhlsi utcrai aer. Ruh date on whkh no Musser sets mull change is Wild a'Cbaat; Data' (e) 71111 Indio bolo ag wits dm Batt LSTwge Dos, my Imam sea will be based on on Was. TM 'I UA- k the message of IM&ballh afletod will for 6 Month Libor U. ddlea daaaadatad depaea in Tea Landon nudta band an gbetmhros of v*r batdn, we poMilbd toy 71he Wag Srro a Ja n d. The mat snail In" agora avdleble as of Aro 10th day of do alsndac month haaadaldy praadisg cash Change Cap Is Wall Qa •G1 mm lmh a.' If go (atlas he no la W aWUable, of Is no Insist published by The Wog Sired Joumat, the Nate }older will chant. a row India, or aouta of Index the le haled opon comparable Information. The Hole Holder wig give all; sauce of Ihis dtoloe, (C) Celodwm of ckaom Were arh Chistitt Dap, the Nate Haider will edntlde my new Ierateal tale by adding SIX and 215 Paten Ar pol- ( 6.400 %) to arse cam lndac, no Non; Holder wat Om wood Ibs result of rile addition up to the neual onedghth of an puteaga paler (0,111%). Subject to Iho gedu titled In Seale. /(D) below. this rounded stowne w10 be my new Interest rate until the nest Chap Data. MULTISTATE AWMAKE NAT[ NNBI sea arISIM.1 RoveM uoa$Nt . .a " r....aa ni>K154ErdgE ,816 The Role Holder wet thin 4mussion din mawnt or din moibly pgmj tlu( world be a kl&u to topq Me WWW pdodpd IMt I em upnpN to owe r tine Chop Cue hl hd! eo the Muudty Dam at my env Warred Late In submuMelly squid peymmw, lUe ussls of Able adeutrlon will be dts new enarmt of mr mAty paymatL M) db on Internet htus CMga 7bs hasroa um (em b pg a the But CMep Dew w81 au bepahv thon 13.750 % or lees dlwt 10.250 S. lheraller, my k&Kt l nw wW unc be lemseso0 at dowAud on goy 4001T) oDue by amrs then, One pataawte powl) ( 1.from de, rate of hwma ( haw Uae pylg ref to pmmeaj six oandt(IL My laramel rare wld aver be Vann, dta 16.250 %, alms Lhn 10.90%. (W Mae* Fete of Cheapt My new laumet sew wN know eHidlre on, ermb L1twp Dam t w01 pq to emmmt of my new maawy pgmat bgbtelg on ON ttwt moedrh' Pero" date slier Ua OWS6 sue unto did amsuW M my 1011001y pgewat abmtpe apla (1) PuU errcagme no Now Helder wB1 ddWa at melt to era a seeks of my shah is my teams new reed did oaaeat of my =MMy pmymem beNx Ua sBeaNs din of may pgmm dmge. 7M eatla wilt include lofotwA= regolted by law In M Ilwa mo m W also IM d(Is and tdtphmta am eala or a pups who w01 maw any gsatlrn I mg have ngm kl tM seelem. BY SI(ININ(7 BELOW, Hmmm aoaepu and yen to IM was and oayoaealt moouwed In We A4ol is Itmw War. Atty are Law Doaehi M Where •eonmwr TU3017(Y M. AN137IN8 ? / ? tau Re y M Waft n.n..r (86011 •asmswr '+a,??eW:r•r srrtllilr ff.v., "" Slogs Npannttwlnis caU I alCUn*whmdl Be is?lle nk • ? { :; ,' near d dratm l h ?« nw { ht,, t rinA? u ol onetlydlnpdDead& ur' ,:Ati;,rtJL(Zitiervi-arx't ;c f'. tl t ecL d rlaMCesary, la y .f `1+•ii`!1' sr: c!?15eF _p .! uftUaad ,...,.•?i 4Q ?ryld Wrk l ?M ? a e, ay !.? and -" (Smq 4k~ WIMISTATIAONaTMLaNITemowtrea4 UrIgInal - Bsoord omega 8081034878 `i:?i, lot . j548jAm ,Bi.7 tr ,., ..n rl rn' . G December 8, 2009 DONALD WITTERS 8 POPLAR ST WORMLEYSBURG, PA 17043 D- ? tr M Postage $ CO Certified Fee m C3 Return Receipt Fee p (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) Postmark Here t? to Total Postage & Fees ,$ ACT 91 NO] ? , (,1 .0j.1. i4.. r. o ... X`.- 8ireer,' . Mii.; ... TAKE ACTION 7 ° pj_..------------- ? teie: irP'? Ut - YOUR HOME r - 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 (7111212-1869 I This Notice contains important legal information. If you have any question, 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): DONALD WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBURG, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: ISTUN-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBHdTY 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 THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 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 met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and tele hone numbers of designated consumer credit counselin a encies for the count in which the roe is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH, TO DO SO OR IF YOU D NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date) NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 POPLAR ST WORMLEYSBURG, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,269.75 c) Late Charges: $ 21.16 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 0 Less funds in Suspense: $ 119.84 g) Total amount required as of (.December 8, 2009): $ 1,171.07 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1.171.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney 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 tender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY THREE (33) 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 THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in wrttine by the lender and by perfonnina 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 Sheriff's Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the tender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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 By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Morf3quity. MorEquity Inc pcsT PO Box 3788 ? Evansville IN 47736-3788 r7Oiurr2,MEV.?-05. _t._ a ?i? tnm» 7009 2820 0003 8099 31•1 -- '' •4223k;? FA?iLFD FR(iF•,1 711 Donald Witters 8 Poplar St. Wonnleysburg, PA 17043 Is sf NIXIE 176 5E 1 94 RETURN TO SENDER UNCLPA*" p UNABLE TO FORWARD BC: 47736370968 *3070-o6C i 7042-iSi:: 3BM78 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SWI 1 Y VICP lCERTIFIED MAIL RECEIPT J3 .. M Ir -.. December 8, 2009 ? Postage a Certified Fee KATHY WITTERS M 8 POPLAR ST n ( ?? ed) Postm Here Restricted Delivery Fee WORMLEYSBURG, PA 17043 O (Endorsement Required) ru CO Total Postage & Fees rU sent ro ACT 91 N07Qrf},:h?_..... avoeoXNo. ?Ct??1 ?"_...5? .............. TAKE ACTION IF, costare. Z xxl % 6U? 17ay? YOUR HOME 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 In 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 question, 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 ADNNTO ES DE SUMA IMPORTANCIA, PUSS 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): KATHY WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBURG, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: ISTUN-TMS CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE 03) 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 met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 POPLAR ST WORMLEYSBURG, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,269.75 c) Late Charges: $ 21.16 d) Recoverable Corporate Advances: $ 0,00 e) Other Charges and Advances: $ 0.00 f) Less funds in Suspense: $ 119.84 g) Total amount required as of (December 8, 2009): $ 1,171.07 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,171.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged prop 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) 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 THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You ma_v do so by paving the total amount then past due plus any late or other chames then due reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Moifqu,ty 5 MorEquity Inc PO Box 3768 A" Evamville IN 47736.3788 07G6WV (REV 205) 7009 2820 0003 8099 3176 MAILED ? FRGM jP + F.AlSItED ; Kathy Witters 8 Poplar St Rome Wotmleysburg, PA 17043 1st 16j 24 NIXIE 176 5E 1 04 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD E3C: 47736378089 x"3070-064 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 December 8, 2009 DONALD WITTERS 5006 SENECA DR MECHANICSBURG, PA 17050 Certified Fee ACT 91 NOT o . _Sent .°_a!d-------------------------------------- ?. 00r TAKE ACTION o,Posox 7 (rte .--?re, YOUR HOME r, FORECLOSURE This is an official notice that the mort a e on our home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached -ages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to help save your home. This Notice explains how the program works To see if HEMAP can he! 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 Agmcv The name address and hone number of Consumer Credit Counseling Agencies servi our County are listed at the end of this Notice. If you have an uestions You may call the Pennsylvania Housin 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 question, 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 ADIUNTO 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): DONALD WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBURG, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: ISTUN-TMS CURRENT LENDER/SERVICER: MorEquity M 0 Postmark Return Receipt Fee O (Endorsement Required) Here C3 Restricted Delivery Fee E3 (Endorsement Requhed) ru cO Total Postage & Fees $ rU HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-..face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY THREE 03) 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 met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 POPLAR ST WORMLEYSBURG, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,269.75 c) Late Charges: $ 21.16 d) Recoverable Corporate Advances: $ 0,00 e) Other Charges and Advances: $ 0.00 f) Less funds in Suspense: $ 119.84 g) Total amount required as of (December 8, 2009): $ 1,171.07 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,171.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made pavable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the morteage 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 THREE (33) DAYS, the lender also intends to instruct its attorney 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period you will not be required to pav 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 THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department 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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY NMI MorEquityMorEquitq Inc PO Box Ev n 8 vilk IN 47736.3188 070 600621FEV. 2051 - 7009 2820 0003 8099 3183 y?;P pr ?6 l 0 1 V; ti x04223836 } MAILED FROM ZIPC Donald Witters 5006 Scneca Dr Mechanicsburg, PA ? now Ist "ik"A -,% 11 17050 NOW NIXIE 175 5E 1 84 0. RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD SC: 47736378888 * p 0-0605C r I I I l I Jill 1 I l 111 11 I f I I I I (l l l i I I I I I I I I (I I I I I l l i t I I I (I I I I I PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 f?€]stl Srvice TIL~IF0 MAIL RFC`1 6p a-- a m _ December 8, 2009 p- a" a- C3 Postage a KATHY WITTERS Certified Fee M 5006 SENECA DR C3 RetumRecelptFee Postmark C3 (Endorsement Required) Here MECHANICSBURG, PA 17050 0 Restrkted Delivery Fee C3 (Endorsement Required) ru CC Totaf Postage & Fees ,$ ru ACT 91 NOZ C3 s1nr To I .. ............. o sneer,nPCrvo., .. TAKE ACTION 7poenb.+a ....?.._??. YOUR HOME r' FORECLOSURE This is an official notice that the morteaee 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 ma be able to hel 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 Counselin Agencies serving your County are listed at the end of this Notice. If You have an guestions. you may call the Penns 1 atria Housin 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 question, 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, PUSS 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): KATHY WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBURG, PA 17043 LOAN ACCT. NO.: 730599 ORIGINAL LENDER: ISTUN-TMS CURRENT LENDER/SERVICER: Mot-Equity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY THREE (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 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 met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for THIRTY THREE (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY THREE (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date) NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 8 POPLAR ST WORMLEYSBURG, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 1,269.75 c) Late Charges: $ 21.16 d) Recoverable Corporate Advances: $ 0.00 e) Other Charges and Advances: $ 0.00 0 Less funds in Suspense: $ 119.84 g) Total amount required as of (December 8, 2009): $ 1,171.07 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT.- You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,171..07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made savable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rip-lit to accelerate the mortl;aedebt. 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 THREE (33) DAYS, the lender also intends to instruct its attorney 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 our reasonable costs. If you cure the default within the THIRTY THREE (33) 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 THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so bypaying _the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s 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: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 Contact Person: Loan Resolution Department 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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I 1 Y CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 1 MorEquity . MorEquity Inc PO Box 3788 Evansville IN 47736-3788 970-6DD62(REV 2-05( 7009 2820 0003 8099 3190 $ 0 91 4 2 c MAR. D FRO FA Z!P omc- Kathy Witters No" 5006 Seneca Dr 1St ? Mechanicsburg, PA 17050 adsi:r; ia'z6.` NIXIE 176 5E 1 84 C RETURN TO SENDER U- BLELTTO FORWARO - OC : 47736370666 -3070 - OaS05 111iJIIn70/1111170-(SO1F1111i1ns1&IIII III Ieifrl(1/.1 I V PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND CQUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139.143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 4 . r s MorEquity, Inc. v. Donald M. Witters and Kathy M. Witters VERIFICATION The undersigned is Assistant Vice President of MorEquity Inc. and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. MorEquity Inc. Name: Kenneth R. SCheller Title: Asst Vice President Company: Ky Ino. e?80 "a Seoond St 10-037301 Evansville IN 47708 800-289-6988 Tax ID *51-0312284 SHERIFF'S OFFICE OF CUMBERLAND COUNT`i~ ` - w.. Ronny R Anderson ~~-~~r~-''~'.F Sheriff ~~ ~L ~,."" rata of ~"ui+GrrL~~ ~.Vr~„`"5;~?'~'- Jody S Smith ~9 r R r ~ v ?~~~t~~Y ~3 F~; i; !b Chief Deputy - -~ ;~:: ~_ Edward L Schorpp Ct,.'~~'~ „ , ,~ SOiICItOr QF'~,E :: >~~R!Ff ~~^, +l {""^~?''~~~ ~ ~ ~ \ V ! I,VI .: "'. its MorEquity, Inc. vs. Case Number Donald M Witters (et al.) 2010-1528 SHERIFF'S RETURN OF SERVICE 05/03/2010 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: Donald Witters, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/07/2010 Dauphin County Return: And now May 7, 2010 1009 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donald M. Witters by making known unto himself personally, at 3310 Spring Street, Harrisburg, PA 17109 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/12/2010 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: Donald M. Witters, 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 Donald M. Witters. The current resident of 4 Marshall Drive Apartment 10K, Camp Hill, PA 17011 advised Deputies Donald M. Witters does not live at that residence and they have resided at this location since January 2010. the Camp Hill Postmaster confirmed Donald M. Witters is not known at 4 Marshall Drive, Apartment 10K, Camp Hill, PA 17011. SHERIFF COST: $71.94 May 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF jci CounySuite ShenfF. Teieosuff. Inc. Mary Jane Snyder Real Estate Depu William. T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MOREQUITY INC. VS DONALD M WITTERS Sheriff s Return No. 2010-T-1234 OTHER COUNTY NO. 20101528 And now: MAY 7, 2010 at 10:09:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DONALD M WITTERS by personally handing to DONALD M WITTERS 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3310 SPRING STREET HARRISBURG PA 17109 Sworn and subscribed to before me this 10TH day of May, 2010 j ~ NOTARIAL SEAL ARY JANE SDi i DER, Notary Public Highspire, Dauphin County M Commission Ex ices Set 1, 2010 So Answers, ~~°~~~ Sheriff of By _ -~~ Del3uty Sheriff _ _ Deputy: W CONWAY Sheriff s Costs: $47.25 5/5/2010 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3604 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037301 MorEquity, Inc. PLAINTIFF FI~LEfl-OFFICE OF THE PP.OTHO~tOTARY 2010 OCT 26 A~ 10~ 3~E CU~iBERLAPdD COUNTY PE~NSYLVAtd1A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Donald M. Witters and Kathy M. Witters NO: 10-1528 DEFENDANTS PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff 1 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. 10-037301 MorEquity, Inc. PLAINTIFF VS. Donald M. Witters and Kathy M. Witters DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-1528 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on ~ ly to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 Kathy M. Witters 11 Poplar Street, Apt 2 Wormleysburg, PA 17043 Donald Witters 4 Marshall Drive Apt l OK Camp Hill, PA 1701 l Donald Witters 3310 Spring Street Harrisburg, PA 17109 SHAPIRO & DeNARDO, LLC BY: ~`-" Christopher A. DeNardo, Esquire Attorney for Plaintiff