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Home My WebLink About01-1250MATTLEMAN, WEINROTH & MILLER BY: SI-IARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 INTERBAY FUNDING, L.L.C. AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE 2601 SOUTH BAYSHORE DRIVE, 4TM FLOOR MIAMI, FL 33133 Plaintiff VS. RICHARD H. FREY AfK/A RICHARD HOWARD FREY 317 STATE STREET ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) 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 judgement 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 fights 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. COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 1-717-240-6200 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SttARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 INTERBAY FUNDING, L.L.C. AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE 2601 SOUTH BAYSHORE DRIVE, SUITE 400 MIAMI, FL 33133 Plaintiff VS. RICHARD H. FREY A/K/A RICHARD HOWARD FREY 317 STATE STREET ENOLA, PA 17025 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.~ CML ACTION MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Interbay Funding, L.L.C. as servicer for First Union National Bank as Indenture Trustee ( hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Richard H. Frey a/k/a Richard Howard Frey, mortgagor hereinafter referred to as "Defendant" and Ameriquest Mortgage Company. Said Mortgage is dated December 23, 1999 and was recorded in the Office of the Recorder of Deeds of Cumberland County on January 3, 2000 in Book 1590 page 394. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "A". Said Plaintiff is the proper party plaintiffherein by way of assignment to be recorded. 2. The Mortgage secures Defendant's Note dated December 23, 1999 in the mount of $24,200.00 payable to Plaintiff in monthly installments with an adjustable interest rate. A copy of said Note is attached hereto and made a part hereof as Exhibit "B". 3. The land subject to the mortgage is: 317 State Street, Enola, PA 17025 A copy of the legal description is attached hereto and incorporated by reference. 4. The Defendant(s), Richard H. Frey oJk/a Richard Howard Frey is the Real Owner of the land subject to the mortgage. The Defendant(s) mailing address is 317 State Street, Enola, PA 17025. 5. The Mortgage is now in default due to the failure of the Defendant to make payments as they became due and owing. The following amounts are due: Principal Balance $ 24,001.13 Interest Calculated to February 25, 2001 $ 2,356.78 Late Charges $ 58.86 Unapplied Funds $ 100.00 Attorney Fees (5% of principal balance) $ 1,200.06 Total $ 27,716.83 plus interest from 02/26/01 at $9.40 per day, costs of suit and attorney fees. 6. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose Mortgage/Notice of Homeowner's Emergency Mortgage Assistance was sent to the defendant by regular mail and certified mail on October 25, 2000. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". The Defendant has not cured the default. WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendant, in the sum of $27,716.83 together with interest from 02/26/01 at $9.40 day, costs of suit and attorney 902/55210 MATTLEMAN, WEINROTH & MILLER Sharon Oras Morgan, Esgffire #60068 PE0,1!,2000 ]:51PM MAT~LEMAN WE]NROTH MILLER N0.3355 P, ~ VERI~CATION I, Kathleen ~l. ~ovic ,statetkatlamtheAssistantVic~Prezide~tofInterbay l~mdi~g LLC, servicing ag~t for First union National Bank , P~ufiffhereiu; that I am acquainted with the facts set forth in the foregoing Complaint; that the same arc U'ue and correct ~o the best of my knowledge, information and belief; that this stat(maent is made subject to the p(ma/ties of 18 Pa.C,S. section 4904 relating to ~e uns~vom fals~fieatioa to authorities. ,Msista~, Vic~ President Kathleen M. Sovic Vice President, lnterBay Funding, L.LC Parcel Number: [Sl.~e Above ~ Lira For Recordln~ Date] WhCa r~corded mail to: MORTGAGE P.O. BOX 11507 SANTA ANA, CA 92711 Loan No. 14625388-5697 THIS MORTGAGE ('$~'urity Instl~ax~nt") is given on RICHARD HOWARD FREY December 23, 1999 . The mortgagor ("Borrower'). This Security Instrument is given to AMERIQUF~T MORTGAOE COMPANY which is organized and existing under the laws of the S~e of Delaware , and who address is 1100 TOWN & COUNTRY RD., STE. 200 ORANOE, CA 92868 ("Lender'). Borrower owes Lender ~he principal sum Twenty Four Thousand Two Htmdred a~d no/100 ..... ................. Dollars (U.S. $ 24,200.00 This debt is evidenced by Borrower's note dated th~ same date as this 8eeu.tity Instrument ('Note"), which provides mouthly paymellts, with the fid! debt, if riot paid earlier, duo and payable oll lanuary i . 201:5 This Security l~trum~t secures to Lender: (a) ~he repayment of the dobt ovid~nced by tl~ Note, with Intere~t, and all renewal exten~ion~ and modifications of the Note; Co) the payment of ~11 other sum~, wilh interest, advanced under paragraph 7 protect the security of ~ Security I~stmment; and (0 the perforrnane~ of Borrower's cownsnt~ ~ agreemenl.~ under th SeCurity In~trumeot and the Noto. For ~ purpose, Borrower doe~ hereby mortgage, grant and convey to Lende4' the followh described property located in CUMBERLAND County, Penmylvani LI~OAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOP which has thc address of 317 STATE ST Pcansylvanla 17025 PENN~YLVANIA-SIngI~ Fa rally- Fltl MA f/q,.I I.~C ~),~NIFORM INSTRUMENT Form 30~ 91~0 HIPA) 19,~o~.o~ A!"n~n~ll)l,'[ 2~11 ENOLA [Zip Coati ("Property Address"); 111llllllllSilllll COMMITMENT FOR TITLE INSURANCE SCHEDULE A CONTINUED Commi~:msn~ NO. PACUZ290"~o3 L~al Deecr:[.pt:ion County. P~nnoylvania, being mo~e particularly bounde~ atld described ae follows: ~QIi~NINQ a= · poinu a= =ha co~ne~ of lands of John ~lle~ a~d ~he ~=a=e Road, thenc~ in an ~s~ly ~u~e, alon~ ~aid ~oad fifty ni~e (59) fee= ~o ~he ~er of a (10) ~eet ~ida alle~ thence in a nor~hernly ~uree b~ sa~d alley (par=ly) ~fty five Fa~lew, . Chicago Title Insurance Company .TOGETHER W[TI4 all the improvements now ut her~t'ter erected on the pro~y, and all easements, appurtenances, and fixtures now or hereafter a part ut' thc proper~y. All repla~ments and additions shall also bc covered by this gccotity lnstcurra:nt, All of the foregoing is refen~d to ia this Security [r~trumant as the "Property," BORROWER COVENANTS that Borrower is lawfnlly seized of the estate hereby convey~:d 'and has the right to mortgage, grant and convey the Pwperty and that the Property is unencumbered, except for encumbrances of record. BorrOwer warrants and will defend generally the title to the Property against ail claims and demands, subject to any encambrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national ~sc and non-unlfuml corem-rots with limited variations by jurisdiction to constitute a uniform ,security instrument covering real property. UNIFORM COVENANT!~. Borrower and Lender covenant and agree as follows: 1. Payment of Prinalpal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and inter~t on the debt evidenced by the Note and any prepayment and late charges due under the Note, 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender oil the day monthly payments are due under the Note, until the Note is paid in full, a Sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Inatrunlc'nt as a lien on the Property; (b) yearly leasehold paymeuts or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood inanranco prcnniums, if any; (e) yearly mortgage insurance premiun~s, if any; and (O anY sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of tho payment of mortgage insurance premiums. These items are called ~cww Ileum." l~-~der may, at any time, coliec~ and hold Funds in an amount not to exceed the maximum amotmt a lender for a ti~-ally related mortgage loan may r~lnlr~ for Borrower's escrow account under the federal Real Estate .qetticmeut Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ('RESPA"), tmless another law that applies to the l~nds sets a lesser ~-lount. If so, Lender may, at any tkue, collect and hold Funds in an ar~unt not ~o ~xceed the lesser amount. Lender may estirrmt¢ the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fu0,rc Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whoso deposits .arc insurod by a f~deral agency, Insi~,mentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. ~ shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, anmmlly analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interes~ on the Funds and applicable law permits l.~tder to make such a charge. However, Lender may rcquh*e Bor~wer to pay a one-time charge for ~ in~ real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Units an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Leader may agree in writing, however, that interest shall be paid un the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the ~ds and the purpose for which each &~bit re the Funds was made. The Flmds are pledged as additional ,v~ity for ail sun, s scc, ered by this Secltfity fuslr~ment. If thc Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account m BorrOwer lbr the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at eny tillle is ilOi sufficient to pay tho F.~*row Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay ~o Lender the amount n~'ceasary to mal~e up the definian~y. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole dis~ation. Upon payment in full of all sums secured by this Security l~trument, /..~nder shall promptly refund to Borrower any Ftmds held by Leader. If, under paragraph :21, Lender shall acquire, or sell thc Property, L~tder, prior to the acquisition or sale. of thc Property, shall apply any Funds held by Lender at ri~ time of acquisition or sale as a credit against the sums secared by this Security Instrement. 3. Application of Payments. Unless applicable law provides othe~/ise, all payments received by Lender trader paragraphs I and 2 shall be applied: first, to ally prepayment charges due under the Note; ~.econd, to amounts payable under paragraph 2; thirg, to interest due; fourth, to principal due; and last. to any late charges due under the Note. 4, Char~es; Liens. Borrower shall pay all tax~s, assessp~nrn, charges, fmcs and impositions attributable to the Propm~'y which may attain priority over Lhis S~curity fostmment, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time diracfly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes dlese paym~mts directly, Borrower shall promptly furnish to I.~tder receipts evidencing the payments. Rorrower ah'all promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment Of the obligation seemed by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by. or defends against euforeeruent of the lien in, legal proceedings which in the Lender's opinion operate to prevent thc enforcement of the lien: or {c) secures from the holder of the lien an agreem~t satisfactory to Lender subordinating the lieu to this Security instrument. If Lender determines that any pan of the Property is subject to a lien which may attain priority over this ~curity Instrument, Lender may give Ben-ewer a notice identifying the lieu. Borrower shall satil~fy the lien or take one or more of the actions se~ forth above within 10 days of the giving of notice. ~-6,~ ,,~,o~.o~ ~-~.,. ~ ~.~, ~ ~ ~ Loan Nh. I~S~SS-~ oas s~so Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, includint floods or flooding, for which Lender require~ insurance, This insurance shall be maintairaxl in the amounts and for the period! that Lender requires. The insurance carrier providing thc insurance shall bc chosen by Borrower subject to Lender's approva~ which shall not be unreasooably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lendcr't option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to l-cadet arid shall include a standard mortgage clause. Lend~ shall have the right to I~old thc policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts paid premiums 'and renewal notices, in the event of loss, ]~orrowc'r shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to r~toration or repair of the Property damaged, if thc restoration or repair is economic~ly feasible and Lender's security is not lessened. If the restoration repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instruraent, whether or ~lot th~u due, with any excess paid to Borrower. If Bo~cow~ abandons rite Property, or docs not answer within 30 days a notice from Lender that the insurance carrier has offered to settle it clahn, then Lender may collect the iusurance proceed. Lender may use the proceeds to repair Or restore the Property or to pay surm secured by this Security Instrument, whether or not then duc. The 30-dey period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend postpone thc due date of the monthly payments referred to in paragraphs I and 2 or change the amc, unt of the paymmts. If under paragraph 2i the Property is acquired by Lender, Borrower's right to any insurance policies and procenda resulting from damage to the Property prior to the acquisition shall pass to L~der to the extent of thc sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; I..eas~olds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after tile cxccation of this Security Iusmm'amt and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lealder otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Bon'ower aball not destroy, dam~ooe or impair thc Property, allow the Property to deteriorate, or co~lmit waste on the Property. Borrower shall be in default if any forfeiture actien or proceeding, whether civil or Criminal, is b~gun their in Lender's good ia/th judgment could result 'in forfeiture of the Property or otherwise materially impair the lien created by this Security Insmm~t or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be d/$missed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate inforv~rlon or stateme-ots tO Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representatious concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument ia leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, thc lense, hold and the fee title shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights in the Property. If Borrower fails to peri, tm the covenants and agreements contained in this Security Instrument, or there is a legal preceding that may significantly aflhct Lender's rights in the Propt¥/ty (such as a pro'e~,.~fing in bankruptcy, probate, for condemnatio~ or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Prope~y and Lender's rights in the Property. Lendel"s actions may include paying any sums secured by a lien which has priority over this Security Instroment, appearing in court, paying reasonable attorueys' fees and entering on thc Property to make repairs. Although 1-~,nder may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this pa.,'agraph 7 sh:*!l becor~v additional d~bt of Borrower secured by this Security' Instrument. Unles.s Borrower and Leader agree to other terms of payment, these amounts shall bear interest from thc date of disburscmem at the Note ram and shall be payable, with interest, upon notice from I.m~der to Borrower requesting payment. 8. Mortgage Inenranen. If Lender required mortgage insurance as a condition of m,xking the loan secured by this ,SeCurity Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance prcwiously in effect, at a cost substantially equivalent to thc cost to Borrower of the mortgage lusur~ce previously in effect, from an alternate mortgage inseror approved by Lender. If substantially equivalent mortgage insurance coverage is not avallshle, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premiu~ being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss rnscrvc in lien ol~ mort, jla/[e insurance. Loss reserve ~(~-6H{PA, ,~4, o,.o2 .~cc,-~^ ,~. am, ~,..o. a of. ]LOun No.(~ 039 9190 payments may no longer be required, at the optim~ et' Lender, it'mortgage insuran, crape (in the anaount and/hr the perio Ihat Lender requires) provided by an Insurer approved by Lender again becomes available and is obtained, Borrower shall Pa the prcminms required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the requirement for mortgag insurance cods in accordance with any written agreement betwecn Borrower and la,'nder or applicable law. 9. Inspection. Lender or its agent may w.~e reasonable entries utx~n and inspections of the Property. Lender shall giv, BOrrower notice at thc time of or prior to an inspection specifying reachable cause for thc inspection. 10, Coudemnatian. The proceeds of any award or claim for damagas, direct or consequemial, in connection with an,. condenuuttion or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby a~igned shall be paid to Lcnder. in the event ora to,al raking 0[ the Property, the proceeds shall be applied to the auras secured by this Security Instrument whether or not then du~, with any excess paid to Borrower. In thc =vent of a panini taking of the Property in which the fai~ market value et' the Property immediately b~tbre the taking is eqtt~ to or greater than thc ammmt of the stul~ secl~ed by thi~ Security Instrument immediately befor~ the taking, unless Borrower and Lender otherwise agree in writing, thc surn~ ~ b this Security lus~ment shall be reduced by the amount of thc p~s multiplied by th~ following fraction: ia) the amount et' the sums secured immediately before thc taking, divided by (b) the fair market value of the Property ilxh-tl~diatel) before the taking. Any balance shall be paid to BOrrower. In the event of a partial takint of the Properly in which r, he iai] market value of thc Property immediately before the taking is less thitn the amount of the sums secur~l immediately before th~ taking, unless Borrower and Louder otherwise agr~ in writing or nnless applicable law otherwise provide, thc proceeds shall be applied to.the sums ,secured by this Security Iastrnrfwat whether or not the sums are then due. If the Property ia abandoned by BOrrower, or If, after notice by Lender to Borrower that ~ comtenntor offers to make aa award or settle a clairtt tbr damage.s, Borrower fails to respond to Lender within 30 days al(er the date the notice is given, Lander is anthorized to collect and apply the prno~ls, a~ i~s option, either to restoration or repair of the Property or to the stt~ secured by this Security Instmmcmt, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of procceds to principal shall not extend or postpone the duc date of the monthly payments roles-red to in paragraphs 1 and 2 or change the amount el' such paymants. 11. Borrower Not Released; Forbearance By l~nder Not a Waiver. Extension offl~ tim= for payment or modification of amoni~,ation of the sums s~ured by this Security lnstrun~at grant~ by Lender to any succ~sor in intel'est of Borrower almll not operate to release the liability oftbe original Borrower or Borrower's successors la intarest. ~ shat[ not: be reqnlr~xi to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums ac, cared by this S~'uri~y Instrument by reason of any d~nand made by the original Borrower or Eorrower's suer~sors in interest. Any forbearance by Limder in cxc. rcising any ~ght or ~y shall not be a waiver of or preclude the ~xercise of any right or remedy. 12. Successors and A~igns Bound; Joint and Several Liability; Co-sign~r~. The covenants and agreements of this ,.~curity [nstrulllellt ,shall bind a~l benefit the suceessol3 and aasigl~s of Lc',ader and Borrower. sub}oct to the provisions of paragraph 17. Borrower's coveuaats and agr~Cnnents shall be joint and several, Any Borrower who co-signs this Security Insl'lnime,at but do~; not execute the Note: ia) ]1; co-signing this Security Instrument only to mortga~, grant and convey that Borrower's interest in the Property trader the ~ of this Sccority Instrument; Co) is not personally obligated to pay the sur~ secur ~"~ by this Security Instrument; and (c) agrt~s that Leader and any other Borrower may agree to =xtend, modify, forbear or make any accommodations with regard to the terms of this Security lasmmaent or the Note without that Borrow~'s consent. 13. Loan Charge. If the loan secured by this S~urity Instnmaent ia subject to a law wltich sor~ nlaximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the p~nnlrted limit~, then: ia) any such loan charge shall be reduced by the aroannt n~,ssary to r~duce thc charge to the pertained limit; and (b) any sums already collected imm Borrower which encoded permilted limits will be refunded to Borrower. Lender may choose to make this t~fund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a r=fund reduces Inincipal, the reduction will be treated aa a partial pr=payment without any prepayment charge under the Note. 14. Notice, Ally notice to Borrower provided ~br in this ,~curlty ln,stnlment shall be given by dclivecing it or by mailing it by first class mail unless applicable law reqtiil~s uae of another tnethud. The notice shall be direc~d to the Property Addr~a or any other addre~ Borrower designates by notice to Lender. Any notice to l-coder shall be glwm by Iir~t cla~ mail to I.~'ader's address stated herein or any other address I..cncler designates by notice to Borrower. Any notice provided for in this S~curity Instrument shall be d~med to have been given to Borrower Or L~ader wheu gives as provided in this paraglaph. Is, Governing Law; ~everability. This Security Iastroment shall be gov~m~xi by federal law cud ~ law of the jurisdiction in which thc P~operty is located. In the event that any provision or clause of this Security Instrument or the Note t~mflicts with appltcabl~ law, such conflict shall not affect other provisions of thla Security Iastrum~t or the Note whir, h can be given effect without the conflicting provision. To this cad the provisions of thl.s S~,'urity ll~s~t and the Note ar~ declared to be s~verabl~. 1~. Borrower's Cop},. Borrowes shall be given one eontbtnned copy of the Note an~l,~Ithis S~rity Instrument. 17. TrntL'ffer of thc Property or a Benefleinl Interest in Borrower. If all or any part of the Property or any i~lcre~t in i is sold or Iransferred (or if a bet~e~]cial interest in Borrower is sold or transferred and Borrower is not a :taturaI person) withoo Lender's prior written con.'vent, Lender may, at its option, require immediato payment in full of all sams secured by Security lnstmtnent. However, this option shall not be exerci.~cxl by Lender if exerciac is prohibit~l by federal law as of the dat~ et' this Security instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The aoti~e shall provide a period of no leas than 30 days from thc date the notice is delivered or mailed within which Borrower must pay all sums secured by thil 5eairlty Instrunent. if Borrower tails to pay these sums prior to the expiration of this l~rind, Leader may invoke any renladie~ permitted by this Security Instrument without further notice or demand on Borrower. 18o Borrower's Right to Reinstate. Il-' Borrower racers certain cop. ditinns, Borrower shall have th~ right to have enforcernc'nt of this Se~:urity Instrument discontinued at any tirn~ prior to the earlier of: (a) $ days (or such oth~ period applicable law may specify for reinstatement) before sale of, the Pro. p~ty pursuant to any power of sale contained ia thit Security Instrument; or Co) entry of a judgment enforcing this ,~;ufity lmStrumenL Those condition.are that Borrower: {a) payi Lender 'all sums which then would be due under this Security Instrument and the Note as if no acceleration h~ occurred: Co) cures ,'my default of any other covenan~ or agreements; (c) pays all expenses incurred in enlbn:ing this Security Instrument, including, but not llraited to, reasonable attornoys' fees; and (d) takes such action as Lender may reasonably require to ~sure that the lien el this Security ir~rument, Lender's rights in the P,r~rty and Borrower's obligation to pay the sums ~ecured by this Security Instrument shall continue enchanged. Upon reinstatement by Borrower. this Security Inatrunvant and the obligations secured hereby shall remain fully effective as if an acceleration had occurred. However, this right W reinstate ~all not apply in the case of ~.~. Oration under paragraph 17. 19. Sale of Note; Chn~..oo of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrumen0 may be sold one or more times without prior notice to Borrower. A sale may result ira a change in the entity (known as the "Loan Servicer~) that enlists monthly payments due under the Note and this Security I[nstT,~rn~it. There also may b~ one o.r more .changes of the Loan Servi.cer umelated to a sale of the Note, If the~ is a change of the Loan Servicer, Borrower will be g~ven written notice of the ch~ge xn accordance with paragraph 14 above and applicable law. The notic~ will state the name and address 0t: the new Loan Servteer and the address to which paymeni~ should be made. The notice will al*o contain any other information required by applicable law. 20. Hazardous Subston~n. Borrower shall not cause or peranit the presence, u~e, dispo.sal, storage, or rdease of/my IIazardous Substances on or in the PrOgeny. Borrower shall not do, nor allow anyone else to do. anything aff~dag the Property that is in violation of any Environmental Law. The preceding ~wo sentences droll not apply to the pr~ence, use, or storagu on the Pro~n'y o.f small quantitie~ of Hazardou~ Substances that are generally recognized to be appropriate to normal residential uses ancl to maintenance of the lh'open'y. Borrower shall pr0mptly give Lender writ~t notice of ~y investigation, claire, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borruw,r has actual knowledge, if Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other rt.nnadiation et'any Hazardous Substance affecting thc Property is raeceasary, Borrower ,shall promptly take all necessary remedial a~tloas in acco~n~ with Environmental Law. As used in this paragraph 20, #I.-Iazardous Substances" are those sobslaneam defined as toxin or haza_,dous sui0.stance~ by Environmental Law and thc ibllowing ~ubatancea: gasoline, keroaen~, other ~l~mmable or toxic petroleum products, toxic pe,.s, ticides and herbicide.s, volatile solvents, materials containing ashestoa or forum, dehyde, and radioactive materials. As ~ in th~s paragraph :20, "Environmental Law" means federal laws and laws of the jufiadi~ion whea'e the Property is lo~ated that relans to health, safety or enviwarnental protection. NOiN-UNn~ORM COVI~NANTS. Ben,wet and Lender farther covenant and agree as follows: 21. Acceleration; Remedies. Lender shall ~ive noflc~ to Borrower prior to aecpJeratlon follow~g llotmower~s branch of any cov. en~nt or agre~nent irt this Security ln-ntrnment (but not prior to acceleration under paragraph 17 unless applicable taw provides otherwise). Leader shall notify Borrower of, among other things: (a) the ddault; Co) the action required to cure the rid'cult; (c) when the default must be cured; and (d) that fallur~ to cure the default as spt. dried may r~ult in acceleration of the ~,m, secured by this Security lastnnnent, foreclo~tr~ by judidal proe~ling and sale of the Property. Lender nh,,,!l further lnl'orm Borrower of the tight to nflnstate after actmlerntinn and the right to a,ss~ in the foreclosure proceeding the nOn.existence o/' a ddanlt or any other defense of Borrower to acceiarntinn and fort'closare. Il' the default is not cured aa ~...l~ed, Lender, at its option, may requir~ immedinta payment in full of all sums secured by this Security Instrument vathout further demand and rony forlmlese this Saenrtty Ina'trument by judkial proceeding. fLnender ahnll be mtltled to collect all ~xpens~s incurred in puranlrql the remedies provided in tics paragraph 21, eiudlno=, but not limited to, attorneys' fe~ and costs of title ~vlden~e to the extent permitted hy applicable law. 22. Rden.se..Upon payment of all auras seethed by this Security Int~tmment. this Security Inutrum~ and tho estate conw'yed .shall terunaate and become void. After such occurrence, Leader shall di~charge and satisfy this Security I.~trument ~n Borrower: Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security strumant, out only if thc i've is paid to a third party for services renaered and the charging of the f~ is permitted under applicable law. 23. Waivers, Bol'wwer, to the extent permitted by applicable law. waives and releases any error or defec~ in proceedings to enfO. rce ~i.s Security In.stmment, and hereby walvea the benefit of any present or future laws providing for atey of execution, · extenswa or t~me, exemption from attaclm~,nL levy and sale, and homestead exeanption. 24. Reil~taternent Period, Borrower's time to rein~tete provid?d in paragraph 18 shall extend to one hour prior to the commencement of bidding al: a sheriffs sale or other s~e puranant to th~$ $~,.-'urity Instrument. ?S. Purchasn Money Mortgage. If any of the debt secured by this Security Instrumet~ is lent to Borrower to acquire title to thc Proper~y, this Security Instrument shall he a purchase mon6,y.mortgage. ~ _ 26. inter~t Rate After Judgm~it. Rorrowcr atla'es that the interest rate pay~'e after ajudgment is ~tered on the Not, or in an action <H' mortgage foreclosure shall be the rate payahlc from time to time under the Note. 27. Riders to this ~'~'curity Instrument. If one or mor~ riders are executed by Borrow~ and recorded together with ~i~ Security Instrument, the covenants and agreements of each such rider shall be inco~pontted into at~d shall amend and supplem~' the covenants and agreements of this Security Instrument as if tile Hder(s) were a part of this Security I~trument. [Check applicable AdJus[able Rate Rider ~ Condominium Rider [~ 1-4 Pamily Rider Graduat~l Payment Rider ~ Plam~'d Unit Development Rider ~=~ Biweeldy Payment Rider Balloon Rider ~=~ Rate Improvement Rider I I Second Home Rider VA Rider . ~ Other(s) [sp~'ify] BY SIGNING BELOW, Borrower a~zepts and agrees to tho tenm~and c, ovemms contain~ this Security Instrument ami in any rider(s) exevuted by Borrower and recorded with lt. // (se~d) (Seal) . (,~al) Certificate of Residence ~..~ the within-named Mortgagee is ' 1100 TOWN & COUNTRY RD., STE. 2(10 · do hereby certl~ that the correct addr~s of ORANGE, CA 92868 WiLne~$ my hand tiffs ~'0 day of A$~nt o~ Mott~gee ,.,' ',\ ~ I-" COMMONV~EALTH OF PF./¢NSYLVANIA~ C Co~t~ ~, .,." ' ~n whose ~ I ~ ~b~ to ~e wi~in ina~t ~ ~wi~ ~ ~.fi~":'.~/',{' ~ ",,. ex~a~ ~e s~c for ~ IN WITNESS WH~EOF, 1 My Co~ission ~pire,:. No,ariel Seal Susan B. Miller, Notary Oul~Ilc Caml~ Hill ~:)ro, Oumberian~l ~uniy My Come.ion E~i~ J~e ~4, 2~2 ~-6H(PA) ~g4~o).o~ ~A~EVII~ Title ef O~r Loan Ny14623388 $69~ Form 30;39 9/90 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGE8 IN MY INTEREST RATE AND MY MONTHI PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TI MAXIMUM RATE I MUST PAY. December 23, 1999 ORANGE CA [Date] [City] [State] 317 b'I~ATE b'Y ENOLA, PA 17025 pm;~ Adclmea] BORROWER'S PROMISE TO PAY In return for a loan that I have received, I pr~nise to pay U.S. $ 24,200.00 (this amount called 'principal'), plus interest, to the order of the Lender. The Lender is I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled receive payments under this Note Is called the "Note Holder.' INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will ~ Interest at a yearly rate of ][4.290 %. This interest rate I wlii pay may change in accordance with Se~on 4 of this Note. The interest rate required by this Section 2 and Se~on 4 of this Note is the rate I will pay both before and after any defa described In Section ?(B) of this Note. PAYMENTS (A) Time and Place of Payments I will pay pr~ndpaJ and interest by ma~ng ~ymen~ eve~ mon~. I will make my month~ ~ymen~ on ~e flint day of each ~n~ ~gthn~ng on F~r~ry I, 2000 I will make ~e~ pa~enffi ~ ~n~ until I ~ve pa~ all ~ ~e pdn~pei and i~mst ~d any o~er cha~es de~rib( ~low ~at I may OWe un~r this No~. My ~n~ paymen~ wgl ~ appl~ ~ ~t ~m princi~l. If, on 3a~ i, 20~ , I ~11 owe a~un~ u~er ~ls Note, I ~11 p~ ~ a~un~ In furl on ~at de~, ~ich is cell~ "Matu~ Da~." I ~1[ ~ke ~ pay~ at: S~ ~ ~ ~, ~E. ~ ORANGE, CA ~ or at e distant place ~ ~uimd by ~e Nob Holder. {e) Amount of My thltlal Monthly Payments Each of my inilJal monthly payments will be in the amount of U,S. $ vhange. 327.02 This amount (c) Monthly Payment Change~ Changes In my monthly payment will reflect changes In the unpaid principal of my loan and in the Interest rate that I must pa'. The Note Holder will determine my new Interest rate and the changed amount of my monthJy payment in accordance wit Section 4 of this Note. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of Ja~uar~ I, 2003 every sixth month thereafter. Each date on which my interest rate could change Ja called a "Change Date." and on that da Loan No. 14~25388-$69'7 Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date wilt not be greater than or less than 14.290 %, Thereafter, my interest rate will never be Irlcreasad or decreased on single Change Date by more than One percentage point(s) ( 1.000 %) from the n of interest I have been paying for the preceding six months, My interest rate will never be greater than 20.29~ or less than 14.290 %, Effective Date of Changea My new interest rate will become effective on each Change Date. J will pay the amount of my new monthly payment beginni on the flint n'~nthly payment date after tile Change Date until the amount of my monthly payment changea again. (~) Notice of Changes The Nots Holder will deJlver Or mail to me a notice of any changes in my Interest rate and the amount of my monthly paym( before the effective date of any change, The notice will Include information required by law to be given me and also the ~ and telephone number of a person who will answer any quest~3n I may have regarding the notice. BORROWER'S RIGHT TO PREPAY I may repay this Note at any t/me as pmvidad for in this paragraph, If, within five (5) years from the date of the execution of t Mortgage or Deed which secures this Note, I make a voluntary or Involuntary prepayrrlent dudng any consocuUve twelve (1 month pedod of any amount in excess of twenty pemest (20%) of the origins] principal amount of this Note, I agree to pa~ prepayment charge equat to six (6) months advance interest on all amounts paid In excees of my scheduled monthly payments ti' have come due as of the date of prepayment. 6, LOAN CHARGES If a law, which applies to this loan and which sets maximum lean charges, Is §nelly interpreted so that the interest or other Io charges collected or to be collected In connection with this loan exoeed the permitted limits, then: (i) any such loan charge shall reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me whi exceeded permitted limits will be refunded to mo. The Note Holder may choose to make this refu~ld by reducing the pdnoipal I o~ under this Note or by making a direct payment to me. If a refund reduces the pdr~clpal, the reduction will be treated es a pad prepayment. 7, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount ut any monthly payment by the end of fitteezi oatsndar days after t date it is due, I will pay a Pate charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue paym~ of prthclpal and ;ntereaL I will pay this late charge pmmptty but only once on each late payment. (B) Default If I do net pay the full amount of each monthly payment on the date it is due, I will be in defalJit. (c) Notice of Default If I am in default, the Note Holder may sand ma a written notice telling me that If I do not pay the overdue amount by a ced; date, the Note HoMer may require me to pay Immediately the fu~l amount of principal which has not been paid and all ti Interest that I owe on that amount, The date rnu~t be at least 30 days aftsr the date on which the, notice is delivered or mail~ to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Hctdar does not require me to pay Imnledlately la full as described above, Note Holder will still have the right to do so If I am In default at e later time. Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately In full as dsscfibed above, the Note Holder will have the fight to I paid baoX by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Tho~ expenses include, for example, reasonable attsmeys' fees. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by dailvedn{~ or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a not,ce my different address. Any notice that must be siren to the Nato Holder under this Nc3te will h~. nivm~ hv m~ilinn it hv flint rln~ mall fn Ih. Un I Loan No. 14625388-$697 11. UNIFORM SECURED NOTE This No[e Is a unifo.rm instrument with limited variations in some jurisdictions. In addition, to the protections given to tho N~ Holder under this Note, A Mortgage, Deed of Trust or Securi[y Deed (the 'Security Instrument'), dated the same as this Ne protects the Note Holder flora possible losses which might result i~ I do not keep the pmmlff~,S that I make in this Note, That Secudty Instrument describes how and under what conditions I may be requited to make immediate payment in full of all amounl owe under this Note..~ome of ~oae conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any pert of the Property or any interest in it is sold transferred (or if a beneficial interest in Borrower is sold or tmnsterred and Bah'ewer Is not a natural person) without the Lende prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security lnstrume However, this option shall not be exercised by Lender if exemiae is prohibited by federal law as of the date of this Secur Instrument, Lender also shall not exemlse this option if; (a) Borrower causes to ha subnliffed to Jander information required Lender to evaluate the intended transferee as If a new loan were being made to the t~a~lm"eres; and (b) Lender reasoner determines that Lender's security will not be impaired by the loan assumption and that the dek of a breach of any covenant agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a ma~0nable fee as a condition of Lender's consent to the Io; assumption. Lender. may also require the transferee to sign an assu~lpticn agreement that is acceptable to lender and tl~ obligates the transferee to keep ail the promises and agreements made In the Note and In this $ecerlty Instrument. Borrower v continue ~ b~ obligated under the Note and this Security Instrument unless Lender releases BorrOwer in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The neff, shall provide a pedod of net less than 30 days from the date the notice Is delNerod or mailed within which the Bom0wer must p; all sums secured by this Security Instrument. If Bom~wer fails to pay the.~e sums prior to the expi~;ation of thio period, Lender m~ invoke any remedies permitted by this Ssourity In$fl'umerlt without further ilotk;e or demand on Borrower, 12, GOVERNING LAW PROVISION This Note and the related Security Interest are govemed by the Alternative Mortgage Transaction Padty Act of 1982, 12 USC §3802 et, seq,, and, to the extent not Inconsistent therewilh, Federal and State Jaw applicable to the jurisdiction of It Property. Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforCing repayment of a del: Including promises to extend, modify, renew or waive such debt, are not enforceable. This whiten agreement contains all tF terms the Borrower(,,) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or Instrument which s~urea this Note, must be in a signed wrtflng to bo legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. y ' mc A h ' tlowznO (se-a) -Borrower ._(Seal -Borrowe (Seal) (Seal -Borrower -Borrowe MATTLEMAN, WEINROTH & MILLER A PROFESSIONAL CORPORATION COUNSELLORS AT LAW October 25, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE OF COUNSEL PHiIJ~DELPHIA 902/55210 This is an official notice that the mortaaae 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 pa(~es The HOMEOWNER's MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save vour home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Aaencv 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 c~uestions, you may call the Pennsvlvania Housing Finance Ac~encv toll free at 1-800-342-2397. (Persons with impaired hearin(~ can call (717) 780-1869. October 25, 2000 Page 2 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 n your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA HOMEOWNERS' NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: InterSay Funding Richard H. Frey 317 State Street Enola, PA 17025 0000123748 Amedquest Mortgage Company Bay View Financial Trading Group, LP, an affiliate of 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 IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ]1~ YOUR DEFA, U]~I' ~ ]~EEN CAUSE]) ]}¥ CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLETO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed atthe end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"/EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. October 25, 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of desiQnated consumer counselinc~ ac~encies for the count,/in which the DreDertv 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 fir specific information about the nature or 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 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin¢~ it un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 317 State Street Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: October 25, 2000 Page 4 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 2000 to October 1, 2000 at $327.02 per month Late Charges - $0.00 TOTAL AMOUNT PAST DUE: $1,308.08 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of this date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $1,308.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made Payable and sent to: Bawiew Fiancial Tradin~ Groul3, LP, an affiliate of Interbav Fundinq 2601 South Bayshore Drive, 4th Floor Miami. FL 33133 IF YOU DO NT 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 ful'l payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. October 25, 2000 Page 5 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HqW TO CONTACT THE LENDER: Name of Lender: Bayview Financial Trading Group, LP, an affiliate of Interbay Funding 2601 South Bayshore Drive, 4~ Floor Miami, FL 33133 Phone Number: 1-800-457-5105 Contact Person: Loan Servicing Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff' Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not 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 ara paid prior to ir at the sale and that the other requirements of the mortgage are satisfied. Please contact: Bayview Financial Trading Group, LP, an affiliate of Interbay Funding 2601 South Bayshore Drive, 4~ Floor Miami, FL 33133 1-800-457-5105 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 THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. October 25, 2000 Page 6 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW S aron Cms Morg~,,~, ~.~u.e Mattleman, Weinroth & Miller STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDf ss. Robert P Ziegler ............................................................................. Recorder of Deed~ ~n and for said County and State do'hereby certify that the Sheriff's Deed in which ................ Interbay Funding LLC .................................................................................... /~ thc grantee 6th the same having been sold to sa~d grantee on the ............................................... day of March ........................................ A. D., ..' 20_=0_2._, under and by virtue of a writ .............. Execution 27th ................................................ bsued o~ the ..................................... November 2001 day o~ .......................... A.D., ..... , out of the Court of Comman Pie. az o~ said County~ns of Civil 2001 .................................................................................. Term, i ...... Interbay Funding L L C servicer for First Union Natl Bk Tr ~fu ~ 1250 moer .............. , at the suit of ......................................................... Richard H Frey aka Richard Howard' ~y- ................................... against .................................................... is 252 1564 duly recorded in Sheriff*s Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hcreunt~ t ty/~d and seal of said office tbs _c~ ...... day Interbay Funding, L.L.C., as Servicer for In The Court of Common Pleas of First Union National Bank, as Indenture Cumberland County, Pennsylvania Trustee Writ No. 2001-1250 Civil Term VS Richard H. Frey a/Ida Richard Howard Frey Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on December 11, 2001 at 1:50 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Richard H. Frey a/k/a Richard Howard Frey, by making known unto Lisa Barbour, Adult in charge, at 317 State Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 1:55 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard H. Frey a/k/a Richard Howard Frey located at 317 State Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Richard H. Frey a/k/a Richard Howard Frey, by regular mail to his last known address of 317 State Street, Enola, PA 17025. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Sharon Oras morgan for Interbay Funding, LLC, a Delaware Limited Liability Company. It being the highest bid and best price received for the same, Interbay Funding, LLC, a Delaware Limited Liability Company of 2601 S. Bayshore Drive, Miami, FL 33133-1409, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $699.43 it being costs. Sheriff's Costs: Docketing $30.00 Poundage 13.71 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.50 Certified Mail .82 Levy 15.00 Surcharge 20.00 Law Journal 237.50 Patriot News 212.70 Share of Bills 24.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $699.43 paid by attorney 06/19/02 Sworn and subscribed to before me So Answ~ers:,,~ This ~ff~day of ~ mas Kline, Sh 2002, A.D. Real Estate Deputy MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE SUITE 2226 ~ LAND TITLE BUILDING BROAD & CHESTNUT STREETS PHILADELPHIA, PA 19110 215/923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C., AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff VS. RICHARD H. FREY A/K/A RICHARD HOWARD FREY Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2001-01250-P AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Interbay Funding, LLC, As Servicer For First Union National Bank As Indenture Trustee, Plaintiffin the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 317 State Street, Enola, PA 17025: I. Name and address of Owner(s) or Reputed Owner(s): Richard H. Frey a/k/a Richard Howard Frey 317 State Street Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment: Richard H. Frey a/Ida Richard Howard Frey 317 State Street Enola, PA 17025 3. Name and address of every judgment creditor whosejudgment is a record lien on the real property to be sold: ~ , Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee (Plaintiff herein) 2601 South Bayshore Drive, 4~ Floor Miami, FL 33133 Child Support Enforcement Agency 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee (Plaintiff herein) 2601 South Bayshore Drive, 4~ Floor Miami, FL 33133 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant, 317 State Street Enola, PA 17025 7. Name and address of every person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Occupant, 317 State Street Enola, PA 17025 I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements hereinl are made subject to the penalties of 18 Pa. C;S. Section 4904 relating to unswom falsification to authorities. #60068 Sworn and Subscribed to before me this .~.~-~lay of 902/55210 ·2001. K~-RRI K. HOUDAY'~-'-''' A NOTARY PUBUO OF NEW JERSEI' MY OOMMI8810N EXPIRE8 ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county Permsylvania, being more particularly bounded and described as follows: BEGINNING at a point at the comer of lands of $oim Miller and the State Road, thence in an easterly course, along said road fifty non ($9)feet to the comer ora ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifly five (55) feet to the run; thence up said run, in a northwast~rly course, sixty eight (68) feet to a comer adjoining Rupley lot at the nm; thence in a northwesterly course, by said nm fifty eight ($8) fe~t to a point at the comer of land of $ohn Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It being improved by a one story frame dwelling house, known as 317 State Str4eet, West Fairview, Penn.~ylvani~ · ~: PARCEL ID NO.: 45-17-1044-140 MATI'LEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID #60068 Suite 2226 - Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C., AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff VS. RICHARD H. FREY A/K/A RICHARD HOWARD FREY Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : : : : NO.: 2001-01250-P :NOTICE OF SHERIFF'S SALE OF :REAL PROPERTY :PURSUANT :TO PENNSYLVANIA RULE OF :CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 317 State Street, Enola, PA 17025 is scheduled to be sold at Sheriff's Sale on March 6, 2002 at 10:00 am in Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the Court Judgment of $28,754.93 obtained by Interbay Funding, L.L.C., As Senfcer For First Union National Bank As Indenture Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent tb./s Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Sharon Oras Morgan, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you. must pay, you may call Sharon Oras Morgan at 215-923-2225. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the m6i'e ' i: ~ chance you will have of stopping the Sale. (See Notice below and how to obtain an attorneY); YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Sharon Oras Morgan at 215-923-2225. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriffthe full amount due on the Sale. To find out if this has happened you may call Sharon Oras Morgan at 215-923-2225. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have 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. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your home will be filed by the Sheriff on April 6, 2002. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is- wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediateiy after the Sale. YOU SHOULD TAKE THIs PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIF~ OFFICE LISTED BELOW TO FIND OUT WlqrERE YOU CAN GET LEGAL [rE~LP. 902/55210 Cumberland County Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 1-717-240-6200 ALL that tract or parcel of land situate in the Borough of West Falrview, Cumberland county Pennsylvania, being more particularly bounded and described as follows: BEG/NNING at a point at the comer of lands of John Miller and the State Road, thence in an easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said run, in a northwesterly course, sixty eight (68) feet to a comer adjoining Rupley lot at the run; thence in a northwesterly course, by said run fifty eight (58) feet to a point at the comer of land of John Miller (formerly Mrs. Israel); thence by said land of Johtl Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It being improved by a one story frame dwelling house, known as 317 State Str4eet,-West Falrview, Pennsylvania. PARCEL ID NO.: 45~17-1044-140 WRIT OF EXECUTION and/or ATFACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF C%~berland To satisfy the debt, interest and costs due ~rom NO. 0'/-l?~n CIVIL 1,9X TERN CIVIL ACTION ~ LAW COUNTY: __Interbay Funding, L.L.C. as Servicer for First Union National Bank as Indenture Trustee PLAINTIFF(S) Richard H Frey a/k/a Richard Howard Frey, 317 State Street, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Leqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNiSHEE(S) as fellows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/am enjoined from paying any debt to or for the account of the defendant(s) and Imm delivering any properly of the defendant(s) or otherwise disposing thereof; (3) Il 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 notiff/him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $28,754.93 Intemsl frc:m 5/15/01 to '~/6/01 $2,77q.00 Atty's Comm % Atty Paid S109.30 Plaintiff Paid L.L. $. 50 Due Profhy $1.00 Other Costs Date:_ November 27, 2001 REQUESTING PARTY: Name_ sharon Oras Morgan, Esq. Address: Land Title Building, Suite 2226 Philadelphia, PA 19110 A~orney for: --Plaintiff Telephone: 215-923-2225 Supreme CourlIDNo. 60068 Curtis R. Long Prothonotary, Civil Division REAL ESTATE SALE No. ~q On December 7, 2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of West Fairview n/k/a East Pennsboro Township, Cumberland County, PA, known and numbered as 317 State Street, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 7, 2001 R~al E~tate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller 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/ Metre editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he 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 he 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. Pua.cAT o, ......................... ..... 22 ........................ COPY Sw*r- *~ *nd '~vb~_r'b d b o nd d_,/.., ebrT_.~-002 A.D. My Commission Expires June 6, 2002 Walt Ne. t001-12~ NOTARY PUBLIC CIIdl'lk*~ Member, Pennsyivanta Association ot N(~e~ornmission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 21 1.20 $ ~ .5o $ 212.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sund~v Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : _. COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in thc regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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. Writ No. 2001-1250 Civil Interbay Ftmding, L.L.C. as Servicer for Flrat Union National Bank Indenture Trustee VS. Richard H. Frey a/k/a Richard Howard Frey Atty.: Sharon Morgan ALL that tract or parcel of land situate in the Borough of West Falrview, Cumberland county Penn- sylvania, being more particularly bounded and described as follows: BEGINNING at a point at the cot- net of lands of John Miller and the State Road, thence in an easterly course, along said road fifty no~p ~59) Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 IN THE COURT OF ~ PLEAS OF CLlwnw.~ CCUNTY, PENNSYLVANIA CML DMSION Caption: Interbay Funding, L.L.C., as Servicer For Ftrs£ Union National Bank As Indenture Trustee vs. R~chard ~. Frey a/k/a Richard Howard Frey : File No. 2001-01250-P Amount Due $28,754.93 Interest from 5/15/01 to 3/6/01 $2,773.00 Atty's Corw~ Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retai] instal3znent sale, contract, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as a~ended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTIf~ Issue writ of ~cution in the above matter to the Sheriff of O~berland County, for debt, interest and costs upon the following described property of the defendant(s) Richard H. Frey a/k/a Richard Howard Frey PRA~CIPE FOR ATr~ EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, .directing attachment ~gainst the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 317 State Street, Enola, PA 17025 (See attached legal description) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: October 28. 2001 Signature: ~~ Print Name: Sharon Oras Morgan, Esquire Address: Land Title Buildin4~, Suite 2226 Philadelphia, PA 19110 Attorney for: Plaintiff Telephone: (215) 923-2225 Supreme Court ID No.: 60068 ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county Pennsylvania, being more particularly botmded and described as follows: BEGINNING at a point at the comer of lands of John Miller and the State Road, thence in an easterly course, along said road tiff7 non (59) feet to the corner of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fii~y five (55) feet to the nm; thence up said nm, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the nm; thence in a northwesterly course, by said run fifty eight (58) feet to a point at the comer of land of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It be'rog improved by a one sto~y flame dwelling house, known as 317 State Str4eet, West Fairview, Pennsylvania. PARCEL ID NO.: 45-17-1044-140 MATTLEMAN, WE1NROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE SUITE 2226 - LAND TITLE BUILDING BROAD & CHESTNUT STREETS PHILADELPHIA, PA 19110 215/923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C., AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff : VS. RICHARD H. FRE¥ A/KJA RICHARD HOWARD FREY: Defendant : : NO.: 2001-01250-P AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Interbay Funding, LLC, As Servicer For First Union National Bank As Indenture Trustee, Plaintiffin the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 317 State Sheet, Enola, PA 17025: 1. Name and address of Owner(s) or Reputed Owner(s): Richard H. Frey a/k/a Richard Howard Frey 317 State Street Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment: Richard H. Frey a/k/a Richard Howard Frey 317 State Street Enola, PA 17025 3. Name and address of every judgrnent creditor whose judgment is a record lien on the real property to be sold: Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee (Plaintiff herein) 2601 South Bayshore Drive, 4t~ Floor Miami, FL 33133 Child Support Enforcement Agency 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee (Plaintiff herein) 2601 South Bayshore Drive, 4th Floor Miami, FL 33133 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant, 317 State Street Enola, PA 17025 7. Name and address of every person of whom the pla'mtiffhas knowledge who has any interest in the property which may be affected by the sale: Occupant, 317 State Street Enola, PA 17025 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. #60068 Sworn and Subscribed to before me this ~2do~"day of O~o,.~.r~a.~ 902/55210 MY ~".I~'IB~'I ~ WlI/IIOQ4 ALL that tract or parcel of lend situate in the Borough of West Fairview, Cumberland county Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point at the comer of lands of John Miller and the State Road, thence in an easterly course, along said mad fifty non (59) feet to the corner of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifty five (55) feet to the nm; thence up said nm, in a northwesterly course, sixty eight (68) feet to a comer adjoining Rupley lot at the mn; thence in a northwesterly course, by said mn fifty eight (58) feet to a point at the comer of land of John Miller (formerly Mrs. Israel); thence by said land of Jotm Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It being improved by a one story fi'ame dwelling house, known as 317 State Str4eet, West Fairview, Pennsylvania. PARCEL ID NO.: 45-17-1044-140 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS RICHARD H. FREY A/K/A RICHARD HOWARD FREY INTERBAY FUNDING, L.L.C., AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE RICHARD H. FREY A/K/A RICHARD HOWARD FREY 317 STATE STREET ENOLA, PA 17025 NO.:2001-01250-P The above captioned property is scheduled to be sold at Sheriff's Sale on March 6, 2001 at 10:00 am in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriffon a date specified by the Sheriff not late than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 902/55210 Sincerely, Sharon Oras Morgan, Esquire MATTLEMAN, WEINROTH & MILLER Suite 2226 - Land Title Building Broad & Chestnut Streets Philadelphia, PA 191 i0 215/923-2225 ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point at the comer of lands of John Miller and the State Road, thence in an easterly course, along said road fifty non (59) feet to the comer of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said run, in a northwesterly course, sixty eight (68) feet to a comer adjoining Rupley lot at the run; thence in a northwesterly course, by said nm fifty eight (58) feet to a point at the comer of land of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It being improved by a one story flame dwelling house, known as 317 State Str4eet, West FaLwiew, PennsYlvania. PARCEL ID NO.: 45-17-1044-140 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID #60068 Suite 2226 - Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C., AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NO.: 2001-01250-P RICHARD H. FREY A/K/A RICHARD HOWARD FREY: :NOTICE OF SHERIFF'S SALE OF Defendant :REAL PROPERTY :PURSUANT :TO PENNSYLVANIA RULE OF :CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 317 State Street, Enolth PA 17025 is scheduled to be sold at Sheriff's Sale on March 6, 2002 at 10:00 am in Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the Court Judgment of $28,754.93 obtained by Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TI/IS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Sharon Oras Morgan, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call Sharon Oras Morgan at 215-923-2225. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attomey to assert your fights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice below and how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Sharon Oras Morgan at 215-923-2225. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriffthe full amount due on the Sale. To find out if this has happened you may call Sharon Oras Morgan at 215-923-2225. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened, 5. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a Deed to the Buyer. At that time, the Buyer may bring legal proce~tings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on April 6, 2002. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 Court Administrator 4t~ Floor Cumberland County Courthouse Carlisle, PA 17013 1-717-240-6200 902/55210 ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point at the comer of lands of John Miller and the State Road, thence in an easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said nm, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the nm; thence in a northwesterly course, by said mn fifty eight (58) feet to a point at the corner of land of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven (107) feet more or less, to the place of BEGINNING. It being improved by a one story flame dwelling house, known as 317 State Str4eet, West Falrview, Pennsylvania. PARCEL ID NO.: 45-17-1044-140 SHERIFF'S RETURN CASE NO: 2001-01250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERBAY FUNDING LLC ET AL VS FREY RICHARD H ET AL REGULAR RICHARD SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PREY RICHARD H A/K/A FREY RICHARD HOWARD DEFENDANT , at 1512:00 HOURS, on the at 317 STATE ST ENOLA, PA 17025 GARY MILLER ADULT ROOMMATE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 7th day of March , 2001 by handing to OF DEFENDANT. - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this 29 day of ~ j_~o ( A.D. ~Prothonotary t~ So Answers: R. Thomas Kline 03/08/2001 MATTLEMAN, WEINR0~ff/,.j~,//f~MILLER OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonota~ TO: Richard H. Frey a/k/a Richard Howard Prey INTERBAY FUNDING, L.L.C, AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff VS. RICHARD H. PREY a/k/a RICHARD HOWARD PREY Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : No.: 2001-01250-P NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: SHARON ORAS MORGAN, ESQUIRE #60068 MATTLEMAN, WEINROTH & MILLER 215/923-2225 902/55210 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226 - Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 215/923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C, AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaimiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RICHARD H. FREY a/k/a RICHARD HOWARD FREY : No.: 2001-01250-P : PRAECIPE TO ENTER DEFAULT JUDGMENT TO THEPROTHONOTARY Kindly enter Default Judgment in favor ofPlaintift~ Interbay Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee and against the Defendant, Richard H. Frey a/k/a Richard Howard Frey, for failure to Answer the Complaint in Civil Action - Mortgage Foreclosure. Service was on made on the Defendant, Richard H. Frey affda Richard Howard Frey via the Cumberland County Sheriff's Office on March 7, 2001. Assess damages as follows: Principal and Interest Interest from 02/26/01 to 05/15/2001 Costs TOTAL AMOUNT OF JUDGMENT $ 27,716.83 742.60 295.50 $ 28,754.93 MATTLEMAN, WEINROTH & MILLER #60068 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID #60068 Suite 2226 - Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 215/923-2225 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C, AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2001-01250-P RICHARD H. FREY aJk/a RICHARD HOWARD FREY Defendants AFFIDAVIT OF ADDRESSES COMMONVv'EALTH OF PENNSYLVANIA: SS COUNTY OF PHILADELPHIA: I, Sharon Oras Morgan, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiff's address is 2601 South Bayshore Drive, 4~ Floor, Miami, FL 33133. 2. I certify that the Defendant's address is as follows: 317 State Street, Enola, PA 17025. 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this I I~q day of ~r~.~ ,2001. lllOlTl't ANN HITCHNER A Notary Public of New Jersey My Commission Expires 6/25/2001. MATTLEMAN, WEINROTH & MILLER Sharon Oras Morgan, Esquir~ MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID # 60068 Suite 2226 - Land Title Building Broad and Chesmut Streets Philadelphia, PA 19110 Attorneys for Plaintiff INTERBAY FUNDING, L.L.C, AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff VS. RICHARD H. FREY a/k/a RICHARD HOWARD FREY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2001-01250-P AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. That the Defendants are not in the Military, Naval of Air Services of the United States of any other Country within the provision of the Soldiers' and Sailors' Civil Relief Action of Congress, as amended; and 2. That the Defendant is at least 21 years of age and resides at 317 State Street, Enola, PA 17025. The affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Sworn and Subscribed to before me this ll~ day of ~/q/tt~l ,2001. New Jersey ~ ×pires 6/25/2001 MATTLEMAN, WEINROTH & MILLER BY: ~ ~ Sharon Oras Morgan, E #60068 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID #60068 Suite 2226 - Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 215/923-2225 INTERBAY FUNDING, L.L.C, AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaimiff VS. RICHARD H. FREY a/k/a RICHARD HOWARD FREY No.: 2001-01250-P AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Pla/ntiffin the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendant(s), place ofresidencebyregularmail on April 16, 2001 and has not been returned to this office, so it can be assumed that same has been delivered to Defendant. Sworn and Subscribed to before me this 23~¢ day of "Bqo~ ,2001. My Con; !': <: MATTLEMAN, WErNROTH & MILLER Sharon Oras Morgan, Es~ire #60068 Exhibit "A" SHERIFF'S RETURN CASE NO: 2001-01250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERBAY FUNDING LLC ET AL VS FREY RICHARD H ET AL - REGT~ AR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon FREY RICHARD H A/K/A FREY RICHARD HOWARD DEFENDANT _, at 1512:00 at 317 STATE ST ENOLA, PA 17025 GARY MILLER ADULT ROOMMATE a true and attested copy of HOURS, on the 7th day of March by handing OF DEFENDANT. COMPLAINT - MORT FORE to to law, the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/08/2001 MATTLEMAN, WE INR?~ ~&~ MI LLER / t~ y ' Exhibit "B" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Prothonotary TO: Richard H. Frey a/k/a - Richard Howard Frey April 16, 2001 INTERBAY FUNDING, L.L.C. AS SERVICER FOR FIRST UNION NATIONAL BANK AS INDENTURE TRUSTEE Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. No.: 2001-01250-P CIVIL TERM RICHARD H. FREY a/k/a RICHARD HOWARD FREY Defendant NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Court Administrator 4th floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 902/55210 NOTICE PURSUANT TO FAIR DEB]: COLLECTION PRACTICES ACT, THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.