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Home My WebLink About10-1863 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 rl ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 --LOUIS A. SIMONI, ESQUIRE - ID #200869 cri F-)L ADAM L. KAYES, ESQUIRE - ID # 86408 a- MARGUERITE L. THOMAS, ESQUIRE - ID #204460 -" n WOODCREST CORPORATE CENTER - =a -? 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for =CIVIL DIVISION NATIXIS Real Estate Capital Trust 2007-HE2 :Cumberland County 4708 Mercantile Drive Ft. Worth, TX 76137 .Plaintiff V. Tiberiu Lapadat Katarina Lapadat = NO. M) 10£ Hz)-- -}- D_'-Ve Mechanicsburg, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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. S 4bip ALL ,;? 3 ?S YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE 'CONSEGUIR ASISTENCIA LEGAL. 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 n 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 108 Holly Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Upper Allen COUNTY : Cumberland DATE EXECUTED: 10%19/06 - DATE RECORDED: 11/03/06 BOOK: 1971 PAGE: 4064 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay thet installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 03/05/10: Principal of debt due $135,658.88 Unpaid Interest at 7.79t* from 08/01/09 to 03/05/10 (the per diem interest accruing on this debt is $28.95 and that sum should be added each day after 03/05/10) 6,282.15 Title Report 325.00 Court Costs (anticipated, excluding . Sheriff's Sale costs) 280.00 Attorneys Fees (anticipated and actual to 5%- of principal) 6,782.94 TOTAL $149,328.97 *This interest rate is subject to adjustment as more fully described in the note and mortgage. 7. The attorney's fee 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 Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attache hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $149,328.97 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. 0 ICES, P. C. BY: Attorne or Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Q9DUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE n 08-05-'10 16;26 FROM- T-494 P0011/0019 F-282 r United GenW*l -title Insurance Company Commitment Number. GAMOG-oO571 StIMIEDULE C PROPEM --- The land referred to in this Commitment is described as fot ms: AN that certain parcel of land and improvements therein situate in the Township of Upper Allen, County of Cumberland, and COmmonweal8? of Pennsylvania, and designated as Pamei No. 42-28-2421-018 and more fully described in a Deed dated August 26, 1988 and recorded August 29, 1988 in Cumberland County in Deed Bonk 33, Page 772, granted and conveyed unto Tlberiu Laps" and Katarine Lopadat, husband and wife. UNDER AND SUBJECT, nevertheless, to restrictions as contained in previous deeds. Y Certify this to be recorded In Cumberland County PA ' /J (!yam . - "° --: Recorder of Deeds ALTA CWMWIment Schedule C 97 1 Q (GAM06-005>1_Pfb/CrAMO600S71/39) ACT 91 NOTICE DATE OF NOTICE: 09/15/2 009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLEC DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL T A USED FOR THE PURPOSE OF COLLECTING THE DEBT. BE the attached Wages of able to help to save vour home This Notice explains ho w the p param works Notice with you when you meet with the Counseling Agency. 1 hearing can call (717) 780-1869.) 7 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 any 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 notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada 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. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 EXHIBIT A Date: 09/15/2009 Homeowners Name: KATARINA LAPADAT and TIBERIU LAPADAT Property Address: 108 Holly Drive, Mechanicsburg, PA 17055 Loan Account No.: 2000209974 Original Lender: SAXON MORTGAGE SERVICES INC. Current Lender/Servicer: SAXON MORTGAGE SERVICES INC. HOMEOWNERS' 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 PAYMENT'S. 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 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 Ti 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 91 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-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 E17ENTUALLY 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 INFO [tMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMP'T TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) P HOW TO CURE YOUR MORTGAGE DEFAULT Br. it u to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 108 Holly Drive, Mechanicsburg, PA 17055 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: (a) Monthly payment from 07/01/2009 thru 09/15/2009 (3 mos. at $1,001.11/month) $3,003.33 (b) Late charges (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $3,003.33 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 $3,003.33, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made savable and sent to: SAXON MORTGAGE SERVICES INC. 4708 Mercantile Drive North Fort Worth. TX 76137 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 mortea a 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 brings 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 P OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 4 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 an time u 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 costs connected with the Sheriffs Sale ass ecified in writing b the lender and b erformin an other-requirements under the mort gage 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 four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SAXON MORTGAGE SERVICES INC. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-3502 Contact Person: Loss Litigation 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 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. P 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. Contact: Loss Mitigation Department Phone Number: 888-325-3502 HEMAP Consumer Credit Counseling Agencies Report last updated: 9/1/2009 8:42:35 AM CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 570.602.2227 800.922.9537 CRAWFORD County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 Center for Family Services, inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue 724.98'1.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 1'.232.220' Opportunity im.. 301 East Market Street York, PA 17403 717.424.3645 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 526-528 Dekalb Street Norristown, PA 19401 610.971.2210 888.212.6741 Page 8 of 21 LAPADAT, KATARINA KATARINA LAPADAT 1.08 Holly Drive Mechanicsburg, PA 17055 Type of Letter: Act Letter Sent Date of Letter: September 15, 2010 File #: 87707FC County: Cumberland Property: 108 Holly Drive Mechanicsburg, PA 17055 iPitney Bowes Confirmation of Mailing Date: September 15, 2009 September 15, 2009 Certified Mail. Number: 71114342363000695221 P LAPADAT, TIBERIU TIBERIU LAPADAT 1.08 Holly Drive Mechanicsburg, PA 17055 Type of Letter: Act Letter Sent Date of Letter: September 15, 2010 File #: 87707FC County: Cumberland Property: 108 Holly Drive Mechanicsburg, PA 17055 imm?n Pitney Bowes Confirmation of Mailing Date: September 15, 2009 September 15, 2009 Certified Mail Number: 71114342363000695368 n MR ??('f i4 ? j •?' It x _ Not-caorr Hofac Goldbeck McCafferty & McKeever> Attorneys for: Saxon lbrtgagg Servirps 4708 Mercantile Drive North fort worth, Texas 76137 mortgagee Name & Address (from How to Contact the Lender section of Act 91 Notice) Mailing Date: 10/15/09 In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), this is to inform you that we have been approached for mortgage counseling assistance by: Katari.na & Tiberiu La at 108 Hotly Drive , -bani r_atmrg- PA 370S5 (Name and Address of Applicant) 2400209974 (Mortgage Loan Number) This counseling agency has had a face-to-face meeting with the above-named applicant on 10/15/09 , who indicated that they are more than 60 days delinquent on their mortgage payments and have received an Act 91 Notice of Homeowners' Emergency Mortgage Assistance Program dated 9/15/09 from: 411U1J Mercantile Drive Nn .-h Fort Worth, Texas 76137 (Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Act, this is to inform you that: 1. Within 30 days from the date of the face-to-face meeting, we intend to forward an application to the Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program on behalf of the above-mentioned applicant(s). 2. By a copy of this Notice, we are notifying any other mortgagees identified by the applicant(s). 3. No legal action to enforce the mortgage may occur if a timely application is filed. The homeowner(s) must have a face-to-face meeting with a .Consumer Credit Counseling Agen" within 33 days from the date of the Act 91 Notice and an application must be received by PHFA/HEMAP within 30 days of the face-to. face meeting in order to be protected by this forbearance period. Name of Counseling Agency amm,,;ty Actin, a,,,,,; - Address M aU= PA 17104 Telephone No. (717) 232-9757 f. . . . DATE: 10/16/09 Goldbeck McCafferty & McKeever Attorneys for: TO: Saxon mortgage services 4708 Mercantile Drive North Fort Worth Texas 7bi 7 RE: Katari a & Tiberiu Lapadat 108 Noll Drive p^ .anus g, PA 1 055 SS # 130-X46-8753(Katarina) 053-50-6047(Tiberiu} Mortaraae Acct, 4.1 In accordance with the Homeowner's Emergency Mortgage Assistance Program; this is to inform you that we have assisted the above- referenced applicants in the preparation and submittal of an application for assistance to the Pennsylvania Housing Finance Agency. Date application mailed to PHFA/HEMAP: 10/16109 `ty Actim X10, U- &Counseling Agency Counselor Signature *8 torne s for: To: xoa Al?ortgage Services rcan z e ve I or art rt , exas 13 Applicant Name : tatarinn m; ,.....,- Date: 10/15/09 Counseling Agency Q7tt,? Account No. 2000209974 Please return to the counseling agency within 15 days so the application can be forward d to PeMt. nns J a ?,a Housing Finance Agency on a timely basis. a ylv ani I (we) authorize the release of my (our) mortgage credit information which will be used Agency to aid them in making a prompt decision on our application by the PA Housing Finance Signature of Homeowner ,Signature of Homeowner SS## / 3 c`? - q 6 - 8 7,5-3 SS# Q 1? ?p? The above -referenced applicant has applied to the HEMAP Program for aid with their delinquent The following Information will help us to make a prompt decision of eligibility, All Information will confidential. Please include a mo mortgage. rtgaga credit history and an appraisal If available: be kept 1. Mortgagor's Name(s): 2. Address(es) of Property, secured by Mortgage: 3. information about the Mortgage: a) Original principal amount: b) Term: Demand Note?: c) Interest Rate: Balloon Pmt.?: e) Name of Original Mortgagee: Name of Last Assignee (if appiicable): Date Mortgage Originated: Mortgage Recorded in $oak/Volume: Date Mortgage Recorded: Last Assignment Recorded in Book/Volume: Page: f) Purpose of Loan: ., _ _, Page: ---.-. 4.,Type of Loan: (conventional, FHA, VA, other/explain ) 5. Present Mortgage Balance: 6. Monthly Payments: a) Principal and Interest. b) Escrow Pmts: R/E Taxes: Hazard lnsurance: If no escrow, please Indicate c.) TOTAL MONTHLY PAYME? (N/A) for "not applicable-. 7. Amount of Delinquency: a) Principal b) Interest c) Escrow d) Late Charges e) Miscellaneous TOTAL DELINQUENCY as of .:;APPEl?DIX B Notification of Face-to-Face Meeting . Date: 10/14/2009 Goldbeck McCaffe & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Phone: Philadelphia, PA 1910fi _ (570) 420-8980 Attn. Rose Hunter Fax: (570) 420-8981 Mortgagee Name & Address In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), this is to inform you that we have been approached for mortgage counseling assistance by: Marina Capriano 511 Thunder Drive Township of Coolbaugh PA 18346 (Property Address of Applicant) 5303323199 (Mortgage Loan Number) 'Ibis counseling agency has had a face-to-face meeting with the above-name applicant on 10/14/2009 , who indicated that they are more than 60 days delinquent on their mortgage tea*rments and have received ar Act 91 Notice of Homeowners' Emergency Mortgage Assistance aan. oaL;;; - of 2,3L° ?roxz Washington Mutual (Name of Mortgagee) In accordance with the Homeowner's Emergency Mortgage Assistance Act, this is to inform you that: 1. Within 30 days from the date of this notice, we intend to forward an application to the Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program on behalf of the above-mentioned applicant(s). 2. By a copy of this Notice, we are notifying any other mortgagees identified by the applicant(s). 3. No legal action to enforce the mortgage may occur if a timely application is filled. The homeowner(s) must have a face-to-face meeting with a Consumer Credit Counseling Agency within 33 days from the date of the Act 91 Notice and an application must be received by PHFA/HEMAP within 30 days of the face-to-face meeting in order to be protected by this forbearance ueriod. Name of Counseling Agency CCCS of NEPA Address 411 Main Street, Su' . 104 Stroudsburg, PA 18360 The PA Housing Finance Agency can be reached TOLL FRE Telephone No. E at 1(800) 342-23977 , or 1(7??780-3940 Appendix B (2) Page 1 of 1 4 , M PHFA HOMEOWNER'-S EMERGENCY MORTGAG To: Goldbeck McCafferty E ASMTANiGE & McKeever PROGRAIVI 5ulte 5000 Mellon Inde ndence Center Date: 10/14/2009 701 Market Street Acct. No. 5303323199 Philadelphia, PA 19106 Attn: Rose Hunter Homeowner Name: Marina CaDriann :MORTGAGE CREDI{1` F.0111 ATIOT STET ° ;; Please return to the counseling agency listed below within 15 days Housing Finance Agency on a timely basis so the application can be forwarded to Pennsylvania . CCCS of NEPA 411 Main Street, Suite 104 Telephone: (570) 420-8980 Stroudsburg, PA 18360 Fax: (570) 420-8981 I (we) authorize the release of my (our) mortgage counselor: Jennifer Collins Agency to aid them in making a prompt crodi information which will be used by the PA Housing Finance ecis' non application. Applicant's Signature: sS# 112-80-7615 Co-Applicant's Signature: N/A The above named mortgagor has applied to the HEMAP program for aid wit N following information will help us to make a prompt decision to assist the IN theiborrowerr to bring delinquent nt mortgage. The their loan with your organization. All information will be kept confidential. Please include a mortgage credit history and an appraisal if available. I . Mortgagor's Name 2. Property address in foreclosure 3. Terms of Mortgage: a.) Original amount ------------ j errs Demand Not,-, interes: Z.atti Balioor, Pvm.." d.) Monthly Due Date e.) Date Loan Originated f.) Purpose of Loan 4. Type of Loan (conventional, FHA, other) 5. Present Mortgage Balance 6. Monthly Payments: a.) Principal and interest b.) Escrow Pymts: R/E Taxes Insurance If no escrow, please indicate c.) TOTAL MONTHLY PAYMENT: (N/A) for "not applicable". 7. Amount of Delinquency: a.) Principal b.) Interest c.) Escrow d.) Late Charges e.) Miscellaneous TOTAL DELINQUENCY 8. If this is an FHA mortgage, was it FHA Title II? as of 9. List dates of other foreclosure notices sent to these homeowners 10. Date of last full payment: n to what month was it applied Authorized Bank Signature Date Phone # Ext You will be contacted, if approved, so 800#'s are not acceptable, unless an Wension is given Fax # Mtg Verification (2) Page 1 of i V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDR CES, P. C. BY: Attorne r Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFF 'c -,,. OF 77 "'O PEAR 22 CUP,r, t. C Deutsche Bank National Trust Company vs. Case Number Tiberiu Lapadat (et al.) 2010-1863 SHERIFF'S RETURN OF SERVICE 03/18/2010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tiberiu Lapadat, by making known unto Tim Lapadat, Son of defendant at 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 03/18/2010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Katrina Lapadat, by making known unto Tim Lapadat, Son of defendant at 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 March 19, 2010 NOAH CLINE, DEPUTY SO ANSWERS, -6?? RON R ANDERSON, SHERIFF iC; CCU+ityS,wR0 ShenR. Tee^.srtl Inc UDREN LAW OFFICES P.C. MARK J. UDREN, ES UIRE - ID #04302 STUART WINNEG, ES UIRE - ID #45362 LORRAINE DOYLE, E QUIRE - ID #34576 ALAN M. MINATO, E QUIRE - ID #75860 CHANDRA M. ARKEMA ESQUIRE - ID #203437 LOUIS A. SIMONI, SQUIRE - ID #200869 ADAM KAYES, ESQUI E - ID #86408 MARGUERITE THOMAS ESQUIRE - ID #204460 WOODCREST CORPORA E CENTER 111 WOODCREST RO SUITE 200 CHERRY HILL, NJ 0 003-3620 856-669-5400 plea ingsQudren.com ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Deutsche Bank Na Tonal Trust Company, as Trus ee for NATIXIS Real Est to Capital Trust 2007-HE2 4708 Mercantile rive Ft. Worth, TX 76 37 P aintiff v. Tiberiu Lapadat Katarina Lapadat 108 Holly Drive Mechanicsburg, P 17055 D fendant(s) To the Kindly note on Lapadat and Ka NO. 10-1863-civil SUGGESTION OF BANKRUPTCY t7 C ~_ `n . -:~. ° c_.. -~ ~_ z . , (' _ _ _ ~ _ - ~„ _ =- ~:. _ -- =~ ~=, record that the above Defendants, Tiberiu na Lapadat have filed Chapter 7 Bankruptcy in the Middle District ~f Pennsylvania on May 11th 2010, Bankruptcy Case No. 10-03912. UDREN~LA,~W/ OFFICES , P . C . BY: I I~JUOnr ~l,( Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingstudren.com Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Tiberiu Lapadat Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-1863-civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF C T rT1 J` ? 73 73 C: : i -- Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Tiberiu Lapadat and Katarina Lapadat for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $149,328.97 Interest Per Complaint 5,500.50 From 3/6/10 to 9/11/10 TOTAL $151,471.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: _ Attorneys for P ainti.ff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE ..i LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. AR EMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS IN2T TFD ( ?I?.oO Ply At-1r/ c'? !(p0343 DATE : IWO OTHY Omkee k"4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff CvWbcr'4.14 Jody S Smith Chief Deputy Edward L Schorpp " Solicitor orplc vF K $ of Iwr Deutsche Bank National Trust Company vs. Tiberiu Lapadat (et al.) Case Number 2010-1863 SHERIFF'S RETURN OF SERVICE 03/18/2,010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tibehu Lapadat, by making known unto Tim Lapadat, Son of defendant at 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 03/1812010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Katrina Lapadat, by making known unto Tim Lapadat, Son of defendant at 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 March 19, 2010 NOAH CLINE, DEPUTY SO A NSWERS,' 6Z ?? RON R ANDERSON, SHERIFF ;c orn':t;?Jiille Shan't. 7em-oavft Ix UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings +dr n_ Qm Deutsche Bank National Trust Com any, as Trustee for NATIXIS Real Estate apital Trust 2007-HE2 Plaintiff V. Tiberiu Lapadat Katari.na Lapadat Defendant(s) TO:. Tiberiu Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Date of Notice: April 8, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-1863-civil 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 DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST-YOU WITHOUT A HEARING AND YOU MAY LOSE Y6bR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE EL TRIBUNAL ECES DAD O DE ECODIEZ (10) MPARARECER IUSTED EN T CORTTE NOTIFICACION ALGUNA DDfCTAR 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, 0 SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO,. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 e l,oarli nanQuAra nom Deutsche Bank National Trust Com any, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 Plaintiff V. Tiberiu Lapadat Katarina Lapadat Defendant(s) TO: Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Date of Notice: April 8, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-1863-civil 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013. 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECES SENTENCCAIA EN SUMCONTTRRAECEUSTEDEPUEDECPERDER BIENES Y ORROSADERECHOh,DICTAR IMPORTANTES. DEBE LLE`VAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. STUART WINN G ESQUIRE LORRAINE DOY , ESQUIRE ALAN M. MINATO ESQUIRE CHANDRA M. ARK04A, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat NO. 10-1863-civil Katarina Lapadat Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age. Residence: Employment: Tiberiu Lapadat Over 18 As captioned above Unknown Katarina Lapadat Over 18 As captioned Unknown Sworn to and subscribed before me this 11 day f Septemb fry, 2010 . above Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. iTotaryC)i Tl*RS v NOTARYKAXOFNE1NJEY C0Mnjsdon B*es 1011SW3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE. CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust `:COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat :NO. 10-1863-civil Katarina Lapadat Defendant (s) TO: Tiberiu Lapadat 108 Holly Drive Mechanicsburg, PA 17055 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. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin 9/15/10 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 Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital =Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat NO. 10-1863-civil -ts LLw' Katarina Lapadat Defendant(s) C) PRAECIPE FOR WRIT OF EXECUTION r "-? =- . C. 1 TO THE PROTHONOTARY: - Please issue Writ of Execution in the above matter: Amount due ,., °-47 ISI q Y/-g7 4- r__ Interest From 9/12/10 2,547.60 to Date of Sale December 8, 2010 Ongoing Per Diem of 28.95 to actual date of sale including if sale is held at a later date (Costs to be added) *c14 . oo p a ATrY 53.00 08F 4'01.00 I4.oo " a`?.50 185.50 -PD ATN 4.1.00 I. 601 60 L(, UDREN LAW OFFICES, P.C. BY: Attorneys f6--F-rinfiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE e f foG134 q 2f ay8Wq Re LaOillW-ad -P -*-c-ziLCw4k ad UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust ;COURT OF COMMON PLEAS Company, as Trustee for NATIXIS ::CIVIL DIVISION Real Estate Capital Trust 2007- :Cumberland County HE 2 ?- Plaintiff ::MORTGAGE FORECLOSURE fF, -u :.? c v M r . . 1 Tiberiu Lapadat ENO. 10-1863-civil ? ' `-- Katarina Lapadat _ Defendants? - CERTIFICATE TO THE SHERIFF ~ i J I HEREBY CERTIFY THAT: -C I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) C. In Mortgage Foreclosure X - D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X -B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: Attorneys fri F anti-ff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES P .C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust =COURT OF COMMON PLEAS Company, as Trustee for =CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat -NO. 10-1863-civil Katarina Lapadat Defendant(s) C E R T I F I C A T E {'._ ` _.. ' TI I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant { X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: Attorneys fo,0.l?aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 • `WREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 Plaintiff V. Tiberiu Lapadat Katarina Lapadat Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-1863-civil AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee Estate Capital Trust 2007-HE2, Plaintiff in the its attorney, Mark J. Udren, ESQ., sets forth as Praecipe for the Writ of Execution was filed the information concerning the real property located Drive Mechanicsburg, PA 17055 Z..,- ?... % ,. i C , cit ? r.-' i_ for NATIXIS Real ibove action, by of the date the following at: 108 Holly 1. Name and address of Owner(s) or reputed Owner(s): Name Address Tiberiu Lapadat Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 16 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National Trust 4708 Mercantile Drive Company, as Trustee for Ft. Worth, TX 76137 NATIXIS Real Estate Capital Trust 2007-HE2 Mortgage Electronic PO Box 2026, Flint, MI 48501 Registration Systems, INC 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 108 Holly Drive Mechanicsburg, PA 17055 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. sec. 4904 relating to unsworn falsification to authorities. DATED: September 10, 2010 UDREN LAW OFFICES, P.C. BY -- Attorneys fo aintif MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID # 04302 STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for .CIVIL DIVISION NATIXIS Real Estate Capital ::Cumberland County Trust 2007-HE2 ' Plaintiff ::MORTGAGE FORECLOSURE V. Tiberiu Lapadat €:NO. 10-1863-civil Katarina Lapadat Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Your house (real estate) at 108 Holly Drive Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $154,829.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee fro NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2, Plaintiff (s) From TIBERIU LAPADAT and KATARINA LAPADAT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION - (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151, yxl.',27 L.L. $.50 Interest from 9/12/10 to Date of Sale 12/8/10 ongoing per diem of $28.95 to actual date of sale including if sale is held at a later date -- $2,547.60 Atty's Comm % Due Prothy $2.00 Arty Paid $185.50 Other Costs Plaintiff Paid Date: 9/15/10 A ::;2y 41 vid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LORRAINE DOYLE, ESQURIE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RAOD, SUTIE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: STUART WINNEG, ESQUIRE - ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(audren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for NATIXIS Real Estate Capital :CIVIL DIVISION Trust 2007-HE2 Cumberland County Plaintiff { :J V. Tiberiu Lapadat :Tft Katarina Lapadat : NO. 10-1863-civil Defendants MOTION FOR REASSESSMENT OF DAMAGES Plaintiff/Movant, Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2, by its Attorney, Stuart Winneg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter and in support thereof avers the following: 1. This is an action in mortgage foreclosure in which Plaintiff/Movant entered judgment against the Defendants/Respondents in the in rem amount of $151,471.27, on or about September 15, 2010. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit «A", 2. The mortgaged premises is currently scheduled for the Sheriffs Sale on December 8, 2010. Subsequent to the entry of judgment, Plaintiff/Movant discovered that, inadvertently, the Praecipe for Judgment had included incorrect amounts and therefore, the Plaintiff/Movant seeks to correct the record by filing the instant Motion For Reassessment of Damages. 4. Subsequent to the entry of judgment, additional sums have been incurred or expended on Defendants'/Respondents' behalf, which sums include, but are not limited to, taxes, insurance and ongoing per diem interest, and Defendants/Respondents have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal of debt due and unpaid $135,658.88 Interest at 7.79% from 07/1/2009 to 10/12/2010 (the per diem interest accruing on this debt should be added each day after 10/12/2010) 13,443.71 Escrow Overdraft/Balance 1,413.19 Late Charges 200.24 Property Inspection Fee 125.50 Prior Servicer Fees & Costs 567.00 Bankruptcy Fees & Costs 550.00 Foreclosure Costs To date 2,105.00 Reasonable Attorneys Fees (actual ) 1,350.00 Suspense Balance 64( 8.18) TOTAL $154,765.34 5. Under the terms of the Mortgage, Plaintiff/Movant is entitled to inclusion of the amounts set forth in paragraph 4 as part of the judgment, and accordingly, attached hereto as Exhibits "B" and "C", are the Mortgage and Note, allowing Mortgagee (Plaintiff/Movant) to charge Mortgagors (Defendants/Respondents) the amount set forth herein, including, inter alia, attorney fees, costs of suit, and authorizing Mortgagee to place insurance if Mortgagors fail to do so. WHEREFORE, Plaintiff/Movant prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed, in rem, in the amount of $154,765.34, as set forth hereinabove. UDREN LAW OFFICES, P.C. MARX J. VDRBN, ESQUIRE - ID #04302 STUART WnD=, ESQUIRE - ID #45362 LORRAINE DOYLE,.kSQUT3W - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CRMRA M. ARXEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCRBST ROAD, SUITE 200 CHERRY BILL, Na 08003-3620 856-669-5400 pleadi.a5seudrea.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for NATIXIS Real Estate ::CIVIL DIVISION Capital Trust 2007-HE2 :Cumberland County 4708 Mercantile Drive Ft. Worth, TX 76137 c MORTGAGE FORECLOSURE Plaintiff V. Tiberiu Lapadat NO. 10-1863-civil Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Defendant(s) PRARCIPE FOR JUDGK NT FOR FAILURE TO ANSMM AND ASSESSIMT OF-DAMAGES TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Tiberiu Lapadat and Katarina Lapadat for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $149,326.97 Interest Per Complaint 51500.50 From 3/6/10 to 9111110 TOTAL ,$151,471.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: Attorneys for 11IMIntiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY EXHIBIT A 9 TRUE k8tRTIFIED COPY [Space Al,ove U& Line For Recording Daial MORTGAGE hm: 100195910003337238 DEFINITIONS 0- CE"IFIFa T... GQAy Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 19, 2006 , together with all Riders to this document. (B) "Borrower" is KATARINA LAPADAT and T1I3ERIU LAPADAT, WIFE AND HUSBAND Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee for Leader and Leader's successors and assigns. MERE is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, W 48501-2026, tel. (888) 679-MFRS. (p) "Lender" is FIRST NLC FINANCIAL. SERVICES, LLC Lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of THE STATE OF FLORIDA . Lender's address is 700 W. HILLSBORO• BLVD. 5-1 #204, DEERFIELp BEACH, FLORIDA 33441 (E) "Note" means the promissory note signed by Borrower and dated October 19, 2006 The Note states that Borrower owes Lender One Hundred Forty Thousand and no/100 Dollars (U.S. $ 140,000.00 } plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 01, 2036 (F) :`Property" means the property that is described below under the heading "Transfer of Rights in the Property-" (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, acid all scans due under this Security Instrument, plus interest. PLcI'MYLVANIA-Single Family-Fannie MadFreddie Mae UNIFORM 114STRUNIMT Form 30391/01 OFEAUAWQ ¦ REM 27SOLl (00 1)-MFRS (Page 1 of 16 pages) To older W. I-ND-530.9393 OF= 616.741.1131 EXHIBIT B 0 0 (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): OX Adjustable Rate Rider r] Condominium Rider ? Second Home Rider [l Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify) 14 Family Rider ? Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (Iii "Eleetronle Funds Transfer" means any transfer of finds, other than a transaction originated by check, draft, or similar papa instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, pain"f--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I.) "Escrow Items" means those items that are described in Section 3. (1+v1) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) `Terlodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) ITMPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2501 ct seq.) and its implementing regulation, Regulation X (?A C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, `RESPA" refers to all requirements and restrictions that are imposed in regard to a PE3-MYLVANIA---Sing1e Fatally-1zw=de MadFreddic Mac UNIFORM INSTRUMENT Form 30391/01 GREA-HAND U ITEM 276= (00111-MERS (Page 2 of 16 pages) To OrduCA:1.80U-33M93 QFua1E791-1i91 0 0 "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means say party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (H) the performaum of Borrower's covenants and agreements under .this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Leader and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the Cotltt?]/ Mpe of Recording r unction) of CUMBERLAND [Name of Recording Iudedielioul SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 108 HOLLY DRIVE tStreetl MECHANICSBURG , Pennsylvania 17055 ("Property Address"): ICityl {Zip Codel TOGETHER WITH all.the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary,to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. . pM,WsyLVANU-Single Famsfly-Rannie MatiFreddte Mae UNIFORM INSTRUMENT Form 30391/01 nEM27MU (0011}-FaERS (Page 3 of] 6pages) To order C41;1-Bfl0.630.93130ft.616.7914191 0 0 BORROWER CO'V'ENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with l mitv3 variations by jurisdiction to constitute a uniform security instrument covering real ProPerty. . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: . 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Notd and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or earner's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender tray return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, witbout v.,aivea of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unappliexd funds. Lender may hold such unapplied funds until Borrower mattes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or perfomonrg the covenants and agreements secured by this Security Instrument. Z. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due tinder this Security Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the exte»t that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more PENNSYLVANIA.-Single FamDy-Fannie Madl+reddle Mac TIMORM INSTRUKENT Form 30391/01 e3REATLAND r ITEM 27601.4 (0011?-MERS (Page 4 of 16 pages) To Order Cat 1.800.530.00 AhX: 616-791.1131 9 k 0 Periodic Payments, such excess may be applied to any fate charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. , Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under tilt Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) Ieasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lien of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called ''Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Comununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Leader Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Leader requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covcmmt and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revolve the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Leath all Funds, and in such amounts, that are: then required under this Section 3. Lender may, at any time, collect and hold. Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits sire so insured) or in any Federal Home, Loam Bank. Leader shall apply the Funds to pay the Escrow Item no later than the time specked under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not he required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined cinder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to PENNSYLVANIA-Single Panuly-Fannie MadtreMe Mac UNIFORM INSTRUMFNT Form 3039.1/01 tT9M 27SOL6 toot 1)-MERE ?????D (Page 5 of 16pages) To Order Cat t•600•63WD39313t^jx;616•791•1131 0 Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds meld in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lendez. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secuured by the lien in a manm r acceptable to Lender, but only so long as Borrower is'performing such agreement; (b) contests the lien in good faith, by, or defends against enforcement of the lien in, legal proceedings which in Lcnderts opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a liar which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage; and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the terra of the Loan. The insurance carrier r providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either, (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time re mappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Leader's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in die Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. PE WSYLVAtdU---Single Family Faaale Maefflreddte Aiac UNIFORM INSTRUMENT Form 30391/01 nRP-A'aANiD ¦ reEM 27GOLG (M111-MZRa (Page 6 of 16 pages) To OrdarGall: i-800.530.9393 07ax;516191-1131 r 0 0 All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee, Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any foam of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and. Leader's security is not lessened. During such repair and restoration period, Lender d a have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section. 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rigbts to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights am applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restorations in a single payment or in a series of progress payments as the work is PEMSYLVANIA--Singe Family--Fannie Maefteddte MaeIMORM MTRUKENT Form 3039 V01 QFWATLAND 31 ITEM 27SM7MOSI)-UEaS (Page7of16page3j ToWar C ;i400.590-9393OF=616-791.1131 completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the ingprovemeats on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations include, but are not limited to, representations conceming Borrower's occupancy of die Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal. proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest m the Property and rights under this Security Insh unent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Larder's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entaenng the Property to make repairs, change locks, replace or board up doors and wiadows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward tine premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially cquivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, PEMS'YLVANU--Single Family--Fannie Mae/FreMe Mae UNIFORM INSTRUM NT Form 30391/01 OREATUINO r ITEM 27,01., (0011)-MERa (N8e 8 of 16 pages) To Order Cal; t-M-630.%9313F1x:616.781-1131 notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the, amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lnnder's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insuranm Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from. (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any--with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Thew rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,"auftr to reclelve a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation ar termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lnder's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the PEMVSyLVAmA-Single Family-Fannie Mae/Freddie Mac UNIFORM IMTRUMENT Dorm 3039 IHIl aREATLANU a eTEM 27a0L9 W11-Mt:RS (Page 9 of 16 pages) To fto Cd: S-BW53"39313Fax: 656.761.1531 0 9 excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the Martial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums seeured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to.Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Instrument, whether or not then due. "Opposing Party" moans the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the irnpahmeat of Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. PENNSYLVANIA--Single Family-nannie MaelFreddle Mee UNIFORM INSTRUMENT Dorm 30391/01 QREATLAND ¦ MM276000(OOIt)--MEFIS (page 10 of16pag-) To order Cal: 1-m-M-MG3flFA)cSIVD1.1131 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's intent in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make, any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Insttument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services 'performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security hmstnmment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on. the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the, Loan exceed the permitted limits,' then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refrmded'to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by mailing a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Inure nt'sball be deemed to have been given to Borrower when trailed by first class mail or when actually delivered to Borrower's notice address if sett by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, them Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Leader's address stated herein unless Lender has designated another address by notice to Borrower, Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of PET%MYLVANIA-Single Family-Fannie Mae F reddte Mae i NWORNT INSTRUMMT Farm 30391/01 GREATLANO In TaOtdwGa6:1 366.536R343O(tix 6ie79i•113i ITEM 27a0Li1 M010-MIERS (Page 11 afl6pager) 9 0 Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower flails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without furthernotice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower` meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument: Those conditions are that Borrower. (a) pays Leander all sums which then would be due under this Security Inst ument and the Note as if no acceleration ha4 occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender rimy require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected. by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cbeck is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 28. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower, A sale might result in a change in the entity (known as the'7-oar Servieer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing P=%6YLVANIA--Single Family-Fanate Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 OFIEATIAND ITEM 27$DL12 a (DDii).-MERS (Page 12 ofl6paps) To orderCal; 1-6903 93OF=61&791.1131 0 0 obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Sdrvicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) ",Hazardous Substances" are those substances defined as toxic; or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall-not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental dr regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envimamental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-Single Famfl --Pannie Mae/Freddfe Mac TJWORM MMUMENT Dorm 30391/41 GREATLAND s ITEM 2760L13 (0011)--MERE (Page 13 of 16 pages) To War Galt 1-800.530.9393rrffx:616-721.101 E NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall glue notice to Borrower prior to acceleration following Borrower's breach, of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default midst be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment In full of aU sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instr uamt, this Security Instrument and the estate conveyed shall terminate, and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this. Security Instrument. 26, purehase Money Mortgage. 1I. any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rage payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Maet#reddre Mac LMORM WSTRi3tVA:NT Form 30391/01 GHEATLAW K ITEM 278OL14 (0011 --VEHS (Page 14 of 16 pages) To order Car:1 60(+ 530 9393 ohx; 816 791.1131 0 9. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seat) (Seal) KATARINA LAPADAT ?i -Borrower TIBERIU LAPADAT Borrower -(Seal) -Borrower (seat) -Borrower Witness: j 0 L -(Sea) -Borrower -(Seal) -Borrower Witness: AL)4,L PENNSYLVANIA--single Family-Famde Mee/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 OREATLAND ¦ rrEM 2760L16 t0011"ERS (Page 15 oj16 pages) To Order Cal:1-M•63U•93A3 Mm: 616-791-1131 0 Stateof Pennsylvania County of CUMBERLAND C On this the 19th day of October 2006 , before me, the undersigned officer, personally appeared KATARINA LAPADAT, TIBERIU LAPADAT known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged That executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offrc JAL JEKU4L1H OF Naturigi Seaol Nod A. Gev NotaryPub'c eyfg SSvea• TW . roberbnd u Title of off] oft M Cow lbn res Aril 24 2016 My commission expires: After Recording Return To: FIRST NLC FINANCIAL SERVICES, LLC 700 W. HILLSBORO BLVD. B-1 #204 DEERFIELD BEACH, FLORIDA 33449 CERTIFICATE OF RESIDENCE I, Scott Taylor do hereby certify that the correct address of the within named lender is 700 W. HILLSBORO BLVD. B-1 #204: DEERFIELD BEACH, FLORIDA 33441 Witness my hand this 19th day of October 2006 Agent of Lender PEIVMYLVAi'+TtA.-,SingleFamiily- Fvmnle MaeNreddle Mae UNIFORM WSTRU.'VIEM Form 30391/01 OREARRAND ¦ ITEM 2760116 (0011)--MERB (Page 16 of 16 pages) To Wev Oat; 9-00.5"930Far 616-790131 E • ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In The Wall Street Journal? Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 19th day of October 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the some date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to FIRST NLC FINANCIAL SERVICES, LLC ("Lender") of the same date and coveting the property described in the Security Instrument and located at: 108 HOLLY DRIVE MECHANICSBURG, PA 17055 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE.LDHTS THE AMOUNT BORRO'WER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.7900%. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November 2008 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market CLIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index," MULTISTATE ADJUSTABLY RATE RIDER-.-LIBOR SIX MONTIr INDEX (AS PUBLISHED IN THE, WALLSTREET JOURNAL}--Single Family (Page I of 3 pages ) 30 29809 6 61 FNLC Form 33032LI (04082006) 100195910003337238 , 0 0 If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice, (C) Calculation of Changes B efore each Change Date, the Note Holder will calculate my new interest rate by adding Seven and 4/100ths percentage points ( 7.0400%) to the Current Index. Subject to the limits stated in Section 4(D) below, this amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the moutltly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at ray new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.7900% or less than 719000. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and One Half percentage points ( 1.5000%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.7900% or less than 7.7900%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my montbIy payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me to and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF TEE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (Page 2 of 3 pages) 100195910003337238 FNLG Form 33032L2 t04052005) (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Leader may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Leader and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Leader releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice t+balt provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 3 of this Adjustable Rate Rider. (Seal) KATARINA LAPADAT 17 -Borrower (Seal) -Borrower -(Seal) -Borrower _(Seal) (Seat) -Borrower -Borrower ?AAI (Seal) TIBERIU LAFAp -Borrower (Page 3 of 3 pages) 900995910003337238 FNLC Form 3303213 (040620061 ADJUSTABLE RATE NOTE (LIBOR FAY ,-Mouth Index (As Published In The Waif Street JO"Mal)--Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY IN'TERES'T RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY WrMST RATE CAN CHANGE AT ANY ONE TIME AND THE IvIA%II WM RATE I MUST PAY. October 18, 2006 STATE COLLEGE penntilrlvania [Date] 108 HOLLY DRIVE sty1 MECHANICSBURG, PA `17055 tPrap:dy Ad&eul 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U .S. $'140,000.00 (this amount is called ' Trindpal'), plus interest, to the order of Leader. Lender is FIRST NLC FINANCIAL SERVICES, LLC I will make all payments under this Note is the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.7800%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Thae and Place of Payments I will play principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on December 01, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applies; to interest before Principal. If, on November 01, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at FIRST NLC FINANCIAL SERVICES, LLC T00 W. HILL-SBORO BLVD. 8-1 #204, DEERFIELD BEACH, FL 33441 or at a different place if required by the Note Holder. (B) Amount of My Inithd Monthly Payments Each of ray initial monthly payments will be in the amount of U.S. $1,006.85 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLZ RATE NOTE -LMOR SIX-MON= ME% (As PUBLISHED IN ME WALL ST RW JOURNAL}-- sk& FI-ay (Page I of4 pages) 3029508661 1OMN1000333723% PNLCPa MIDL1 t0466MS) EXHIBIT C UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: STUART WINNEG, ESQUIRE - ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Deutsche Bank National Trust Company, as :COURT OF COMMON PLEAS Trustee for NATIXIS Real Estate Capital CIVIL DIVISION Trust 2007-HE2 € Cumberland County Plaintiff V. Tiberiu Lapadat Katarina Lapadat . NO. 10-1863-civil Defendants PLAINTIFF'S/MOVANT'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES As set forth more particularly in the underlying Motion For Reassessment of Damages herein, subsequent to the entry of judgment, Plaintiff/Movant discovered that, inadvertently, the Praecipe for Judgment had included incorrect amounts and therefore, the Plaintiff/Movant seeks to correct the record by filing the instant Motion For Reassessment of Damages. Plaintiff/Movant herein has requested adjustment of the in rem Judgment as set forth in its Motion to properly reflect the sums now due Plaintiff/Movant. The requested reassessed sums reflect all correct amounts due, including additional interest, late charges, escrow deficit (which may reflect insurance payments and taxes paid), and additional costs of suit, all of which are authorized by the loan documents, true and correct copies of which are attached to the Motion. It has been held that judgments bear interest from the time obtained or until, at least, time of sale or until satisfaction can be made. Interest is a legal incident of every judgment. Koolvent Aluminum Awning Co v. City of Pitts 192 Pa. Super. 650, 653, 162 A.2d 256, 257 (1960). A contract for post judgment rate above the so-called statutory rate of 6% per annum is allowable. Sicari v. Bargain, et.al, 43 D. & C. 3d. 647 (1986, C.C.P. of Somerset County, Pa.) With regard to the pre judgment and post judgment interest being claimed herein, Plaintiff/Movant is charging the contract rate of interest per the terms of the Mortgage (paragraph 27) and Note documents. See, Exhibits "B" (Mortgage) and "C" (Note) attached hereto. Escrow overdraft (property taxes and property insurance), property inspection (the protection of the secured interest of the Plaintiff/Movant by a checking of the Property to make sure it is not vacant, and if vacant, has not been broken into) and Foreclosure Costs are allowable pursuant to the terms of the Mortgage and Note. Reasonable attorney fees with regard to a collection action in mortgage foreclosure are allowable pursuant to paragraph 22 of the Mortgage. The Pennsylvania Courts have concluded that as much as 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees, and that such amount is enforceable. See, Federal National Mortgage Association v. U.S.A. 33 Pa. D. & C. 3d. 152,156 (1982); Federal Land Bank of Baltimore v. Fetner, 269 Pa. Super. 455, 410 A. 2d. 344 (1979). Under the circumstances in the case, considering the additional efforts Plaintiff/Movant has been forced to pursue to recover what is due, the attorney's fees recited herein are reasonable. Therefore, Plaintiff/Movant prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed in the o t of $154,765.34, as set forth hereinabove. i W OFFIOES, F.C. By: UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF f BY: STUART WINNEG, ESQUIRE - ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings*udren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for NATIXIS Real Estate Capital CIVIL DIVISION Trust 2007-HE2 Cumberland County Plaintiff v. Tiberiu Lapadat Katarina Lapadat Defendants NO. 10-1863-civil CERTIFICATE OF SERVICE I, Stuart Winneg, Esquire, hereby certify that I have served or caused to be served true and correct copies of the Plaintiff s/Movant's Motion for Reassessment of Damages and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Date Served: November , 2010 TO: Katrina Lapadat 437 State Street Enola, PA 17025 Defendant/Respondent Tiberiu Lapadat 417 fitnte street I UDA LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKENA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 Plaintiff V. Tiberiu Lapadat Katarina Lapadat Defendant(s) ATTORNEY FOR PLAINTIFF L"7 na n 'ri mcv ? ?'? COURT OF COMMON PLE CIVIL DIVISION CD Cumberland County r-Z --+o Co C-) = =- CDC) D NO. 10-1863-civil AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November[4 , 2010 UD... CES, Attorneys for PlaiHc MARK J. UDREN? ESQUIRE— STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE /ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat :NO. 10-1863-civil Katarina Lapadat Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2, Plaintiff in the above action, by its attorney, UDREN LAW OFFICES, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 108 Holly Drive, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Tiberiu Lapadat Katarina Lapadat 437 State Street East Pennsboro Township Enola, PA 17025 437 State Street East Pennsboro Township Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National Trust 4708 Mercantile Drive Company, as Trustee for Ft. Worth, TX 76137 NATIXIS Real Estate Capital Trust 2007-HE2 Mortgage Electronic PO Box 2026, Flint, MI 48501 Registration Systems, INC 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 108 Holly Drive Mechanicsburg, PA 17055 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. sec. 4904 relating to unsworn falsification to authorities. DATED: November 2010 UDREN LAW OFFICES, P.C. Attorneys__for .P iff MARX J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ,,AL,AN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for NATIXIS Real Estate € CIVIL DIVISION Capital Trust 2007-HE2 € Cumberland County Plaintiff V. NO. 10-1863-civil Tiberiu Lapadat Katarina Lapadat Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Tiberiu Lapadat and Katarina Lapadat PROPERTY: 108 Holly Drive, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 8. 2010, at 10:00am, in the Commissioners Hearing Room, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A A..., - 7 -v fl- s r c cr -0 m a T ?3 w T ? Q3 to m v r tp ?p N At 0 0 0 W n C CD - 7 a .p Co Ci7 ? y N ? > y W P i ` ° - w ro H m 3 Z 3, ? m 3 ' 3 1 ? s 6 ' wt ? a3wmm ? +n 2 '? o. o o 0- `rga??m W ;sd mm m o 3 Q G C ° -0 ,A 0 m m?''m3a' 3 o W m W N ? ? NN?'N amp a g ?xl 0 'en- V, QDZ03mS?,?,z?n g z Z " T. .°--c ? i?X`'rno v' ENO acn 00 _ ?W-m Nn 0 r ?O wcmy??QO Cn C O n???{Zj? ` t -a cn COjmnm o ZN 0-noc? ro 10 M 'r_ -n J5 Wm? 00 CL. 0 c' N Cn A ? i iL661C)2'i6 O;16 02.100 di _ ?p1C: n 10!2b; y ?p0 nQg a = ;A r On VP 5 om 1 co gC-0 N 1 0 13 ?? 3 m O c 'm°-?, ? ma m m ?pTm?'? 0 n m, o I ro V4 r V, kw g fH O C 3 F too m a obi c l c m io mo -O o a? O ?, m < a m o -nom 9 m m ' -n N -nN cmo ? N :. ? O T N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of ?n+aGe????4 too", Jody S Smith Chief Deputy Richard W Stewart -'° Solicitor W CE ?) 7'-` "E ;F?- Deutsche Bank National Trust Company vs. Tiberiu Lapadat (et al.) Case Number 2010-1863 SHERIFF'S RETURN OF SERVICE 10/15/2010 04:08 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1608 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tiberiu & Katrina Lapadat, located at, 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/29/2010 09:18 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be KATRINA LAPADAT WIFE, who accepted as "Adult Person in Charge" for Tiberiu Lapadat at 437 State Street, East Pennsboro Township, Enola, PA 17025, Cumberland County. 10/29/2010 09:18 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Katrina Lapadat at 437 State Street, East Pennsboro Township, Enola, PA 17025, Cumberland County. SHERIFF COST: $908.92 November 01, 2010 SO ANSWERS, /j RON R ANDERSON, SHERIFF EXHIBIT g !c; CountySuite Sheriff, Te!eoso`t, Inc. UDREN LAW OFFICES, P.C. BY: STUART WINNEG, ESQUIRE - ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 Plaintiff V. Tiberiu Lapadat Katarina Lapadat Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-1863-civil ter- c'7 `gym ' I rye ZM CO AMENDMENT TO MOTION FOR REASSESSMENT OF DAMAGES PER EMAILS OF TRICIA PERKINS DATED NOVEMBER 17, 2010 AND NOVEMBER 29, 2010 6. Pursuant to Cumberland County Local Rule 208.3(a)(2), a Judge has not ruled upon any other issue in the same or related matter. 7. Pursuant to Cumberland County Local Rule 208.3(a)(9), no opposing counsel has entered an appearance of record and therefore, this Rule does not apply to the instant Motion. 01 UDREN LAW OFFICES, P.C. BY: STUART WINNEG, ESQUIRE - ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF aleadings&udren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee for NATIXIS Real Estate Capital CIVIL DIVISION Trust 2007-HE2 € Cumberland County Plaintiff NO. 10-1863-civil v. Tiberiu Lapadat Katarina Lapadat Defendants CERTIFICATE OF SERVICE The undersigned, hereby certifies that true and correct copies of Amendment to Motion For Reassessment of Damages Per Email of Tricia Perkins Dated November 17,20 10 and this Certificate of Service was served upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: December _/ , 2010 TO: Katrina Lapadat Tiberiu Lapadat 437 State Street 437 State Street Enola, PA 17025 Enola, PA 17025 Respectfully UDREN FFI S, P.C By: eg, Esquire Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2 PLAINTIFF V. TIBERIU LAPADAT, KATARINA LAPADAT, DEFENDANTS NO. 10-1863 CIVIL ORDER OF COURT AND NOW, this 3`d day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 27, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, tuart Winneg, Esquire Attorney for Plaintiff Urden Law Offices Woodcrest Corporate Center 111 Woodcrest Road Cherry Hill, NJ 08003 Tiberin Lapadat ?arina Lapadat Defendants bas ! 2 3 / to -I, U,-? V M. L. Ebert, Jr., U J. c:a C?l cn o? o?ro A c? - ?' 4 1`a ?0 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-482-6900 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for NATIXIS Real Estate Capital : CIVIL DIVISION Trust 2007-HE2 € Cumberland County, PA - Plaintiff co rln 7n rt? - r n = rn cxa r `'c r?s a v. - - Tiberiu Lapadat v 5 n Katarina Lapadat ' NO. 10-1863-civil G? r ??` Defendants ORDER AND NOW, to wit, this I I A day of f e, b , 2011 , upon consideration of Plaintiff's Motion for Reassessment of Damages, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on December 3, 2010, Returnable December 27,2010, is hereby made Absolute. It is further ORDERED that upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, the Prothonotary is ORDERED to reassess the damages, in rem, in the amount of $154,765.34 as more particularly set forth below: Principal of debt due and unpaid $135,658.88 Interest at 7.79% from 07/1/2009 to 10/12/2010 (the per diem interest accruing on this debt should be added each day after 10/12/2010) 13,443.71 Escrow Overdraft/Balance 1,413.19 Late Charges 200.24 Property Inspection Fee 125.50 Prior Servicer Fees & Costs 567.00 Bankruptcy Fees & Costs 550.00 Foreclosure Costs To date 2,105.00 Reasonable Attorneys Fees (actual ) Suspense Balance TOTAL 1,350.00 648.18 $154,765.34 BY THE COURT: J. `Wren Law o?s r rV9t?anpQ Lapada+,d tt ?i'beriu ? ,?/K? v- Lapa&+ d4f- i0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff THE PROTH 1,40 TA RY Jody S Smith 2311 APR _ 1 AM 10: 1 S Chief Deputy Richard W Stewart CUMBBLAND COUNTY Solicitor PENNSYLV01A Deutsche Bank National Trust Company Case Number vs. Tiberiu Lapadat (et al.) 2010-1863 SHERIFF'S RETURN OF SERVICE 10/15/2010 04:08 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1608 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tiberiu & Katrina Lapadat, located at, 108 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/29/2010 09:18 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be KATRINA LAPADAT WIFE, who accepted as "Adult Person in Charge" for Tiberiu Lapadat at 437 State Street, East Pennsboro Township, Enola, PA 17025, Cumberland County. 10/29/2010 09:18 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Katrina Lapadat at 437 State Street, East Pennsboro Township, Enola, PA 17025, Cumberland County. 12/08/2010 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on February 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Lorraine Doyle, on behalf of Deutsche Bank, et. al., 1661 Worthington Road, Ste 100, West Palm Beach, FL 33409, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,165.15 SO ANSWERS, March 31, 2011 RON R ANDERSON, SHERIFF !If-00 p) • M2- 66 bra -?y A/* a 7346 . . !:nU,?°yg',,Re ynen+7. `?eleGSO'(. (n;;. r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MAPS J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 113. WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NA.TIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff :MORTGAGE FORECLOSURE V. Tiberiu Lapadat :NO. 10-1863-civil Ka.tarina Lapadat Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee Estate Capital Trust 2007-HE2, Plaintiff in the its attorney, Mark J. Udren, ESQ., sets forth as Praecipe for the Writ of Execution was filed the information concerning the real property located Drive Mechanicsburg, PA 17055 for NATIXIS Real ibove action, by of the date the following at: 108 Holly 1. Name and address of Owner(s) or reputed Owner(s): Name Address Tiberiu Lapadat Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 170.55 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 5 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National Trust 4708 Mercantile Drive Company, as Trustee for Ft. Worth, TX 76137 NATIXIS Real Estate Capital Trust 2007-HE2 Mortgage Electronic PO Box 2026, Flint, MI 48501 Registration Systems, INC 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Ter,.ants/Occupants 108 Holly Drive Mechanicsburg, PA 17055 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. sec. 4904 relating to unsworn falsification to authorities. DATED: September 10, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys fo Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDR.EN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK ?J., `JDREN, ESQUIRE - ID #04302 STUART WENNEG, ESQUIRE - ID #45362 LOR,RAINE DOYLE, ESQUIRE - ID #34576 ALAN M. M:INATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust 'COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff ;MORTGAGE FORECLOSURE V. Tiberiu Lapadat -NO. 10-1863-civil Katarina Lapadat Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tiberiu Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Your house (real estate) at 108 Holly Drive, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $154,829.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due: is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU' SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Alf that marttin "me or im-cel tv iod hue/ lowl"iAw. ¦.4.1f1% Iy.N,I gaff lh4w& t,. fir Township ' UPO= Allrn :,, W, c.;/' Cumberland Dad Gb nmouat oytt4 tJ1?caafNiw,, ,wan:. uarf?csl trta flrwrriL..f tr. fHnnrc: SWINVIN4 at a point :0 the ta.5tarn line of Holly Drive (50 fort wide), which Said point :s in the diVLS;> n line between Lots Not, 36 and 55 Cn the hereLnafter mentianad Plan at Lots; thenct aioog the div%,tiaa 1=n4 betoeim Lou Not. 56 and S5, north 35 degrees 2J minutes 50 eaconds eaer., one hundred sixty-Four and fittavo one-bundredcos fl6e.z5) fast tG a point; thence south 40 dtgcea8 $5 minutes 20 seconds tact, cna.hundrad thirty-four and forty-three one-hundredths (134.43) feet to a point in tht, division lint botveen Lots fins. 55 and 54 on the hersinafter menti,ouad Plan of Lott; thaure. 61onr, the. division line between lots Noe. 55 end 54, South SE degrees 50 minutee 50 seconds voct, one hundred fifty-three and ninety-three ant-hunarmdthi (:53.93) Feet t.n n point in t'h>r nactorn line of Wooly bekvw, akaresaid; thence in a northwasterly direction by the aatttern 11ne of Holly Drive, in the art of a circle cutvLnp to the left, said circle having a radius 'of one hundred sevent'r one. and twenc -aavon one-hundredths (271:27) feort the arc distance eP seventy (10) feet to a point in the division line betvtan Lots Not, 56 and 59, atoresaid, at tht point and Platt of MINNINC. 1P=NG Lor No. 55, Section Revised, of the Plait OF Sprint. Run Aeroavhiah said Plan is recorded in the Cumberlaod County Reoar?or's Office in Plat) Bank 20, Page 57. etAVING thereon erected a singlc brick seed alumihunr bi-level dwelling with integral garage known and auwbered 109 holly Drive, UNDER AND SU63ECC, vvvarthelaaa, to restxict1ons as contained in previous doed4, BEING KNOWN AS: 108 Holly Drive Mechanicsburg, PA 17055 PROPERTY ID NO.: 42-28-2421-018 TITLE TO SAID PREMISES IS VESTED IN TIBERIU LAPADAT AND KATRINA LAPADAT, HIS WIFE BY DEED FROM KIRTI K. SHAH AND PRAGNA K. SHAH, HIS WIFE DATED 8/26/88 RECORDED 8/29/88 IN DEED BOOK N 33 PAGE 772. r UDREN,LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust =COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION NATIXIS Real Estate Capital :Cumberland County Trust 2007-HE2 Plaintiff 'MORTGAGE FORECLOSURE V. Ti.beriu Lapadat ::NO. 10-1863-civil Ka.tarina Lapadat Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Katarina Lapadat 108 Holly Drive Mechanicsburg, PA 17055 Your house (real estate) at 108 Holly Drive Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $154,829.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) f YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Jul that certain nmf or pwotf gf'io,d an$ linrnuwa, sh.a . 1M.'ap neltf fa•iae/ i.. fLr 20wnship yr 0g?er alliqn i., 4"Va. ,y "f Cumberland cud LbMq,9nit gb/f4 .r"nJoWap, aeon: pareico6WU N.wrri4.d as )ueo.x: BEGIN0I14C at a point ill chit teattrn line of H611y Drive (50 feet aide), which said point ': in the divtVion line between tints Nos. 36 and 5S on the hetetm 7ter sen "onad Plaa of Lots; thenet along the divItian land beripten ;.acs Was. 56 and 55, north 33 degrees 2$ minuret 50 anCends eoeL, one hundred sixty-fouz and fiftr:a, one-bundtadchs (164.15) £aat to a point; thence south 40 degteab 35 Isinutes 20 seconds tact, ona-hundrod thirty-four end £octy-three one-hund-eeoths (134.43) feet to a point in the division line between Lots sot. 55 and 54 on the hereinafter mentiooad Plan of Late; thence aionp the-division lint between lots Neb. 55 and 54, south 36 degrees 50 minutes 50 aaeonas ve,t, one hundred fifty-three and ninety-throe ane-hundredths (_53.93) feet hn a point in c'hi nactern line of 11411y belvu, afarr..saiC thence in a northwarrerly direction by the aaetere Tina of Holly Drive, in the arc of a circle turviag to the left, uaid cirtle having a radius-of one hundrad saventy?one and twenty-.even ens-hundredths (171.27) feat the art diatenee oP aeVenvy 00) feet te'a point in the division lint "beCveoa Lots Nos. 56 a6d'55, aforesaid, at tht point and plane of 9=ZUNI1tiC. RrNc Lot No. 55, Section Revised, of the Plan of Sprint, Run ACroa wnieh Said Plan is recorded in the Cumberland County Recoraer's pfftar its Plan Bank 20, Page 07. "VINC thereon eraotod a single brick steel aiumit+um bi-level dwelling with integral garage known pod numbered 108 Holly Drive. UNDER AND Su&JEC2, nevertheless, t4 rdatru.;Ians as contained in previous deeds, BEING KNOWN AS: 108 Holly Drive Mechanicsburg, PA 17055 PROPERTY ID NO.: 42-28-2421-018 TITLE TO SAID PREMISES IS VESTED IN TIBERIU LAPADAT AND KATRINA LAPADAT, HIS WIFE BY DEED FROM KIRTI K. SHAH AND PRAGNA K. SHAH, HIS WIFE DATED 8/26/88 RECORDED 8/29/88 IN DEED BOOK N 33 PAGE 772. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1863 Civil COUNTY OF CUMBERLAND) CIVIL .ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee fro NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2, Plaintiff (s) From TIBERIU LAPADAT and KATARINA LAPADAT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $15i, I1 `7/ . a-? L.L. $.50 Interest from 9/12/10 to Date of Sale 12/8/10 ongoing per diem of $28.95 to actual date of sale including if sale is held at a later date -- $2,547.60 Atty's Comm % Due Prothy $2.00 .Atty Paid $185.50 Other Costs ]Plaintiff Paid Date: 9/15/10 / 1 David D. Buell, othonotary (Sea]) By. Deputy REQUESTING PARTY: Name: LORRAINE DOYLE, ESQURIE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RAOD, SUTIE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 108 Holly Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 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_: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyne, ditor. SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 CiLz?- gg-.& J- /?' - Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-1863 Civil Deutsche Bank National Trust Company, As Trustee for NATIXIS Real Estate Capital Trust 2007-HE2 VS. Tiberiu Lapadat, Katrina Lapadat Atty.: Lorraine Doyle ALL THAT CERTAIN tract or par- cel. of land and premises, situate, ly- ing or being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point in the east- ern line of Holly Drive (50 feet wide), which said point is in the division line between Lots Nos. 56 and 55 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 56 and 55, North 33 degrees 25 minutes 50 seconds East, one hundred sixty-four and fifteen one-hundredths (164.15) feet to a point; thence South 40 degrees 35 minutes 20 seconds East, one hundred thirty-four and forty-three one-hundredths (134.43) feet to a point in the division line between Lots. Nos. 55 and 54 on the herein- after mentioned Plan of Lots; thence along the division line between Lots Nos. 55 and 54, South 56 degrees 50 minutes 50 seconds West, one hundred fifty-three and ninety-three one-hundredths (153.93) feet to a point in the eastern line of Holly Drive, aforesaid; thence in the north- westerly direction by the eastern line of :Holly Drive, in the art of a circle curving to the left, said circle having a radius of one hundred seventy-one and twenty- seven one-hundredths (171.27) feet that are distance of seventy (70) feet to a point in the di- vision line between Lots Nos. 56 and 55, aforesaid, at the point and place of BEGINNING. BEING Lot No. 55, Section 5, revised, of the Plan of Spring Run Acres, which said plan is recorded in the Cumberland County Recordor's Office in Plan Book 20, Page 87. HAVING thereon erected a single brick and aluminum bi-level dwell- ing with integral garage known and numbered 108 Holly Drive. UNDER AND SUBJECT, neverthe- less, to restrictions as contained in previous deedS. BEING KNOWN AS: 108 Holly Drive, Mechanicsburg, PA 17055. PROPERTY ID NO.: 42-28-2421- 018. TITLE TO SAID PREMISES IS VESTED IN Tiberiu Lapadat and Katarina Lapadat, his wife by deed from Kirti K. Shah and Pragna K. Shah, his wife dated 8/26/88 re- corded 8/29/88 in Deed Book N 33 Page 772. 74 The Patriot-News Co. 2020'Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the patnotwNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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, Counry 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 COPT( This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 Sworn to and subscribed be ore me this 10 day of November, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel Sherrie L Klsner, Notary public C Lower Paxton TWp., Dauphin County I My Commission 150res Nov. 26, 2011 Member. Pennsylvania Association of Notaries 2010-1863 Civil Term Deutsche Bank Nlltlonal Trust Company, As TWUM" for NATI S Final Estate Capital Trust 2007-NE2 Vs Tiberlu Lapadat Katrina Lapadat Atty: Lorraine Doyle ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING OR BEING IN THE TOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OFPENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERN LINE OF HOLLY DRIVE (50 FEET WIDE), WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOTS NOS. 56 AND 55 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 56 AND 55, NORTH 33 DEGREES 25 MINUTES 50 SECONDS EAST, ONE HUNDRED SIXTY-FOUR AND FIFTEEN ONE-HUNDREDTHS (16415) FEET TO A POINT; THENCE SOUTH 40. DEGREES 35 MINUTES 20 SECONDS EAST ONE HUNDRED THIRTY-FOUR AND FORTY-THREE ONE-HUNDREDTHS (134.43) FEET 'TO A POINT IN THE DIVISION LINE BETWEEN LOTS. NOS. 55 AND 54 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 55 AND 54, SOUTH 56 DEGREES 50 MINUTES 50 SECONDS WEST, ONE HUNDRED FIFTY-THREE AND NINETY-THREE ONE-RUNDREDTHS (153,93) FEET TO A POINT IN THE EASTERN LINE OF HOLLY DRIVE, AFORESAID; THENCE IN THE NORTHWESTERLY DIRECTION BY THE EASTERN LINE OF HOLLY DRIVE, iN THE ART OF A CIRCLE CURVING TO THE LEFT, SAID CIRCLE HAVING A RADIUS OF ONE HUNDRED SEVENTY- ONE AND TWENTY- SEVEN ONE- HUNDREDTHS (171,27) FEET THAT ARE DISTANCE OF SEVENTY (70) FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NOS. 56 AND 55, AFORESAID, AT THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 55, SECTION 5. REVISED, OF THE PLAN OF SPRING RUN ACRES, WHICH SAID PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDOR'S OFFICE IN PLAN BOOK 20, PAGE 87. HAVING THEREON ERECTED A SINGLE BRICK AND ALUMINUM III- LEVEL DWELLING WITH INTEGRAL GARAGE KNOWN AND NUMBERED 108 HOLLY DRIVE. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS AS CONTAINED IN PREVIOUS DEEDS. BEING KNOWN AS: 108 Holly Drive, Mechanicsburg, PA 17055 PROPERTY ID NO.: 42-28-2421-018 TITLE TO SAID PREMISES IS VESTED IN TIBERIU LAPADAT AND KATARINA LAPADAT, HIS WIFE BY DEED FROM KIRTI K. SHAH AND PRAGNA K. SHAH, HIS WIFE DATED 8/26/88 RECORDED 8/29/88 IN DEED BOOK N 33 PAGE 772. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: ;[, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which NATIXIS Real Estate Capital Trust 2007-HE Mtjz Pass Through Cert Series 2007-HE2 is the grantee the same having been sold to said grantee on the 2nd day of February A.D., 2011, under and by virtue of a writ Execution issued on the 15th day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 1863, at the suit of NATIXIS Real Estate Capital Trust 2007-HE2 against Tiberiu & Katarina Lapadat is duly recorded as Instrument Number 201109958. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of A.D. n C of Deeds Pkorder of Deeds, Cwbedand County, C&We, PA My Commission EVku the Fast Monday of Jan. 2014