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Home My WebLink About10-2858SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 8174 T! L,MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 APR 29 i'` «' `' J 2010 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 j TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF VS Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 DEFENDANT NO: tb -a8-Bs COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. G) 49a.. oa PD ATTy cart N5.24 9 p41,2q 1.3a 4v Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: VS. Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates, the address of which is, 1610 E.St. Andrews Pl, #B150, Santa Ana, California 92705, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: New Century Mortgage Corporation Mortgagor (s): Curtis J. Johnson (b) Date of Mortgage: June 1, 2006 (c) Place and Date of Record of MWgajao: Recorder of Deeds Cumberland County Mortgage Book 1954, Page 0033 Date: June 8, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ents: Assignor: New Century Mortgage Corporation Assignee: Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates Date of Assignment: June 19, 2008 Recording Date: June 26, 2008 Instrument No.: 200821574 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 411 Mountain View Road, Mount Holly Springs, Pa 17065 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B" 5. The name and mailing address of the Defendant is: Curtis J. Johnson, 411 Mountain View Road, Mount Holly Springs, PA 17065 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of April 16,2010: Principal Balance Due $75,861.45 Interest Currently Due and Owing at 6.5% From January 1, 2009 to April 16, 2010 $6,363.21 Late Charges $370.05 Escrow Advances $2,815.93 Title Search Cost $250.00 Attorney Fees & Costs of Foreclosure $3,793.07 TOTAL $89,453.71 9. Interest accrues at a per diem rate of $13.51 each day after April 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO &,DeNARDO, Date: U IcD?30 ? I o BY: Attorneys for S & D File No. 10-037609 ............................ ................. . .................... aY?7. FT P. ;.IE3l.ER ZOU JUN 8 PIS 2 GO Prepared By. Nov century mortgage Cosporation 18400 von Nexuan, ate 1000 Irvine, Ch 92612 800-967-7623 Return To: Nov centusy Mortgage Corporation 16400 Von Karma, ate loco Irvine, G 92612 s00-967-7623 Pregoises: 411 Mountain View Rd Parcel Number: Mount Holly Springs 09-33-1936-0121L J9p6a About TY61.ioe For A4emdleE betel MORTGAGE DE'INMONS Words used in multiplo sections of this document arc defined below and other words are dedncd in Sectiora 3, 11, 13, 18, 20 and 21. C Azmin rules regarding the wage of words used In this documrnt are also provided In Section 16. (A) "Security EWrnmeat" means thin doeumattt, which is dated June 1, 2006 togetba with all Ridars to this document. (B) "Borrower" is Curtis J Jobnaon Borrower is the mortgagor under this Security Instrument. (C) "1:soder" Is New Century kort9age Corporation I.cmder is a corpotati.on 1006171126 PeNRWLVANkA - 8lnalo Famlly - Fannie Ysaffla dle Use WMPMm INSTWJKErfT Folm Jere trot "4(PA)16le21 np 1 Otis IRnr1S ?_ YUP (A c"am" sau1 aAk Ua (6003121.7201 oe?954PG0033 ?hi'h)'OL organized and existing under the laws of Califazois Le :bees addreas is 10400 Von Manxman, Suits 1000, Irwin, CR 92612 Lender is the tnoutgttgce wader this Sccuxity Instrument. (D) "Note" means the promissory cote signed by Bti rowa and dated Jtme 1, 2006 The Note states that Borrower owes Lender 9IRTtt•illfti T1i00g= TUn 801iDUD 1WD 00/100 Dollars (U.S. S 69,300. 00 ) plus Interest Botrower has promised to pay this debt in regular Periodic Payments and to pay the debt in flitl not latent than. 07/01/2036 (E) "property" means the property that is described brJm under the heeding "Trans(er of WSW in the Ptopasry " (F) "Lae" means the debt evide ne ud by the Note, plus Intense, any prepayment charges and late charges duo under tba Now and all coma duo under thin Soomity Iemumost, plus iotumt. (G) "Riders" moms all Rides to this Security IRMTOeet that are executed by Borrower. The following Riders tee to be executed by Borrower (cheek box as applicable): Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider Balloon Aidcr ® Planned Unit Development Rider Q 1.4 Family Rider VA Rider Biwasidy "out llidor ?J 0609(o) (aP041411 Plepayanartt Rider UN Rider Addeadtw (1D "Applicable Law" means all controlhug applicable federal, state and local statutrs, regulations, ordinances and adminisutativo rules and orders (that beve the effect of law) as well ea all applicable final, tam a ppealable judicial opinions. (1) "Community Association. Dues, Few and Awanmt W' means all dues, bas, wasments and odor charges that are Imposed on. Batrowcr of the Proptity by a coada minium association, homeowners association or similar arson' adoa (.n "IPleetroalc Fonda Transfer" means any transfer of fiends, outer than a transaction originated by check draft, or aitnllar papa Imerwnaat, wltieh is itsitieted fhtough as eleetrank terminal, talephenia inse rtuncn, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit of credit an account- Such term includus, but is not limited to, point-of-sale aransfars, automated teller machine transactions, tra nsters initiated by telephone, wire transfers, and automated clearlogbouse transfers. (IQ "Furow Item." means those items that ate described in Section 3. (L) "1fdlaeellteem Proceeds" item= any compensation, serdera mt, award of damages, or proceeds paid by any tbird pasty (other than insurance proceeds paid under the coverages described in Section 3) 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 (tv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (11Q "Martgage Insurance" means insurance protecting Lender against the nonpayment at or default on, the (N) "R wife Payment" mom tba regularly scheduled amount due for (i) principal and interest under the Neste, plus (ii) any amounts under Section 3 of this Security Instrtuneat. 1009171426 Oa(PA) (coal) vw: of is form sofa Iron OX 1954PG00.34 (0) 1RE9PA" means the Rest Estate Scttlcment Proccdurta Act (12 U.S.C. Seedon 2601 et sn) and its itnplemmUS regtdation, RgphAon X (24 C.F.R. Pert 3500), as they adi t be atneaded from time w floe, or any additional. or tueca m legislation or rcguladoa that govetos ester sewer subject mew. As nand In this Seem* Insmanook "RESPA" rdn to alt requb mcats and ratxictions that are hapoaed in regard to a "federally rekted mortgage loan" even if the Loan does not quality as a "federally related mortgage loan"' uoda RESPA, (l) "Successor In bktest of Borrower" romans any patty that has tapes We to the Pwporty, wbatber or not flint party bas Lmmad Barower's obligatinas under the Note and/or this Security loslrumacL TRANSFER OF RIGHTS IN THE PROPERTY This Sec uity Instrument so mm to Lmlm-. (i) the repayment of the Lava, ad all rcncwdk extensions and madifieations of the Note; and (ii) the perforotmoe of Barrower's covenants and apcm mta erode[ tbla Security lnstnuom and the Note. For this purpose, Borrower does hereby nsorgFgM grant and C00.Yey to Leader the Wowing described property located in the County [Type arRooosdtaa iwisdtaaml of Cumberland [Kam$ ofaewdi" larl.diwioo). Soo Legal Description Attached 9eaato and made a part aesaof which ctntmtly has flu address of 811 Mountain View Ad [sae.o) Mount 8olly Spranga lcevyj, Peeasylveds, 17065 Clip cam) ("Property Address"): TOGETHER WITH all the iapravemeata new or butafter txoctad on Fg and cum mu, apP?enccs, tad fixemes now or bereafter a part: of the proputy. All rcptaeentaa additions shall also be covered by this Security IniftWOmt. All of the foregoing is referred to in this Security Ittaarumtntt as the "Property." 1008171416 imrk Oft-8(PA) taa021 spa of is Form 9010 1101 9K t 954PGO035 BORROWER COVENANTS that Borrower is lawfully sassed of du adult hereby conveyed and has the right to =wWgc, great and convey the Proptaty ad that the Ptoporty Is tmeneumbaed, accept d+r encumbrances of record. Borrower weasnts and will defend generally the title to the Property Wind all claims and demands, m6jcat to any eneumbranoea of record. THIS S$CURri Y PwRUMENT eonbittes tmiform covenants for national use and non-uniform covenants with limited variations by Jurisdicdon>o coal a uniform sacmity instrument covaiog real Pm - UNLFORM COVENANTS. Borrower and Lender covenant and agree Cbs? :sad Lett Charges. 1. Payment of Principal, lattre Farrow irsma, Prspaiymea Borrower shefl pay when doe the principal of. and interest on, the debt evidenced by the Now and any prepeytaettt cb&W and late charges due under the Note. Satawet obsll sisa pay funds for P=DW lteats pursuant to Section 3. Payments doe under the Note end this Security htStMMOnt shall be made in U.S. currency. H owevor, if any cheek or other iastsument received by Lend paymm i nder the to or this Swirity Instrument is tenoned to Lends unpaid, Lender may require that any subsequent ppayments due under the Note and this Scauriry Iastrumeut be made in one or more of the following forms, as selected by Lender: (a) cash. (b) money order. (c) cadfled chodt, bank check, treasurer's check ass cashier's chock, provided any such check Is drawn upon an lostitutiov whose deposiffi arc insured by a fedal agency, ittao umcAMUW, of eadty; or (d) Eketroaio Ponds Trwrafa. Payttteuts ara domed eooeived by Loodw when teosivad 31 the location dealgaated in the Nmr nr Al such other location as may be designated by Leader is accordance with dw notice provisions in Section 15. Lender may rebus any poymtad ur parUal PWUx t if fits aylownt ar partial payftft:M we Imuffieient to bring the Loan curreaL Lender may accept any payment or partial. payment hwf dant to bring the Loan current, without waiver of any riots here order or prcjudioo to Its rights to refuse sucb payment or partial paymmu in the hime, but Lander is not obligsted to apply such payments at the time sueb payments are accepted. If each Pa"c Payment to tppliesd as of its scheduled due date, tbca Lend need not pay tatereat an unapptied fl ands. Leader may hold such unspplied finds uteri Borrower makes payment to bring the Loma ca aeaL If Borrower does not do so within a reasoaable period of time, Loder shalt either apply such treads or return them to Borrower. If not applied earlier, such funds will be applied to the outsm cling principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future a&ost Lead shill relieve Borrower from making payments dace under the Nora and Ibis Security Interment or performing the covenants and agreements seeuted by ibis Security InsvumenL L Appltcndoa ut Patywouts ur Prwwalft r.^,.t,t described in thin Eamon 2, all payments accepted and applied by Lender shall be applied in the following order of priority, (a) Werest due under the Note; (b) principal due under the Note; (c) amewats due urger Section 3. Such payments shall be, applied to each periodic Payment in the order is which k became due. Any remaining amounts shall be applied tied to bete dwScs, second to any other aanounts due miler thin Security tastrumcn , and then to reduce the principal balance of the Note. If Lend receives a payment from Borrower for a delinquent Periodic Payment which includes a suffidsnt mount to pay any late charge due, the p4YmZ may be applied to the dediaqucnt peyrocat and ilia low charge. if more then one Poriodie Payment is outstanding, Lend may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the admt .but, each payment can be 100817126 WftW OTT Asa of Le Form 3031 IMI t?.8{pAi (are2) BK 1954PGO036 paid in Ball. To the extent that airy exam adin aft the payment is applied to the full payment of one or more Periodic Payments, sucb excess may be applied to any late charges due. Voluntary pmoyments shall be applied first to any prepaymeat charges ad then as described in the Note. Any application of payttaettts, insurance proceeds, of Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or cbeoge the amount, of ft Periodic Payments. 3. Funds for Escrow Items. Borrowa sboll pay to Leader on the day Periodic payments are due under the Note, =M the Now is paid in fait, a sum (the "Funds") to provide for payment of emouats doe for (a) taxes std assesttaads and other it= which em attain priority over t61s Security loom aa at as a lien cc com abrance on the Property; (b) leasehold payments or ground feats on the Property. If soy; (a) premiums for any and alt b mnaoce required by Lender under Seaton 5; and (d) Mortgage ftnraaoe ptemlorns, if any, or soy semis payable by Borrower to Lauder is lieu of the payment of Mortgage Insuranc o premiums in accordance with the provisions of Section fo. 'these items arc called "Escrow Items." At origroa606 ear at. any time during the term of the Loam, Lw dw may rsquiris that Community Association Does, Fees, and Assam, if any, be escrowed by Borrower. and such ehaes, fees and .esessesauo shall bat an LWMW [lath. Damwar shau pm aptly lbraish to Lender all notio0s of amoum to be paid under this Section. Borrower shall pay Lender the Funds br Escrow Imms unless Lender waives Bacrowe es obligation to pay the Funds far any or all Escrow Items. Lender may wavvc Bo,rowces obligation to pay to Lender Funds for my or all Eseroow items at any tiros. Any such waiver may only be In writing. In tine event of scab waiver , Borrower shalt pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds bas been warred by Leader and, If Loader requires, shell furnish to Lender receipts evidencing scab payment within suet time period as Lader :nay tuquira Barrownes obligation to make such psymoooats and to provide receipts shell for all purposes be deamcd to be a eoveeoam and agreement contained In this Soouriry lasanoML as the phrase covenant and agrecmcat is used in Section 9. If Harrower is obrgp tod to pay Escrow Items directly, pursuant to a walvor, and Borrower faits to pay the amount doe for an Escrow Item, Lender nay exercise its rights coder Section 9 and pay scab amount and Borrower shall than be obligated under 9oaion 9 to repay to Lender any such amomm Lender may revoke the waiver as to soy or alt Escrow Items at any tone by a notice given in accorde nee with Section 15 and, upon each rovoostdon, Harrower shall pay to Lander all Funds, and in such amounts, that are then required tofder this Section 3. Leader tray, at any lima, coaccx and bold Funds in as amaant (a) soMcleat to permit Lender to apply the Fonds at the time specified under PMPA, and (b) not to exceed the maximum amount a tender can trgttdrr ureter AFSPA lradrr bull nolawn fhr nmxmot of fuids Linn nn the hiv%is of current dknta and rossonable estimam of expeoditures of ihture Escrow Itotos or otherwise in aoeordmoe with Applicable Law. The Funds shall be bald in an insdlution whose deposits are insured by s federal agency, instrumentality, or co* (including Leader, if Lender is an iasdtution whose deposits arc so insured) or in any Federal Horne Loan Bank. Leader shad apply the funds to pay the Escrow sterna no later than the time specified under RESPA. Larder shall not ebwSc Borrower for holding and applying the Foods, annually analymg the escrow account, en verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreemeatt Is made in writing or Applicable Law requires interest to be paid on the funds, Leader shall not be required to pay Borrower any intarest or earnings on the Funds. Bo rower and Leader can agree in wrldng, however, that iotcr st 1006171426 Fp 6 a 1s Fo,m 0032 1101 4q4(PA) toaost Bit 1954PGOO37 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accaunting of the Funds as required by RISPA. if tbcrc is a surplus of Funds held in escrow, as dtfiaod under R£SPA. Lends shall eccount to Borrower for the excess !bads in accordance with RESPA. If there is a sborwe of Funds held in ewrow, as dei3oed under RESPA, T wider shall notify Borrower as requurd by RLSP'A, and Borrower theft pay to Lander the amount Twwaary to melee up the shortage is accordance with RESPA, but is ve more than 12 Mornay payments. it mere Is a deAalon y atFun& 6W bs wxww, aD Jei'N,eJ .&I liEEPA, Lttrt& "I aotW Bwovmr as required by vMPA, and Borrower shall pay to Leader the tunoattt necessary to mske up the deficiency in accordace with RESPA? but In to more than 12 monthly paymenft upon payment in full or sit sums sa cured by this security instrument, Leader sbell promptly refund to Borrower airy Funds held by Lender, flees. and impositions d. Chatg*g LIM16 EMOWe7 Shall ply all taxes, &UC5at=tk charges, attributable to the Property wbieb can attain priority over this Seem'ity Instrument, lcaschold payments or ground ram an the Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the amau that tiuso items are Escrow Itermc, B nuwns slselt pay them In tM memo idad In Section 3. unless Borrower shall p w*y dire lver any lies tt bkh bas priority ova this is a Security Instrument t acceptable Borrowers (a) agrees in writiseg to the payment of the abi4pdaa moved by the lien The lien in Anti table w Let aL.., but ut,6 w 1•••+0 .... DauauuAl 14 ?! mtAh agfnAt wt: (11) ooqtMr by, or defends against enforcement of the lien.in, legal pmasdinBs wbiib in Leader's opinion operate to oce edings prevsme the eaforee:tnaot of the lien What 1e those ptotxadbtga are pending. but only C mail ender Stich su?botd'mtuinQ are concluded; or (a) secures tow the balder of dw line an agreement udsfiwmuy subject to a s lira the lien to this Security lastrumeat. If Loft detcrmines that say pw of The Property is noise liana to the which can again priority over tills Security Insruamis, Lards' may give lied, ulna 10 days of the data an which that notice is gtva, Borrower Shall Sa$sb the lion or cake uuo cur more of the actions set forth above in thin Section charge for a real estate tax verification and/or Lender may rcq*c Bexrower to pay reporting service used by Lender in connection with this Loan. heteafi et erected on S. Property Inarnucc Borrower shall steep the improvem®ts now existing or the Property insured against loss by fire, ha wda induded witbin the tam "extended covcrago,?? any other barards inchtding, but not limited to, earthquakes and floods, for whisit Leader requires i hat TWS iuau?ussse but Lo AU061ML" In the amounts (iealwlieg doduaMe loveie) and for the ? nds t I Al Leader requires. Wbet Lemltor rcywirw pus Suaat to the precadiag scate acce caa abaog4 during the lumance shall be edx= by Batotrar subject to Loadcr's tem of right the Lea to st d"nTheappove lovC nee carrier er Fenc choice, ers wWcb right Shall not pa exercised unreasonably. Lender sway require Harrower to pay, in connection with this Loan, eitbw. (a) a one-time cbwgc for flood zone detormination, cordfication and tracking services., at (b) a one-time charge for flood zone detottrduation and eattifieetion services and tahbtxquant charges tub time tetoappings or Similar cbaoges occur which the nslbhe for reamnably mot affect such deters-a dom or certification. Borrower h lll? also irespo neon with the payment of any feel imposed by the Federal Eotergeary Masai review of any flood Tone determination rmIdag from an objection by Borrower. 1008171426 pq.e a,a Fenn 3014 1101 ??(PN tea=l BK t 954PGO038 If Borrower fails to maintain any of the coverages described above, Lander may obtain insurance oovcmg% at Under's opeloa and Batrawees txpesnsa. Lander is under na obligation to purchases any particular type or amount of coverage. lheralkete, such coverage shalt cover Leader, but enight or might not protect Borrows, Borrower's equity in the Proparty, or the contents of the Preporty, against any tdsk, hazard of liability and might provide grata or laser coverage then was previously to effect. Rom wcr acimawledges chat the cost of the insurance coverage so obrainod saigtnt silpaificuuttly evoead the cost of Insurance that Borrower could have obtained. Any atamuma disba rsed by Leader under this Section 3 shall become additional debt of Borrower secured by this Somity Ina mm M Tbese anatnm shall bear interest at the Note rate firm the date of dlsborsemom and shall be payable, with such interest, upon robed from Lander to Borrower requesting payment All insurance poUdes required by Leader and ratawala of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clatim and shalt gum Leader as mortgagee satilor as an additional loss payee, Lender shell have the right to hold the policies and renewal ce rtificoas. If Leader requires, Borrower shall promptly give to Leader a11 receipts of paid preralwas and renewal notices. If Borrower obtains any Porn of iawrance coverage, not odurwise required by Lender. for damage t0. at destracdoo of the Property, such potiey shall include a dmdard mortgage claue and shall mme Leader as mortgagat and/or as an additional loss payea. In the event of loss, Borrower shall give prompt notice to the kwirance ranks and Linda. Leader may make proof of loss if not made promptly by Borrower. Unless Lang and Borrower otborwiso agree is writh4 any insurance proecads, whether or cot the underlying insurance was required by Lcodcr, shall be applied to restoration of repair of the property. if the restoradoa or iopair is econom+catly fa mible add Leader's seoaky is rat lesseood. During a&* repair and rosoatation period, Leader shalt bmm the right to hold web insurance proceeds stead leader bas had an opportunity to hw;;o sub Property to ensure the inspection ahdl be tandextakm work bas ban completed to Ltmde:'s Baas provided *4 such Ina Past orm a sales Promptly' lead way disburse; proceeds Law be a single p required writing or pay pBolivablerrower any progress at to o be as the wade Is caaaplnfor e Unless a adda shall l 15 not made requires interest be paid an such btstusttca prod, Lea Wares ar maing i as cosh poowd% Foos for public odjuctatt, or odw third patties, retained by Borrower shall not be paid out of the insuraaa proceeds and shall be the sole e?i on?o' of PoBerrooweer. If the lei ration or repair Is not aoonotnially feasib?lc or Landoes? whether or not then e th due, with proceeds gall be applied to Ox awes wanted by dais Security the excess, if any, paid to Borrower. Such loam= proceeds shall be applied in the order provided for in Section 2. and stole any availnbk insatttaca If Borrower abandons the Property, Leader may file, ougotiate claim and related mom. If Borrower does not respond within 30 days to a nadca from Lr<>der that the u=m= autirr his offaed to settle a daunt dam Leader may negotiate and settle the alaho. The 30-day period will begin wben she noaee is given. In either evenk or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigsa to Leader (a) Borrower's rights to any insurance proceeds its an atnouttt not to exceed the amounts unpaid under the Note or this Secwity Instrument, and (b) any odd of Borrower's rights (other than the tight to any refund of unearned premium paid by Borrower) wader all iarasace policies covering the Property. bw&r as such rights we applicable to the coverage of tau Property. Lender may we the insurance psacceds citbar to repair or restore the Property or to pay amounts unpaid wider she Note or this Security Im rueaera, wbcthw or dot then due. 1006171426 r?w.lc PpOt of If Forts 1939 1101 f l(PA) (0607) OK 1954PG0039 6. owuposey. Borrower shall occupy. establisk and use the Property W Borrower's principal raidence within 60 days aRcr the atecWon of this Sot uriry lastrttrausot and Shall ooodmue to occupy the Property as Boaower's principal residence for at least one year after the dace of oocupaacy. uoleaa Lade othowiso sgrtes in writing, wbicb consent abaft not be unreasonably withhold, or unksa tMenusting cireumrsmhees exist which are beyond Borrower's control. 1. prmmdeo, ltdalatmosee aatl Proteeden of the Preperty; Inspecdaa:, Borrower shall not dcaroyr, daroage air impair the Propmry, show fire Property to datetiorato or commit tvarie on the Property. Whether or not Borrower is residing In the Property, Barower shall MAntafn the property in order to prevent the Property from deteriorating or dcereeaing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or astoratica is not economically feasible, Borrower sbali promptly repair the Property it dmgcd to avoid lusher deterioration or demagn. If iosura,tce or condemnation proceeds are paid in connection with dmnage to, or the alining of the Property. Borrower shall be reasonable for repairing or restoring the Property only if Larder has relayed proceeds for such purposes. Lender tray disbtuso proceeds for the repairs and restoration in a single payment or in a series of progress pAymoats ac me work 16 completed. if the inmance or eondern mon proceeds are act zuificicut to repair or restore the Property, Borrower is not rolioved of Borrower's oMigatica Far the compaction of such repair or restoration. Lender or its agent may make reasonable entries upon and ioepoodoos of the Property. If it has reasonable cause, Lend= may inspect the interior of the iwproVemaft on she Property. Lender shall give Borrower notice at the time of or prior to such an interior Inspection spec 6* am* reasonable cause. L Borrevrees Lauer Application. Borrower sboll be in dsfw* A during the Loan application process, Boaower or any persons or entities ecdog at to direction of Borrower or with Borrower': lmmAedge or consent gave materially fiche, misloeding, or ins =m to k6roakton of stattartents to Loader (or felled to provides Lcader with material iatlavmlm) in connection with the Loan. Material repteseatadona inelmde, but are not limited to, nVeseatadons eaoeexaing Borrower's occupancy of the Property as Borrower's pdneipol residence. 9. Protaedoa of Leader's Interuat in du Property and Rights Under ihla SeCarity InaavmeaL if (a) Borrower falls to perform the covenants and egrements contained In this Soenriry Instrument, (b) tbere (s a legal proceeding that might dgnittoaaey affect Lender's interest In the Property and/or rights under this Security lastr uaaat (such as a proceeding in badmgAcy. prvhasc, for eoademaaion or Weitt=6 for enforcement of a lion vrbicb may attain priority over this Security Instrument or to Caforee Iowa or regulations), or (c) Borrows bas abandoned the Property, then, Lcada may do and lay for whatever is reasonable or appropriate to protect Lender's Interest in the Property end rigbts under this Security instrument, including protecting and/or aasonk g the value of the Property, and smsing and/or repairing lw the property. Leader's salons can include, but we not limited to. (a) paying any rums socurcd by a which has priority over this Security Ins kuwaty (b) appearing in coma end (e) paying attorneys' fors to protect its interest in lie Property end/ar rights under this Security instrurnont, including its secured position In a baolwpsay proceeding. Securing she Property includes, but is not limited to, entering the Property to maw repairs, Change locks. replace or bowd up door sad windows, drain water Item pipes. eliriduste building or other coda violations or dangerous conditions, and have otilides turned an or of Although Leader may take action uodcr Ibis Session 9, Leader does trot have to do so and is not under any duty or obligation to do so. It Is agreed that Lender Incurs no liability for not taking any or all actions antborized under ibis Section 9. 1008171426 aura, 4%4(PA) rosoth PWO of is Form 9032 blot etc 1954PG4440. Any atnourn disbarsod by Lender under this Section 9 shell besoma additional debt of Borzower secured by this Seem* Imu man. These atnwas sball bear latcrost eerier from Ltbc NOW ender to aft ftes. the rtequesti date n8 disbursateeet and dball be payable. with sorb itttarest, upon Borrower PSYMOM dtts Seowity Instrument is on a loaseiold, Boraower sbal! coaaply with sH the provisions of the lour, if Sonower acquires fee title to the Property, the ltasebald and the fee title shall not "urge unless Lender agreas w the meager im writing- Loan, 19. Moatgsge Insurance. Tf Leader required Mortgage Lwttwm a co?oditio" tion . of ? maforking any ft Low reason. Borrower chap pay *6 premieres eeq*ad m meaatab tie hdartam bawrow deffec ie m gagr imsm Chu the Mart Insurance coverage required by Leader ceases to be avin?ts?nwidM ma imtinrance and Anrrnwer wPA milked to make sqWatoly tticsigawd to obtain oward tU pr dutaps for Mortgage Insurmtm Ba rower aball pay tha ums requited novaaagg?e substantially equivalent to the Mortgage Inswam pmOnly in cif =% at a am substantially rquivdemt to the nest to Borrower of the Mmrtgage los amca previously in d(OC . frota m alternate mortgage insurer selected by Lender. If substantldly aguevdeat Mortgage loateranca eaveraga is not that available, Bwowa shell owdooo to pay to Lender the amount of the s ? e nccqm? i@?ued a?a these were due wheat tit ittsuranee Coverage rested to be in effect. Leader ? loss rost:are slut! se payotaats as a wwgdkmdd& loss game in lies of llda qw hourom in w>? and Lards e s not be the feet thu the Loam is utdinudy paid rchlodaw ay "°?i? t? on end lose reserve. Latch can no, longue require loss r1O°" mac to pay llorsowrt o say Inaerintereseatlce or opveaaga earoso (in the ammmt and for the period that Lander r"dres) pqmcw rea void by an if inar lqa sale cted by Lender again becaum available is obtal" and Lender requires Mortgage pro toward the pr°a?m for Mortgage lusu ranee. If Lender tegw bmustcly as a condition of maileing the Loan a to malts sgweA&V designated and ? was; °d" gayer er's fix PaYrows towerd the premiums Mort gug bas repremi remdrad malmtain Mortgage Iwaraoco is eilbct. or to provide a en4climdabie serve, tet ntil Lad efts, BWOWC( requirement for Modge a Inst mini ands in aemrtlanea with any written sgroemtort Law. Nothing in this Lender providieg for such teratinadon or umn a rtsioadon is rerptired by Applicable Seetios to affaccs Bow ww's obligation to pay interest at die rate prorov?iu am Note. Mortgage Imuranoe TCW*Nzm Lender (or any entity the Note (Of certain losses it the Loan as agraad. Barowa is not a party to the Mortgage may irutu if Bcrravver does not repay Mortgage imuras evaluate their renal risk an all such insurance in face from time to time. and may Met lama awoammts with other pardes Chu share of modify tbdr dsk. or mdvw kw a. Tboss agreements arc on terms and coudhlow dour are sattrdect°ry to flu mortgage inner and the other party (m partial) to of funds that may the c uraorcr to mdse pa s using Dadra these & thes the ie te mort These gag ae iagreerresmrea enb may Y tasva require le ?act?g may laobede fiends obtained froen Mortgage (vuiiah iasurar, any retosarci. Ttutaraeee premium). As a result of tbew eemeats, Lender, any P?asa of the Note, diredamloeb thu any other oaft, or any dfiRm of any of la inregahtg, may raoeive ( y or a Indirectly) amotmt6 dMvr flare" (err miylit be dweaseriaed ") a PwUQU of lsuawws pglNUWti F Mrs, If wai Insurance, in in cxchsrtga for sharing or modifying the towtgsge insurer's risk, or reducing provides that to attillure of Lender takes a sham of the inse>tar's a r?c'tmto ex_ce." p for Further: share of the promtoms paid to rim insurer, the arrangement is ofto teased "caps, for (a) Any such agreemnts wit! not sffed tie swottttb that Borrower to writ not ! croso the pay amount Moripp bamttnwA art soy other terms of the Lon. Both agree menla Bona will awe for Mortpgt Insori mx, and tbay wW net andtla Burrower to any retired. 1008171426 ?nshm .,{,?'? Fenn Se39 1f0c Oft-G(PA) rowze Pwasaris OK1954PG0041 (b) Amy saeb agreements wtU not affect the tidits Barrowdr has - If eery • with respect to the Wortgege "menace antler we monelowsen Ynaegten Ant of IM or soy oper taw. -lilac rights may include ilia right to radve owisia dbtcMeures, to request M a d"M sewer d receive e Maetgsge fasuranee, to have the Mortgage haft'see termo&W refund of any Mortgage Luanrom premloms that wen tmarved at the time of tiseh eoneallatiou or termination. IL Asst moot of Miscellaneous Proceeds; Ferfelture. All Miscellanea" Proceeds arc hereby assigned to and sbeU be paid to Lem. tf the property, is damaged, such Misoolloneaus prooeeds shall be dppiled to restoration trepp?ait?of the Property, if the restoration or =pair is rconomicaRy tbaslWe and Latch's security is not Daring such repair sad restoration period, Leader shall have the right to bold such M'tsccNanoons Proceeds until Lender has bad as opportmualY to it>>gW sudu property to ensure the work has been completed the Lcauder's won, pr that such inspection shag be uodertekem promptly. Leader may pay repairs and restoration in s 510819 disbarsoment or in a series of progress is as the work is is made In writing W Applicable Law rapires =to be paid on such Miscalled. Unless Agreement t interest or earnings on such is?mAtu Proceeds, Leadeader shalt not be reito[r9d to DsY Borrower nay Mirp-Anrrt:meta Nuzal& If Ore w-Aswrl4us tar rr{wir is tuts nilmmtirartly Alxrihlr, ur T.nelnr'a nraraady w11161 be lessened, the Miscellaneous Proceeds sled! be t pful to the sums secured by this Soatrtty Iustrumcat. whaiur or not then due, with the pacers, if any, paid to Borrower. Such Miscellaneous Psooeeds shalt be applied In the order provided for In Station 2. Migeuuans lit the event of a total t*W& destruction, or loss in value of the Property or. the. not tWisecdue, with Proceeds than be apput?o `lloar`hrewer. seemed by this setauity the excess, in di if any, event P destruction, of low in value of the Property in which the fair market value of the properof, ty fly before the partial taking, dcsuocdo% or loss in value isr q 1 io or greater than the amount of the an= seared by this Sccoft Iastruaoeot immediately, ?e partial ruction, or loo in value, unless Barrows and Lander otherwise agree in writtime. the sums Proceeds sew by this So uity Insantaaa shill be reduced by die amount of the Miscellaneous a the multiplied by the foliowlag bactios: (a) Ilse total amount of the an= sacmaed or loss in value dividod by (b) the fair market value of the Woperty g. or toss in value. Any balance shall be paid to Borrower. Imdainthety event tbrC of the a p areal dl talriWag, a8. n8' destruction. destruction, n. . at loss in value of the Property is which the fair mirk r v value of the Property uamardimuely macro the P"ts`al taking, demmaion, or loss in valve Is less them the amount of the sums secured immediately before the partial taking. desuwfio°' or loss to value:, Wass tied to the sums Borrower ttad Leader otherwise agree in writing, the Miscellaneous Proecub"be app secured by this Security Tmtrumaat whoba or not the. sonssRwe dm dUL a notice by Limier to Borrower diet the If the. Propaty is abandoned by Borrows, or ii, a Oppostag party (aa defined in the next sentence) offats to tmske as award to sWe a I end Is claims for adieu Borrower tails to respond to Lender w" 30 days alter rho time the notice is gvthc Property or to the or repair t?ise?tedby"* ty o? either to r due. tbn Party „ ? the third parry v)vhodtemr or not bran n ?? isms a right aF eeNea is Oral v. Du1Jd'u. M:o.+.ns,tw" ? 1' UU%, ." va a.. #,ay swa w regardw Miscellaneous Ptoceads. alhahac pVil of pimiaot, is begun tdtat, is I,cndeBr'a jud8ar, judg>nscnt, could rtrmlsule tt to if may action of m or protxedi?t8, udw na? twp?rwrt ut L uK6'a ttbrMauc drt lhu* rvpary Borrower can elite stab s doihuk and, if interest, in the o or ? as ?d? by ceasing the action or prooeeding to be amxateration has s ocean euaed.. 1009171426 ra,ew ,? „? Fenn 3019 imos ?alvAl t0602m pop IQ of 1e OK I954PG0042 des OWW"t: of the Ptoperty or other tatseerial dismissed with a rating dW, in Lender's judgment; Tit eseeed? of kspa.rouat of Le?,iu's i+tti.'tsr la the peq&ty W f.glrte Oft&, Ws B"Wiey I wonurst. e p any award or Haim for datisages that are etmbtpabk to the impairme at of Leader's interest is the Property are hereby assigned and ABU boa paid w Leader. stall tit All MiscdlatIMM proceeds ibst are not applied to restoration or repair of the Propaty applied in t w order provided for in Section 2. for 1L Borrower Not Adeaudi Forbes ace By Leader Not a Waiver. Extension Of tM time Leader payees or toodifleedoo of anaortiwdoo of the sums secured by dais Sworiy to resew the "fty of Borrower to Borrower or any Successor in IdtQeat of Harrower t?a1t trot opmft to commence preeeodings ata? of say Successors in lowest of Borrower. Leader cued not be regale or adtervrise OPIM say Aupcessor in lomst. of Harrows of to refuse to oftb?oa ? do yment medic by the &16W mad amortiwdoudoa of the ware aea>tod by tbia Seemity bstromcat by reae Lender is attsoiaidg say s or Bwwwcr or any &wxwoa in Interest of Borrower. Any fa btar mw by third etatides or remedy iadad't without hm¦tathn, Leader's aoceptmoe of paynawu cram person r Sgeeeaaors In Intslest of Borrower or icy unts less the mount then doe, shall not be a waiver of or preckde the exercise of any rW and Ada Bound. 13otrower covenants -00-and, 13. Jetot and Se+ajl LlaWd a be joint and aovtxal. flowerer, any Borrower wbo east ageea t>sat Borrower's obLgat>mkammat but des not COMM the NOW {a (a) is jaifay this the y bOVAPOSt edy to arrostgage..put add umvey the ens agtaet's ? min ibc maned dAs _ Security tams of this nd (C) a t'? spec to aid, modify, forbear or l aasd (e) ? ? iih regard to the tams of this Security Insaruaoad or the Note witboat the meke my s? of Section I& my gocoemor in Ian of Bcrsawts who sssnates RetrrnwSubject er% nhbgaa°Ct 1°•tbs tiam ?°Va trader e008 this ftcnity Inatramant h writing, sbahi cad is ftmww yy LCO t, sued obtain not be released from " Security Instrument all ro of Barraw er's o der dm and belle ? t? LaWor agrees to swh rdesse in WiMn;. Tin o covbligatianamonsts sad and tis agcaa bi m of lb" Stan* Istrainent M bind (eX? a primed in atidng manb °" Section 20) and beaellt am succo era and assigns of a• coder with 14. Lose Charges. Laster may charts Borrower leas for nevi= Paforesed Ago cod connection itb Bwowces d hdt, for the purpose of proteodng Landers interest in the Pfopetty and in this Security Instrument, inca . bud not limited to, attorneys' fees, property iospeedou and vdoado fees. foprd to Wier fees, the abscess of asprosa rn at;ty in ilia goceatty boroomot to amp a fic IfeeDortaAa a stall not construed as a? at, by of e am* fee. . lees dsu are a ssly D and dust law is Emdiy interpreted so If the Lam ma is >eWeer to hat" wbnd eats mettiaasm bra ebatges, LeadQ way not go a s vritb tba Lem excasd the that the interest or other hen ebarg i collected or to be eonected m connection permitted Mots, dw: (a) say such leap charge shall be redaeed by the anotmt necassmy to alone tt the he Charge to the refunded permbsed Ito Band (b) any sums aircady eboose to coke *is mid y twom ' i al limits its will be to orrawa. U.:ader way in WMWff, if a WOW mrnrt unrkt or. eVl+na nr hey aNng vhdwut aq prepsymeat dwp (whether or not a will be treated as a patdai prCNM)• Harm?a aoeepb MW of any refund made by repmpqom* daction d constitute a c?slver of say dgk of artirm A .MvW rnigitr We aariainf not direct. p ya M B as orrower provided will for of ecru s . Node es. All enure ven by Bamwer or Leader in waneaaion with this Smatiry lostruntent mast !5 be . in vAide wridog. Any coulee to Harrower in roonct6on with this Security Ias>:oment al dl be deemed to 1008171426 amen Pa ilet ie Peen 3099 1101 4ft-WA) rormr 8K 1954KO043 have boar given to Bwrower w1um mailad by fast class snail or when actually delivered to Bacrowee' nndec wM ms if sent by other means. Notice to any one Boaowcr shall a mstituto notioe to s11 Bur uwers unless Applicable Law axpre kly regulres otherwise. The notice address AM ba the Propraty Address unless Bonowa bas dcsignasod a substitute notice address by notice to Leader. Harrower shall promptly notify Larder of Borrower's cbuile of address. If Lttardrr gWfla a procedure for reposdng Borrower's 4mge of address, then Borrower eelydi only npa it dump of sddrass through that specified procedure. Thae racy be only we designated o0bee address under dais Severity Ismumod at say one time. Any notice to Lender tball i;Q FpdM by 406YaiW it or by nMU'ft it by lira elavc mail to t rndes witimc stated harass unless Lander bas d mpx tad aaodw eddresa by notice to Borrower. Any active in i to Lender mdi acidly connection web this Security Instrument shall sot be devoted to bavo beta given reecived by Leader. If any notice required by ddi Swa ft Inestruaeatt Is also required node Applicable Law, the Applicabk Law requtremeot will satisfy the aarst spondhtg require mt undw this Se ce ty (Larument 16. Govasalog Lave; ; Rdes of Ceasbuctlim This Security Instrument shall be governed by federal law end the low a jnrlsdledon in winch lira Property is located. All rights and obligatiorts contained in this Security Iasavaoeot arc snbjeet to any roeAltome nts and (imitations of Applicable Law. Applicable Law explicitly or ioopildily allow the parties to agree by contract or it aaight be edloo; but such agora shaR not be oonatrued as a pro?(tioa tg or 0 PO a it by exrotraa In the event that any provision or douse of this Secority Instrument or the Year cots w hh Applicable Law, such coo ft shalt cot afka other of diis Socroeity haaeeuwant or the Note vMob arc be given dw widhatt the conflicting provi? As used is this Security hatromsnt (a) wads of the masculine yndor shall am and bmhx c coaespooft neuter words or wads of the fe;oaiolas gander. (b) words in the sistplor shall mean and include dw plural and via verse; and (o) the word OxW gives sole discretion without any obllgsadon to ettka . MY SCWL Bortrwer'i Copy. Borrower shall be green tree Dopy of the Note end of ulna Sooarity Insuurnaoc. 12. Troo*r of the Property ar • DamftW Curtest In Verrowee. As used is thts Secdoo 18, "Interest in the Property" means arty legal or bea dicial I - Pest In &e Property, inekaft but scot limited to, tbosc benelivid knots orawfarad In t bond for deed, oantrao for deed, iditallocot sale contract or escrow a ff=nteo; Ibet lntem; of *tkh is the aamfer of tide by Borrower at a finuc data to a purebaser. If all or my pout of the Property or any bond In the Property is sold or transfesnd (or if Burrower is not a asturai person and a banelldal interest in Borrower Is sold or v aslkrre) without LuodWs prior written coeaeat. Londe my requiro hamedlere paymt9t in bit of all sums eccumd by this Security Insb mem However, this option shall sot be exercised by Lender if such exacise is prohibited by ' AppIkehie Law. If Leader a xercisos this option, Lander shall give Burrower notice of mcalesalm The notim shell provide a perioel of not base dw 30 days from the dare the aoticc is given in accordance with Season IS within which Bttmower sou t pay all name amad by this 8amvky Irrsrtumeet. If Deeeowea fans to pay dusu sums prior to the expiation of tbia parsed, Leader may Wake: any remedies permitted by this Security Iastranmt without 5atbor todoo car demand on Borrower. 19. Borrower's Right -in jidoolm Alper Aaedeeariae. If Borrower mutters eotain conditions, Borrower shall bave the sight to haver esf treament of tide Smft Immanent discoodtawed at way liana: prior to the eerSeol of. (a) five days beeibre auk of on Properly purausat to any power of ask contained In this Security baorunam; (b) such rather period as Applicable Law milk spoeal? for tier tomionrtina of imv woes s* to Pots au i at (e) espy of a ;WI&VMA CU6"Ia 16ia, SOMily L,.a.uua" '19xuc 9M&dM arc 69 BWMa-.. (r) IayM (.eaubx all aunt WIC11 Ibex uwuld be due under this Security instrvmeot and the Note as if no aocelaaiion had oe ctured; (b) curs ray default of any other covenants or 1008171426 trawl ekntPW tssa:r Pp 12 d le Fam 3039 le0t 8K i 954PGO044 agreements, (c) pays 811 expenses incurred in enforcing this Security Inshmmernt, iocludin& but not limited to, reasonable 11110fneys' foes, property inspection sod vattation fees, end other fees inured for the Ptuposa of protecting I=dcr'a interest is the YrapcV and rights under this Security IastrUment; and (d) takes such action as Lcnda may reaaombly require to aesuro that Leader's imam in she Property and rights under this Security Instrument, sad Ba=waea oblig+don to pay the sums secured by this Security Luvamemt, shall continue unchanged. Leader may require that basrown pay such ezinswomest suers and czpeases in one or more of the following forma, as sedecW by Leaden: (a) cash; (b) moue., order; (e) eer6tkd check, bank cluck, treasurers check or oaddees. beck, provided any such obeck is drawn upon an institution whose deposits are Insured by a federal agency, le strutunt iky " entity; or (d) Ekmwdc Funds Tranafa. Upon re:instateman by Borrower Ibis Seca* btstrurneant and nbligettions secured hereby shall remain fully o f=&* as if so acceleration bad owned, However, this right to rem shall not apply in the ease of acceleration under Section I a. 20. Sale of Nebel Chsage of Loots 8ervieeri Notice of Grievance. The Note or a partial intrust in the Note (together with this Serenity hubutnent) ern be sold am or snore times without prior notice to Borrower. A sale might reach in a change in the eaytity (imam as the "Loan Senricer") din collects Periodic Payments due umler the Note and this Security last umeen and perform other mortgage tom servicing obligation under rho Noce, this Se a rAy Iastrumont. and Applicable Law. There also might be one or tame dmnga of the Loan Semieor unrelated to a mule of dic Note. U there, is a change of the Loan Semviaer; Bwmva will be given written notice of the change wbu b -Al, state the name and address of the new Loan Sesviear, *a address to which payments nbonid be made and any other talbre etim RESPA requires in connection with a notice of transfer of servicing irthe Note is sold and dwes8er the Loan is serviced by a Lam Serviaea odw than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain widr the Loan Se7viccr or be trandarrod to a successor Loan Strvicar and are not assumed by the Now pwdmicr unless otherwise provided by the Note ptm wow. Neither Borrower nor Leada may commexace. join, err be; joined to any judicial action (as either an individual Milan: or the member of a class) that arises from the odor panty's acdoas pursuant to this Swusity haw uutmt ur dva attega that arse over party trot breached any provision of or any duty owed by reason ot; this Security Iastnuneot, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requiratumta of Sexxioa 15) of such alleged breach and afforded the other party hereto a ruroneble period after the giving of such notice to take corrective actioa. If Applicable Law provides a time period which tewst elepso before aartsln action cm be taken, tbat droe period wiU be deemed to be reasonable for purposes of this perewspb. The notice of acceleration and opportunity to cure givens to Harrower pursuant to section 22 and The notice of accolaradon gives to Borrower pursuant to Section It shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Use rdeas Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances de6acd as toxic or hazardous substances, pollutsuts, or wastes by Envaouvental law and the following substmees: gasoline; keraseoe, other flammable at toxic petroleum products, toxic pesticides and herbicides, volatile solvents, maerials containing asbo m or formetdehyds. and radioactive materials; (b) "Envkoomenlal Law" means federal laws and Less of the jurixWoa whore the Property is tacatcd that reline to be dtb, aft or environmental protection; (e) "Eaviroometttat Clamp" includes any response action, remedial action, or resaoval aebioo, as definul in Eoviroameastel Law; and (d) on "Environmental Condition" means a condition that can cause, t outnbute to, or otherwise trigger an Environmental Cleanup. 1006171426 4%44PA) Bowl Fes 13 or I a Fvan 3039 V01 BKI954P00045 Borrower shall not cause or permit *a pre=r, ost, dispesat, star oor rrelcase of any Ha?dous Substances, or threaten to release soy Hamdous Substances, an or in Hie Pro_ IelioaBotrowa shall not do. nor allow anyone else to do, mytkdag e! the Property (a) that is is vie of Bay EnVIronmeatal Low, (b) wWch create in Eaviroammad idoa, or (e) which, due to the prawwo, use, sr trleessa of a Hazardous Subtance, creates a condition dbat adversely off b die value of the property. The preceding t.rv voulA,.nes " eat Apply s the prtueaee, rue, ar Amato oa tie oft nil qusntitist of Hatnrdow Substances that are aeaeesity reotypaized to be appropritre m? fesideotial wee and to rodatenonee of the Property (meluding, lest sot Hashed to, h6wdous sabstaooes in consumer ptoduo4 Dumaver shalt peetfoy give Letsdcs rWritasa nntiaa of (n) say Wv.oooa, tdaat4 efaeguatd, Lrwuit egtdetory Ray of eras parry iavoty 19 the P perty and any or other anion by any govctnmeanl or r a Hamrrtrtnn 3th unce, of Ettvltowna M Lzw of wth , 19M has actual lino edSt, (b) any Environmeald Condition, including but not timlmd to, tare sp' !s%e kddng, diubsrgc, release or thrw of release of any Haardoms Subsume. and (o) soy entcdrtwn by by the V '. 9-' use or Takese of a Hazardmrs riot/ vwc which advariaiy diners the value of ibe Prepetty, if Eorrowa learn., or is nodged by any ggovernmenod or ragsle?? authatity, or say private party, that soy ranovd at abet ramodisdon of arty Hamdam Substance affecting tbo Property is necessary, Borrower :burl promptly tale ant necessary resrp &M "do= in accos ea+ee with EnvirolunoW Law, Nedbrng borein :ball create any erbtigatkm on Leader for an $nviroomental Cksa_ap. NON-UMFOBM t?VBNAN'fS. Borrower aauiLade T Asiber covenant and agree as follows. 22. Aecderadw; Aaaediea. Leedar AM giVS sodas a Borrower prior to aecdsradoe following Borrower's breads of std coveaant or aQnauat In this Socloo ey litssfrem at Ibis tact prior to acceleration ruder Section ig rules ? aw ptovida othermse). Latter " neffy Borrower of, anon; ether thiatat (a) tbe?=(b) fbe vWos Irfgtdted to opts the ddnelti (c) who tha defadt mast be cared; and (d) flat fade to tarn the drink oa gweMed may result in acceleration of ft sans -eared by this Seca ft Ltub meat, breele"n by ltrditd l prooeaNeg and We of the Preparty. Leader dwell WOW !dies !Ran Dover of the tig t to IN- A I td4r aecdecadoo and the right to aa+ert In rise kndentrc edit g fbe oowedde a of a debuk or any other deltaic of Merrvwer to ncetteranao and >f®eaileASre. N rho debuk 6s a" Co"A as y 61111 , LCW&e at its option say regah+e Imtaedtaee paymeat in fan of oN sass secured by this Security Imbaegeat without feetber demand aad cosy gorecion &it 6t panty Iosiramest by jwlieialptooacdba. Leader sball be padded to collect aM eVeas s lowed to pub me reaadla provided is tisfo Section 22, including, bat isle halted to, sit roaW fee and each of dde evidence to the estaot perraletrd by Applicable Low. 23. Rideau Upon payment of all sums secured by ibis Sovurfty Ins! roent, dais Security lastrcmaat and dto eatote conveyed dolt teradnge and become void. Aft mmb =urreoee, Leader "1 discharge ty 7 fie web, Linder may e and satisfy this Seouri lastru eat Borrower :full pay Borrower a fee for' releasing Ibis Security Iasi umeot, but ooly if tae be is paid to a third panty tat services rendered and the db using of rho he is permitted trader Applicable Law 24. weivaers. Bdrrowa, to the extent permitted by Applicablc Law, waives and rdeesm a" error or de:fem in proceedings to enforce tbb Sanity kmumen% and busby weivas the bandit of say present or future laws providing far slay of euecudo% oxtendou of time, exemption from sttaehseeat, navy and we, and bomatcad wwgs too. 25, adwsatement period. Soorowee a time to ralosmte provided in Saudon 19 :ball on- to one hour prior to the commencement of bidding at a dicrifPs We or ofet said put uant to this Security Instrumetat. 26. Purchase Money Mortgage. V any of the debt soured by this Security lastrument is lent to 9orrower m wgowc taste to an rroptsty, ton Securaty snsontimmt shell be a purdme =may woe ISSIC. 27. Inierto Rate After Judgment: Borrower agrees that lisp interest rate payable after a jludgmt. is entered on the Note or In an action of mortgage foreclosure shall be the we Payable from time ter rime under the Note, 1008171426 wa.wc ? 4j1t4tPAlroa0:j Pmt 14 ee ie Form SM 1101 BK 1954PGO046 BY SIGNING BELOW, Dwower accepts and agrcas to the law and oovouants ocataioed in chit Security Insammnt and in any Rider executed by Borrower and recorded with It wimesaes: (seat) V-TT 7v tie J Jo a .(larpwQ (Seal) mamwer - (sew) -Darrow - (Sw) -Borrower (Seat) (Sat) -Bmrowa -Bwrouw - (Sw) (seal) 13armwm -Borrower 1008171426 ®4HPA) m3a21 Pp rs or if Fomr 3039 1/01 BXI954PGO047. COMMONWEALTH 0 PENNSMANIA, Cottory s+: Ott this, the / day of before me, the undersigned officer, ptasotvttty appeared known to ate {or Utisfaoten'ly P" 0 be the person(s) whose use* es/, subscribed to the within Inamment and acknowledged tb h sheAbey executed the same far the herein contained. IN WITNESS WHI REOF. I bercuom set my hand and official seal, My Commission Expires: Ct] • O a DANBEMNOs Nobly PubYc Now cumbed sad Co. ,Ian, 21.20M CetY[licate of Aafldea do hereby certify that the coffeet address of the within-named Mortgagee is 16100 Vea Kazs n, Suits 1000, zvviaa, CA 92612 witness my hand this / day of -1VAt- U124 Ag?atOlMorr?gm _C= 1008171126 wuuu 4R.6(PA) 106021 Poo is of is Form 0039 Vol BKI954PG0048 ADJUSTABLE RATE RIDER (LMR Six-Month Indes (As PrbiL W to 7We Wall Strati JoumaO - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this lot day of Juns, 2006 and is incorporated into and shell be downed to amend and supPlement the Mortgage, Deed of Trust, or Security Deed (the "Securty Instrument") of the same date given by the undersigned ("Borrower') to secure Borrower's Adjustable Rate Note (the "Note") to New century Mortgage Corporation ("Lender") of the some date and covering the property described In the Security Instrument and located at: 411 mountain view PA, mount molly springs, pA 17069 (Property Address) THE NOTE CONTAINS PROVIBIONB A110101HNG Fit CHANG93 IN THE INTEREST RATE AND THE MOMMY PAYMUff. THE NOTE LIMITS THE AMOUNT 80101QNtI1a'S 5118/111 il'RA- MCA PACHANGE Y AT ANY ONE TIME AND THE MAXIMUM RATE OCRROWER made In the ADDITIONAL ©QY?MNTS. in addition to the covenants and agreements Security Instrument, Borrower and tender further covenant and agree as follows : A. INTERESTRATE AND MONTHLY PAYMENT CHANGES °A. The Note provides The Note provides for on initial Interest rate of 9.413 for changes in the Interest rate and the month psymeMs, in fat 4. INTEREST RKE AND MONTHLY PAYMENT CHANGES (A) Clow ngs Oates 2008 The t arest rate 1 i pay may change month theeresrfterrsE of Each date on whit h my interest rate and on that day day ovary s k?+ could change Is called a "Change Date.' (B) The Index BeUtiu1liiy VAII lieu Nat CMA§6 data, my Intsrest rote wili bo bacod on an Index. Thu "Indam" Is tho avorogo of Intorbonk offered rates for six month IJ R dnllrv-dit-nTktetad deposits In the London- market rUBW), as publlehed in The Wall $trewt Jotrnal• The mt recent Index figure avetiable as of the first business day of the month Immediately preceding the month in whit h the Change Date occurs is called the "Current Index" is no er will Note the choose uponicohmparable Informat?ionr. TheMNote Holder willlgive me notice of this cihoice. that Is based I(;) c4tcuumn of thenpas Before each Change Date, the Note Holder will calculate my new Interest rate by adding Six And rive gandradtA(a) ( 6.050 %) to the Current Index. The Note Holder wi111 hen rounds he result 4Z6 MU S WALLS EETJOUR ?Sing>cMFeRnllyVi`ennleMlaeremm I NA tUt;1ISNED IN R 02) vrm 8120 1101 Page 1 of 3 initialst9= VMP Mortgage Solutions, inc. (800)521-7291 SK 1954PGO049 this addition to the nearest ane-elghth of one percentage point (0.125%). Subject to the limits aiRte d In 9rntinn 4(l]) hninw, thIA rmiriAnd Amnlrnt WIF hn my naw intArrtnt rntn until thn nnxd Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficlent to the unpaid principal that I am etrpected to owe at the Change Dee In full on the Maturitrwate at my new Interest rate In substantially equal payments. The result of this calculation wh I be the new amount of my monthly payment, f0) Unrits on Intietost Rate Chown I e interest rate 1 am requiredfo pay at the first Change Data will not be greater than 10.913 % or less than 9.413 %. Thereafter, my Interest rate will never be Increased or decreased on any single Change Dade by more then one and One-half percentage points ( 1.500 %) from the rate of Interest I have been paying for the preceding 6 months. My interest rate will never be greater then 16.41:! %. (E) Elfectrie Onto of Chan gs My new interest rate w10 become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first ? payment date after the Change Date(until the amount or my moahlpayment in. The No?t?der wil I deliver or mall to me s notice of any changes in my Interest rate and the amount of my monthly payment before the effective date of anyy change. The notice wA Ineli0o Infnrmetkn rvp iirdd by law to ho n to mn arvi Asian tin tRIA And INAphnne nvrmhar of a person who will a nswer any question Immay have regprding the notice. ' B. TRANSFER C` THE FROMWOR A tENEMAL INTERRST N BQRMNER Uniform Covenant 18 of the Security instrument Is emended to read as follows; Trander of the Properly or a Bwwftld tined In Boeawa As used in two Section 1 Interest In the Ma?r?y? means any 1?! or beneficial Interest In the Property. Including, but not Ilmked" to, those benatinial Interests transferred In a hand for deed, contract for deed, Installment sates 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 trrterest in the Property Is sold or transferred (or if Borrower Is not a natural rear; erd a beneficial Interest in Borrower Is sold or transferred will taut feraiers prior wrgten consent. Lender may require Immediate payment In full of alt sums secured by this Seanky Instrument. However, this option shall not be oararelaed by tender If such exercise Is prohibited by Appil cable Law. Lender also shy not exercise We option df: (63 Borrower causes to be submitted to Lender Information required by Lender to am uste 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 covendnt or agreement In this Security Instrument Is acceptable to Lender. To the extent permitted by Applicable Law, Lander may charge a reasonable fee as a condition to Lander's consent to the loan assumption. Lender also may require the transferee to sign an assumption agrasmod that Is acceptable to Lander and that oNgstes the transferee to keep all the promises and agreements made in the Note and in this Security Instrument, Sorrower wail contkwe to be obligated under the Note and this Security Instrument unless Lander releases Borrower in writing. 1009171426 A-W BR (040 2) Page 2 of 3 Initials: = Feern 3138 1101 BK i 954PG0050 glva BOf Lander o renottice ?thawdlleration. TThhelrnot? shell provide a pefriod of not lams!! fhan 30 days from the date the notice Is given in accordance with Section 15 within which Borrower must pay no sums scoured by tNs Security Instrimant. If Borrower falls to pay these sums prim to the expiration of this period !.ender may Invoke any remedies permitted by this Security Instniment wit hout further notice or demand on Borrower. BY SIGNING BELOW. Born r accepts and e7eas to the terms and covenants contained in this Adjustable Rate Rider (Seel) (Seel) US J a -tiorrower -Borrower (Seel} -Barrows r (See?j -Sorrowe r (Seal) (Seal) -Borrower -Sorrowa r _ (Seal) -Borrower -(seal) -8orrowe r 1008171426 4" OR (040 2) Pape 3 of 3 Form 3138 1101 BKI954PGO05I ADJUSTABLE RA'Z'E RIDER ADDENDUM (Libor Index - Rate Caps) ' 'this Ar?justabic Rau Rider Addendum is made this ltd day of Juste 2006 lemeat ? ?? Nom (the "Nom") and add o is iga, ado IrTo and shall be deemed to (&a ? aud bsttm me) sad Adjus?le ]err Rider (the M ,side aidct") ge, of Dead ed of same ?east date of given by Security the undorsagieed the "Bonoowaj to aeaue zVoym m of Borrowes "R Noto to (the "Lender"). Naw CenbA Y Mmbjpsge Caper dDn property securing repayment of the Note is described in the Security Inatrorneta and loaned at. .d? SprkVk PA 17065 491 iMatttaln Visw we?} To the extant that the provisions of this A*Mble Rate Rider Addendum ate inconsistent with the provisions of the Note and/or Security IastzumCat and/or Rider, the provisions of this Addendum shall prevail over and supersede any such incousiswo, provisions of the Nom and/or security losttumeut and/or Rider. In addition to the covenants and aW=cnm made in the Note, security lnstrumcnt; and Rider, Borrower and Lender funhor covcnad and agme as follows: 4. (D) LIMITS ON INTEREST RATE CHANCES The lnterest rate I am requlrad to pay at the that ehtmge data will not be greaur than 10.9139• or losers than 9.413°x• Tbera?Rer.My i°mare I ate will sever be increased or decreased on say k Choup 1. .e from Percents" th One And e rate u of In efiatsreat H l have been paying for the preeedhss 6 m ontba. My bwrest rate wM never be the °?• erecter than 18.413 % or less 6311 9.415 BY SEGNiNG BELOW, Borrower accepts and agrees to tbe terms and covenants contained in this Adjustable Rau Rider Addendum. Curds J looDI71426 NCMC A u mbl° Ram Rtdcr Add-dutn pap i of l R6.1o2 (692246) $K1954?6-0052 PREPAYMENT RMER ADJUSTABLE RATE LOAN nix prepayaw Rider is nude this lot day of June 2006 , and is incowntcd into and shall be dectacd to ame:ad and anppletnest the Pmtnissory Note (the "Note") and r iortgage, Deed of Ttuat or Security Deed (the "Seemity InsbntmcnC) of the Sams date given by the uadorsigned (thc "Borsowce) w senor mpsymat:i of Bmowees Note to (the "Leader'). NuMI ?? YatBuP Core To ft arttmt that the provisions of this Prepiyineat Rider am incomistettt with and thaball e he provsupeiaioroal m o of the Note any Such and/or 9ectnrity Instrument, the provisions of this tWet Ibail prevail. inconsistent provisions of the Note and/or Security Instrtmteot. Instrument, the Borrower and In addition to the covenants and agreements trade in the Note and Security Leader furllter covenant cad agree as follows: S. BORROWERS RIGHT TO PREPAY i have the debt to make prepayreesa of principal soy time before they are 4119. A payment of principal only b known as a "prepayment"- When I tndke s prepayment, I will tell the Note Holder is wrld" I am doing so. The Note Holder will ust ag of my prepayments to reduce the onowt of principal that i owe w,dar this Note. If i make a partial fer"10eeR there will be so ebaopes Is the due data of my wootbly payments hulas: the Nos HNdar agrees le writing to time chaaga. My partial prepayment may reduce the amount of they tnssthly payments aRer the drat Change Date fagowing hey partial prepayment If witbid 2 yaw(n) from the date of aseaudoa of the 6eo1194y tastrumtmt, I make o full mne or, is ecrWe can a pats" propsymsat, and the total of suck prapayment(s) la aqy i2,mymos W period ennceetb TVvFX 7l PERCENT (20%) of the orWod principal a=goout of ibis loan, I will pay a prepayment cberge In on amove equal to tee psymest of ebt (6) means ndvaset interest on the anisast by wbicb the mud of my prepayment(s) milidn that i2-uoudh period exceeds TWENn PERCENT (20%) of the oeigloal prledpal atesttat of the bas BY SIGNING BELOW, Borrower accepts and agrees to to terms xnd covenants contained in thi6 rmpsymeat Rider. P.tetia.l .ktlWm or NCMC 100x171426 prepay n;der-ARM V4Wfi,buml p,e? 1 ot1 2E-t03 (020100) UK i954PGOO-53 LEGAL DESCRIPTION ALL THAT of P?ey101 Or PIeW of gmund Situate in l?+?n? bou dad and doeor4f3od ac follow to witn Tawnahfp. County of Cumberland, Commonwealth AZL t aartni tract of Lain with the irprenreets thartea l[Vgtad t1tUita la bi4{d"611 ?omdda. Co6orlood County, Vompyl. nWn. bowdad nnA Moacribod no toLtevsi il=19I1en at a panel thenca is a doaihorl direction by Lone] sw or ato tonarLy of at Nboreat. a aowrsa]so le a. or lMM&Lr , to a paatt thanaa 'tin n a a t ttaatarl d s y or eattlh.rty. 6 Parr,," ?Y.S how, vino or lase, to a psintc Qum ?? a e.rthar%v A trastiaa bOr lrsd vier of tarmoaly at KW&mw .ad Tiovitod, 0 patohas 9 toot, i or lass to a otaae carnaet ,llmns to ra nraaterly direction by the ace.. I puma" 1A.f fast. !ens or laea, to "Is plaoa of aitl Na". ' OCLNO Ltpraved Vitp.s from dvallinng haw. , WNn TnWt ib.' 1 at the papsrsy shish was eoWayed to Fronie r6 Juwr arW SoraLLa A. JWpor bin vita, lklLis C. Sweve, .idea, a, dead dated vin, :o, 19-by 3l, aui ilk do oft .nty o Deed bey «,,.r r.T j this to be recarau- a. w.n>!ar o[ aorta tar CuabalLaN c. lt, h;1 lbs. Ir Cumberland County P R.ecuraer of Dmd! wife Dead BEING the same premises which frank E. Jumper and Eateft X JDumpe Ini and to the Coudated nty June 13. 1972,, and recorded June 18, 1972. In the Ofte of the Rsoondet o of Cumberland Pennsylvanla, in Book R Vol 24. Page 283. granted and conveyed unto Ronald E. Jumper and Linda C. Jumper, his wife. onald E, . Jumper Undo C Jum wife, IT ALSO Q E E PREMISES 1NHIgC? Rand about topbeeecordad In the Ofneoi of thebFtlecheir De order 8 dated Deeds pennsylvaMa, granted and conveyed unto Canis J. Johnson. Mortgagor herein.i rr Cumberland Coun ty, If•1954PG00:514 Corded True OR OINAL ADJUSTABLE RATE NOTE (LIBOR Six-Mouth Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT.. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. June 1, 2006 Mount Holly Springs Pennsylvania (Date) (City) (State) 411 Mountain View Rd, Mount Holly Springs, PA 17065 t { ?{ [Property Address) t ??`1 11181 t MOTE 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 69, 300.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation I will make all payments under this Note in 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 9.413 %. 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) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on August 1, 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 applied to interest before Principal. If, on 07/01/2036 , 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 18400 Von Barman, Suite 1000, Irvine, CA 92612 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 578.32 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. 1008171426 MULTISTATE ADJUSTABLE RITE NOTE - LIBORSD(-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) - Single Family - Fannie Mae UNIFORM INSTRUMENT ®-838N (0210) Form 3520 11 01 VM P MORTGAGE FORMS • (600)521.7281 Page 1 of 4 InPAIV CZT ? # aw ? ! ? :;?. *y. • E 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of July, 2008 , and on that day every 6th 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 ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the fast business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six And Five Hundredth (s) percentage points ( 6.050 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.913% or less than 9.413%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage point(s) ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 16.413%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 1008171426 Form 3520 11 01 ®-838N (0210) pop 2 of 4 i??rra 0 0 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: 1008171426 Form 3520 1101 (CM$38N p21o) AVe 3 of 4 Imbts: • 0 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 Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. I WITNESS THE HAND(S) AND SE S) OF THE UNDERSIGNED (Seal) (Seal) -Borrower -Borrower Curtis J .IOhnSOn (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower [Sign Original Only] 1008171026 4IM438N (0210) Page A of 4 02/24/10 CURTIS J JOHNSON 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 Property Address: 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 RE: Loan Number: 1008171426 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780- 1869). N0556 / i:!)(h Page 1 of 7 1 ! r t ?` .18 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: CURTIS J JOHNSON 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 1008171426 ORIGINAL LENDER: Contact Carrington Mortgage Services, LLC CURRENT LENDER/SERVICER: Carrington Mortgage Services, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: D IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. N0556 Page 2 of 7 TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMP 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 "TEMPORARYSTAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. N0556 Page 3 of 7 AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 411 MOUNTAIN VIEW RD MOUNT HOLLY SPRINGS PA 17065-0000 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: 13 payments @ $684.58 (including fees)* $8600.64 Late Charges: $24.67 totaling $320.71 Less Other Fees/Advances (included above) $1281.50 Less Funds in Unapplied $.00 TOTAL AMOUNT DUE LESS UNAPPLIED AS OF: 02/24/10 is $8921.35. Please refer to the attached Exhibit A for the itemized breakdown of fees. The total past due amount is good only as of the date of this letter and there may be additional fees, monthly payments or charges as they become due on or after the date of this letter. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) Make your monthly payment(s) as specified in your Deed of Trust or Mortgage. N0556 Page 4 of 7 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 $8921.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: OVERNIGHT MAIL WESTERN UNION Carrington Mortgage Services, LLC I Quick Collect ATTN: Cashiering Dept Code City: CARRINGTONMS 1610 E. St. Andrew PI, Ste B 150 Code State: CA Santa Ana Ca. 92705 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Do not use if not applicable. ) Contact our offices at (888) 788-7306 to determine the best way of reinstating the account. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one N0556 Page 5 of 7 hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 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 be by contacting the lender. HOW TO CONTACT THE LENDER: Carrington Mortgage Services, LLC PHONE NUMBER:(888) 788-7306 1610 E. St. Andrew Place., Ste B150 ? FAX NUMBER: (800) 485-1060 Santa Ana, CA 92705 E-Mail Address: PA91@carringtonms.com Attention: Home Retention 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 x may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) N0556 Page 6 of 7 * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER. DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See list below) -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD STATEMENT- Pursuant to section 169 of the Housing and Community Development Act as 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at (800)569-4287. -BANKRUPTCY PROCEEDINGS- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, this letter is not an attempt to collect a debt from you, but merely provides informational notice that foreclosure proceedings to enforce the lien against the property to satisfy some or all of the debt are commencing. N0556 Page 7 of 7 VERIFICATION Michael Clark hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalities of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO DENARDO, L BY Michael Clark, quire Attorney for Plaintiff Dated: (11vr'<C>) 11 o ~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. 2010 JJ~~ --9 PM 1 ~ 37 ~CUI,~~~:_:~,~, ~~ %~~i~i~1T1f F~ ~+J~,Y~I~A~~il~ NO. 10-2858 Civil Term MORTGAGE FORECLOSURE CURTIS J. JOHNSON 411 Mountain View Road Mount Holly Springs, PA 17065, Defendant. PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance in the above-captioned matter on behalf of Defendant Curtis J. Johnson. Papers may be served at the following address: George A. Michak, Esq. P.O. Box 62188 Harrisburg, PA 17106 Date: June , 2010 0 //~ George ~~Iicfiak, Esq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 Telephone: (717) 645-6329 Fax: (717) 200-1018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. NO. 10-2858 Civil Term MORTGAGE FORECLOSURE CURTIS J. JOHNSON 411 Mountain View Road Mount Holly Springs, PA 17065, . Defendant. CERTIFICATE OF SERVICE I hereby certify that, on today's date, I served a true and correct copy of the foregoing Praecipe for Entry of Appearance, by first class mail, postage prepaid, on the following: Michael J. Clark, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 ... Dated: June , 2010 George is ak, Esq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 717.645.6329 gam@michakteeter.com Attorney for Defendant Curtis J. Johnson F{~.E~ t t ,,.. IN THE COURT OF COMMON PLEA~~ Th'c ~'' c ~; '~' .~ ~~,~, OF CUMBERLAND COUNTY CIVIL DIVISION Z~fQ J~~ _9 Q~ ~ ; ~~ WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. CURTIS J. JOHNSON 411 Mountain View Road Mount Holly Springs, PA 17065, Defendant. -,, ~'~~~~~~it~Yi-f,~Nt~ ~,~y NO. 10-2858 Civil Term MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: WELLS FARGO BANK N.A. c/o Michael J. Clark, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: June ~, 2010 r eorge A i ak, Esq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 717.645.6329 gam@michakteeter.com Attorney for Defendant Curtis J. Johnson IN THE COURT OF COMMON ~, r' "~ OF CUMBERLAND COUN~~~ ,,1~~. p~~9 j : ;~ CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. CURTIS J. JOHNSON , 411 Mountain View Road , Mount Holly Springs, PA 17065, , Defendant. ~V" /~-~_~~a. if ~\d i ~` NO. 10-2858 Civil Term MORTGAGE FORECLOSURE DEFENDANT'S PRELIMINARY OBJECTIONS NOW COMES, Defendant Curtis J. Johnson, by and through his undersigned attorney, and makes his Preliminary Objections to Plaintiff's Complaint in the above-captioned matter, as follows: FIRST PRELIMINARY OBJECTION TO COMPLAINT FOR FAILURE TO COMPLY WITH A RULE OF COURT 1. Pennsylvania Rule of Civil Procedure 1024 requires that "[e]very pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified." Pa.R.C.P. 1024(a). 2. The rules require that "verification shall be made by one or more of the arties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are -1- outside the iurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading," Pa.R.C.P. 1024(c) emphasis added. 3. The Complaint has not been verified by Plaintiff, and there is no averment that an authorized representative of Plaintiff with personal knowledge of the factual averments set forth in the Complaint is outside the jurisdiction of the Court and that the verification by such authorized representative of Plaintiff with personal knowledge of the factual averments set forth in the Complaint could not be obtained within the time allowed for filing the pleading. 4. Plaintiff's Complaint is verified by one of Plaintiff's attorneys, who fails to indicate whether he possesses any actual personal knowledge of the factual averments set forth in the Complaint. 5. As the master of its own Complaint, Plaintiff controlled the timing of the filing of the Complaint, there is no time sensitivity on the face of the Complaint, or as a matter of law, that required the Complaint to be filed when it was filed, if and to the extent that an authorized representative of Plaintiff with personal knowledge of the factual averments set forth in the Complaint was unavailable to sign a verification at that time. 6. On the face of the Complaint, there is no indication that Plaintiff's verification cannot be obtained within the applicable statute of limitations, which appears, from the face of the Complaint, to be the only relevant time allowed for filing the pleading. As such, the verification of an attorney having no personal knowledge of the factual averments set forth in the Complaint is ineffective, and the Complaint, lacking a proper verification, is fatally defective. See Atlantic Credit and Finance v. Giuliana, 829 A.2d 340, 343-45 (Pa.Super. 2003). WHEREFORE, Defendant respectfully requests that the Complaint be dismissed for failure to comply with a Rule of Court. -2- SECOND PRELIMINARY OBJECTION TO COMPLAINT FOR FAILURE TO COMPLY WITH A RULE OF COURT 7. The foregoing paragraphs are incorporated herein by reference. 8. Pennsylvania Rule of Civil Procedure 1019(1) requires that when a claim is based on writing, a copy of the writing shall be attached to the pleading. 9. The mortgagee on the mortgage upon which Plaintiff is purportedly liable (the "Mortgage") is New Century Mortgage Corporation. A copy of the Mortgage is attached to the Complaint as Exhibit A. 10. The Payee on the promissory note upon which Plaintiff is purportedly liable (the "Note") is New Century Mortgage Corporation. A copy of the Note is attached to the Complaint as Exhibit B 11. Plaintiff avers that it is the assignee of New Century Mortgage Corporation, and "is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the [M]ortgage ...." Complaint at ¶¶ 1-2. 12. Plaintiff has failed to attach, to the Complaint, a copy of any assignment or other instrument legally effective as an assignment in favor or Plaintiff pursuant to which Plaintiff has any rights in or to the Mortgage or Note, and pursuant to which may prosecute this action as a matter of law. 13. Plaintiff s bare assertion of its status as an assignee of New Century Mortgage Corporation, without the attachment of supporting documentation, is inadequate for the purposes of the Complaint, and renders the Complaint fatally defective. See Giuliana, 829 A.2d at 343-45 (failure to attach writings which assertedly established plaintiff's right to a judgment against -3- defendant based on an alleged assignment, held to be fatal to the claims set forth in the complaint). WHEREFORE, Defendant respectfully requests that the Complaint be dismissed for failure to comply with a Rule of Court. Respectfully submitted this day of June, 2010. eorge ichak, PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 Telephone: (717) 645-6329 Fax: (717) 200-1018 gam@michakteeter. com Attorney for Defendant Curtis J. Johnson -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. NO. 10-2858 Civil Term MORTGAGE FORECLOSURE CURTIS J. JOHNSON 411 Mountain View Road Mount Holly Springs, PA 17065, . Defendant. CERTIFICATE OF SERVICE I hereby certify that, on today's date, I served a true and correct copy of the Defendant's Preliminary Objections and supporting brief, by first class mail, postage prepaid, on the following: Michael J. Clark, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Dated: June , 2010 eorge A is sq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 717.645.6329 gam@michakteeter. com Attorney for Defendant Curtis J Johnson SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Curtis J. Johnson DEFENDANT ,, 2Q10 JUG 3D F'~~ L~ 3~ CUC~~ ~ , : ~:, ~~ui~~i`f COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2858 AFFIDAVIT OF SERVICE I, Nina Arnone, the undersigned, being duly sworn according to law, hereby depose and Q ~ ~ say that on the 8 day of ~1~.~n~ , 2010, I served a true and correct copy of the Amended Complaint in the above captioned matter to the Defendant by certified and regular mail, to the last known address of their Attorney of Record at: George A. Michak, Esquire, P.O. Box 62188, Harrisburg, PA 17106 SHAPIRO & DeNARDO, LLC SWORN AND SU~SCRIB Before me this day of Z 20~(~. Notary Public BY: Nina one Legal Assistant to Attorney for Plaintiff Nodarlal Seed Denise ~ , Notary Public Upper Me+i9rt Twp.. ~?e`!' Go~x~ty NM tSamN~ak?e, i.l ~- ~. 20~ 0 l ,D W~ r -1 N _ z .Q C y3 ~ ~~ ~ o ~ ~ .~ ~ Q ~ ~ ~~ N ~ N ~ o ~ ~ m c v fl' cg '~ ~ O y O ""~Z c 3 O N O M ID ~~ ~I ~I ~~ ~~ 7009 2820 0003 8346 4246 t o ~: ti m~ m o~ ~ ~ . :~ ~ m 3 ~~ 378g0 mLS ~ 3 ' 6 ~ ~ °~ ~~ ~ ~ ~ ~~ G -,. ~ rCiNti ~ ~ '<' '`!- DJ ~ ~ nor ~ ~\ ~ ,~...._.3U ~ -o..__.,...~- 3 O 7 D ivery Co firmation Signature Confirm ion WI O 0 w v rn a Fi A Z c 3 ~rnw~nz • K O~ S N m ~ o ~', Mcnp ~ ~ b o ~ a ~a b d ~ w a moo ~~ nc m x 'b ~ Q., O~ n ~ ,xom ~ Q~ o <v~ ~ ~~yy- _ ~"d .N+ r~ 3 w ~ o ~ f~~ '~ m ~ ~ ~ ~ ~ z ~ ~ ~ o~ •~ ~ ,~ y ~~~^ N fn~.~~ ~W +' ~ °13H c a N 'm ~~~ .D n t7 ~ O ~ o ~' o ~ o ~ ~ ~ (j N ~ ~ o n o N (Q ~ v N mo~~R~~ ~ NT ~m'~~C X ~'~'geio°i3 ~ ~,~3dv NG ~F pR S a -. ~ r ~ ~" /, . ~ L ( '. D o ~ UN17Fa ~ o S 4 o W ~ . ~~ ~ ~1, O ~~ N_ C7 C S ~ ~ rpN~.~ o ~~ T ~ N ~a ~~ A OIM~ '^ p .. V/ ~~ rn o O I~ ~I ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. , CURTIS J. JOHNSON, . 411 Mountain View Road . Mount Holly Springs, PA 17065, . Defendant. NO. 10-2858 Civil Term MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: August 13, 2010 eorge A ichak, sq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 717.645.6329 gam@michakteeter. com Attorney for Defendant Curtis J. Johnson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. . CURTIS J. JOHNSON, 411 Mountain View Road . Mount Holly Springs, PA 17065, . Defendant. ~-•i ,~:- ~_.~;~ a. ~ ~ ~ i ,. f_~ o?oio ~u~ tco P ~-'•ss _, 'vl •.. NO. 10-2858 Civil Term MORTGAGE FORECLOSURE PRELIMINARY OBJECTIONS BASED ON PLAINTIFF'S NONJOINDER OF NECESSARY PARTIES NOW COMES, Defendant Curtis J. Johnson, by and through his undersigned attorney, and makes his Preliminary Objections to Plaintiff's Amended Complaint in the above-captioned matter, as follows: 1. Pennsylvania Rule of Civil Procedure 1028(a)(5) provides for the filing of preliminary objections for, among other things, the "nonjoinder of a necessary party." 2. Our Supreme Court has addressed the joinder of necessary or indispensable parties as follows: [U]nless all indispensable parties are made parties to an action, a court is powerless to grant relief. Eg., Tigue v. Basalyga, 451 Pa. 436, 304 A.2d 119 (1973). Thus, the absence of such a party goes absolutely to the court's jurisdiction. Columbia Gas Transmission Corp. v. Diamond Fuel Co., 464 Pa. 377, 346 A.2d 788 (1975); Pincus v. Mutual Assurance Co., 457 Pa. 94, 321 A.2d 906 (1974); Tigue v. Basalyga, supra. A party is indispensable when his or her rights are so connected with the claims of the litigants that no decree can be made -1- without impairing those rights. Tigue v. Basalyga, supra; Powell v. Shepard, 381 Pa. 405, 113 A.2d 261 (1955). Sprague v. Casey, 520 Pa. 38, 48, 550 A.2d 184, _ (1988). 3. Recently, our Superior Court has held: A party is indispensable when his or her rights are so connected with the claims of the litigants that no Decree can be made without impairing those rights. City of Philadelphia v. Commonwealth of Pennsylvania, 575 Pa. 542, 567, 838 A.2d 566, 581 (2003). Also, a party is said to be indispensable "when he has such an interest that a final decree cannot be made without affecting it, or leaving the controversy in such a condition that the final determination may be wholly inconsistent with equity and good conscience." Miller v. Benjamin Coal Company, 425 Pa.Super. 316, 625 A.2d 66, 67-68 (1993). The absence of an indispensable party goes to the court's jurisdiction and prevents it from granting relief. Centolanza v. Lehigh Valley Dairies, 540 Pa. 398, 402-403, 658 A.2d 336, 338 (1995); Kuney v. Benjamin Franklin Clinic, 751 A.2d 662, 665 (Pa.Super. 2000). The basic inquiry in determining whether a party is indispensable concerns whether justice can be done in the absence of him or her. City of Philadelphia, supra, at 567, 838 A.2d at 581. We also consider the following: Do absent parties have a right or interest related to the claim? 2. If so, what is the nature of that right or interest? 3. Is that right or interest essential to the merits of the issue? 4. Can justice be afforded without violating the due process rights of absent parties? Centolanza, supra, at 338-339. In re Estate of Moore, 871 A.2d 196, 202-03 (Pa.Super.Ct. 2005) -2- 4. In Estate of Moore, the Superior Court observed that: Generally, it is true that "the owner of real estate is an indispensable party to proceedings seeking to transfer title to the property to another and culminating in an Order purportedly vesting title in another." See Nicoletti v. Allegheny County Airport Authority, 841 A.2d 156, 163 (Pa.Commw. 2004); see also Miller, supra, at 68 (stating that where the object of a bill is to divest a title to property, the presence of those holding or claiming such title is indispensable). Id. at 203. 5. In its Amended Complaint, Plaintiff seeks to obtain, through foreclosure, real property (the "Property") situate in Mount Holly Springs, Cumberland County, Pennsylvania, having the following legal description: BEGINNING at a post; thence in a Southerly direction by land now or formerly of William Wharton, 8 perches 9 feet, more or less, to a post; thence in an Easterly direction by land now or formerly of James Daugherty, 8 perches 14.5 feet, more or less, to a point; thence in a Northerly direction by land now or formerly of Kukens and Yuerkes, 8 perches 9 feet, more or less, to a stone corner; thence in a Westerly direction by the same, 8 perches 14.5 feet, more or less, to the place of BEGINNING. See Exhibit A to Amended Complaint. 6. Pursuant to a deed from Ronald Jumper and Linda Jumper, husband and wife, as grantors, to Curtis Johnson, as grantee, dated June 1, 2006, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on June 6, 2006, at Book 275, Page 138 (the "Johnson Deed"), Ronald and Linda Jumper purported to convey the Property at issue in Plaintiff's foreclosure action, in its entirety, to Defendant. See Exhibit A attached hereto and incorporated herein. 7. The mortgage pursuant to which Plaintiff seeks to obtain the Property through foreclosure is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on June 8, 2006, at Book 1954, Page 0033 (the "Mortgage"). -3- 8. The Johnson Deed and the Mortgage recite the same legal description. Compare Exhibit A to Amended Complaint with Exhibit A hereto. 9. Under and pursuant to the Mortgage, the entirety of the Property constitutes collateral for any and all obligations underlying the Mortgage. 10. It appears from the public record that, pursuant to a deed from Ronald and Linda Jumper, as grantors, to Estella Jumper, as grantee, dated July 29, 1986, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on September 15, 1986, at Book E32, Page 238 (the "Estella Jumper Deed"), title to a significant portion of the Property subject to Plaintiff's foreclosure action maybe vested in someone other than Defendant. See Exhibit B attached hereto and incorporated herein. 11. The portion of the Property subject to the purported prior conveyance to Estella Jumper was apparently conveyed by Estella Jumper, as grantor, to G. Ray Martin, as grantee, pursuant to a deed dated September 12, 1986 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on September 15, 1986, at Book E32, Page 242 (the "Martin Deed"). See Exhibit C attached hereto and incorporated herein. 12. Because of the Estella Jumper Deed and the Martin Deed, Estella Jumper, and anyone taking through Estella Jumper, including G. Ray Martin, has a claim or interest in a significant portion of the Property subject to Plaintiff's foreclosure action. 13. Because a determination of the rights and interests of Plaintiff and Defendant in and to the Property subject to Plaintiff's foreclosure action necessitates a determination of the rights and interests of Estella Jumper, and anyone taking through Estella Jumper, including G. Ray Martin in and to a significant portion of that Property, Estella Jumper, and anyone taking -4- d through Estella Jumper, including G. Ray Martin, are indispensable parties to this action. See In re Estate of Moore, 871 A.2d at 202-03. 14. Currently, litigation titled Johnson v. Jumper, et al, commenced by Defendant, is pending in the Court of Common Pleas for Cumberland County Pennsylvania, as against Ronald and Linda Jumper, Commonwealth Land Title Insurance Company ("Commonwealth"), and Cedar Cliff Abstract Agency, Inc. ("Cedar Cliff') at Docket Number 07-2409 (the "Property Litigation"). 15. Among other things, in the Property Litigation, Defendant seeks an order of rescission as against Ronald and Linda Jumper. 16. Because of Defendant's prayer for an order of rescission as against Ronald and Linda Jumper, Ronald and Linda have an equitable interest in the Property that is affected by Plaintiff s foreclosure action, and, therefore, Ronald and Linda Jumper are indispensable parties to this action. 17. Among other things, in the Property Litigation, Defendant seeks an order of that Commonwealth is required to pay Defendant's claim under a title insurance policy issued by Commonwealth to, and for the benefit of, Defendant (the "Owner's Policy"). 18. If, and to the extent that, Commonwealth is determined to be liable to Defendant under the Owner's Policy, Commonwealth will be subrogated to Defendant's rights as against Ronald and Linda Jumper, including, potentially, the right of rescission, and, as such, Commonwealth has an interest in the Property subject to Plaintiff's foreclosure action, and is an indispensable party to Plaintiff's foreclosure action. 19. If, and to the extent that, Cedar Cliff is determined to be liable to Defendant in the Property Litigation, Cedar Cliff will be subrogated to Defendant's rights as against Ronald -5- and Linda Jumper, including, potentially the right of rescission, and, as such, Cedar Cliff has an interest in the Property subject to Plaintiffs foreclosure action, and is an indispensable party to Plaintiff s foreclosure action. 20. Because Plaintiffs foreclosure action affects the ownership claims and/or other rights and interests of G. Ray Martin, Ronald and Linda Jumper, Commonwealth, and Cedar Cliff in and to all or some portion of the Property that is subject to Plaintiff s foreclosure action, the interests and claims of those parties are inextricably intertwined with the matters at issue in Plaintiffs foreclosure action, and any determinations made by the Court in connection therewith, and, therefore, Plaintiffs foreclosure action cannot proceed without the joinder of those parties. See In re Estate of Moore, 871 A.2d at 202-03. WHEREFORE, Defendant respectfully requests that the Amended Complaint be dismissed for failure for failure to join necessary parties. Respectfully submitted this 13th day of August, 2010. eorge A is ak, PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 Telephone: (717) 645-6329 Fax: (717) 200-1018 gam@michakteeter. com Attorney for Defendant Curtis J. Johnson -6- Exhibit A 2d ~S~ ~l-ty,.~, -z, ,, This Deed z°~6 ~U~ ~ ~~ 1 ~9 ~;~- MADE this ~ day of June, Two Thousand and Siz (2006) BETWEEN: RONALD E. J[]MPER and LINDA C'. JiJM.~'ER, husband and wife, of Mount Holly Springs, Cumberland County, Pennsylvania, Grantors, AND CURTIS J. JOHNSON, of Mount Holly Springs, Cumberland County, Pennsylvania, Grantee, . WIINESSETH, in consideration of Seventy-Eight Thousand Dollars and 00/100 ($78,000.00), im hand paid, the receipt whereof is hereby acknowledged, Grantors do hereby grant and convey in fee simple to Grantee, his heirs and assfigias, ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post; thence in a Southerly dvection by land now or formerly of WOliam Wharton, 8 perches 9 feet, more or less, to a post; thence in an Easterly direction by land now or formerly of James Daugherty, 8 perches 14S feet, more or less, to a point; thence in a Northerly direction by land now or formerly of Kukcns and Yuerkes, ~ perches 9 feet, more or less, to a stone corner; thence in a Westerly direction by the same, 8 perches 14.5 feet, more or less, to the place of BEGINNING. BEING improved with a frame dwelling house. BEING Tract No. 1 of the premises which Frank E. 3umper and Estella A. Jumper, by Deed dated June 13, 1972, and recorded Jnne 1, 1972 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book R24, Page 263, granted and conveyed unto Ronald E. Jumper and Linda C. Jumper, Grantors herein. TOGETHER, HOWEVER, with free ingress, egress and regress fun the Grantee, his heirs and assigns, in, to and over the road leading from the tract herein described to the public road, over and joining land of the Grantors, in common with the Grantors, their heirs and assigns, and others thereunto lawfully entitled. $arn~ ~~~ ~~~~ ~..?8 •+ 1 TOGETHER ALSO with the free right in the Grantee, his heirs and assigns, to water from the well on adjoining land of the Grantors, with the right to repair, replace and maintain as neccesary the pipe from Said well to the tract herein described; said right to be in common with the Grantors, then heirs and assigns; the Grantee to pay half the ezpense of the maintenance of asid well and pump. And Grantors do hereby covenant and agree that they wdl warrant specialty the property hereby conveyed. IN WI'T'NESS WHEREOF, Grantors have hereanto set their hands and seals the day and year Srst above written. WITNESS: (~ . ~ .. Ronald E. Jum ,Grantor C. . inda C. J r, G for COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the _~~ day of 3une, 2006, before me, a Notary Public in and for the County of Cnmberlsnd, Commonwealth of Pennsylvania, the undersigned officer, personally appeared Ronald E. 3umper and Linda C. Jumper, Irnown to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and actmowledged that they eiectated the same for the purposes therein contained. ~N yVFTNi~SS WHEREOF, I herleuntQ set my hand an ff ~ ` COMMONyyEAi,1}{ .7F PENNSYLVANIA ~- AfOTAA ~'-"~" DANIEL M. HARIM, Nary p~bi~ Notary Public IMeW Cumberland Boro., Cumberland Co. My Cosnmimoo Expires Jan. 21, 2009 I do hereby ce a residence and complete post office address of the within Grantees is: kil MOUNTAIN vIEW ROAD, MOUNT HOLLY SPRINGS, PA 17065 Age for G ~'l ~~ 5 ~~~~ ~.~9 r COMMOrfWEALTH OF PENNSYLVANIA : a9 COUNTY OF CUMBERLAND RECORDED on this day of . 20Il6, in the Recorder's Office of the said County in Deed Book ,Page Recorder Cust~rla~x! Ceuntr Recorder of Deeds Iastrwknt Filins ReceiPtB b11176 IastrR YOOb-414153 614$/2406 Ik:O?:~ Rbrariss: CEDAR CLIFF ABSTRACT AG I~ SDFR~i!! ~ 11.50 DEER - 1RIT ,50 DEED - RTT MATE 780.04 CMLISLE AREA 390.80 DICKII~i TD1idEAlIP 390.04 ~ ' ~ 11.50 J.C.S. / A.T.3. (4.04 G0 I~fPRO~i~T FkD 2.00 REC. I~RUHT FtRID 3.04 CheckR 14874 138.50 GheckD 10871 0780.00 Cl~ecfcD 14872 0390.00 CheckR 148'1'1 (394.00 3a~al Received..,..., 3i~598.`~"v 1 Certify this to be recorded In Cumberland County PA ~~~~ -~;: - Recorder of Deeds a~ia~ ~~~ PAGE ~.4~ Exhibit B .~vrr h ~~jig ~nbenture, I[AD& THE .a 9 ~' dsy •j July ea !Ao 1ns+' , of osr Load ono eAowaed nte. eighty-six (1y86) BETWEEN RONALD E. JUMPER and LINDA C. JUMPER, his wife, oP Dickinson Township, Cumberland County, Pennsylvania, GRANTORS, N D~- ' ~~ TS ELLA A. JUMPER, , oP 1P. J o~ Diekinson Township, Cumberland County, Pennsylvania, GRANTEES, r °~~ m .. U~~ .. 4. C] • S a~s.^ , ~~ Ll C. • . ~, i) 1. •.- A V ~ N t. (+: _R u~ h: .. to op . . WITNESSETB, filet tiw' laid pereies parties ojebeaNOadpere, el ~ 1s*ot pw~'t, for sad is ~ of t7w +ws o1 One---------------------------(41.00)------------- , faerj+d+~+KY of tl~a tlaeted,Ytater o/ Aaureea, aato them wsel sad t+weY >~ by Ne avid Psrtios o/ tko oeooad pare, at sad e,.joro sec aaaetatr sad doeivery of ehao preteae+, tbo rooaipi wei,reoj (~ Aorae±y aoeasoadedped, have raat{~ed, retovred sad Qaitelae~ed, sad by tileaa prraoaea do eatsisa, reeoaas sad joseoer qu{L.elatw- a+ato tko owed part ios , of tAe iooosd pae~e, their ks{r+ and a~atyiu, ALL that certain trwct of land situate in Dlokineon Township, Cumberland County, Pennaylvania,'bounded and described is accordance Nith survey of Stephan 0. Fisher, Registered Surveyor, dated June 16, 1986, ae follove; BE{~INNING at an iron bolt ant at the corner of lands now or formerly of R. A. Bender and Bon and Harry A. Rickrode, Jr.; thence along said lands of Rickrode, Aorth 18 degrees 30 minutes West, a distance of 146.85 feet to an iron bolt set at the corner of other lands of $arry A. Rickrode, Jr.; thence along said lands of Rickrode, North 67 degrees Bast, a distanoe Ot 60.02 Seat to an iron bolt ^et at the corner of lands of said Rickrode and laude of Ronald and Linda Jumper; thence along said lands of Jumper, South 29 degrees 59 minutes 32 seconds Eaet, a distance of 95.63 feet to an existingpipe; thence along said Ianda of Jumpper North 67 degreee 14 minutes 16 seconds East, a distance of 6{.92 teat to an iron bolt set at the corner of lands of said Jumper and lands of Harold and Susan Trego; thenoe along said lands of Trego, South 18 degrees 30•minutee East, s distanco of 51.38 teat to an iron bolt set at the corner of said Ianda of Trego end lanfle of R. A. Bender and Son; thence along said lands of R. A. Bender and Son, South 67 degrees Wsst, a dietsnoa of 141.07 feet to an iron bolt eat, the point of BEGINNING. BEING part of the premises which Frank L. Jumper and Eetella.A. Jumper, hie Mite, by their Deed dated June 13, 1972, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "R", Volume 24, Page 263, granted and conveyed unto Ronald E. Jumper and Linda C. Jumper, hie Mite, Grantors herein. doom 32 t~c¢ 238 t `.. TbGb'TXRR witA a!! and atnpuiar tM tassearante, hertditaments: and appurtaaanea to tM aarne batonpixp, or in anywise spperlatntn0, aai the reversion and raveraiont, rwnainder sad re- mntndara, rents, iaaru and proRta thu+oof: and abo, alt the state, rtpht, t{tie, tntereat, property, daiin snd dearand whataoevsr, botA in law sad equity, of tks said parties of the prat part, ol, {n„ to or out of eM said praa-isas, sad svsry part sad pared thsreof. TO l3AVE ANA TO HOLD tM said prmnissa, wick alt and sinyuJar the.aypurtonanees, unto the acid part ies+f the seeoad part, their Mira and assigns, to and for tM only•proper ws and 6elFeof o/ tM said parties of tM sseoad part, their kaire sad oastpaa Joravsr. ~• JN WlTNJQ33 WA6Rr50F, tM said parties of the [rat part have herounto set their hand o and coats tM day and year prat above writta~y. l % p ~ n t ~eA, daki n/ )I~prteel ..~~°~a' ~ `uit~J/s~'S~..._». ... cur, r i. Up jlraeeoed Ronald E. J per .... naa ~, ~ Linda C. Jumper F. ......... .......................,.. ._....._.. .....__.... cur. Rseeivad the day o! the date of the above Indenture of the:abora Wanted tAe euvr of ---T-- -- ----One (41.00)- --------°-- ---------~'a laaJul nronsy o/ the United State, belay the aoaeidsrattorr money above nuatioaod in full ~ ~ - .......~ ....................~.... ~....................... ...~........~.......r..~ „~. .. ~~ , ~ ~iouE32 :~iE 239 ...-.... ~~..~w.nw.r~eas~-yes-s _.._.........----- •' x r 3tats o/ Pennsylvania County of Cumberland ~~ o/ Jul 86 ~ ofs ~ y y ,!9 , 6s/onau, R otary pu a n blio, tAs undsrstynsd oaksr, personalty appeared RONALD E. JUMPER and LINDA C. JUMPER, his wife.,. , known to na (oeaaNall! proeex) to bt fkspsrsona wkoss Warns a are sabeertbed to tks ~t+'rcaeent, awd aslmowlsdped tkat they essouted earns jor tAs purpo. lkargt» tif' A ~ !n witwtsa whsr+roJ, t ksrounto set my'JIaAd awd oaklot ssaR 1 `.~ •i ~ ~ ~ . ,. lAMlt'8 d. i:'::t'ii:i.::t. ~:'.f'hl'CY i'U1113C .»1..:..........x....1..1 ~ , ~ `.'.i.w:L:.~s' oleo r •~ ~ , .. . J Coauly Ca~isr PA ~ l m . ~ J v ; ,.. Cumher • v Jwwwy 27. Iwh •, r :. My Com~nlaww IuWU {'t' • :I, ~ r ~ +. ~ ~ ~ . r: .............«..~..................«...............:.d::~~.1 . ,~:,1..Av.«R .N ' ff. Couwty of On tlrfi, tAs dsY of ,19 ,, 6s/oru ets, the understywsd oaksr, psrsowaRy aPpared s s known to wa (or Batts/aotor~r proos~) to b. ek. person wlbss warns sa6eeriDed to t11e k o~{~~trranent, awd aolaawisdpa3 tAae essoatsd soars /es tk. pkrpNes theretst '' c !n wlbtsa wksrs% t Asrsunto nt my J1awd and oakiat s~ ~. sw. Tttb o/ Oaken C1CRTltr'1CATB OF RICSlDBNCa ' i ~ Eby ~+'ttJy that tke preetss restdswee and eanplsle post oaks address o/ tks wttAfsl wae~sd praates k r~, ,~ wwr~' Cfs.•k , I o 4 ~~.n L,r.~ , lac ii s l~ , ~, i'io ~; July .~R 19 86 ._.._.._..... , ~ ~~., • v w I ~ ~ a , q w' d ~. H . W W ~ W v t y a spy A b 1~ ~+ rf ~ ~ ~ _ , tV w ~ w ~ ~ ~7j ~ r y r `~ ti V! r^} p y w ~~ (~~ ~^ a ~ y il. h 1. . .. P COY11jQNif~,~ALTB OF EN.'VSYLV ' r'.:Ji , 'a' ~' IS ~ r:1" y ° ~ t;1` ='~~' RECORDED ow tkts ..~..~...~»..,_, deny oj ~ : • 1 , . ,, -.. . ...~.. '1~'t 1. , • .: •, . i ~ , .':;' ~~ •'~ ~~!~:~.'~ , A. D. 19..5~'tn tAe Reoorda+i o ~(o of tk id C '~ ~ ~ i, r'y't t t D ~ , o sa oaw _ . y, o eed Book /au~ • ';:ba.:,-•w+a}:~r, 'xx~?:. .Gwen under my hard awd ~aaK of tlta sa idgQ ~ e, tks dots oboes wrrittsn, ` y \ ) • J `l.V~%w..A_.~ • a ~ " l ~' .-... . . _ ~ „ : , lteoorder. ;~ oo~nL 32 °~ce 240 ' • , Exhibit C • ,~ .y ~ii uy aawk'm~wi~cr ~ ~t Me raw yet .r ~~er. ~~ IaADE THls` ~oZ ~ yl say aJ September is tkr parr o/ am LoM oars IAnrrxaed tthra Aaadrrd eighty-six (1986 . IfhT'tV/shN 88TELLA A. JUMPER, Widow , by JANET D. CLARK, Attorney- ~• . in-Fact apeeilicaiiy constituted by Power of Attorney bearing date the .~ ,T I. ~ ~• 5th day of November, 1984, and intended to ba recorded herewith, . ~~ party of the lirat•part, a'~ G. RAY t~tARTiNy single man, of RD y ~~ /s „t , (~, I;, r•_. , -' . ' %toL~ • , .. .. Cnuelte .. .. WITN63S6TX,;4Mt {s-aox;ridenttior p/ .Thirteen Thousand' live Hundred (¢3500.00! -- -- -- -- ----- --- --- ----- -- r - - - - - - - --•- - - ay l,t halyd yard. fits reeRllit 'tcAcrro/ is krrrGy aekxorrlydyr!d Ikr mid yrnalor do ea hereLy yrwrf sad eowrey to tks oAFI yrrtntes hir heirs and assigns: ALL that certain tract of land situate in Dickinson Township, Cusiberland County, Penasylvania, boundsd and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated June 16, 1986, as follows: BEGINNING at an iron bolt set at the•corner of lands now or formerly of R. A. Bender and Son.and harry A. Rickzode, Jr.; thence along said lands of Rickrode, North 18 degrees 30 minutes West, a distance of 1A5.65 feet to an iron bolt set at the corner of other " lands of Harry A. Rickrode, Jr.f thenae along said lands of Rickrode,'North 67 degrees Easti, a distance of 60.02 feet to an iron bolt set at the corner of lands of said Rickrode and lands of. Ronald and Linda Jumper; thence along 'said lands of Jumper, South 29 degrees 59 minutes 32 seconda•8ast, a distance of 95.63 foot to an existing pipet thence along said lands of Jumper, North 67 degrees 14 minutes 16 seconds Eaat, a distance of 61.92 feet to an iron bolt set at the corner of lands of said Jumper and lands of Harold and Susan Trego; thence along said lands of•Trego, South 18 degrass 30.minutes Sast, a dietaace of 51.38 feet to an iron bolt set at the corner of said lands of Trego and lands of R. A. Bender and Sons thence along said lands of R. A. Sender and Son, South 67 degrees West, a distance of 141.07 feat to an iron bolt set, the point of BEGINNING. BEING the same property which was .conveyed to Estella A. Jumper by Ronald E. Jumper and Linda C. Jumper, his wife, by deed dated July ~.jtecorder of Deeds for 29, 1986, and recorded in the Office of th 3 , V ol. , Page ~~. ri Cumberland.County in. Deed Hook ~ • ' ....» .r _ ScAeol Dt:f. •Cwn~. `~ *M ~ QOw /L ~ riWllti. CO.. , ~~ Red flue [ra~.i~r Ts ` 7i Rid _ 17f~-. T..w/., Ty ~ - b a M .. /S! ~~ ~ A • // - '. ~ d,. Dye V. ~ :..-: c« ow. c.t. Mw /~ ' c«.~. a. an. c.6 ,ys.. ,.~ " ~ cc~ ~ ', t t " _ OO ~ p '~.r J . t17 y H '~ ti 7~ ~ ~oac~32 eAe~ 2d2 . .~ •` ~" ANA the eaid prnwMr harrbp ooveKanfs a~ut apnea that she • • Te(tl warntNt gonerally tha prnlMrfp Aeroby enarmrerl. "' ' `^ COMMONWEAl7H C)F PENNSYLVANIA ~: - e 0EPAR7MENi OF REVENUE C vJ'~ - ,~ ' rFr1TY ~ i l• Ti7<NSPER e ,,,x n-r,•u 1 3 5.0 0 w 4 ~ t i f. L i. . r' IN W1TN63S WHIs'Rt"s'OI~', rsid prnt•tor heR heroaato wet her head wild ~ j ehe dsy axd year /tree above wriecaa. • . e b~:ne0 #rtleh an0 IDrlidme ... .............. ».............._...»......»........» ........ am•$ 8stella A. Jumper ' i to trrt prrstace et x .. ..» ss.L ;, 8 ,a-Tae,Ti*...n.l~eAlr..~Q.......»_.»....»........... • . ~aet D. Clark, Attorney-in- , ..» ~..~~~ V ..i.._...... Fact ........» ..............................._.......»...........».....».»....... eY•r .» .................................».............._»...._...4 ................».............»............................»»».........». ear • I do hershy certify that the pseaisa residence and complete poet office addreia of the within 6rantes Se ~i ' •( /~t•l, (/I,,t, ~! ~ ~.~ ~~..((;. _ ~ ,S ~Tr. S ~j7F, t-rot-f" d '~~~~; ~~ f • y 1 / Attorney for Gracyt ; tv/ 1 E i r f i } ~ ~ 31ate u/ PENNSYLVANIA s a. t 1 Connfy ej . CUMBERLAN i nK thie, the J2~ day aJ September , !e 86. belon ma, ~ ~ fh~ Nndr•rripned.r,,~ieer, yerranatty ayyra,wl ~ Estella A. Jumper, Widow, by s`. I Janet D. Clark. Attorney-in-Fact for Fatella A. Jumper, widow, ~~ ' lturrwtl to me (or ratieJedoritp yrrvrrt) ta bs the pereox nrhnao name f s subscribed ta the within i+udrnanene, and aeknairledped that ehr. ezeented the sane Jar the ynryoaes thereix costainsd, and in the capacity therein stated. ~ lN. t3'ITNI£SS WNt"sRisOF, ! hereunto s •nry hand and oQte' real. ,.•••;~^••~••. u~ ~ ~ n ~ ^-bntt::• -. ~~.hti4h. ~le:~.~A..4F.t.. ,~~ S~~,e Jr y ~ 91 :r~' . rti`~~ ..1+IOTAR4.JlJfUG-......».. »».,~i=+wr.::.:'~"y.,. ° ~;y~ i ' .. ~. a.r.r..e war ? ~itrr~o,~rC,+~' •~' ' eooK~32 McE 243 •„ °~~~ v ~ , . ~'' 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, v. CURTIS J. JOHNSON, . 411 Mountain View Road Mount Holly Springs, PA 17065, . Defendant. NO. 10-2858 Civil Term MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that, on today's date, I served a true and correct copy of the Defendant's Preliminary Objections and supporting brief, by first class mail, postage prepaid, on the following: Christopher DeNardo, Esq. Michael J. Clark, Esq. Danielle Boyle Ebersole, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Dated: August 13, 2010 eorge is ak, Esq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 717.645.6329 gam@michakteeter. com Attorney for Defendant Curtis J. Johnson OF Tur, SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE PA ATTORNEY I.D. NO. 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through ; Certificates PLAINTIFF VS. Curtis J. Johnson DEFENDANT PEN;_-SYLVAN A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2858 MOTION TO STAY PROCEEDINGS FOR ADMINISTRATIVE PURPOSE Plaintiff, Mortgage, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates, by and through its attorneys, Shapiro & DeNardo, LLC, hereby files this Motion to Stay Proceedings in accordance with the numbered paragraphs as follows: On or about April 29, 2010 Plaintiff, Mortgage, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates ("Plaintiff') filed a Mortgage Foreclosure Complaint against Defendant, Curtis J. Johnson ("Defendant'). 2. On May 3, 2010 Plaintiff obtained service of the Complaint against Defendant. 3. On or about June 6, 2010, Defendant filed Preliminary Objections to the Complaint. 4. On June 23, 2010, Plaintiff filed an Amended Complaint against Defendant. On or about August 14, 2010, Defendant filed Preliminary Objections to the Amended Complaint. 6. Defendant is currently in litigation titled, Johnson v. Jumper, et al at Docket # 07-2409 (the "Property Litigation"). Counsel for Plaintiff has discussed this Motion with Defendant's counsel, and Defendant concurs to the Court's entry of the relief sought in this Motion. WHEREFORE, Plaintiff respectfully requests that the Court stay the foreclosure action pending the outcome of the Property Litigation. A proposed Order to such effect is submitted herewith. Respectfully Submitted, SHAPIRO & DeNARDO, LLC` Date: 9/2/10 BY: Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 10-2858 V. Curtis J. Johnson DEFENDANT CERTIFICATE OF SERVICE I, Danielle Boyle-Ebersole, Esquire, Counsel for Plaintiff, hereby certify that on September 2, 2010, a true and correct copy of the attached Motion to Stay Proceedings for Administrative Purpose was served by first class mail, postage prepaid, to: Curtis J. Johnson c/o George A Michak, Esq. P.O.Box 62188 Harrisburg, PA 17106 SHAPIRO & DENARDO, LLC BY: Danielle Boyle-Ebersole, Esquire s SEP 0 7 201Q SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-2858 v. Curtis J. Johnson DEFENDANT ORDER ~~ ` AND NOW, this ~ day of S Gp~t~1pG(' , 2010, upon consideration of the Motion to Stay Proceedings for Administrative Purpose, it is hereby ORDERED that Plaintiff's Motion to Stay Proceedings for Administrative Purpose is GRANTED, and the instant Mortgage Foreclosure Action shall remain stayed, pending the outcome of the Johnson v. Jumper, et al, litigation, currently pending at Docket # 07-2409. -,o ~ ~, J. ~~ ~ ~~~ as > c: ~ -o _~ . ~: , N ~-~ ~ ~ ~ i er rn~i~' R{~ ~~ r~~ Q~g~~ SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBER OLE, ESQUIRE MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NOS: PA Bar 81747 & 202929 3600 HORIZON DRIVE, SUITE 15 0 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Curtis J. Johnson DEFENDANT TO THE PROTHONOTARY: COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2858 ~ sx' = F -am r ?s C) { n-n =o z_ C") 3, - C :0 --? M WIJHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: 9 i "/? Danielle Boyle-Ebersole, Esquire ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. SHAPIRO & DeNardo, LLC BY: Michae J. Clark, Esquire i SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQ IRE ATTORNEY I.D. NO: PA Bar # 02929 3600 HORIZON DRIVE, SUITE, 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF V. Curtis J. Johnson DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-2858 CIERTIFICATE OF SERVICE I, Michael J. Clark, Esqui?e, Counsel for Plaintiff, hereby certify that on March 2011, a true and correct copy of title attached Withdrawal and Entry of Appearance was served by mailed same by regular mail, postage prepaid, to: George A. Michak, Esquire P.O. Box 62188 Harrisburg, PA 17106 SHAPIRO & DENARDO, LLC BY: ?o? ? k ichael J Clark, Esquire ~t7-Ot~ k ~Cc ~..:E~ THE3kUTa~`d: SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE, PA ATTORNEY LD. N0.202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC'3 Asset-Backed Pass-Through Certificates PLAINTIFF ~u1~,~i1v ; 4 ~~ !Q~ G7 ;'t'k~~~~LAND COUtiTY ~~"~~SYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2858 VS. Curtis J. Johnson DEFENDANT MOT10N TO REACTIVATE Plaintiff, Mortgage, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC'3 Asset-Backed bass-Through Certificates, by and through its attorneys, Shapiro & DeNardo, LLC, hereby files this Motion to Reactivate this case in accordance with thie numbered paragraphs as follows: ', 1. On or about Apri129, 2010 Plaintiff, Mortgage, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates ("Plaintiff') filed a Mortgage Foreclosure Complaint against Defendant, Curtis J. Johnson ("Defendant") 2. On May 3, 2010 Plaintiff obtained service of the Complaint against Defendant. 3. On or about June 6, 2010, Defendant filed Preliminary Objections to the Complaint. ', 4. On June 23, 2010, Plaintiff filed an Amended Complaint against Defendant. 5. On or about August 14, 2010, Defendant filed Preliminary Objections to the Amended Complaint. 6. Defendant is currently in litigation titled, Johnson v. Jumper, et al at Docket # 0~1- 2409 (the "Property Litigation"). 7. By Court Order of the Honorable M.L. Ebert, Jr. dated September 8, 2010, this case was stayed pending the outcome of the Johnson v. Jumper, et al. litigation pending at Docket # 07-2409. 8. However, almost nine (!~) months later, the Johnson v. Jumper, et al. litigation pending at Docket # 07-2409 is still not resolved and may not be for a significantly longer amount of time. 9. The Plaintiff is severely prejudiced by the stay currently in effect because it has not received a single monthly mortgage payment in well over three (3) years and the Defendant's loan is due for the February 1, 2009 payment. 10. Moreover, there is no reasonable expectation that the Defendant can reinstate or payoff this severely delinquent loan. 11. Therefore, the Plaintiff should be allowed to proceed with its mortgage foreclosure action to limit its losses on the Defendant's loan. 12. Counsel for Plaintiff has contacted Defendant's counsel in regards to this motio~ and the requested relief, and Defendant does not concur to the Court's entry of the relief sough in this Motion. WHEREFORE, Plaintiff respectfully requests that the Court reactivate the foreclosure action, without limitation. A proposed Order to such effect is submitted herewith. Respectfully Submitted, SHAPIRO &,DeNARDO, Date: August ~, 2012 Michael J. Clar Attorney for Pl VERIFICATION The undersigned is the w;cc Presiacnt of Carrington Mortgage Services, LLC and such corporation is the servicer of the :Defendant Curtis Johnson's loan and is the attorney-in-fi~ct of the Plaintiff; Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Seri~s 2006-NCa Asset-Backed Pass-Through Certificates, and as such is familiar with the records of!, said corporation, and being authorized to make this verification on behalf of Plaintiff as an officer of Carrington Mortgage Services, LLC the undersigned hereby verifies that the facts set'', forth in the foregoing Motion to Reactive Mortgage Foreclosure Action are taken from. the business records of Carrington Mortgage Services, LLC held in the ordinary course of business) and that those facts are true and correct to the best of the knowledge, information and belief of ', the undersigned. I iJNDERSTAND THAT FAL'~SE STATEMENTS HEREIi~T ARE MADE SUBJECT TI'J THE PENALTIES OF 18 PA.C.S. §4904 RELATING 'TO UNSWORN FALSIFICATION TC~ AUTHORITIES. ame: etsy Ostermann, Vice President of Foreclosure Title: for Carrington Mortgage Services, LLC, Attorney in Fact Company: Carrington Mortgage Services, LLC, as Servicer and Attorney-in-fact for Wells Fargo Bank, N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass- Through Certificates Date: July, 2012 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE PA ATTORNEY I.D. NO. 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610 j278-6800 S & D FILE NO. 10-037609 _ Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates PLAINTIFF VS. Curtis J. Johnson DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2858 CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Counsel for Plaintiff, hereby certify that on August I3 , ~I, 2012, a true and correct copy of the attached Motion to Reactivate Foreclosure Proceedings wa~ served by first class mail, postage prepaid, to: George A. Michak, Esquire P.O. Box 62188 Harrisburg, PA 17106 SHAPIRO DeNAR ,LLC ~~~ ~, BY: ~/lr, f Michael J. Clark, sq 're WELLS FARGO BANK N.A., AS TRUSTEE, FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006 - NC3 ASSET-BACKED PASS- THROUGH CERTIFICATES, PLAINTIFF V. CURTIS JOHNSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN'SYLVANI NO. 10-2858 CIVIL IN RE: MOTION TO REACTIVATE ORDER OF COURT c ~..~ _, ~ f ~ -, iTl ~ ~:~3 . ~ f° `"fit-r,, ~ ~ .._ ~' "'T's E'~ "* 3 ~--~ . .. C3 W a-s ~Tt w AND NOW, this 17"' day of August, 2012, upon consideration of the Plaintiff's Petition to Reactivate, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief should not be granted; 2. The Defendant shall file an Answer on or before September 7, 2012; 3. In the event of a response, the Petition will be decided under Pa.R.C.P. No. 206.5; 4. Depositions shall be completed within 45 days of the date of the response 5. Hearing/Argument on the matter will be held on Thursday, December 13, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Pennsylvania. By the Court, ~~ M. L. Ebert, Jr., ~' ~/ Michael J. Clark, Esquire Attorney for Plaintiff /George A. Michak, Esquire Attomey for Defendant bas ~p~;`°s ~~~ed ~//>/rte %~ SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 Z; CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 t C� :;r— C-) , z3c") S &D FILE NO. 10-037609 —C- 9 —J-1 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS 2n Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO:10-2858 VS. Curtis J. Johnson DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $104,35054 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $75,861.45 Interest Accrued $21,746.11 Late Charges $0.00 Escrow Advances $5,315.98 Appraisal Fees $90.00 Attorney Fees & Costs of Foreclosure $1,337.00 TDRA-L $104,350.54 BY: .6,ttornUfor Plaintiff AND NOW,judgment is entered in favor of the Plaintiff and insC0)kDefeJdhnt and damages are assessed as above in the sum of$104,350.54. Pr(T'Pr6t'5y"' 10-037609 C SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CUMBERLAND COUNTY 2006-NC3 Asset-Backed Pass-Through ; Certificates 10-2858 1610 E. St. Andrew Pl. #B150 Santa Ana, CA 92705 PLAINTIFF VS. Curtis J. Johnson. DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO &DeNARDO, LLC Date: (0 0 BY: �. Attorneys for Plaintiff Sworn to and subscribed before me this Z� day of Lc.-t� 92013. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M.Sharkey,Notary Public Upper Merton Twp.,Montgomery County *Nary Public My Commission Expires Oct.19,2014 Member.Pennsvlvania Association of Notaries SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 10-2858 VS. Curtis J. Johnson DEFENDANT CERTIFICATION OF MAILING NOTICE UNDER RULE 23 7.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, April 22, 2013 to the following Defendants: Curtis J. Johnson, 411 Mountain View Road, Mount Holly Springs, PA 17065 Curtis J. Johnson c/o George A. Michak, Esquire, P.O. Box 62188, Harrisburg, PA 17106 0 Tiffany Donnell, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for ; COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates ; PLAINTIFF NO: 10-2858 VS. ' ; Curtis J.Johnson DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE TO: Curtis J. Johnson DATE OF NOTICE: April 22,2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice,a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOT17 ICACION IMPORTANTE U'sted se encuentraenestado de rebeldia por no haber tornado la accion requ"irida de su parfe en este caso. Al no tomar la accion debida dentro de un termino de diez(10)dins de la fecha de esta notificacion,el tribuna podra, sin necesidad de corripararecerusted in corte o escuchar preuba alguna, dictar sentencia.en su contra. Usted puede perder bienes y otros derechos impoitantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o sl 110 tiene dinero su'ficiente Para tal servicio, vaya en persona o 11mile por teleforic,a la oficina cuya direccion se encuentra escrita abajo pam averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE, FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED D TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Curtis J.Johnson,411 Mountain View Road,Mount Holly Springs, PA 17065 Curtis J.Johnson c/o George A. Mithak,Esquire, P.O. Box 62188, Harrisburg, PA 17106 Khrist pher A�'DeN rdo. Esquire 1, JI)iro & E Shapiro & DeNardo' LLC Attorney for Plaintiff BY: CHRISTOPHER A. DeNARDO,ESQUIRE ATTORNEY I.D.NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 10-2858 Curtis J.Johnson DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE TO: Curtis J.Johnson c/o George A. Michak,Esquire DATE OF NOTICE: April 22,2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice,a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TMS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TRAT PURPOSE. ' NOTIFICACTON IMPORTANTE Usted se encuentra en estado de rebeldia por no'haber tornado la accion requirida de su parte eti este caso. Al no tomar la accion debida dentro de un termino de diet(10)dias de la fecha de esta notificacion, el tr1buna podra,sin necesidad de compararecer usted in carte o escuchar preuba a1guna,dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion-a un abogado im.mediatamente. Si ustecl no tien6 abogado o si no time dinero suficiente p�ara tal servicio,vaya en persona o Ilarnepor.teleforto a la oficina cuya direction se enauentra escrita.abajopara averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 3,2 South Bedford Street Carlisle,PA 170131 717-249-3166 PURSUANT TO THE, FAIR DEBT COLLECTION'PRACTICES ACT YOU ARE, .ADVISED THAT TFIIS LAW FIRM IS DEEMIE* D TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Curtis 1. Johnsoii,411 Mountain View Road, Mount Holly Springs, PA 17065 Curtis J. Joluyson c/o George A. Michak,Esquire. P.O. Box 62188,14arrisburg,PA Ill 06 f ' topper a.l ' do, E squire Shapiro & DeNarc , LLC A ttorne y for plainti . SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO:10-2858 VS. Curtis J. Johnson DEFENDANT CERTIFICATE OF SERVICE 1, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Curtis J. Johnson c/o George A. Michak, Esquire P.O. Box 62188 Harrisburg, PA 17106 Date Mailed: a' SHAPIRO &DeNARDO, LLC Date: l0 ` BY: Attorneys for Plaintiff SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO:10-2858 VS. Curtis J. Johnson DEFENDANT CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff) is: Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 and that the last known address of the judgment debtor(Defendant) is: Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 SHAPIRO & DeNARDO, LLC Date: .. BY: Attorneys for Plaintiff 10-037609 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square David D. Buell Carlisle, PA 17013 Prothonotary TO: Curtis J. Johnson c/o George A. Michak, Esquire P.O. Box 62188 Harrisburg, PA 17106 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series 2006- CIVIL DIVISION NC3 Asset-Backed Pass-Through Certificates CUMBERLAND COUNTY PLAINTIFF VS. NO: 10-2858 Curtis J. Johnson DEFENDANT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DeNARDO, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Confessed Judgment Other Wells Fargo Bank N.A., as Trustee, for File No. Carrington Mortgage Loan Trust, Series Amount Due$104,350.54 2006-NC3 Asset-Backed Pass-Through Interest May 30, 2013 to December 4 2013,-, Certificates is $3,512.19 C-) PLAINTIFF Atty's Comm Costs1W VS. C-) C) C:) Curtis J. Johnson DEFENDANT(S) Cn TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Le-gal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property(if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gamishee(s)as a [is pendens against real estate of the defendant(s) described in the attached exhibit. Date: I-d, 15 Signature: Print Name: Christopher A. DeNardo, Esquire—_ Address: 3600 Horizon Drive, Suite 150 6) King of Prussia, PA 19406 S Attorney for: Plaintiff Supreme Court ID #PA Bar# 78447 tta I . sba-, ,.A�A e* t,C -0 �� SHAPIRO &DeNARDO, LLC PRO TNp ```` OT,_p . B ESQUIRE,CHRISTOPHER ATTORNEY I.D. NO 78447 CDC J JUN 13 >`IH 10: 4� CAITLIN M. DONNELLY, ESQUIRE, CMB N D ATTORNEY I.D. NO. 311403 DS YI COU T,, KASSIA FIALKOFF, ESQUIRE, AP ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 10-2858 VS. Curtis J. Johnson ; DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006- NC3 Asset-Backed Pass-Through Certificates, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 411 Mountain View Road, Mount Holly Springs, PA 17065. 1. Name and address of Owner(s) or Reputed Owner(s) Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 2. Name and address of Defendant in the judgment: Curtis J. Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006- NC3 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B150 Santa Ana, CA 92705 Citifinancial 1 Valley Street, Suite 103 Carlisle, PA 17013 Lyons Surveying LLC 30 Westerlau Drive Mt. Holly Springs, PA 17065 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006- NC3 Asset-Backed Pass-Through Certificates 1610 E. St. Andrew Pl.#B 150 Santa Ana, CA 92705 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 411 Mountain View Road Mount Holly Springs, PA 17065 Shea Johnson 411 Mountain View Road Mount Holly Springs, PA 17065 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAW & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 10-037609 J. SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037609 Wells Fargo Bank N.A., as Trustee, for COURT OF COMMON PLEAS " Carrington Mortgage Loan Trust, Series CIVIL DIVISION 2006-NC3 Asset-Backed Pass-Through CUMBERLAND COUNTY Certificates E) Ln PLAINTIFF NO: 10-2858 __elz vs. C:) Curtis J.Johnson DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Curtis J. Johnson c/o George A. Michak, Esquire P.O. Box 62188 Harrisburg, PA 17106 Your house(real estate) at: 411 Mountain View Road,Mount Holly Springs,PA 17065 08-33-1936-012A is scheduled to be sold at Sheriffs Sale on December 4, 2013 at: Cumberland County Sheriffs Office I Courthouse Square Carlisle, PA 17013 at I O:OOAM to enforce the court judgment of$104,350.54 obtained by Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-Through Certificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You 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 be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ' 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. You 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. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 10. You 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 no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the , money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or'ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037609 ALL that certain tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a post; thence in a Southerly direction by land now or formerly of William Wharton, 8 perches 9 feet,more or less,to a post;thence in an Easterly direction by land now or formerly of James Daugherty, 8 perches 14.5 feet,more or less,to.a point; thence in a Northerly direction by land now or formerly of Kukens and Yuerkes, 8 perches 9 feet,more or less,to a stone corner;thence in a Westerly direction by the same, 8 perches 14.5 feet, more or less,to the place of BEGINNING. BEING improved with a frame dwelling house. Parcel No. 08-33-1936-012A BEING THE SAME PREMISES which Ronald E.Jumper and Linda C. Jumper,husband and wife,by Deed dated June 1,2006 and recorded June 8, 2006, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 275 Page 138, granted and conveyed unto the Curtis J. Johnson, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-2858 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK N.A.,AS TRUSTEE,FOR CARRINGTON MORTGAGE LOAN TRUST,SERIES 2006-NC3 ASSET-BACKED PASS- THROUGH CERTIFICATES Plaintiff(s) From CURTIS J.JOHNSON (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: $104,350.54 L.L.:$.50 Interest MAY 30,2013 TO DECEMBER 4,2013 IS$3,512.19 Atty's Comm: Due Prothy:$2.25 Atty Paid: $187.30 Other Costs: Plaintiff Paid: Date: 6/13/13 a—,Z-1 C---- David D.Bu ,Prothonotary (Seal) Deputy REQUESTING PARTY: Name:CHRISTOPHER A.DENARDO,ESQUIRE Address:SHAPIRO&DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 61.0.278-6800 Supreme Court ID No. 78447 IN THE COURT OF COMMON PLEAS rn OF CUMBERLAND COUNTY Nr� o t ' CIVIL DIVISION `�' ` WELLS FARGO BANK N.A., as Trustee for Carrington Mortgage Loan Trust, Series • 3' 2006-NC3 Asset-Backed Pass-through • < �" Certificates, • • Plaintiff, • NO. 10-2858 Civil Term v. MORTGAGE FORECLOSURE CURTIS J. JOHNSON, • Defendant. : PETITION TO STRIKE DEFAULT JUDGMENT NOW COMES Defendant Curtis J. Johnson, by and through his undersigned attorney, and petitions your Honorable Court to strike the default judgment entered in the above-captioned matter, as follows: 1. On June 30, 2010, Plaintiff filed its Amended Complaint. 2. Defendant filed Preliminary Objections to the Amended Complaint, duly endorsed with a Notice to Plead. 3. Without responding to Defendant's Preliminary Objections, Plaintiff requested that the Court stay the proceedings for administrative purposes. 4. On September 8, 2010, Judge Ebert issued an Order staying the proceedings in this litigation. 5. On August 14, 2012, Plaintiff filed its motion to reactivate the litigation. 6. On December 13, 2012, Judge Ebert issued an Order reactivating the litigation. -J- 7. As shown on the record, Defendant's Preliminary Objections to the Amended Complaint remained pending when the litigation was reactivated. 8. As shown on the record, Plaintiff has not filed an answer to Defendant's Preliminary Objections. 9. Because Defendant's Preliminary Objections to the Amended Complaint remain pending, there was no obligation for Defendant to file an answer to the Amended Complaint. Feigley v. Dep't of Corrections, 872 A.2d 189, 194 (Pa. Commw. Ct. 2005) (when preliminary objections are pending, "the filing of an answer . . . would be premature.");Advance Building Services Company, v. F&MSchaefer Brewing Company, 252 Pa. Super. 579, 582, 384 A.2d 931, (Pa. Super. Ct. 1978) (until preliminary objections are resolved, a defendant is not required to file an answer). 10. On June 13, 2012, notwithstanding its failure to answer Defendant's Preliminary Objections, and without there being any obligation for Defendant to file an answer to the Amended Complaint, Plaintiff filed its Praecipe for Judgment for Failure to Answer and Assessment of Damages, pursuant to which the Prothonotary entered default judgment in favor of Plaintiff and against Defendant. 11. A Petition to Strike Judgment is appropriate when there is a fatal defect on the face of the record rendering the judgment unsustainable. Malakoff v. Zambar, Inc., 446 Pa. 503,506, 288 A.2d 819, (1972); Cameron v. Great Atlantic &Pacific Tea Co., 439 Pa. 374, 370, 266 A.2d 715, (1970); Nixon v. Nixon, 329 Pa. 256, 263, 198 A. 154, (1938); Hertzog v. Jung, 363 Pa. Super. 439, 442-43, 526 A.2d 425, (1987);Academy House Council v. Phillips, 312 Pa. Super. 364, 369, 458 A.2d 1002, (Pa. Super. Court. 1983); Matlock v. Lipare, 243 Pa. Super. 167, 170, 364 A.2d 503, (1976). -2- 12. According to our Superior Court, "[a] petition to strike a default judgment will be granted where a fatal defect appears on the face of the record." Academy House Council, 312 Pa. Super. at 369, 458 A.2d at 13. The existence of unresolved Preliminary Objections constitutes a fatal defect on the face of the record, requiring that default judgment be struck. Feigley, 872 A.2d at 194 (when preliminary objections are pending, "the filing of an answer . . . would be premature.");Advance Building Services, 252 Pa. Super. at 582, 384 A.2d at (until preliminary objections are resolved, a defendant is not required to file an answer) Fleck v. McHugh, 241 Pa. Super. 307, 311, 361 A.2d 410, 412 (Pa. Super. Ct. 1976) (fatal defect on the record is grounds to strike a judgment); Fire Adjustment Bureau, Inc. v. Warhoftig, 58 Pa. D. & C. 2d (C.P. Phila. 1972) aff'd per curiam, 224 Pa. Super. 756, 301 A.2d 888 (Pa. Super. Ct. 1973) (unresolved preliminary objections are a fatal defect on the record pursuant to which a default judgment will be struck). 14. Because, as shown on the record, Defendant filed Preliminary Objections to which Plaintiff failed to respond, and, which have not been resolved, there is a fatal defect on the record rendering default judgment unsustainable. WHEREFORE, Defendant respectfully requests that the improvidently entered default judgment be struck. Respectfully submitted this 9th day of July, 2012. �_l� I 1, George A, is ak, PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 Attorney for Defendant Curtis J. Johnson -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION • WELLS FARGO BANK N.A., as Trustee for • Carrington Mortgage Loan Trust, Series • 2006-NC3 Asset-Backed Pass-through • Certificates, • Plaintiff, : NO. 10-2858 Civil Term v. • MORTGAGE FORECLOSURE • CURTIS J. JOHNSON, • • Defendant. : CERTIFICATE OF SERVICE I hereby certify that, on today's date, I served a true and correct copy of the Defendant's Motion to Strike Default Judgment, by first class mail, postage prepaid, on the following: Christopher A. DeNardo, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Dated: Jul y 9, 2012 George�f. Michak, Esq., PA ID No. 72604 P.O. Box 62188 Harrisburg, PA 17106 Attorney for Defendant Curtis J. Johnson R J c � z UZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _mss CIVIL ACTION CZ WELLS FARGO BANK N.A., as Trustee for x� Carrington Mortgage Loan Trust, Series - - x 2006-NC3 Asset-Backed Pass-through Certificates, Plaintiff, NO. 10-2858 Civil Term V. MORTGAGE FORECLOSURE CURTIS J. JOHNSON, ; Defendant. IN RE: PLAINTIFF'S PETITION TO STRIKE DEFAULT JUDGMENT ORDER OF THE COURT AND NOW, this day of , 2013, on consideration of Defendant's Petition to Strike Default Judgment, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Plaintiff to show cause, if any, why the relief sought in Defendant's Petition to Strike Default Judgment should not be granted. 2. Plaintiff shall file an Answer to the Petition on or before 21 12013. 3. In the event of a response, the Petition will be decided under Pa.R.C.P. No. 206.5. 4. Hearing/Argument on the matter will be held on 410 2013, at 9� t» a.m./per. in Courtroom No. °2' of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: -1- Distribution List: ,/George A. Michak Esq. P.O. Box 62188 Harrisburg, PA 17106 Attorney for Defendant Christopher A. DeNardo, Esq. Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for Plaintiff Co e .� -2- 0 �AJ IN THE COUR'.I' OF COMMON' PLEAS }�©��r��T,��,��, 01, SAP OF C'U:ViBERLANll CC3(i'i`T1�' 26 41��:. CIVIL DIVISION 2 J W}w1:.LS FARGO BANK N.A., as "trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-:Backed Pass-through Certificates, Plaintiff. NO, 10-2858 Civil. Term V. MORTGAGE FORECLOSURE CUR l'IS J. :JOHNSON, Defendant. STIPULATION AND JOINT P:12AFCIPE TO VACATE .DEFAULT JUDGMENT NOW C:'OME., Plaintiff Wells Fargo Bank N.A., as'1°rustee for Carrington Mortgage Loan 'trust, Series 2006-NC3 Asset-Backed Pass-through.Certificates ("Plaintiff")and Defendant Curtis J. Johnson ("Defendant"), by and through their undersigned attorneys, and stipulate. agree, and praecipe the Court, as follows- 1. On June 30, 2010, Plaintiff filed. its Amended Complaint, 2. Defendant filed Preliminary Objections to the Amended Complaint. dilly endorsed with a Notice to Plead. 3. As shown on the record, Plaintiff has not answered Defendant's Preliminan• Objections. 4. On ,June 13, 2013, Plaintiff fled its Praccipe-for Judgment for Failure to Answer and Assessment of Dainas(res, pursuant to which the Prothonotary entered default judgment in favor of`Plaintiff and against Defendant. '?. On July 9, 2013, Defendant filed his Petition to Strike Judgment. 6. On July 11, 2013, Judge Ebert issued a Rule Returnable on Defendant's Petition to Strike, and set the matter for argument on September 26, 2011 7. The parties stipulate and agree to the following actions: (i) Defendant's Petition to Strike Default Judgment is hereby withdrawn, effective on the default judgment.being vacated. (ii) The default judgment shall be vacated without prejudice. WI IEREFORE, , (i)the parties stipulate and agree that Defendant's Petition to Strike Default Judgment is withdrawn effective on the del'aultjudgment being vacated, and (ii) the parties respectfully request that the de.fiWlt judgment be vacated without prejudice. Respectfully submitted. SHAPHZ0 & DeNARDO, LLC ..................... B v. Date Kassia Fialkoff., PA ZIP 310.130 Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, Pa. 19046 Attorneys for Plainlif. —'al(le----- -------------- 5.......... ....................... —.... ............. ...........------- o -iicfiak, IP;A fib'Wo.772160-- -4 Date (rg , i N 11.0. Box 62 188 Harrisburg. PA '17106 AtIorney,for D�,fendanf -2- - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WELLS FARGO BANK N.A., as Trustee for : Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Backed Pass-through • Certificates, • Plaintiff, NO. 10-2858 Civil Term v, • MORTGAGE FORECLOSURE CURTIS J. JOHNSON, Defendant. : ORDER ik‘ AND NOW, this °Y) day of tq1/4 , 2013, on consideration of the parties' STIPULATION AND JOINT PRAECIPE TO VACATE DEFAULT JUDGMENT, IT IS HEREBY ORDERED and DECREED that (i) the default judgment entered in favor of Plaintiff is VACATED without prejudice, and (ii) as Defendant's Petition to Strike Default Judgment is withdrawn, the matter is removed from the September 26, 2013 argument list. BY THE COURT. ■ J astr ution List: George A. Michak Esq. -a a P.O Box 62188 rn : Harrisburg, PA 17106 Attorney for Plaintiff Curtis Johnson (-41)1 CZ 73 ft- C-3 ra-4° ---- assia Fialkoff, PA ID 310530 < Shapiro& DeNardo. LLC 3600 Horizon Drive, Suite 150 King of Prussia, Pa 19046 Attorneys for Plaintiff //Nil ci AlOif (r)