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HomeMy WebLinkAbout10-3539SHAPIRO & DeNARDO, LLC ._, ?Y: 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. 10-037885 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE I PLAINTIFF VS. Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: Ip -3539 i v i 1 1 eX 1%\ DEFENDANT 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. Q 4qa-oo Po P--t,/ C* 34x7638 0 a4a78/ 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. 10-037885 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HEl Mortgage Pass-Through Certificate, Series 2007-HE l PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: VS. Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE 1 Mortgage Pass-Through Certificate,Series 2007-HE 1, the address of which is, 1661 Worthington Road; Suite 100, P.O. Box 24737, West Palm Beach, Florida 33415, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company. LLC MortgaL or(s): Colleen F. Viccaro (b) Date of Mortgage: July 31, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1960, Page 3429 Date: August 2, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company. LLC Assignee: LaSalle Bank National Association, as Trustee and Custodian for Morgan Stanley, MSAC 2007-HE1 Date of Assignment: November 29, 2007 Recording Date: December 5, 2007 Instrument No.: 200745266 Assignor: LaSalle Bank National Association, as Trustee and Custodian for Morgan Stanley, MSAC 2007-HE1 Assignee: Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HEl Mortgage Pass- Through Certificate Series 2007-HE1 The assignment is in the process of being formalized. 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 640 Bosler Avenue, Lemoyne, Pa 17043 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of the Defendant is: Colleen F. Viccaro, 640 Bosler Avenue, Lemoyne, PA 17043 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of May 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of May 16,2010: Principal Balance Due Interest Currently Due and Owing at 7.5% From April 1, 2009 to May 16, 2010 Late Charges Escrow Advances Property Inspection Suspense/Unapplied Balance Title Search Cost Attorney Fees & Costs of Foreclosure TOTAL $90,364.08 $7,632.27 $843.36 $1,231.44 $31.50 ($33.06) $250.00 $4,518.20 $104,837.79 8. Interest accrues at a per diem rate of $18.57 each day after May 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. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sew, ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "B" in accordance with Pa.R.C.P. 1019(i). 11. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. 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 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: A ltd BY: Attorneys for Plaintiff S & D File No. 10-037885 • Prgmrcd By: G/ Name: Address: Telephone: After Recording Retain To: Decision One Mortgage Company, LLC 3023 USBC way Fort Wrdl, Somh Carolina 29715 UPI Number. 12-224824-130 CJUJ :?? 2 fin 9 09 [Space Abovra 11da Lisa For Reeaariaj >)O41L.ow Number 2030060701160 MORTGAGE MIN: 100077910006701383 . DEFINITIONS Sections 3, Words used in mduple sections of this docmms s de words used m' this words we if F1 I are also ?Pmvided in 11, 13, 18, 20 and 21. Certain rules regarding the usage section 16. (A) "scousah instrraemt" mama this document, which is dated JULY 31, 2006, together with all Riders to this docomeat. 01) "gorrowee is COLT MN F VICCARO, A 800GLE WOMAN. Botrowaf is the mortgagor under this See %UW is OL' bloRgage Electronic Rep Inc. MERS is a separate corporation that is taxing (C) S" is ?doa Systesos, MBHS 4 theam%" sander tMs solely as a nominee for Leader and I melee's sooassort and wigos- MERS is organized and enistiag under the laws of Delaware, and bas an address and telephone number of P.O. Box 20¢6. Flint, MI 40501-20¢6, td. (888) 679-MFRS. (D) "Lm der" is Dedden One bbr*W CQ-FM, LLC. Leader is a LIMr= LL43MUTY COMPANY organized and existing under the laws of NORTH CAROI INA. LAudWs address it 3023 MC WAY, FORT MILL, SOUTH CAROLINA 2!715. (» "Not" mom the promissory now aped by Bonwm and dated JULY 31, 2006. The Note states that Borg owes Ieader NV=ff-ONB THOUSAND BIGHT gUNDRED AND W146ft Dollars (U.S.S91,000.00) plus interest. Bonvwer has promised to pay this debt in regular Periodic Payments and to the debt in full not later dun AUGtWr 1, 306. (F) ¦property" mans the property that is described below under the heading "Transfer of Rights in die Property.. and late chugs due (G) "Loan" manta the debt evidenced by the Note, plus interest, my prepayment chugs under the Now, and all sums due trader this Security instrument, Plus inrnest. zvavsrtvntaA-se+s>Ie l+mndr-F>o+i . ?FW= 38"? IM pap 14114 pffSer) I " eK 1960PG3429, & i'b ?" ?1 ,r (ED "Rides" mama all Riders to this Security Instrument that are executed by Borrower. The following Riders an to be executed by Boaower [check box as applicable]: ®Adjustable Rate Rider aCaodominium Ride ?Seoomd Home Rider pBalloon Rider 13Phmned Unit Development Rider DOther(s) O 1-4 Family Rider OBiweddy Payment Ride (q "AppYrabie me means all controlling gVUcmble hderB, [cite and local statutes, regulations, ordinances and administrative roles and orders (that have the effect of law) as well as oil applicable final, non-appealable judicial opinions. (J) "Coe smiusi ty Association Due, Fleas, and Assnso mb" means all dates, fees, assessment: and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (IQ "BJeclreask IFltode 'raster" means any ttansOF of funds, other than a transaction originated by cbecir, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magndic tape so as to order, imtrtux, or anhorixe a f na ncid iaatitudon to debit or credit an account. Such team includes, but is not limited to, point-of-sale transfers, automated tiller machine transactions, traoshn initiated by telephone, wire tru sfas, and automated clearinghouse trams&n. (L) "Eacsow hems" means those items that we described in Section 3. (Prim "Mbodlaaeos Proceeds" means any compensation, settlmeaL award of damages. or proceeds paid by any third Party (other than iostraance proceeds paid tender the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other tating of all or nay pact of the property; Cain conveyance in lieu of condemnation; or (iv) misrepresentations of, or orris ios s M to, the value and/or condition of do Property. (N) "Mortgage Iaswanne" means insurance protecting Leader against the noopsyment of, or default on, the Lam (O) "Periodic Payment" means the regularly scheduled amount doe for (i) Principal and imemst coder the Now, plus (ii) any amounts under Section 3 of this Security tostasment. (P) "RBSPA" mans the Real Halter Settlement Ptocodtua Aar (12 U.S.C. 92601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35M). as they might be amended fiem time to time, or nay additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA' refers to all requirements and restriction that are imposed m .egad to a 'federally related mortgage low' even if the Loan does not qualify as a "federally related mortgage loan- under RESPA. (W "Success a in interest of Bwawwee means any party that Las falcon tide to the Property, whether or not that party has assumed Borrower's obligations order the Note and/or this Security hustamnent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Mode: (i) the repayment of the Loan, and all remowals, a»asions and modifications of the Note; and (ii) the peformnoe of Bonowees covenants and agreements untie this Security Instrument and the Note. For this purpose, Borrower does bereby mortgage, grant and Caney to MEiltS (solely as nominee for Lender and Lender's mocemon and now) and to the atoomena and assigns of MERS the following described property located in the Canty of CUhM1MMLAND (Type of necordio; 7urbdkdoel [Name of Iteowdina lmisdictiou] SEE ATTACHED SCHEDULE "A" PZNNSYLVAl U-Singh Fanny-tide Mrltbdia Mac tx nMU IIP8Rt W4T Fora" 30.'19 1N1 die 2 of 14 pa;e) :fit f 960PG3430 which aurmdy has the address of 646 BOS &R AVENUE [street] LEMOYNE . Pennsylvania 1703 ('Property Address'): [ctrl [Zip Code] TOGETHER WITH ail the improvements now or hereafter exacted on the property, and all emu mu, appurtenances, sod fimures now or herafter a part of the property. All replacements and addition shall also be coveted by this Security Instrument. All of the tbsegoing is referred to lm this Seearlty hustrwaent as the Property.' Borrower understands mod agrees that MGRS bolds only legal title to the itrtrest granted by Borrower in this Security Instrument, but. if necOttarY to comply with law or custom, MGRS (at nominee for I,eoder and LanMi's successors and masigos) ho the right: to exercise any or all of Wore interest, i g, but not limbed to, die right to Ibr6cioss sad sell tba Pmpety; and so take say mcdoueegoired of Lender including. but = limited to, relasdng ad csooelistf this Security instrument. BORROWER COVBNAN73 due Borrower is laafblly seised of the estate hereby conveyed and bas die right to mortgage. grant and convey We Property and that the Property is mancombaed, except for enarrnbrences of record. Borower warrant sod will defend generally the rile to the Property against an claims and demands, subject to any mambrpoa of record. THIS SECURITY INSTRUMENT combines umform covenant for national use and non-uniform covenent with limited variations by jurisdiction to constitute a uniform security mstr>ment covering real Property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Pnyt4ent of Prlndpei, Ialerest, Zmcmw [setts, Psepaynees t Cbwvn, and Lek Clunges. Borrower shall pay when due the principal of, and iooetest on, the debt evidenced by the Note and my pnMmmt charges and late charges due under the Note. Borrower than alw pay funds for Escrow hems pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or ft Security Instresem is renamed to Louder urPiid, I eodar may require that nay or all sabsequ mt payments doe erodes the Note and this Security Instrument be made in orator mote of the following forma, ere selected by Lender. (a) cash: (b) money order, (e) certified check bank cbwk, treasurer's cheek or cashices check, provided any such check is drawn upon an iastitrrtiou whose deposit are moueed by a federal agency, instrumentality, or entsty-, or (d) Electronic Funds Transfer. payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice Provisions in Sectlm 15. l coder >esy return any payment or partial payment if the payment or partial payments arc imuufficient to bring the Loran current. I?endc may accept any payment or Pt's payment insufficient to bring the LAM Current, without waiver of any right hereunder or . prejudice to it right to refuse: such payment or partial payments in the future, but leader is not obligated to apply such payment at the time etch payments are accepted. If each Periodic Payment is applied as of it scheduled due date, then Lender need not pay interest on uoapptied funds. rOOMYLVAMA-SiaglcFamily-FMtoh MWM*td3s Mae LMn)RM 1NSllDlWW Fors 3039 1161 (page 3 of l4 pages) f(I 960PG343 t. Leader may hold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shalt either apply such finds or sew them to Borrower. If not applied earlier, such funds will be applied so the outstanding principal balance ender the Note imrnedia dy prior to foreclosure. No offset or claim which Borrower might have now or in rho future aga= Leader shag relieve Borrower from malting paymmb due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Appacatfon of Pays mb or Proceeds. Esxept as otherwise described in this Section 2, all payments accepted and applied by Irada shall be applied in the following order of priority: (a) interest due umda the Note: (b) principal due under the Note: (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security hsatrummt, and than to reduce the principal balance of the Note. If Trader receives a payment firm Borrower for a ddmgmw Periodic Payment which includes a sufficient amount to lay any late charge due. the payment may be applied to the ddinqueat payment and the late charge. if more than one Periodic Payment is outstanding, hounder may apply any payment received from Harrower to the repayment of the Periodic Payments if, and to tie elm that, each payment can be paid in full. To the extent that any cwt exists after the payment is applied to the fall payment of one or more Periodic Payments, such excess may be applied to say hate charges due. Voluntary prepayments shall be applied first to any prepayment charges and than n described in the Note. Any appliatim of payments. inanaooe proceeds, or Misodlum o n Proceeds to principal due under the Note shall not extend or postpone the due data. or change the amount , of the Periodic Payments. 3. Funds for Escrow ties. Borrower gaup pay to Leader on the day Periodic Payments are due under the Note, until the Note is paid in firth. a arm (the 'Enoch') to provide for p 3 : of amoiI . due for. (a) taxes and assessments and other items which can stain priority ova this Security imtsument M a lien or encumbrance on tba Property: (b) iasdroid patyassats or ground taut an the Property, if any: (c) pramI ft soy and all iaanaoce required by Iaadv Under Section S: and (d) Mortgage hrmtauce premiums, if any, or entry sums payable by Borrower 10 hounder in lids of the payment of Mortgage Insurance premiums in accordsaw with the provisions of Session 10. Time homer are called 'Escrow Items.' At origination at at any time during the seem of the Loan. Linder may require that Cos mmity Association Dues, Fees, and Asaousesu , if any. be escrowed by Bonemer, and such does. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower Khan pry Linda the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all EKIUW Items. Lender may waive Borrower's obligation to pay to Leader Pumds for any or an Escrow hems at any time. Any such waiver may only be in wrLieng. In the sweat of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any Escrow hum for which payment of Pan& has ben waived by Lender and, if Leader requires, shall furnish to I coder reoeipa evidencing such payment within each time period as Leader may require. Borrower's obligation to make etch payments and to provide to mpts shall for an purposes be deemed to be a e Ovenset and agnment contained in this Security hasrumeot, as the phrase 'covenant and agreement' is used in Section 9. If Borrows is obligsted to pay Bac ow hems directly, par mart to a waiver, and Borrower fails to pay the asnonu due for an Bacroww Item. Irada may emtesedse its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Larder any Ruch amount. Le odor may avulse the waiver as to any or an Escrow Items at my than by a notice given in accordance with Section 15 and, upon rich revocation, Borrower MW Pay to Leader all Fends, sad in such amounts. that are then inquired Umdet this Section 3. 1 under may, at sty time, called and hold Funds in an amount (a) suffacieat to permit Lender to apply the Fonds at the time specified under RESPA, and (b) not to exceed the anaxi®am amount a leader can require tender RESPA. Lender shall estimate the amount of Funds due ou the basis of a un data and rasom6W estimates of expenditures of hum Iiecrow Items or otherwise in accordance with Applicable Law. rAIIVStrl vAlIIA Sio?le Fame7y4kwdO MaWk*di Mee XMORM DWrRMUNT Perm M" 1/01 OMe 4 oJlsa-8u1 OKI96OP63432_ The Funds shall be held in an institution whoae deposits am insured by a federal agency. instrumentality, or entity (including Lender. if l?tmder is an iostiwtion shone deposits are so uwutsd) or in any Fedml Home Loan Bank. Lander shall apply the Funds to pay the Escrow hums no later than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually aaatiyzing the eacrtnw account, or verifying the Escrow, steams, unless Lender pay: Borrower interest on the Ponds and Applicable Law permits Leader to make such a charge. Unless an agteema I is made is writing or Applicable Law requires imerest to be paid on the ponds, Iaemder shad not be required to pay Borrower nary ba ran a earnings on the Funds. Borrower and Lender can agree in writing, however. that hand shall be paid on the Funds. Lender shall give to Borrower, without darge, an annual aocomading of the Punch as rewind by RESPA. If there is a surplus of Ponds held in escrow, as defined under RESPA, tender that! amount to Borrower for the excess Amds in accordance with RESPA. If there is a shortage of Fends bold in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to l ender the amount necessary to Mahe up the shortage in accordance with RESPA. but in no awe than 12 monthly payments. If there is a deficiency of Fords hold in escrow, as defined under RESPA. Lender dots notify Borrower as required by RESPA, and Borrower shall pay to Tender the amoumt necessary to ache rep the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in 1411 of all sums secured by this Security Instrument, leader stall promptly rethad to Borrower any Funds held by leader. 4. Charges; Lime. Borrower shall pay all taxes, assessments, charges, fines, and impositiona amrW.A ble to &a Property which can attain priority over this Security Imts mmt, leaseltold payments or ground rears on the Property. if any, and qty Association Dues. Fen, and Assessments, if any. To due eottent dirt these New are Escrow hums. Borrower shall pay them in Iha mmmer provided in Section 3. Borrower shall pmmpdy discharge any lien which has priority over this Security ho"umm[ unless Borrower: (a) agrees in waiting to the payment of Me obligation seared by the lien in a manner, acceptable to Leader. but only so long as Borrower is performing mch agreement (b) oantevts the Lim in good faith by, of de ftodS again[ eafOfCWMW of the lien in, legal proceedings which in Leader's opinion operate to prevtmt the enforcement of the lien while Wove proceedings are pending, but only until such proceedings an comchrded; or (c) secures from the holder of the lien an agreement saddisesory to Lender mbordisa tg the lien to this Security instrument. If I ender dearmiaa that any Pat of the Property is subject to a lien which can attain priority over this Sorority Instrument, leader may give Borrower a notice Wenutying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions aft forth above in this Section 4. l ender may require Borrower to Pay a OWtune charge for a real estate tax vertf=orm anwor repoftmg service used by Linder in oemoectiem with this Loan. S. Property lasu raner. Borrower sball keep the improvements now existing or hereafter erected on the Property maned sgsin t loss by fire. hazards inchaded within the term *extended coverage,' and try other hazards including, but not limited to. eanthqualms and noods, for which leader requires insurance. This insurance shall be mainuined in the amounts (including dedotule levels) and for the periods Wat Leader requires. What Lender requires pursuant to the preceding Smrmces can change during the term of the Loan. The msoraooe cattier providing the insurance shall be chosen by Borrower subject So leader's right to disapprove Borrower's choice, which right shall not be enaamised anemonably. I ender may require Borrower to pay. in connection with this lean, either: (a) a one-time charge for Road zone determination, omtifaeration and tracking services: or (b) a one-time charge for flood z m descrtamaaan and outi5attiaa services and subsequent charges each rime remeppings or similar changes ooaa which roasunably might affect Such determination or certification. Borrower shall also be msponnok for the payment of any fees imposed by the Federal Emergency Management Agency m connection with the review of any flood nine deNrminatm resulting form an objection by Borrower. rZNIMMVANIA-SID& Family-lame Nw/Jhadde MNC UNUKMM MgrKLW r Fors 3a39 IM Oe S of It pagta) SK 1960PG3433 If Borrower fails to maintain any of the and MS= described above. Lender may obtain insurance coverage, at Lender's option and Borrower's mpmw- Leader is under no obligation to purchase any Pwdcdw type or amount of coverage. Therefore, such Coverage Shall cover leader. but might or might not Inooxt Borrower, Borrower', eg ley in the property, or the contents of the property, against way risk. hazard or liability and might provide Valor or laser coverage than was previously in effect. Borrower acknowledges that the cat of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could ban obtained. Any amount, disbursed by I<ader under this Section. S ,hall become additional debt of Borrower secured by this Security Inaaonant• There amount, d" bear imaereat at the Now rata from the date of disbursement and shall be payable, with such interest, upon notice from Leaden' to Bomowar requestitng Payment- policies required by Leader and renewals of sawn policies shall be subject to Leader' All insurance s right to disapprove each pnlicies, Shall include a standard tttottgsge cause, and shall mama Lender as mortgagee and/or as an additional i. payee. Leader Shall have the right to hold the policies and renewal oatiSCates. If Lender requites. Borrower shall Promptly give to Leader as receipts of Arid premiums and renewal mtioes. If Borrower obtains any form of insurance coverage, not otherwise regoimd by Iender, for damage to, or destruction of, the property, such Policy ,ball mdude a standard mortgage dame and Shag name Leader as mortgagee amwor n an additional less payee. In the event of loss. Borrower 11111011 give prompt notice to the inwrsuoe carrier and I cedar. Leader may make proof of Im if not made promptly by Borrower. Unless Lender and Borowa otherwise agree in writing, any iosurium I)MCOWS• whether or not the underlying in11ntamoe was requited by Lender, .ball be applied to restoration or repair of the Property. if the regmratiou or repair is moooond ally feasible and I eader's security is not lessened. During sack repair and ra ondom period, Lander sh10U have the right to bold such insurance proceeds until Leader bas bad an opportmity m inspect amh Property to eastre ft wont has been completed to Lender's satkEwdM Pro' that each inspection. dM be mdatalmn. Promptly. Leader may disburse Proceeds for the re paaits and restoration in 10 siagk payment or in a saris of prowess payments as the work is cocmplesed• Unless an agrewnw t is made in writing or Applicable Law requires Inaerest to be paid on. ineerest or earnings on such arch insurance proceeds. Lander shall not be required to pay Botrowror my prooads. Pea for PMW adjusters, or other third parties, retained by Borrower 11ball not be paid oat of the insurance proceeds and shall be the solo obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security imt runic , whether of not then due, with the excess, if any, paid to Borrower. Such insurance proceeds .ball be applied in the order provided for in Section 2. if Borrower abandon., the property. Lender may Me- negotia D and settle any available imSmance calm and related matters. If Borrower does mot respond within 3o days to a notice from Lender claim. The that the period wince begin has offered to settle a claim, then. Leader may negotiate and settle the when the notice is gives. in either event, or if Leader acquires the properly nnder Section 22 or otherwise, Borrower hereby assigns to Leader (a) Bomowex's right, to any imurince proceeds in an amount mot to exceed the amounts unpaid nnder the Now or this Secuity Wittument. and (b) any other of Hoaovrees rights (other thin. the right to any tef ind of unearned premiums paid by Harrower) under all bwor m policies covering the property, imcfar as such rights are applicable to the coverage of the Property. Landesr may use the W-Moc" proceeds either to repair or rosmre the property or to pay amounts unpaid under the Note or this Security imrmemt, whether or not than due. 6. Occupancy. Borrower dAU occupy, establish, and use the Property as Borrower's principal residence within 60 days after the eanecusion of this Security Instrument and shall Contmot to occupy Are property as Bonowa'a principal residence for at leas one yaw after the dame of occupancy, unless Lender otherwise agrees in writing. wbich consent shall not be twasonably withheld, or unless emMuating circumstances exist which are beyond Borrower's control. poolSYLVAMA,Vnak Pamgy4ammk.NSa"nddie Mae tMORIM 1NSrllUMINr Form 36.19 MI "Se 6 qfIt pages) On"IMININ 8K.1960PG3434.? 7. Ptsavation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Wbether or not Borrower is residing in the Property, Borrower shall mainmin the Property in orda to prevent tie property 6rom deteriorating or decreasing in value due to its condition. Unless it is determined ptusutmt to Section S runt repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid farther deterioration or damage. If insurance or condemnation proceodt we paid in connection with damage to, or the tatting of, the Property. Borrower stall be responsible for repairing or reacting the property only if Lender has released proceeds for astir purposes. Treader may disbvrae proceeds for the repairs and restoration in a single payment or m a sales of progress payments as the work is complMd. If the inaurmoe or Condemnation proceeds are tot ahffiMM to repair or restore the Property, Borrows is not rdieved of Borrower's obligation for the completion of such repair or restoration. Lend- or its agent may matte reasonable entries upon and inspections of the Property. If it has reasonable cave, Tender may inspect the interior of the improvements an dw property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such rasonable came. . S. Borrower's Loan Application. Borrower shall be in dcftdt if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowwees imowiedge or consent gm materlally false. misleading. or inaccurate mfnamslion or statements to Lender (a failed to provide Irendet with material information) in connection with tie Low. Material rgwesem adom include, but are not limited to. representedoos concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection or Leader's beterest Ia the hap" and R%bft Under tiles Seeg ity Iratrsancat. If (a) Borrower rails to pafarm the covenams and agreements caootine I in this Security hutroment, (b) these is a legal proceeding that might significantly affect Leach's interest in the Property and/or rights under tiffs Security ban-= (such as a proceeding to banbWk,y, probate. for condemnation or b*ioum, for enforcement of a lien which may attain priority over tiffs Security or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Larder's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the property. Leader's actions an include, but are not limited to: (a) paying any sums wound by a lien which has priority over this Security Instrument; (b) qVe urmg in court; and (c) paying reasonable attorneys' Sees to protect its interest in the Property and/or rights under this Security bsteument, including its WMad position in a badmtptcy proceeding. Securing the property includes, but is rant limited to, entering the Property to matte repairs. change locks. replace or board up doors and windows, dram water fr+em pipes. diminate building or otba code violations or dangerous conditions, and have otilitiex turned on or off. Although Iendet may tale action under this Section 9, Linda does not bane to do so and is not under any dory or obligation to do go. It is speed that Lender incurs no liability for not taking my or all actions authorized unda this Section 9. Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower screamed by this Security Tosmument. These amounts shall bear interest at the Note rate from the date of diabaraemew and shall be payable, with such ime st, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to she Property, the leaadaold and the fee tits shall not merge unless Tender agrees to the merger in writing. PZNNMVANIA-4b & Family-F sties Modtheddb she UNNORM DWML s®Pr Form" Ual O%W 7 of 11 paver) ??N'MMNI 8t 1960PG3435 10. Mortgage hasu ance. If Leader required Mortgage Insurance as a condition of making the Loan, Borrower shall pay else premiums required to maintain the Mortgage Insurance in effect. If, for army reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately desigmted payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obhin coverage substantially equivalent to the Mortgage Insurance previously in effect, at a oast stbstaniaBy equivahmt to the cost to Borrower of the Mortgage Insurance previously is effect, from an alterme mortgage insurer selected by Imder. If substa stially equivalent Mortgage Insurance coverage is not available. Borrower shall raft oe to pay to I ender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will adapt, use sod retain there payments n a non-refundable log reserve is lieu of Mortgage Insurance. Such loss reserve shall be non-redmd", notwilhumding the fact that the Loan is ultimasdy paid in full, and Leader shall not be required to pay Borrower any interest or earnings on such Ioss reserve. I ender an no longer require loss reserve payments if Mortgage Insutaooo coverage (m the amount and for the period that Ieede, requires) provided by as imorer selected by Lender again becomes available, is obtained, and Leader nq dra separately designated payments toward the premima for Mortgage blwrance. if Yoder required Mortgage Insurance as a condition of makiag the Loan and Borrower was required to make separately designated payments onward the premium for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage bnuranoe an effect, or so provide a urn-refundable IM reserve, until L.mder'a requirement for Mortgage btsrtance ends in accordance with any writsea agreement between Borrower and Lender providing for such terminatios or until termination is required by Appliabk Law. Nothing an this Section 10 affects Bonowev's obligstioa to pay at 1, 1 at the rate provided in the Nose. Mortgage insurance reamhrusa Lender. (or sty entity that purchases the Note) for cortato loom it may hicur if Borrower don not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such ittsaa sce in flyer Ross, time to time, and may enter into agreements with other pubes du l share or modify their risk, or, -Ince Ima. These agreements are on toxma. and conditions that am sasisfattory to the mortgage minter and to other party (err parties) to there agreements. Thew agreements may require the mortgage Winter to make payments using goy source of Amds to the mortgage insurer may have ava fable (which may include fbods obtained from Mortgage Insurance premiums). As a result of there agreements. Leader, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing. may receive (directly or indirectly) amounts the derive from (or might be thaaeXaixed aa) a portion of Borrower'& payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage immu's risk, or reducing loam. If such agreement provides that on afmiate of Leader aglow a share of the insurer's risk in exchange for a shore of the premiums paid to the insurer, the araagemeat is oaten termed `captive reinsurance.' Panther: (a) Amy web agrensenb wW not affect the amoumb that So own last speed to pay for Mortgage Insurance, or may Wine tams of the Lwm. Serb egaeessts wM get haravaae the automat Bornmw wS owe for Mortgage Issaance, and they wS cot entitle Borsswer is any rdlss 1 (b) Any web agreestob wS not affect the sights Bosrower Yet - ff stag - wft suspect to the Mortgage la nursu see sander the Haaeowmas PnAecdm Act of IM or any Wier haw. TWn sights soy haelude the right to receive ce rtslm dbdkw rot, to request and obbbs aaaDdka of the Mortgage Insurance, to. have the Mortgage Lmrmce teraieated aoismad a ft, and/or to reodve a refand of any Mortgage lsaasce proal m diet were aearsed at the thae of such eaoodMi-m or tavmlsamtlos. 11. Assignment of Miaodlaoeooa Prec-der, Fertaltae. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. !!?[i6Y1 VMDA 8is?le Fundy-Fmir HnTh+d& Mme LWOORM IIiSMUMZ T Fuss 3839 1/01 OW 8 0f l4 page) im?nnl,l BK 1960P63436 If the property is damaged, such Miscellaoem Proceeds shall be applied to rcuorsrion or repair of the property, if the rawraaon or repair is economically feasible and Lender's security is not lessened. Daring such repair and restoration period, [.sealer shall have the right to hold such Miscellaneous Proceeds until I coder has had in opportunity to lospect such Property to ensure the wort has been completed to I --Ws satisfaction, provided that such inspection shall be undertaloen promptly. Lender may pay for the repairs and restoration in a single dkbawro m or in a series of progress payments a the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the reatocadon or repair is not economically fessible or LendcrIa security would be lessened, the Misoellia sous Proceeds shall be applied to the sums secured by this Security instrument. whether or not then due. with the atoms, if any, paid to Borrower. Such Wncellaoeous Prooeeds shall be applied in the order provided for in Section 2. In die event of a total taking. destruction, or loss in value of the Property. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the access. if any, paid to Borrower. In the event of a partial toting. destruction, or loss in value of the Property in which the fair market value of the property immediately before the partial taking, destruction, or loan in value is Opal to or gce - than the amount of the some secured by this Security instrument immediately hretoa, the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of ft sums aaoed immediately bdom the partial tdtiimg, destruction, or loss in value divided by (b) the fair tnarfmt value of the Property imusediatdy belbro the partial talomg, destruction, or loss in value. Amy bloom shall be paid to Bemower. in the event of a partial tdit. destruction, or loss in value of the Property is which the fair mallet value of the Property immediately before the partial talvog, deduction. or loss in value is loss than die amount of the slims secured immediately before the partial taking, destruction. or loss in value, unless Borrower slid Lender otherwise agree in writing, me Miscellaneous Proceeds shall be applied to the sums second by this Security Instrument whether or not the sums are then doe. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next seneeace) otfen to make an sward to settle a claim for damages. Borrower fails to respond to Leader within 30 days steer the date the notice is given. I sender is authorized to collect and apply the miscellaneous Proceeds either to restoration or repair of the Property or to the some secured by this Security Instrument. whether or not then doe. 'Opposing Party" Doran, the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in del grit if any action or pro ending, whether civil or criminal, is begun thar, in Lender's judgment, could result in forkit re of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument. Bomower can cum such a default and, if acceleration has occurred, roimstate as provided in Section 19. by causing the acdeu or proceeding to be dismissed wide a ruling that, in Lender's judgment. precludes fortabore of the Property or other material impairment of Leader's lowest in the Property or rights uathis Soon* Instrument. The proceeds of wry award or claim for damages that are amibutable to the impairment of Lender's interest in the Property we hereby assigned and shall be paid to Leader. All Miscellaneous proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. MaOnVANIA 9mk Fn*y-Fads MnMted& INK UNUVRM VNrXLMOM Farm 307! 1101 QW09 of l4 pagta) I MIM E1.0,11 BK.1.960PG3437 12. Bon oww Not Rdesud; Forbearsusx By I.mdLr Not a Waiver. Extension of the time for payment or modification of amonim9on of the sums secured by this Security Instrument grassed by Lender w Borrower or any Successor in Interest of Borrower shall not operate to ;dense the liability of Borrower of any Successor$ in Interest of Borrower. Lender shall not be mpsired to commem proceedings against any Successor in liming of Borrower or to refuse to extend time for payment or otherwise modify amortbatien of the soma secured by this Security Instrument by reason of any dansod made by the original Borrower - any .Suceptnra in merest of Borrower . Any fafbearsom by Leader to exercising any right or remedy mcludmg, without limitation, Leader's acceptance of payments from third persons, entities or Successors in hroaest of Borrower or in smamts leas than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jaw and Several Lbbeity; Co•sigsers, Successors sad Awk- Boom& Borrower coveaaots and agrees that Borrower's obligations and liability shall be joint and several. However, nay Borrower who co-signs this Security Instrument but does not exacm the Note (a'oo-dimr'): (a) is CO-sipting this Security instrument only to mortgage, grant and convey the co-signer's interest in the Ptopetty render no terms of this Security Instrtmmt; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agtea that Larder and any other Borrower tam epee to extend. modify, forbear or make any socommodabons with regard to the terms of this Security instrument or the Norte without the co-signer's oonsta[ Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower's obligations under this Searity Insaume w is wrhiog, and is approved by I ender. shall obtain all of Borrower's no" and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Saawity Instrument unless Lender agrees to such release in writing. The coveaams and agreements of this Security Instrument shall bind (except as ptgvkbd in Section 20) and benefit the suoxssors and maps of Lender. 14. Loon CkssBes. La der may charge Borrower fees for services pssformed in connection with Borrower's deGnlt, for the purpose of protecting Lender's istersst in the property and fights under this Security Instn®eat, including, but not limited to, attorneys' feet, property inspection and valuation fees. In regard to any other fees. the nuance of express authority in this Security bobumeot to charge a specific fee to Borrower shall not be construed as a probibition on the charging of sock fee. Loader may not charge fees that we expressly prohibited by this Searity Instrument or by Applicable Law. If the Loan is subject to a law which aft maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected is ee®ealon with the Lam exceed the permitted limits, than: (a) any such loon charge shall be reduced by the amount necessary to reduce die charge to the permitted land; and (b) any sums already collected fry Borrower which emended permitted limas will be rdii xied to Borrower. Lender may choose to maim this refired by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refcad reduces principal, the induction will be trusted as a partial prepayment without any prepoment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of A" right of scam Borrower might have arising out of $ch overcharge. 13. Notion;. Ali notion given by Borrower at Fender is connection with ibis Security Instrumes mast be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Harrower when mailed by fiat class snarl or wben actually delivered to Borrower's erotica address if seat by other means. Notice to any one Borrower shall constione section to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the property Address unless Borrower has designated a substitute notice address by notice to I alder. Borrower shall promptly notify Leader of Borrower's rump of address. If Lender specifies a procedure for repotting Borrower's ethmge of address, then Borrower shall only report a change of eeddieae through that specified procedure. TLeee may be only one T YLVaMA Single Pwik 4NPON 1rsMlkedie she UNnK RM DdnVA W f Form 30M 1101 (page 10 of l1 pages) OKI96OPG3438' designated notice address under this Security Instrument at any one time. Any notice to Trader shall be given by delivering it or by mailing it by first class mail to Laider'a addmu stated herein neteas Leader has designsted another address by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been siv= to Leader until acxnally received by Leader. If am notice required by this Security iustrommt is also requited coder Applicable Law, the Applicable Law requirement win sanely the cot. Vooding requirement under this Seauity Instrument. 16. Governing Law; Uve ah0iq, Beier of Gomtractlsa. This Security Instrument shall be governed by federal law and the law of the jurisdiction is which the Property is located. All rights and obligations contained in this Security Imtrunnant are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly snow the parties to agree by contract or it might be silent, but mmh sileaa shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or tine Now conflicts with Applicable Law. such eomW shall net affect other provisions of this Security hu mums or the Note which an be given effect without the conflicting provision. As used is this Secuety Instnnnent: (a) words of the masculme gander than mean and include core goading neuter words or wards of the hmmme gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the wood 'may' gives ode dieaetion without nay obligation to take soy action. 17. Borrowees Gpy. Borrower shah be given one copy of the Note no of this Security InstrumeaL 18. Truster of the Property or a Beaded Inkne In Base-- As used in this Section 18, 'Interest in the Property' meets any total or beneficial itutetest in the Property, including, but not limited to, those beneficial interests tnmferred in a bond for deed. amtract for deed, iostaUnreot auks contract or escrow agreement, the intone of which is the, Aer of tide by Borrower at a future date to a pmt hater. if an or my pat of the Property or any Interest in the Property is sold or , Iare I (or if Borrower is scot a natural person and a beneficial 1c0 tetea1 in Borrower is odd or aanderred) without Lender's prior written consent. Lender may imp= immediate payment in (W of all alms secured by this Security Idaument. However, this option shall not be exarised by Leader if such exorcise is prohibited by Applicable Law. if Ieader exercises this option. Lender shall give Borrower notice of acceleration. The notice shan provide a period of not less then 30 days from the date the aotiee is gin= in accordance with Section IS within which Borrower mud pay all tams secured by this Security hounionc U Borrower fails to pay these am prior to the expiration of this period. Leader may involte may remedies permitted by this Security Instrtnnmt without further notice or demand on Borrower. 19. Bonwmes RI& to iteinstaee Afkr Aeodaatim If Borrower meets certain condirmts, Borrower shall have the right to have oofmcometu of this Security Imtrumat discontinued at my tim prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable law might specify for the tenoitudou of Borrower's tight to minsate; or (c) entry of a judgment enforcing this Security Instrum an. Those conditions ate that Borrower: (a) pain Lender an aims which then would be due under this Security Imrrueum and the Now as if so &code == had occurred; (b) ctres any dcfmh of miry other covanma or agreements; (c) pays all expenses intoned in enforcing this Security Instrument. incrding, but not limited to. rasomble attorneys' fees. property inspection and valuation fees, and other Seca incurred for the purpose of protecting Fender's interest in the Property and rights under this Security Instrument; and (d) talaa such action as Lender may reasonably requite to assume that Leader's interest in the Property and rights under this Security instrument, and Basmwees obligation to pay the sums secured by this Security [mtrunmet, shall con ium a dimmed Leader may require that Borrower pay such reinstsh went sums and expenses in, am or more of the following forms, a selected by header (a) ash; (b) money order; (c) certified check, bank check, treasurer's check or ashices check, provided any arch check is drawn upon an iostittbon whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Ponds Transfer. Upon reinstatement by Borrower, this Security Imtnument and obligations seared hereby shall remain fully effective as if no acceleration had cacwmw. However, this right to reinstate shall not apply in the came of aaxletation under Section.18. IPaI nNSYLVAMA,-ShOo Family-Fmmb M n/Fto cab arse UN FORM IMML =a Fee= 3039 iNl (rouge ll ojl4 pager) MMOMMIN EK 1960PG3439 20. Sale of Note; Maier of Lau Servioer; Notion of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more timer without prior notice to Borrower. A sale might result in a change in the entity (!mown as the "Low Servicer') that eoliam Periodic payments due under the Note and this Severity instrument and pedurma other mortgage loan aervxmt obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or mono cbngp of the Loan Servioer unrelated to a sale of the Note. If there is a change of the Loan Servioer, Borrower will be given written notice of the change which will sane the tame and address of the new Loan Setvixr, the address to which payments should be made and any other information RBSPA requites in co meaion with a notice of transfer of servicing. If the Note is sold and the P A 1 rho Loan is serviced by a Loan Savior other than the purchaser of the Note, the mortgage low servicing obligations to Borrower will remain with d?e Loan Servicer or be transferred to a successor LAM Servicer and we not assumed by the Note purchaser unless otherwise purdmer. provided by die Now Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actiaos pursuant to thin security Instrument or that alleges that the other party has breached my provision of, or any duty owed by reason of, this Security Inatiument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to tale corrective action. If Applicable Live provides a time period which most elapse before cuts= acdon an be tilmn, that toxic period will be deemed to be tessonsble for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the nodoe and opportunity to talon corrective action provisions of this Section 20. 21. Hasardow Sa6rtaos As used in this Secdoo 21: (a),"Htzardoea Sdm&men' are there substances defined as tide or hanrdow subataocs, pollutants, or wafts by Bnvi oommpl Law and the following substances: gasolae, Iarosene, other fismmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, mounds ctmtainitsg asbestos or fotmald ft&. and radioactive material:: (b) "Environmental Law• means federal laws and laws of the Jurisdiction where the Property is located that relate, to health, satiety or eavknocammi protection: (c) 'Havizoomental Claoup' indrds any response action, remedial action, or removal actioo. as defined in Environmental Law; and (d) an "Environmental Condition' masns a condition that can cause, contribute to, or otherwise trigger an Paviromnaatal Clam hp. Borrower shall not cane or permit the praemce, use, disposal. storage, or release of any Hazardous Substances, or threaten to release any Hazardous Subeanoss, on or in the Property. Borrower shall not do, urn show anyone else to do, anything.affading the Property (a) that is in violation of any Environmental Law. (b) which neaten an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substma, crate a condition That adversely affects the value of the Property. The preceding two aenteaoes shall not apply to the presence, use, or storage on the Property of small quart ides of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shah promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Wvoh'in8 the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Enviroamental C o n d i t i o n , including but n o t limited to, any spilling. laddag, discharse, release or threat of release of any Hazardous Substance, and (c) any condition caused by the preaeoo, ,use: or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower lams, or is notified by any govemmemal or regulatory authority. or any private parry, that any removal or other re mediation of any Hazardous Substance affecting the Property is necessary. Borrower shill promptly tale all necessary remedial actions in accordance with Environmental Law. Nothing herein shall crate any obligation on Leader for an Environmental Clegoup. n 6YLYAMA-StnaM FamnY-lemmb ritmMsdie Mee UNRmMM MSIntMOPT Form 30" 1N1 Qaaae 12 of l4 /ware ) I MM,IN OK'I960PG344(r. NON-UNIFORM COVENANTS. Borrower and leader farther covenant and agree as follows: 22. Aoodamdw Remedies. Under sbd give nodee to Borrower prior to so claim its fogowlog Borrower's braes of ay covenant or agreemast In this Setwwy Iwsimmt (hot not prior to scaderatim wader Section 13 rmlem Appga6k Law ro. odwrwise). larder shag soft Barroww of. soon other thugs: (a) the ddawlt; (b) the acdm eegohed to are tic default; (c) wren the dermit mart be cared; and (d) that faNm a to sae den ddaalt m specified may eesult In anode ndleat of the soar secured by tbk Sexuerfly hobMmeat, boredom- by 1 udkia1 prwomdtng and ole of the PkWasly. larder al" flniber inform Bonvwer of the right to reiastale alter aooderadoa and the right to amen In the fondosum pviceedlwg the nos-dstmae of a ddadt or my other ddeme of Borrower to necdautka and foreclosure. H the defank is not cared as specified, Larder at its opdm my sequise bomedb% psgseat In tall of all sans wareid by this Seem* luohmmeot without fortifier demand and may lirreciooe flrts Secwfy Imsbmwent by jodiclai penoeedlwg. I.m kr sral be estitkd to eoled an egaasms huea•rad b passdog the rasneafes provided In thM Seelka 22. Indwdlwg, bent sot Hotted to, atlmweys' fee and costs of tpk evldeuoe to So waW permitted by App*" Law. 23. Mare. Upon payment of all sums secured by this Security Instrument, this Security Instrwme w and the am conveyed shall terminate and become void. Alter such oceurence, lewder shall discbKW and satisfy this Security hntrument. Bortower shalt pay any recordation coots. leader may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third patty for services rendered and the charging of the be is permitted coder Applicable Law. 24. Walvas. Bortoara, to the extent permitted by Applicable Law, waives and rdemes nay enw or defects in proceedings to ,farce this Security Insuwmeo[. and hereby waives the beweM of my presem or future lava providing for stay of vwcaaion, easmsion of tiara, e:tempbon from attachment, levy and sale, and homestead exertion. 25. Reinstasemmt Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's ale or other ark pursuant to this Security Instrument. IL. Parellase Moray Mortgage. If any of the debt seared by this Security Instrument is lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Jwdgmmt. Borrower agrees that the u terar raft payable after a judgment is emets I on the Note or in an action of mortgage foreclosure shall be the rate: payable from time to time tinder the Note. t vsrr vntas siewta Fadr Tote ss..rlh.ar. M.e [neeoxar aerrsti)ssorr Fore 3039 Uwl OwSe l3 of l4paaerl BK 1960PG3441, BY SMINO BELOW, Borrower accepts am agrees to the terms and covcums contained m this Smcarity Insnumait and in any Rider awmmd by Borrower and recorded with it. Witnesxs: ? . (se4 COLI.BLrN F. VICCAR0 -sw"mw (Seal) -Bal- (Seal) (Best) ?ono.v -sonde STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 34 L * day of . 7661a, before mm, the tmdasi;aed of{ym, pasonagy appeen d COLLEEN F VWCARO, A LS WOMAN, known to me (or atisfaCWdy proves) to be the pasoo(s) wham name(s) u/sre sabecribed to the within inu?ra, and ackmowledpd that heldw) wy exa ned tbm same for the pmposms therein comaismd. witness whereof, I he ecaW set my hand and (Seal) COMMONWWALTH OFr+wwavtvMan Title of Officer NOTARIAL SEAL My Commission mpita: GSt_ REBECCA A. SAGOT. Nepry PohNc Camp HN Born.. CWrbsAsrd Typed or primed name: Conrsissios 20. CERTIFf ?j µ ! k do beaeby certify that the correct address of the lender is 3W MC WAY, FORT lliIIl. SOk7IH CAROLWA 2WIS, winks my hand day of 6 D - An &C-PL. Agent of Pf 6x1.vANU.s+aak l%mdb,nrab al mono. Mw MWOM 1146Mtnb>NT F«m 30" fret Q mW 14 of t4 packs) Imme 8N 1960P63442 First American Title Insurance Company Commitment Number. 08424 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwesith of Pennsylvania, more Parflcuiary bounded and described In accordance with a survey of R. J. Walker dated September 4, 1970, as follows, to wit: BEGINNING at a point on the southerly line of Boater Avenue, which point is 20 feet east of the southeasterly comer of Seventh Street and Basler Avenue; thence along the Southerly line of Bosler Avenue North 58 degree 00 minutes East, twenty (20) feet to a point; thence South 32 depress 00 minutes East, one hundred fifty (!50) feet to a point on die northerly line of Apple Alley ;Vienna along the same South 58 degrees 00 minutes West, twenty (20) feet to a point, thence North 32 degrees 00 minutes West. and ttwough the center of a parittion wall one hundred filly (150) feet to a poK the place of BEGINNING. BEING promises known as 840 Basler Avenue, Lemoyne, Pennsylvania BEING part of the same premises which Daniel T. PLVIoneri, a single person, by deed dated December 2, 2004, and reoorded December 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 288, Page 3110, granted and conveyed unto Angelis K. Campbell, Grantor herein. BEING part of the same prembes which Daniel T. PWcionert and Barbare R. Piacioneri, his wife, by deed dated Apr# 25, 2001 and recorded May 4, 2001 In the Me of the Recorder of Doeda in and for Cumberland County in Deed Book 244, Page 52, granted and conveyed unto Daniel T. Pleclonert, the Grantor herein. ALTA Commlhnwd Schedule C (06424/)642425) OK 1960PG3443 Loan Number 2030060701160 ADJUSTABLE RATE RIDER aMM Index[ - Rate Cups) THIS ADJUSTABLE RATE RIDER is made this 31ST day of JULY, 2006, and is incorporated 'moo and shall be deemed to amend and supplement the Mortgage. Deed of Trost, or Deed to Segue Debt (the 'Security Instrument') of the sme date given by the undersigned (the "Borrower") to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY, LLC (the •1 ender') of the same date and covering the property described is the Security Instrument and located at: 610 DOS= AVENUE. LEMOYNE. PENNSYLVANIA 17043 lVoperty Address] THE NOTE CONTAINS PROVMONS ALLOWING FOR CHANGER IN THE INTUMff RATE AND THE MONTHLY PAYMENT. THE NOTE 1,84ITS THE AMOUNT THE BORROWER'S INTMEST RATE CAN CHANGE AT ANY ONE TIME AND THE MA7In1RW RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Inuument, Borrower trod Lander fluter covenant and agree as follows: A. 1NrERESr RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial inmest rase of 8.846. The Now provides for changes is the interest rue and the monthly payments. as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cbmp Dab The interest race 1 will pay may change on the 1ST day of AUGUST, 2008, and on that day every sift month thereafter. Each dace on which my intmert rate could change is called a 'CLaoge Date.' (B) The Ludes Beginning with the first Change Data, my interest rate will be based an an Index. The 'Index' is the average of Interbank offered rates for six-mooch U.S. dollar-0wominsted deposits in the London marlmt ('LIBOR'), as published in The Wall Saw Journal. The most recent Index figure available as of the fist business day of the mouth immediately preceding the month in which the Change Date ocean n called the 'Current Index.' If the Index is no loaga available, the Nose Holder will choose a new index that is band upon comparable information. The Note Holder will give we notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding EIGHT peroeatage p011112 (11%) U) the Current Index The Nose Holder will then round the result of this addition to the nearest one-eighth of ate percentage point (0.125%). Subject to the limits stated in Section 40 below, this rounded amount will be my am interest rase 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 ax the Change Dace in hill on &a 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. MULTWATZ AURWAQS RAN! Red CKMOR bAar),4k& rtmEy-pwaae ras eamvpa aanraanr 11- ono ear tease l ofj p WW {1 1 MM¦. IM, ¦1¦ But 196OPG3444 (D) Until* on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greata than 12.94% or less than 9.84%. 7bereafter, my interest rate will never be increased or decreased on any single Change Date by molt than ONE percentage point (1%) from the ran of interest I have been paying for the preceding six mouths. My interest rase will aver be greats than 15.84% or less than 9.84%. (K) $ffedlve Dale of Changes My new interest rate will become effective on esch Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment due after the Change Date until the :moment of my monthly payment changes again- (F) Matke of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest ran 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 ha" regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL MEREST IN BORROWER Uniform Coveamt 18 of the Security Instrument is amended to road as follows: Transfer of the Properly or a Bead dal hskreat in Borrower. As used in this section 18. 'hoe" in the Property' mesas any legal or bendicial interest in the Property. inclurding, 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 traasf- of title by Borrower at a Men date to a purchaser. If all or my part of the Property or any inteest in the Propety is sold or ttaasfesred (or if a Borrower is not a natural pesos and a bms&M 'sterner in Borrower is sold or tr ankned) without Leader's prior written comsat, Leader may require immediate payment in full of all sum amend by this Security Instrument. However, this option shall senor be exemised by I ender if such exercise is prohibited by Applicable Law. Leader she shall not exercise this option if: (a) Borrower cases to be submitted to I ender information required by Lender to evaluate the intended tr>mskree a if a new lose were being made to the transfaft• and (b) header reasonably determines that Lender's security will not be impund by the ban assumption and that the risk of a breach of any covenant or agmemeot to this Security Instrument is acceptable to Lender. To the Went pesmitted by Applicable Law. Leader may charge a reasonable fee as a condition to Leader's oomaat to the loan assumption. Under may also requite the ttawkne to sign an aawhgtiM agreement that is accept" to I.eoder and that obligates the useaftft to beep all the ptomiaa and agreements made in the Note and in this Security Imo, Borrower will continue to be obligated under the Note and this Security Ins- m unless Lender releases Borrower in writing. If Leader exercises the option to require unmediue payment in 11tH, 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, Leader may invoke say remedies permitted by this Searity Instumeat without further notice or demand on Borrower. UMTWA'R APItBTAKS KATZ=MOM=ysl-si"4 14800ra,."b r.i HMO= RaTUMM w..mv to (p"2dis.VW IMMENIMMMIN BK 1 960PG3445 BY SIGNING BELOW, Borrower aocepts and agrees to the derma and oovenmts contained in this Adjustable Rate Rider. L/-?? 1 ? (Sal) COLUMN F. VICCARO Bamw a (Sal) .Borrower (W -Borrower I Certi iy , In Cumberland Cou'"y 1 naaarrrwa ?aut?erwers awes amee Irma sare?aeep. s?y?n.r, rw a.r"Owr ..-m. w OW a u.9raw X 1960PG3446 Ocwen Loan Servicing, LLC P.O. Box 24737 i ................. . O' West Palm Beach, Florida 3 O C W E N (Do not send correspondence April 03, 2010 3416-4737 or payments to the above address.) W WW.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515132668448 Reference Code: 1004 Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043-0000 Loan Number: 71039655 Property Address: 640 Bosler Avenue, Lemoyne, PA 17043-0000 PLEASE SEE THE ENCLOSED DOCUMENT 0 LO.-I., 0 / I ( 104,6't VW111000001 DACr91.16 This communication is from a debt collector attem ting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt ?• ,,,d,, ?? t ,. ??. ? ? Ocwen Loan Servicing, LLC 0 April 03, 2010 P.O. B O C W E N ox 24737 - West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) WWW.OCWLN.COM APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 THIRTY (30) 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 (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869 , This Notice contains important legal information If you have any questions representatives at the Consumer Credit. Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Colleen F. Viccaro PROPERTY ADDRESS: 640 Bosler Avenue Lemoyne, PA 17043-0000 LOAN ACCT. NO.: 71039655 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt - _. West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM OOcwen Loan Servicing, LLC P.O. Box 24737 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS URE --Under the Act, you are entitled to a temporaa stay of foreclosure o n. your mortgage for thirty (30) days from the date of this Notice. During t hat time you must arrange an d attend a "fac e- to-face" meeting with one of the consum er credit counseling- agencies li sted at the end of this Notice. THIS MEETIN G MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENC Y MORTGAG E ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP T O DATE. THE PART OF THIS NOTIC E CALLED"HOW TO CURE YOUR M ORTGAGE DEFAULT". EXPL AINS HOW TO BRING YOU R MORTGAG E P TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION 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). DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt - W .. E .__ N : West Palm Beach, Florida 33416-4737 O C (Do not send correspondence or payments to the above address.) WWW.OCWEN.COM 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: 640 Bosler Avenue, Lemoyne, PA 17043-0000 IS SERIOUSLY IN DEFAULT because: fl Ocwen Loan Servicing, LLC P.O. Box 24737 o YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12 payments in the amount of $ 788.98 from May 01, 2009 through April 03, 2010 DETAIL SUMMARY : Principal and Interest ................................. $ 7,784.76 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 1,683.00 Late Charges ........................................... $ 356.76 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 2,796.72 Suspense Balance (CREDIT) ........................ $ 33.06 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 12,588.18 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 $12,588.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check Certified Check or Money Order made. payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 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' fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs le You may do so by paying the total amount then. past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs le 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. DACr91 16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ociven Loan Servicing, LLC P.O. Box 24737 O O W E N West Palm Beach, Florida 33416-4737 - ' (Do not send correspondence or payments to the above address.) 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 servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 877-596-8580 Fax Number: 407-737-5693 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X. 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 (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.16 WWW.OCW.EN.C1):M / his communication is from a debt collector attempting to collect a debt; any information obtained will be usedfor that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt 1 • t VERIFICATION Christopher A. DeNardo 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 foregoing 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 penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire Dated: 1t1 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~'-~"~ ~ ~~ ;, Sheriff ~~~a»t~ of ~~u~~6Fr~~~~ Jody S Smith ~> >: ~ r ~ `.~ Chief Deputy ~; `.~ , ;~ ZQ ~ ~ ~ ~ t'~~ ` ~ kf'~ ~ ~ ~ Richard W Stewart C:."~' ,.,? ~_^, ~ .~.u`~ iY „FFiCE aaF ,'+ c~E SOIIClfOI' E RIFF C f:=~ , ~G~ ~',~Vr ti:,~'i Deutsche Bank National Trust Company vs. Case Number Colleen F. Viccaro 2010-3539 SHERIFF'S RETURN OF SERVICE 06/07/2010 04:11 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 1605 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Colleen F. Viccaro, by making known unto herself personally, at 640 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. t MICHELLE GUTSHALL, TY 06/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 640 Bosler Avenue, Lemoyne, PA 17043, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 640 Bosler Avenue, Lemoyne, PA 17043 is only occupied by Colleen F. Viccaro. SHERIFF COST: $63.40 June 08, 2010 SO ANSWERS, "'_ RON R ANDERSON, SHERIFF !q ~-ount{Suite Sher!ff. teieosutt. pic. 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. 10-037885 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT 20i0J~ti i3 ~irli~ ~1 C~'l~~ .~~~ ~ Y COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: Christopher A. DeN do, squire Attorneys for Plainti f Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE1 v. Colleen F. Viccaro VERIFICATION The undersigned is Authorized Signer of Ocwen Loan Servicing, LLC on behalf of Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE1 and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007- HE1 Mortgage Pass-Through Certificate,Series 2007-HE1 ~~~ Name: Johnna Miller Title: Authorized Signer 10-037885 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, E QUIRE ATTORNEY I.D. NO: P Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278- 800 S & D FILE NO. 10-037 85 Deutsche Bank National Trustee for the Registers Stanley ABS Capital I II Mortgage Pass-Through 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Enter Judgment against the Defendant, Foreclosure within 20 Trust Company, As d Holder Of Morgan 1C. Trust 2007-HEl Certificate,Series f=ib.,. _ ° `~ ~.V ~ iii .~=~.~t ,,,~ Tt r F ... .",T~^V 210 J4~ I Ef I/'I'~ I?~ ~o e~,jrv~~ _ - Nil'' ~, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-3539 FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES REM in the amount of $105,507.91 in favor of the Plaintiff and failure to file an answer to Plaintiffs Complaint in Mortgage from service thereof and assess Plaintiffs damages as follows and calculated as stated in th~ Complaint: Principal of Mo Interest at 7.5% 2010(465 days ~ Late Charges Escrow Advanc Appraisal Fees Property Inspec Title Search Fee. Attorney Fees & TOTAL AND NOW, jud; damages are assessed as 10-037885 r;,r~ 3y9sG1 ;age Debt Due and Unpaid $90,364.08 ~m April 1, 2009 to July 9, $8,635.05 $18.57 per diem) $389.20 $1,231.44 $111.00 n $42.00 ed Balance ($33.06) $250.00 of Foreclosure $4,518.20 $105,507.91 BY: Leslie J. Rase, Esquire Attorney for Plaintiff is entered in favor of the Plaintiff and against the Defendant and in the sum of $105,507.91. ^ _ i f i ~C'~,~ .~ i43~ Pro. Prothy. /~~ i SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeN O, MICHAEL CLARK, ESQ., ATT Rl~ 3600 HORIZON DRIVE, SUIT 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037885 ESQUIRE, ATTORNEY I.D. N0.78447 EY I.D. N0.202929 Deutsche Bank National Trust Trustee for the Registered Holi Stanley ABS Capital I INC. Tr Mortgage Pass-Through Certif 2007-HE1 PLAINTIFF VS Colleen F. Viccaro 640 Bosley Avenue Lemoyne, PA 17043 DEFENDANT STATE OF: FLORIDA COUNTY OF: PALM BEACH THE UNDERSIGNED competent to make this affidav. maintained either as Plaintiff o: known address is as set forth ir. States of America or its Allies mpany, As Of Morgan 2007-HE 1 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: AFFIDAVIT OF NON-MILITARY SERVICE >eing duly sworn, states that he/she is over the age of eighteen years and t and the following averments are based upon investigations made and records servicing agent of the Plaintiff and that the above-captioned Defendant's last the caption and they are not in the Military or Naval Service of the United s defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Ocwen Loan Servicing, LLC o behalf of Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan tanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate.Series~68~HE 1 By: NAME: JOHNNA M TITLE: AUTHORIZI Sworn to and subscribed befo; )SIGN me this ~Q day of Public 10-037885 NOTARY PII$I,rC~S t!E ki•4RII}~ °.,.",,, I,~~ran Gold ,, Commission +~ A~912607 "".•,.,,,,.,~ Explies: JttLX 30, 2013 BONDID THRO A1T.ANTIC 80NDIIQG CQ., INC. SHAPIRO & DeNARDO~, LLC BY: CHRISTOPHER A. eNARDO, ESQUIRE ATTORNEY I.D. NO: P 3600 HORIZON DRIVE KING OF PRUSSIA, PA TELEPHONE: (610)278 S 8e D FILE NO. 10-037 Deutsche Bank Nation Trustee for the RegistE Stanley ABS Capital I Mortgage Pass-Throu€ 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Bar # 78447 SUITE 150 19406 85 Trust Company, As .d Holder Of Morgan 1C. Trust 2007-HE1 Certificate,Series CE OF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Colleen F. Viccaro DATE OF NOTICE: Jw You are in default and file in writing with the you act within ten { 10) day, hearing and you may lose y once. If you do not have a where you can get legal hel 29, 2010 ecause you have failed to enter a written appearance personally or by attorney ourt your defenses or objections to the claims set forth against you. Unless from the date of this notice, a Judgment may be entered against you without a cur property or other important rights. You should take this notice to a lawyer at Dwyer or cannot afford one, go to or telephone the following office to find out Cumberland-County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE F THAT THIS LAW FIRP COLLECT A DEBT. A IIt DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en est do de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) digs de la feeha de esta notification, el tribuna p dra, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia e su contra. Usted puede perder bienes y otros derechos importarites. Debe lievar esta notifica 'on a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente pa a taI servicio, vaya en persona o llame por telefono a la oficina cuya direction se encuentra es vita abajo Para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE ADVISED THAT THI ATTEMPTING TO C USED FOR THAT PI: AIR DEBT COLLECTION PRACTICES ACT YOU ARE LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR iLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE RULE 237.1 NOTICE S Colleen F. Viccaro, 640 Avenue, Lemoyne, PA 17043 Christo er A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDOI LLC BY: CHRISTOPHER A. eNARDO, ESQUIRE ATTORNEY I.D. NO: P Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 800 S & D FILE NO. 10-037 85 Deutsche Bank Nation Trustee for the Registf Stanley ABS Capital I Mortgage Pass-Throw 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT TIFIi The undersigned the Entry of Default Jud record, if any, after the c Praecipe. Said Notice ~ June 29, 2010 to the foll Colleen F. Viccaro, 640 Trust Company, As d Holder Of Morgan JC. Trust 2007-HE1 Certificate,Series COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 reby certifies that a Written Notice of Intention to File a Praecipe for ent was mailed to the defendant (s) and to his, her, their attorney of cult occurred and at least (10) days prior to the date of the filing of the sent on the date set forth in the copy of said Notice attached hereto, ina Defendants: Avenue, Lemoyne, PA 17043 Sheena C. ,Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro &DeNardo, LLC SHAPIRO & DeNARDO LLC BY: LESLIE J. RASE, E QUIRE ATTORNEY I.D. NO: P Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278- 800 S & D FILE NO. 10-037 85 Deutsche Bank National Trustee for the Registers Stanley ABS Capital I IZ Mortgage Pass-Through 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Trust Company, As d Holder Of Morgan TC. Trust 2007-HE1 Ce,rtificate,Series COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-3539 CERTIFICATE OF SERVICE I, Leslie J. Rase, first class mail, following person(s) or Colleen F. Viccaro, 640 Date Mailed: ire, Attorney for the Plaintiff, hereby certify that I have served by prepaid, true and correct copies of the attached papers upon the attorney of record: Avenue, Lemoyne, PA 17043 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARD ,LLC BY: LESLIE J. RASE, E QUIRE ATTORNEY I.D. NO: P Bar # 58365 3600 HORIZON DRIVE SUITE 150 KING OF PRUSSIA, P 19406 TELEPHONE: (610)278 6800 S & D FILE NO. 10-037 85 Deutsche Bank Nation Trustee for the RegistE Stanley ABS Capital I Mortgage Pass-Throw 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Trust Company, As ;d Holder Of Morgan JC. Trust 2007-HE1 Certificate,Series COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-3539 CERTIFICATION OF ADDRESS I hereby certify Deutsche Bank National Stanley ABS Capital I IT HE 1 c/o Ocwen Loan Servici~ 1661 Worthington Road West Palm Beach, FL 3: and that the last known Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 the correct address of the judgment creditor (Plaintiff) is: Trust Company, As Trustee for the Registered Holder Of Morgan C. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007- LLC 15 of the judgment debtor (Defendant) is: SHAPIRO & DeNARDO BY: Leslie J. Rase, Esquire Attorney for Plaintiff 10-037885 Curtis R. Long Prothonotary TO: Colleen F. 640 Bosley Deutsche Bank National Trustee for the Registerec Stanley ABS Capital I IN Mortgage Pass-Through i 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 v iccaro Avenue 'A 17043 Crust Company, As .Holder Of Morgan C. Trust 2007-HEl :ertificate.Series COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 NOTICE Pursuant to Rule 236 of t~e Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been enter d against you in the above proceeding as indicated below. Prothonotary [XX] Judgment y Default [ ]Judgment for [ ]Judgment on Award of Arbitration [ ]Judgment on ~Ierdict [ ]Judgment on IF YOU HAVE ANY Qi ATTORNEY LESLIE J. Findings ~- ~ le,~GG STIONS CONCERNING THIS NOTICE, PLEASE CALL: SSE, ESQUIRE AT (610)278-6800. IN THE COURT O Caption: Deutsche Bank Nation Trustee for the Registe Stanley ABS Capital I Mortgage Pass-Throul 2007-HE 1 PLAINTIFF V,S. Colleen F. Viccaro DEFENDANT(; TO THE PROTHONOTARY OF The undersigned hereby c account based on a confession pursuant to Act 7 of 1966 as an COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WR{T OF EXECUTION ()Confessed Judgment ()Other Trust Company, As ~ File No. /0 ~ 3 ~3q crr, ~ d Holder Of Morgan 1C. Trust 2007-HE1 Certificate,Series Amount Due $105,507.9] Interest July 10, 2010 to December 8, 2010 is $3,295.36 Atty's Comm Costs ~ ~ N _ C'7 .,,J , ~ © ~ 1 ~.' -^ :~ ~E SAID COURT: ~ j`. ~`~ ~ ~~~' ~ ; . r~ d •• =w ifies that the below does not arise out of a retail installment she, cci$tract, or judgment, but if it does, it is based on the appropriate original proceeding filed ded; and for real property pursuant to Act 6 of 1974 as amended. {ssue writ of execution in the abo~e matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property f the defendant(s) PRA~CIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the Bove-named garnishee(s) for the following property (if real estate, supply six copies of the d scription; supply four copies of lengthy personalty list) and all other property of the defe (indicate) Index this defendant(s) descri Date: ~ I ~ ~I'/ g~„H.oo p ~~ gSGI a-/c/.00 c vs~s B~ nt(s) in the possession, custody or control of the said garnishee(s). against the garnishee(s) as a lis pendens against real estate of the in the attached exhibit. ~ .Signature: Print Name: eslie J. Rase, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 58365 gq~.o0 s ~.SU P`~``~ti ~` l9 s • 9 o r ~- ~~---- s`16 U due f~ ~ . Sv ,Duc LL SHAPIRO & DeNARD ,LLC BY: LESLIE J. RASE, SQUIRE ATTORNEY I.D. NO: A Bar # 58365 3600 HORIZON DRIV ,SUITE 150 KING OF PRUSSIA, P 19406 TELEPHONE: (610)27 -6800 S & D FILE NO. 10-03 885 Deutsche Bank Natior. Trustee for the RegistE Stanley ABS Capital I Mortgage Pass-Throuf 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Trust Company, As d Holder Of Morgan dC. Trust 2007-HE1 Certificate,Series E~f ~. `~ ~.,~~ ('1~ '~ it r 1=`•~ Za~a~~6 ~~.- ,~t~;iz~ ~~l Cit1~J r 1:,~'i V t ! COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-3539 I hereby certify at I am the Attorney of record for the Plaintiff in this Action against Real Property and furthe certify this Property is: FHA -Tenant Commercial As a result of a That the Plainti X Assistance Act (a) (b) (c) (d) I further agree to false statement given hey or Vacant Taint in Assumpsit complied in all respects with Section 403 of the Mortgage ina but not limited to: of notice on Defendant of 30 days since the service of notice failure to request or appear at meeting with Mortgagee or Credit Counseling Agency failure to file application with Homeowners Emergency Program. and hold harmless the Sheriff of Cumberland County for any SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire PA Bar # 58365 .J SHAPIRO & DeNAR BY: LESLIE 1. RASE ATTORNEY I.D. NO 3600 HORIZON DRI' KING OF PRUSSIA, TELEPHONE: (610)2 S & D FILE NO. 10-0. -O, LLC ESQUIRE PA Bar # 58365 'E, SUITE 1 SO 'A 19406 '8-6800 7885 Deutsche Bank Nation. Trustee for the Register Stanley ABS Capital I Mortgage Pass-Throug 2007-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Deutsche Bank ] Morgan Stanley ABS C 2007-HE 1, Plaintiff in t execution was filed, the Avenue, Lemoyne, PA 1. Name and Colleen F. Vicc 640 Bosler Ave Lemoyne, PA 1 2. Name and Colleen F. Vicc 640 Bosler Ave Lemoyne, PA 1 3. Name and last on the real nro ~ Trust Company, As ~d Holder Of Morgan NC. Trust 2007-HE1 Certificate,Series FI`G'i.'_ 5C - t" kk }~"~J r ,.-.., rr . , ~; COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 itional Trust Company, As Trustee for the Registered Holder Of vital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series :above action, sets forth, as of the date the praecipe for the writ of allowing information concerning the real property located at 640 Bosler 7043. of Owner(s) or Reputed Owners} 3 of Defendant in the judgment: ~n address of every judgment creditor whose judgment is a record lien to be sold: Deutsche Bank Na Morgan Stanley A Certificate,Series c/o Ocwen Loan S 1661 Worthington West Palm Beach, ial Trust Company, As Trustee for the Registered Holder Of Capital I INC. Trust 2007-HE1 Mortgage Pass-Through 7-HE 1 icing, LLC ~L33415 ~, Mary A. Dissing r, Esquire 28 North Thirty- econd Street Camp Hiill, PA 7011 TA Financial LL c/o Apothaker & Associates, P.C. 2417 Welsh Roa ,Suite 21 #520 Philadelphia, PA 19114 CACV of Color 1999 Broadway Denver, CO 80~ CACV of Colo 705 Montgome Narberth, PA 1 4. Name and Deutsche Bank N Morgan Stanley ~ Certificate,Series c/o Ocwen Loan 1661 Worthingto West Palm Beacl 5. Name and add None 6. Name and add whose interest LLC lo, LLC c/o Robert M. Reibstein, Esquire Avenue of the last recorded holder of every mortgage of record: tional Trust Company, As Trustee for the Registered Holder Of 3S Capital I INC. Trust 2007-HE1 Mortgage Pass-Through 007-HE1, Plaintiff /rvicing, LLC Road FL 33415 of every other person who has any record lien on the property: of every other person who has any record interest in the property and be affected by the sale: Cumberland Co y Domestic Relations 13 North Hanover Street Carlisle, PA 1701 7. Name and address~of every other person of whom the plaintiff has knowledge who has any interest in the roperty which maybe affected by the sale: TENANT OR OC t 640 Bosler Avenu Lemoyne, PA 170 3 ANT ., , I verify that thel 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 pe~alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, L BY: Leslie J. R se, squire 10-037885 r _ _~ ~~~ Tp ~~ ~' ~ ~' ~~~ ~~~~~r~Y SHAPIRO & DeNAR O, LLC BY: LESLIE J. RASE, ESQUIRE ~~~~ ~~.iz ~ ~ ~:~ i2; ~ ATTORNEY I.D. NO: A Bar # 58365 3600 HORIZON DRIV ,SUITE 150 CU ~#Jv ; ~, ;, , .1;~~.;~fy KING OF PRUSSIA, P 19406 r'_.'~i'4`> ({ ~f ~,~;/j TELEPHONE: (610)27 -6800 S & D FILE NO. 10-03 885 Deutsche Bank Natior, Trustee for the Registe Stanley ABS Capital I Mortgage Pass-Throul 2047-HE 1 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT Trust Company, As d Holder Of Morgan dC. Trust 2007-HE1 Certificate,Series COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 TO: Colleen F. Vic aro 640 Bosler Av ue Lemoyne, PA 7043 Your house (real estate) at: 640 Bosler Avenue, Lemoyne, PA 17043 12-22-0824-130 is scheduled to be sold a Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce t e court judgment of $105,507.91 obtained by Deutsche Bank National Trust Company, As Trus ee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortg ePass-Through Certificate,Series 2007-HE1 against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be c celled if you pay back to Deutsche Bank National Trust Company, As Trustee for the R istered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007- HEl Mortgage P s-Through Certificate,Series 2007-HE1 the amount of the judgment plus costs or the b ck payments, late charges, costs, and reasonable attorneys fees due. To find out how uch you must pay, you may call:(610)278-6800. 2. You maybe able judgment, if the j postpone the sale stop the sale by filing a petition asking the Court to strike or open the anent was improperly entered. You may also ask the Court to r good cause. 3. You maybe abl~ to stop the sale through other legal proceedings. 4. You may need a attorney to assert your rights. The sooner you contact one, the more chance you will ave of stopping the sale. (See notice on page two of how to obtain an attorney. ) YOU MAY ST1~L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGH SEVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriff s S e is not stopped, your property will be sold to the highest bidder. You may find out the rice bid by calling (610)278-6800. 6. You maybe abl to petition the Court to set aside the sale if the bid price was grossly inadequate comp ed to the value of your property. 7. The sale will go ough only if the buyer pays the Sheriff the full amount due in the sale. To find out if thi has happened you may call 717-240-6390. 8. If the amount du from the buyer is not paid to the Sheriff, you will remain the owner of the property as i the sale never happened. 9. You have a right o remain in the property until the full amount due is paid to the Sheriff and the Sheriff gi es a deed to the buyer. At that time, the buyer may bring legal proceedings toe 'ct you. 10. You maybe entit ed to a share of the money, which was paid for your house. A schedule of distribution of he money bid for your house will be filed by the Sheriff no later than thirty days after t e Sheriff Sale. This schedule will state who will be receiving the money. The mon y will be paid out in accordance with this schedule unless exceptions (reasons why the roposed distribution is wrong) are filed with the Sheriff within ten (10) days after the dat of filing of said schedule. 11. You may also ha a other rights and defenses or ways of getting your house back, if you act immediately a er the sale. YOU SHOULD AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEG L HELP. iberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE ADVISED THAT THIS ATTEMPTING TO CO USED FOR THAT PUR 10-037885 FAIR DEBT COLLECTION PRACTICES ACT YOU ARE LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR LECT A DEBT. ANY INFORMATION OBTAINED WILL BE ALL THAT CERTA piece of parcel of land situate in the Borough of Lemoyne, County of Cumberland and Comm nwealth of Pennsylvania, more particularly bounded and described in accordance with a surve of R. J. Walker dated September 4, 1970, as follows, to wit: BEGINNING at a point n the southerly line of Bosler Avenue, which point is 20 feet east of the southeasterly corner of eventh Street and Bosler Avenue; thence along the southerly line of Bosler Avenue North 58 degrees 00 minutes East, twenty (20) feet to a point ;thence South 32 degrees 00 minutes East one hundred fifty (150) feet to a point on the northerly line of Apple Alley; thence along the ame South 58 degrees 00 minutes West, twenty (20) feet to a point; thence North 32 degrees 00 minutes West, and through the center of a partition wall one hundred fifty (150) feet to a poin ,the place BEGINNING. BEING premises known~as 640 Bosler Avenue, Lemoyne, Pennsylvania. BEING part of the same remises which Daniel T. Piscioneri, a single person, by deed dated December 2, 2004. and r corded December 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Deed Book 266, Page 3110, granted and conveyed unto Angelis K. Campbe 1, Grantor herein. BEING part of the same remises which Daniel T. Piscioneri and Barbara R. Piscioneri, his wife, by deed dated Apri125, 001 and recorded May 4, 2001 in the Office of the Recorder of Deeds in and for Cumberland C unty in Deed book 244, Page 52, granted and conveyed unto Daniel T. Piscioneri, the Grantor h rein. Parcel No.: 12 22-0824-a13 BEING the same premise Fact, Linda K. Cooper by Recorder of Deeds Office conveyed unto Colleen F, which Angelis K. Campbell, Married Individual, by her Attorney-In- Deed dated July 31, 2006 and recorded in the Cumberland County on August 2, 2006 in Deed book 275, page 4819, granted and Viccaro, single individual. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH COUNTY OF CUMB TO THE SHERIFF OF To satisfy the debt, AS TRUSTEE FOR T INC. TRUST 2007-HE Plaintiff (s) From COLLEEN F. (1} You are directed to DESCRIPTION . (2) You are also direct of GARNISHEE(S) as foil PENNSYLVANIA) NO10-3539 Civil CIVIL ACTION -LAW UMBERLAND COUNTY: iterest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, E REGISTERED HOLDER OF MORGAN STANLEY ABS CAPITAL I MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2007-HEI, upon the property of the defendant (s)and to sell SEE LEGAL to attach the property of the defendant(s) not levied upon in the possession and to notify the garnishes paying any debt to or for 1 (s) or otherwise disposing (3) If property of the dei of anyone other than a nai garnishee and is enjoined Amount Due$105,507.91 Interest JULY 10,2010 T Atty's Comm Atty Paid $195.90 Plaintiff Paid Date: JULY 14, 2010 (Seal) REQUESTING PARTY: Name LESLIE J. RASE, l Address: SHAPIRO & DE PENNSYLVANIA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 583 that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from account of the defendant (s) and from delivering any property of the defendant dant(s) not levied upon an subject to attachment is found in the possession d garnishee, you are directed to notify him/her that he/she has been added as a above stated. L.L.$.50 1 DECEMBER 8, 2010 IS $3,295.36 Due Prothy $2.00 Other Costs Deputy LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, . SHAPIRO & DeNARDO, LLC T' 7 BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365-l' 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. ,10-037885 Deutsche Bank National Trust Company, As COURT OF COM ON PLEAS Trustee for the Registered Holder Of Morgan CIVIL DIVISION Stanley ABS`Capital I INC. Trust 2007-HEl CUMBERLAND OUNTY Mortgage Pass-Through Certificate, Series 2007-HE1 ; NO:10-3539 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT CERTIFICATION OF NOTICE TO LIENHO DERS PURSUANT TO PA R.C.P 3129.2 (C) (2) 1, Meghan Williams, Legal Assistant for Shapiro &' DeNar o,_LLC, attorneys for the Plaintiff, Deutsche Bank National Trust Company, As Trustee for he Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HEI Mortgage Pass Through Certificate, Series 2007-HE1, hereby certify that Notice of Sale was served on all person appearing on Exhibit "A" attached ;hereto, by United States mail, first class, postage prepaid, ith Certificates' of Mailing on October 1, 2010, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant, to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein ar subject to the penalties provided 'by 18 P.S. Section 4904. Respectfully sub itted, SHAPIRO & De ARDO, LLC BY:?(,? MegfiaA William Legal Assistant 10-037885 T1 (D !y 'G C C.al ? 1T 00 V ao ,4 CD CD ? (D C N N N -- O N b O N n m v v (D c it CD Q v!D O o 0 .N O CD C, N 6 O m 1 O O v CD 7 cn i9 i? G !y ry aG cn O CD CD O M tD 6 y i 00 ?, ?, W N x nwrnz _ CD CD ?_. N O C1 O 91 C1 w G N W y d GO Q D N O r Cn n ?p ('-' CD z C, Q C q 3 N 0 -1 De,ivery C r a 3 Z m C7 a d-? ter' n N n y C1 C o ° o c C'Z a? V ' S O vi O c?]" Y ????? ?' O D Q V O 0 ' Cp, .. C+ y - N X a C? ? N S (D Z) 0 V) CD (D ? aag o 3 0 o 'do o -0 ?. a - ? C Cn; C °?v? a v ? Q oY ? N ® a ? 0 o CD o+? w N (/? C) CD '(J m C K 1j 0 - ? N N c-' r 5. i o --, d ° m m z r r Y G A A CD N r o C? :.CD C D C D p N zv? CD O ' ???? . ct) h a o (D o 0 o v 3 n m CD. N CD M m a ti 0(D 0 CD - m 3 0 .< o CD Z3 m o N 0 Q v_ O 3 1 L] (D D CD N > v oa `, .? a vy i X , ? N n y C) Z 7? o a N o o ti 3 CD, o?m?3va tD D• N _. C7 2 ?.. CD m n : eo. m m . om IPC 6 ? C}T 3 co ?Q N C C=7 7I SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037885 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate, Series 2007-HE I PLAINTIFF VS. Colleen F. Viccaro DEFENDANT iii-70-OF iCE: IE PROTNONOTA 'r 2011 MAR -1 AM 9: 5 1 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Colleen F. Viccaro Defendant in the above captioned case has filed Bankruptcy under Chapter BK 13, under Docket No. 10-09754 on December 2, 2010, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the Bankruptcy. BY: Leslie J. Rase, Attorney for P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson {=- Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor - ill. i'xf 4 _ r Deutsche Bank National Trust Company vs. Case Number Colleen F. Viccaro 2010-3539 SHERIFF'S RETURN OF SERVICE 10/13/2010 07:37 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1937 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Colleen F. Viccaro, located at, 640 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. 10/29/2010 06:11 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Colleen F. Viccaro at 640 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 12/03/2010 As directed by Leslie J Rase, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11. SHERIFF COST: $885.57 SO ANSWERS, February 28, 2011 RON R ANDERSON, SHERIFF 01.00 fl?. Co. ,?-r tt SG 3 7 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037885 Deutsche Bank National Trust Company, As ; Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE I PLAINTIFF ; VS. Colleen F. Viccaro DEFENDANT ; COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE 1 Mortgage Pass-Through Certificate,Series 2007-HE 1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 640 Bosler Avenue, Lemoyne, PA 17043. Name and address of Owner(s) or Reputed Owner(s) Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 2. Name and address of Defendant in the judgment: Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National 'gust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate, Series 2007-Hf1 c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 r Mary A. Dissinger, Esquire 28 North Thirty-Second Street Camp Hiill, PA 17011 TA Financial LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 CACV of Colorado, LLC 1999 Broadway Denver, CO 80202 CACV of Colorado, LLC c/o Robert M. Reibstein, Esquire 705 Montgomery Avenue Narberth, PA 19072 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HEl Mortgage Pass-Through Certificate,Series 2007-HE1, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 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 propert y which may be affected by the sale: TENANT OR OCCUPANT 640 Bosler Avenue Lemoyne, PA 17043 { I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, L BY: Leslie J. R se, squire 10-037885 40 r SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037885 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE 1 Mortgage Pass-Through Certif cate,Series 2007-HE I COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-3539 PLAINTIFF VS. Colleen F. Viccaro DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Colleen F. Viccaro 640 Bosler Avenue Lemoyne, PA 17043 Your house (real estate) at: 640 Bosler Avenue, Lemoyne, PA 17043 12-22-0824-130 is scheduled to be sold at Sheriffs Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court) judgment of $105,507.91 obtained by Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007-HE1 Mortgage Pass-Through Certificate,Series 2007-HE1 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 Deutsche Bank National Trust Company, As Trustee for the Registered Holder Of Morgan Stanley ABS Capital I INC. Trust 2007- HE1 Mortgage Pass-Through Certificate, Series 2007-HE I 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 shopping 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 TAKK 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 Cjumberland 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 L FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037885 1 . . ALL THAT CERTAIN piece of parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey of R. J Walker dated September 4, 1970, as follows, to wit: BEGINNING at a point on the southerly line of Bosler Avenue, which point is 20 feet east of the southeasterly corner of Seventh Street and Bosler Avenue; thence along the southerly line of Bosler Avenue North 58 degrees) 00 minutes East, twenty (20) feet to a point ; thence South 32 degrees 00 minutes East, one hundred fifty (150) feet to a point on the northerly line of Apple Alley; thence along the same South 58 degrees 00 minutes West, twenty (20) feet to a point; thence North 32 degrees 00 minutes West, and through the center of a partition wall one hundred fifty (150) feet to a point, the place BEGINNING. BEING premises known as 640 Bosler Avenue, Lemoyne, Pennsylvania. BEING part of the same premises which Daniel T. Piscioneri, a single person, by deed dated December 2, 2004. and recorded) December 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Deed Book 266, Page 3110, granted and conveyed unto Angelia K. Campbell, Grantor herein. BEING part of the same premises which Daniel T. Piscioneri and Barbara R. Piscioneri, his wife, by deed dated April 25, 2001 and recorded May 4, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed book 244, Page 52, granted and conveyed unto Daniel T. Piscioneri, the Grantor herein. Parcel No.: 12-22-0824-013 BEING the same premises which Angelia K. Campbell, Married Individual, by her Attorney-In- Fact, Linda K. Cooper by Deed dated July 31, 2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed book 275, page 4819, granted and conveyed unto Colleen F. Viccaro, single individual. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3539 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDER OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HEI MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2007-HEI, Plaintiff (s) From COLLEEN F. VICARRO (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: (4) 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$105,507.91 L.L.$.50 Interest JULY 10,2010 TO DECEMBER 8, 2010 IS $3,295.36 Atty's Comm % Due Prothy $2.00 Atty Paid $195.90 Other Costs Plaintiff Paid Date: JULY 14, 2010 David D. Buell, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DENARDO, LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, PENNSYLVANIA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 640 Bosler Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: 61al Esoordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County and that the printed notice or publication attached hereto is exactly the same as was printed i the regular editions and issues of the said Cumberland Law Journal on the following dates, October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of November, 20 0 Notary , NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3539 Civil Deutsche Bank National Trust Company, as Trustee for the Registered Holder of Morgan Stanley ABS Capital I, Inc., Trust 2007-HEl Mortgage Pass-Through Certificate, Series 2007-HEl vs. Colleen F. Viccaro Atty.: Leslie J. Rase ALL THAT CERTAIN piece of par- cel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed in accordance with a survey of R. J. Walker dated September 4, 1970, as follows, to wit: BEGINNING at a point on the southerly line of Bosler Avenue, which point is 20 feet east of the southeasterly corner of Seventh Street and Bosler Avenue; thence along the southerly line of Bosler Avenue North 58 degrees 00 minutes East, twenty (20) feet to a point ; thence South 32 degrees 00 minutes East, one hundred fifty (150) feet to a point on the northerly line of Apple Alley; thence along the same South 58 degrees 00 minutes West, twenty (20) feet to a point; thence North 32 degrees 00 minutes West, and through the center of a partition wall one hundred fifty (150) feet to a point, the place BEGINNING. BEING premises known as 640 Bosler Avenue, Lemoyne, Pennsyl- vania. BEING part of the same premises which Daniel T. Piscioneri, a single person, by deed dated December 2, 2004. and recorded December 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Deed Book 266, Page 3110, granted and con- veyed unto Angelia K. Campbell, Grantor herein. BEING part of the same premises which Daniel T. Piscioneri and Bar- bars, R. Piscioneri, his wife, by deed dated April 25, 2001 and recorded May 4, 2001 in the Office of the Re- corder of Deeds in and for Cumber- 1 d County in Deed book 244, Page :2, granted and conveyed unto Dan- iel T. Piscioneri, the Grantor herein. Parcel No.: 12-22-0824-013. BEING the same premises which ngelia K. Campbell, Married In- dividual, by her Attorney-In-Fact, inda K. Cooper by Deed dated July 1, 2006 and recorded in the Cum- erland County Recorder of Deeds Office on August 2, 2006 in Deed book 275, page 4819, granted and conveyed unto Colleen F. Viccaro, single individual. 12$ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4fPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts, aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 ber, 2010 A. D. NULary ruoirc r 1 L/ COMMONWEALTH =Paxton PENNSYLVANJA ar otary Public auphin County Nov. 26 2011 er, Pennsvlvania Association-=ranP, 2010--=9 Civil Term 0e111"aft swlk,0011" lb t cantiold", for** Rietetei i MtUr at Trust-" 401p?si". 1i?rc+siDlt VS Colleen F. View* Atty. Laeft J Rotas ALL THAT CERTAIN piece of parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey of R. J. Walker dated September 4, 1970, as follows, to wit: BEGINNING at a point on the southerly line of Bosler Avenue, which point is 20 feet east of the southeasterly corner of Seventh Street and Bosley. Avenue; thence along the southerly be of Boder Avenue North 58 degrees 00 minutes East, twenty (20) feet to a point ; thence South 32 degrees 00 minutes East; one hundred fifty (150) feet to a point on the northerly line of Apple Alley; thence along the same South 58 degrees 00 minutes West, twenty (20) feet to a point; thence North 32 degrees 00 minutes West, and flaough the center of a partition wall one hundred fifty (150) feet to a point, the place BEGINNING. BEING premises known as 640 Bosler Avenue, Lemoyne, Pennsylvania. BEING part of the same 'premises which Daniel T. Piscioneri, a single person, by deed dated December 2, 2004. and recorded December 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Deed Book 266, Page 3110, granted and conveyed unto Angelia K Campbell, Grantor herein. BEING part of the same premises which Daniel T. Piscioneri and Barbara R Piscioneti, his wife, by deed dated April 25, 2001 and recorded May 4. 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed book 244, hp 52, granted and conveyed unto Daniel T. Piscioneri the Grantor herein. Parcel No.: 12-22-0824-013 BEING the same premises which Angelia K Campbell; Married Individual, by her Attorney-In-Fact, Linda K Cooper by Deed dated July 31, 2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed book 275, page 4819, granted and conveyed unto Colleen F Viccaro, singlihidividual. i t }• 1f1." ICE PHELAN HALLINAN, LLP Attorney for rUi t` / 9 Jonathan Lobb, Esq., Id. No.312174 CUMBER 9 1617 JFK Boulevard, Suite 1400 � �SAND c�(��; One Penn Center Plaza YI.YAP,j,� Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE • REGISTERED HOLDER OF MORGAN • STANLEY ABS CAPITAL I INC. TRUST 2007- : COURT OF COMMON PLEAS HE1 MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2007-11El CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. No. 10-3539 COLLEEN F. VICCARO Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDER OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE1 MORTGAGE PASS- THROUGH CERTIFICATE, SERIES 2007-HE1 in the above captioned matter. Phelan Hallinan, LLP Date: �l /43 ik..; By: , Jy' .than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP PH#934747 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDER OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007- . HE1 MORTGAGE PASS-THROUGH COURT OF COMMON PLEAS CERTIFICATE, SERIES 2007-HE1 • CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. No. 10-3539 COLLEEN F. VICCARO Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s)on the date listed below: COLLEEN F. VICCARO 640 BOSLER AVENUE LEMOYNE, PA 17043 Phelan Hallinan, LLP Date: /(//g//3 By: Jo,. an Lobb,Esq., Id. No.312174 torney for Plaintiff Phelan Hallinan, LLP PH#934747