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HomeMy WebLinkAbout10-5539SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 W.96w -*A DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 10: 24 P 2' 46 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 `KING OF PRUSSIA, PA 19406 ""')Woe TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY NO: it) y- 6--Zi 0,,-,i , t Ter v Meghan M. Girroir, Known Heirs of John N Mushovic, deceased 31 West Big Spring Avenue Apartment 1 Newville, PA 17241 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Oz. 0100 Ad A'M( e* 3siq07 0 gjAgr Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased 31 West Big Spring Avenue Apartment 1 Newville, PA 17241 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 DEFENDANTS NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, OneWest Bank, FSB, the address of which is, 888 E. Walnut Street, Pasadena, California 91101, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Mortgagor(s): John N. Mushovic (b) Date of Mortgage: April 23, 2007 (c) Place and Date of Record of Mortaae: Recorder of Deeds Cumberland County Mortgage Book 1989, Page 3966 Date: April 25, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Assignee: OneWest Bank, FSB Date of Assignment: January 28, 2010 Recording Date: February 9, 2010 Instrument No.: 201003538 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 160 Stonehouse Road, Assessed As Lot 15 Stonehouse Road, Carlisle, Pa 17015 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased, 31 West Big Spring Avenue, Apartment 1, Newville, PA 17241 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. And the said John N. Mushovic died on or about February 18, 2010 thereby vesting title in Meghan M. Girroir. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of August 16,2010: Principal Balance Due Interest Currently Due and Owing at 6.75% From August 1, 2009 to October 31, 2009 Interest Currently Due and Owing at 5.75% From November 1, 2009 to August 16 2010 Late Charges Suspense/Unapplied Balance Title Report Fee Attorney Fees & Costs of Foreclosure TOTAL $96,000.00 $1,633.00 $4,369.68 $347.00 ($110.00) $250.00 $4,800.00 $107,289.68 8. Interest accrues at a per diem rate of $15.12 each day after August 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "B" in accordance with Pa.R.C.P. 1019(i). 11. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ?tt? , Z (? SHAPIRO & DeNARDO, LLC BY: Attorneys for Plaintiff S & D File No. 10-037039 13 -7 ?. A. F"Fww Br. ncow r F.S.H. .. ,.?. . w RPR 25 HIS 10 50 LM MEMO pmwof 11tre d Awmv 480 EM GOMMM PW [XmtAddoW Ma XMITM, PA 19401 (0414 amb 20 COW 4844M"109 moomemow Alter t?ea? pleas. rRt?a ta0 IBltl? jr F.S.B., C/O Docomw gmpowxmw PMWorliamrW twsogi mm 8, 901 E 104TH ST, SUM 400/500 lSkWAMW KRom CITY, MO 64131 pray. Mb Zb cool pW#pll m A M&l UPL#Pmn c ID: LM is A bowl 7111E LW For lttWd W8 DaW MORTGAGE MIN 1000SS40126n24895 110"6 Wo * wed ir1 mob)* arum of bait dootlmot as ddWW below wd albs' wads sae Mind M 8adm 3, l t. 13.11, 2S end 2t. C4000 islet tsPgdhl$ the UNP of watch meal in this dooaatetat = *a provided in SOWN 16. (A) $Seem* lbdr mOr" mms this doaament. W" is 49W April 23, 2007 wpdkcr with sU >tMm to this docuomt. OK1989PG3966 T y (L) azw ww Items" me+ms dm c ftems that are dom bed in Soction 3. (ho "ltvaoepauaoos pro"@&* ms m any cappmsatian, aWemmd, award of damsgee, or pwmeeds paid by my am posy (ate mat mmmm proceeds Vold noder tlw oomMo daudbod k Sedioa 3) for () change W. dr &mbttodm at the prnpat r; (ii) oaadadt udm or odder tsft of A of nay pert at toe Propmbc M ammom in lieu orcomem sdw or OY) Wu pmeotdioas o? at coub oas as to, We vdae md/or amd*m ottltc Pmpmty. (K) "lttlor ipp Iww acct" means inst? protecting Leader sg and the Aoopsymmt at or definlt on, the Lear. (0) apaoladle mast" meow the tolularly schemtled ammmt due far (i) prntotpsl sad i kmd under rho Note, plan (1) my wwwuda trader Seddon 3 of thk Seomny 1nsd+matt. "I MA" mewls the rieal Beme Seuloom Procadom Ad (12 U.S.C. §2601 of seq.) and its tws?stfoa,ltegtt?tids 7C f24 CdiR. Pat 3300), as ttday gtifht bo atteorwded ttatq note to little, a a4Y adWa d cr saoeassar legit Won or mljtdatlan dot gmu tlto armto subject now. As mal is tight Soculty Lesleoraeat, "1t;BSPA" ref:za to ail recpdrommt; and toltiotiaoa lhor ate ltnpoled m twdgsad to a "fedordly reisted mortgage loan" am Vdw Loam dace oat gas* us a"fo&** idled mootne WW nadafRLWPA. (Q) "8uscww it lseend of Barsower" mesas tat patty that hat tdom tltte to the Property, whether or not that POW bas mm w ammwer-s ob8g 00 under me Nate and/or this &Curity bmment TAAH?1 gMOFPJMSTB IN THE PROPE M This SW ft bAnm alt statues to Lender. (1) the mpayaent aftho Lola, and sU mwwals, oiftd m and modifadwes ot16a Nate; tad (ii) the petdarmsooe of -a coroaatt' and ardor this Saomlty Insttam m twd the Nola. For this pupnse, Batrama does bateiby mattgags, tip sad ow 4y to MRS (solely as awmioeo tar Meador and Lendar'a swoeasws sad assigns) turd to t> soccmm and the foAowing desmoW property basted to the CDM*y Of cm9moLm pkm 4>*RqawdlsgJw*dktlaf,] [Nome cfReconfi t JwWc*mj 7nncPav dmNo: um 15 SM ERUXT A A MCM HBPN MD MM A PAA'1.' 1 ' whlob m mm* hit rho Wdross of 160 OJOEBOUSE IAMD PbWdl pmasylvaala 17015 /TV code] C mpodv Addtw TT. TOOBn= WNR alt the lmprovemsenta now or hdacdtar emoted an to propott, ad all smodoft remm mmoa, aw th . now or hawft a part of the propetb?. All mpknmab std addStiose AW aiw bo covered by fib Ucm* bs t: Alf of the fa Robs is rw hMA to in lids Mm* bgnmout a the "Pxtpseq?-,• gortmwyuf ttadssalstsds and op m ad MRS holds a* fogai Ift o m the itthato b SVOW by Hotta w In this gosa ty wsdmdeok bK ifnecesmy io moly with IoN or owdoat, Idles (m n>.mbw hr La Wor od Leader's snpees m std oftm) bas Nor dgbt to ooraisa nay or alt afthaoe lo, m l l -, isoladtp f, bat oat litltiMd the tight ZatG- ---------_-- ??{e]dlF twwNMlMa,??w eom,lr..cga.re?w? O K I 989PG3968 vi Lu- 10 1q;1.J vilvii tv f wclwe and sell the property; wd to take any aadon Wgaired of Lander kWk db& but tam 'M'b to, reieasittg mod ctmoftt b SaoM* insMML HOTtb w'at CO'VENANT'S 00 Bartownr is Wmtdly WW of Wo Wj" h=W cwvvy.d and bat the dpm mcew&% pmt and eam die Propa v asd ?pr reaord• blares warra? ?md vrAl detOmd Smerdly to sW aowmbn=v otrocold Ma SMWY WTItUM>3 a coolUm wMam euvasonts far tualend use sd aaaaa* M oarewab *11h Lisped vnddiuns by pridiedw to crostkM a attorm seaarw iadrON* cotes Iced PWRIy' UM" COVWANTS. Bantu oad Lender eowmit slid 90 as fONOw : 1, pgbpt of ]Pdadp 4 Intero"t. EWot? 1*04 PrV&Imlettt CWrs' NW Late C wr* PWWWO' Dolt.. 40 ply Shan dos the prboipd of. and btareet on, the debt evidesood by the NO* and 3 obarpa wd Tab dwpB due under the Nala. Bonw#w lM Aw p4' fbMU for Ejotaar Iltoespttwaeat mo] % 8a N? ?odc or pgmp? dae under Cite Nob aced dtis 8o4urili' 1m?t>?M ttidl be made in U.S. aat INIUM" enter iostraeeaat reodvad. by Leader ae paYmm under the NOW or 01 Sooatity wed tb Lander oapaid, Leader mw ttegtdte *0 XW or all Sttb O*w pownts doe aadar the Nato and ddt Sw* lalSlaaeot be toads in oar or mro of Sic toilowin8 Farms: as Floated by Lender: (a) "- (b) arouse Misr, (e) wdW cb*, tack chod4 b7 "a chock or eriehier's elwek p mo' mwk eb k it dwwa apace as bWitp M vrbore lope b in based by a Wad opatA hOrm"Ift, ar wfti or (d) M"Iralio Pft& Ttasdea po mts are deoMed received by landar Om w dVW at 00 tc01da da WOM in 00 Moto ar as sock other tocetios as aw be "yubd by LerMber in aocardmce with the Hotta }tovW= is Seances 15. Lmdor may tetan rely Pam" Of l Matt if the poymmd or pmdd paymmb era idea to b ng ftte Loss cattwd. Leader uW4' wOW OW lqmmt or pwdd Vq=OW Tent tD b*& the LOO cmuat, MOM wdvtr of any doll hOr»nada or pryadioe b Its tiShte to nfine sA pgrmeat or ptatittl pgyn wds to tba fswog bat I.mdw knot obPS*d b ap* wok Pq M the dm such peymatq on aooepled. if aaak 1'ad K room's o of * abhedded doe dto, than L Ww Rod act pay iofesest an tm If app Beibd dss aaotwa wdo tt d do so WMA a dodo am ldatro w wdws "Pow to Wb* the Lora =at period of f SM Lapdw"obw M* ? fnndc or rebrn them Ta Botrottes If g a Vpbd owHir, web *06 lb sea or tvlfl be appiad to de vttttfand? p?ipd balance abler the Nate imaudidaly l? under Ito Ndo and ibis SscurilYabnol =Mt or p '1! the Coovaomb of Paymeats or Proceeds Ttiwrpt as otbetvritc d vw" ht 06 f'"d a21 ad pq?moots soceptod and Il WW by I..d.*dl to OPOW 14 00 dollowiog seder of prlolq+s (is?B be tooad? Periodic ib) Ix ° ttadar dts No1ei (e) mtoamte doe trader Secdort 3. "pryranofssi (b)?aOlrat in the cedar is Slim it baa®e due. Any Mubft mom& tbbail be sppllsd lilt to his obwa, wand to guy spar ==* die wider lbb ftwky lusb aaett? and dm to Adow the 1M6eFO of thsWale. IFl?sndar raedvas ti Pwm? ?'p°' 1lare r for a Maquelf Pa,.?fyod.io, P9mot vrbioh boltdos s N SWNW to Pw OW 41e ohm due. the P say be applied to the dakAp" prpApead and ow labs cigttSe. if wow an am Padodlc Prymaat Is dhe LAww sew 90 0" pmt reaivw five ilort"w to the "p"Wat of** Polio& PNMCube if, sad tb the a><taat . ese f?Y Cos b>:1 is b11. To the e> M Ow WOUS a to aio obtSos dtiiso. VValu defy prepb?? rhnil bo WPW St to OW p?+0?? cbnu and be applied lia tbe+s ac Am WHOWks ed of PIQU wee prooeodr, or "eoenmotb lhooeeds to p W*d dace mincer Ibc Note stns mot mod Cr posepate the do dare, or chop St aueouaf, oida Puk& Pgasoabl. 3. 19ksie ldaeroty Aloes. Bammw IM, pw to Leodar oa the 41" polo& Paymwt tilts do tads rho M. tmlil the Nab is paid is fa a gins (the " Frmds'5 to prorids tar paymamt of atxotaols des floc: (1) MIS and oemments sW adhar item+ whisk am attabt priority seer this Saomtty IOWUMcM os a biro or annubmw an tho ? tx,.rtn+? sax t?tuoaat etc mrrduw t? star awi kart, rrrrr SOMA bL mom BK 1989PG3969 Prqu W, (b) laessbald pfarmvO or POW Nub OR the Pt IWW, if any; (e) Pram mos for zw and ak bsoreeoo ngtdnd by Leader trade Selman S; 401 (d) MortW Isrsmm pis. if my. or nW mm pqabb by Barmere to Dander in an of due pgrmo of MoAg+ge tsestnaroe patians In aoomdaaoe 146 the pnYlelom of Sootiaa 10. "M holes We aalbd "Escrow lams." At ariguustlw or d easy dome dO ft the tent Ot the Loan, Leads oy mq*e do Comma* Aus:o edon Daav, Foes, and Assssmals. It m be esslvmred by Bovemet, and asst duce, fees ad musemmats sbdt be en Escrow Item. Botmwrer:ball peasopt>S? ihsztld b Lemtdsr afl no" of aaovois to be paid =&w this &aim Borrower sbdl pay 1.sadefr the Funds far BMW duce tmims Leader walvsa Bonower's ~cm to M the Funds for amp or al mow Items. Lender mq? valve Bm w % ab>ipalos to pay to Lender Faids for my or all Eumw Tams st &V tics. Ady soot vahw satdr a* be id vs kIW in 00 ores of mub vsdvar, Basso W d a par directly, when ad when payable, the Mouft du lsosstr so Lgeorm ander lam tit which pf?ysio t of fiords bas been waived by I.anAos and, if l.aoder awkes, noelpu ovWce ft mote payment whirls such Ow period as Leader mar regain. Boron war's ON40 a to mike :cola pqmm and to p wMo nvotpu ahtll for oM proposes be doomed to be a coven m and Specimen aovkhod in this sole kdm=Af, as So lhow ftovenmt ad sp+eonar is used In Section 9. ItHasrawor is obflpaod to ply Bscmw hems &aatly, to it welver, end Borroam Lh1 to ply tiro unam doe for m Bimvw Item. Mod under NV? IAWp r mq? WOVIN !Is tier Section 4 and pay swdt woum tad Bormem :boll then be orb tiwA by by to r*q to TrIn ac tiudoei IS ed. goon such rovealiou, to ff a 8arr mw shall p4y to Lander il time b . soda liac glvsa Faeds? and In such imu nts. list an d= requkod mde this Soadva 3. Loader mq?6 at any lima, called end hold F=& in an ww at (s) ssffioient to permit Lsodar to apply the Femb at de time speoi8ed under UWA, and (b) cot to exceed mire madmos amount a hOw as lapin under RPBPA. Yonder siM a lode dw asnousl of Peach duo on the bads ptaarnat data and amo uWe ationw of ORINditaa otlidose loom Itwns or edwwlee is mow Amos with Applicebk Law The F=& slNm11 be bold In as baflhl>ba whose deposits ore tanned by a Werll:"asy:, isr br, or entity (Wchsdisg LurWk. If Larder is at ImMution whose deposits am so hawed) or is aq Fs" How Lose Bssilc Luadsr shall apply the Fbpsds to pq?ffie liscmw Items no late' lira the ttma under R»'A. Leader chap so oia,e 8ooavror for bft tba lF uahamm ' Pro's Boreower haoenest the finds :orchid AppVg?a taw p4=I14 I?oadar aodae tab a dmgp6 Udm ve agmement is made in wridog or App! dAc law ngudses iablusi to be pdd ea the FWds, L Aw dWN act be segtdend to ply Bam wor mW hnbnst or mobgp on the tttltde. Banter eel Chador am aped in writin% hawem thu Imeteud da be psM an the ftnis. l.vWw ahsfl give to Bovomv wkbout d pp, an anaaai asaonabsg oft o roods w ngaistrd by R WA. if dmese Is a aaspbu of nimb hold is cacm% ss defined under IWWA. Under OA secant to 13aaoam bt the cum lids is aocalmee wldl REM N drae Is a shesblg4 of POO bald to elove% a dahed under RW* Leader A& wd* Bmvwer a regsind by XBRAt ad Boncow shah ply to Landw lira smoemat noccaay tomb to ft shortsge ht aoaorda ce wbh RSA, bet fit no man than 12 moadtiy pedassaar. triao is a desolonq dFlmds hold In vxM% as det3eed umdor RBM'A, leader stmt no* Bmounr u ngsisrd by REPA, cad Bas trr w abdi pay to Lender the www tmcesmy to mob up the detickw in aocordsom will R138!'A, but its naafis 12 Muft P*%MtL Up= pgment in AM of au :nuns mewed by tits It cudW lashumeat, Under shell promptly seBiad to Bonowar sgr Farris held by tmdor. 4. CherM Lints. Bw mover chop ply A Team, ssnumoath drapes, flus, aed Impaeidons limbotible to the property whka on coda Ptia ft over this SW44* lolkwoom. baslwld pqmalb or SmWW tab an ties Pmpor% if aq, and Cammuil r Aaociefiaa Dora, Foos, and Aummook if sty. To do anew tbtd them items ws Bawow Dm L% Borrower :bull pay ftm In the somm pmvldsd to Soctlon 3, Bolnlteer :Mall Pug* &XI ug 1 my flat whisk hoe prloft gm tbb Soouriq? iasbmwet vAka Baemwcr. (a) epees Iu.vriilieg to fire payment of the obligation .nomad by the lien In it a>®ar meeptable to TamdM but ody p loot as Basrower Is pertiaaing such agnoment; (b) cooksh the Iba in VW tld6 by, or detee<ds s? timtsseemsrod ottho lion ia, kgd prooeed}ags which In 1.endsr? opidaA apesebe ro pstmverd Oee esdasaemment of the No r th m pr an oceto t pe?mspr to but or+ A sa be Ila to this Secinhtya (a) sum" fim If the holder grow lien ap?eomasi aaiefuotaq? ? ??p?itre?let?Ml?Me?e ?t?01n1[IIr6lEDS?ift' ?+iuKeeaeow?wa??a 'alts ?¦?? mess SROM"Ihm hL BK1989PG3970 Linder ddwm ioes that my pert of the Pcopstiy is PMwt to a lift whiob om W do pt'O* over 05 800** 7aNtuwem4 Lagdsr msp pie Heerowar a nodoe WoaNtyhog the Ben. ? IO days of t6a daub m w6io11hat t?odoe is g?veq, Lower ammm &a MW ft so or to ? w?Oe o?iwp for a red e+pde tsoc vcrW*d= Isidfae mPNB stirvios a.d by L=dw bt wWr d& ? lump S )rrvpselyIr tbs l veatams maw aid" ar haeaAar eeeoted m the slm'? Momma PlOPM insYNd spbd ions by fb% bmnb wiled widin 160 tam szkodad now w r and aw Ow bafF4s inobtdlog. boo rot Bird ya, ? ) p tlA TAadar requhee. V49 Leaden mtdsaeeieod is io aneolaro t aag0emoos cm chsa,s dating 60 arse of me Laear. 1]ta Comoro; aetier PwAft to low 1 be clroaan by BMWM sdjm to Lwaderh djAg to ding on BOttasWG rrh3eh shall rotbs ar?maised iAIdWmtY MOw eatoamt to F. in cameodm vrith die Lana edger; a ar&sm ? for flood moos ddb MOSOMOR and t F. S mviu or tam far flow moo dot ng"m and amti&d m aervim and saheegnM3 dhow mie dm ?s?w aooor vA& mmoa * milt eAlFact such iiwi esA>om or O& bmuwm dog shim be ?Or f?a mmisist of maw fm kspo W by the pedwal Bma'gaM Mao Npmmt Agmaq Is coa?teotlan with the nvww of nay good am dussnobvdan temitteg Aram am ddscdm by Bat OW- gBaerom f& W aoigWn ae6+ of the oovemgas dosatibed Mw^ Latdar anpr oblrio insmwtoe aoverng1b at Loader's oprian aed BottoW,S aaVvw. Leader is order ao obllgrttim to parAm oy po*idwVp or emaaat of oorettpa, flttt+shw, such covasp WWI covet i anim but nd& or od& trot 130'mwat, Hanaw'm% ogsdbr br do Pnpaty, or the codents of de Property, a nay dek+ bO d of He6 q OW Pam Vftw or IMM ooroetyl than was i>AOg* in effect Borrower aclmorri0dgse that the goat of OW itrnosos oovow so &Wbwd mW dtgd ' mmeed de coat of i0svtrece that Bowrowm could bave obtained. Any moe* disbumed by Loader under this Section S shall bowme add iloaal debt of Harrower ssaeted by this Sad* DONWAOLt Thee smatmt dmU bwr ia*W at t6o Nets We from the date of dl*wsemant and shall be pqa* *00116 iaeMasR Iraq soft from Leader 1o Ilmov r pgmmt. Afl is pdkj IW buisdo a and s nmW LAIdw III =W% W M&N IS sa payer. Lander shill bav6 the ftm to hood On pdaias and mawaf aaadkdw. N Lorlar ngwm. Boom= dad prom * give to I+oudm' an nc*b of prod p ad tuned noes. SBarpvmr;"m MY Saint of taatrusco ? elhetwiso mq*W by uneder, Ax dmmlpp to, all d cl of toss PdMY >ba0 iaefod0 a stad" ?eaatg?ge clause ad ahdl nemc Lander as matmot maNer me wn psym- be d0 twat of lai% Hanawar she3i give prompt notice to dw Waumacc on&r and Lander. Lender mu mobs proof of iim irad made p vmpdy by &uuwn Well Lander end Bum m aMlpwiae i8m in wry m0' io., I psooesds, whor or not IW ubdu bhg bmmco w4s teglied by Linder, deer be qvw to raaoadan ar IV* of ttts p"P yr, if ft tardo WAM all M* 3s ocanow"By font" and I mdrtlt mft* M mot b ON& ? >WMm teManofiom to bsped auto m? prto mwe want has barn oompMtad to I 1r addiedon, ptpaas ]bad? ad o do a& siatl Mro& In m n dw to 69 p Y Lender mey dieb m prow* for ds t>ptira and reasotsBoo in • a do* psymcut orlon s aortas ofp ss the wary is cowed. (ktfses s "Pont b tojtcss pQ?om ms msde in w? ar AFAmWa Law i egoitoe iolaast to be paid on such iminnoa prnoaads, Gmdor not bo v to p W Botrooaur nay imterast or omaiepm vA p mcwds. Fees fw psc 04 N Iat - or albw tbird patties, retained by Htmv m shall not be pall ad of do inem ms p mods ad s be the silo APO" of Bwmm if rho tataeeetiaa artop ris not aaoro faad6le orUcillf's ssptrlW woaid ba 1111024 tie Mss O" praaeads do moeo? K +e?Y. shall be spriiad to go lgtre segued by be is .atder p?ddad i? ? Sedkm 2. pddto Ba nvw. S"kmwampsomeds dwV if Bormm abandons ttw rrspeMy La der may W nogot W gad adds nay avdi"iaauaos owm and widod metlns, tf Brmmer does trot tegod wittdo 30 dqs to a mottos Stem La der Wet du bee-agse wiron tie offaad to so& a ddm, than La der aw noaade0 end satde the obis. The 30?4N pubs will bad notice, h ghu. to either mcK all if Loader smah0a rho Property under seedom 22 or Aerwiss, Harrower hwebY eats Ufa wileM?di eUNOttlOM90MUM=r MOttlatoallNat+r•? ma BK ! 989PG397 E .. ....1. . dssi . to td. (a) DWOWees dots to MW ios'pra°A Pnooo& is = t ae to Vend dw s norm flw Nab or this security fit, and (b) m3' VOW GfDw re %ads (otW *0to40 to MW OW of uaaapsd paoiums paid by Borraw0r) tt NW an iosutmce pollaiss ceveris flte i1e b so flea ow ww of dw ltopaty I.sadff sely Va the tarursaoe praoer? prgwt r ar fo rw Osamu asyrsia under tic Nob or ddb Seen* Tramratnsmt: v er ar oat the dse. Lp" 8grtvMro+r Ad ooatpy, agdith, and use the PrGP* 0 8orsGWW' In"IMP I residence am" *9 FCW* es SHUR a days AM 9g; eorssvdloa on seadw lasuasnr?f and A& castle" d•ss to •rw m PFUNTO raidsaoe ft sd laid OW yelr NNW the data of a0'. as exist Stich eon Borrorwa 4rsitW& UWA "a"aW pot be =00ums%Y WW&" Or Ud9flt ou MOft bffyM d 9arowe='b vodML bwpaede1 f, Bowour " not % Pnesa?stis4 M11119001=6 sad Prelettiost of the Propery; dobatay, d1mvp or bW*the Pro WW, allow the Propo a to &UAa'aIa or "OWN caste on do psaperW Wbsdw or oat &MWa' is tvsddiog In the Ptapfety. BMwa' sbs11 aft the PropWW In ardor to provost the Pr PMV traps o? or ?qee ft to -400 duo to its ca?da. Unless it is detessiaed PdsVWW to Seodaa S that or1001da beat eoaaarnk* doU p Vey F*0101110 PMGft ff dtv Wd t0 WOW >dpab if arbaoe ar oondeamaHaO prooveds oe paid In with dbsrfle b0, w fa:lhet dsaeeisrtdan a daesgyo. to ?f 44 dk$ PMMV, Eonoww'shdl be rebpandide fbr rdpdhiaR "based pseosbds for snob puposea Leader tnsy dlbbatse ptvcaeds for *0 repairs ad paybsess or in • series of p uposs ptryesentr a Qa work L BMW= acs?etld. IFtho iesAUa?s the *Iroos, for ae not pdBciaat to ssls or prseoro the Propem, a is not relisrved of Han?wa's N*MdGL y tasirembbs tWbs?sa aP00;°?e0 of the Pr+operp+. If it hss rsrasbblo cLsnder or a tta ceasc made aw inspect the Interior of the %Vro"Monts on rte propane'. Under shah 5110 8000b er iodoa at so time afar Prior to 10011 se ibderlorhnpection? W M** Wh tOSSae" 0• B. sernMes LOGO, Apppeador, gorrvwor d a be In defssit if, aniag the Imes v9scatian ptowls, Dammor or MW or codas ectIng m &a dira0tion of Borrower or via Banw rls 1®owledso or cosoN gmmdw* nuslesding, or ImeauQe b&MWm or sgoenats to Londe (or JMW to pW4W LMWff aith tadtald is browdon) in com"doo with the Loan, Mdem lopopemin i'clWa+ but we ant limited to, Barron W% *WNW of the PtnpamW s 9arovwr's p b pW residence. 9. Pro"s¦ of 1,andsrns Loved In the preplrty rated IWp UsstW Wx gOpmIty IbsmNnl ea L 11f (a) Barbs M Win m Parb3A 1110 and'room* aomdaed in ob Scandiy iadraumb (b) there Is a login - MEW poe°eedidg &IIas ° Me p"PU0 over ad No* blgaiOVW fios w pr 61Ae, for in RWW or tof e ar oreffingeof DaNower of WW& amts pslar os 8009 mf?tt ar to adman bus or t N or (o) to abaadmad *o PsopwW, tbea Ladder MIN do and pay far whom is tearosblo or bPP b to Pdw LIOWs pvwft a" mowqg to V11" of itrteta+d dta p tbtd t to ttttdar tWs Saatchi! Tnluramoa<, the prape+ttB lad t Mar mpdit 60 plapau' Laida's a"& oast b0 uft but ate not NOW to: toppg- (s} PON O, snow Mowed by s lion whist has Pd?' Duff We 90a00W i 0fi (W slP bg In MK teed (a)psbr4ti ° et1°sOi'stech to prow its must is the Propa q senator 116ps =IN ihb Bonney Psepayr Lrsladat, but is not bllrsatast, wider its second P?° In, a basbeM 8000ft thspe dons and wJack s, but snot HUM to, natter *e Property to arrioo taPt bola, reploob f >arMO adNtiea turned a0 or off. Bran pipaa, eli?ude huBdirtg or aAtor wade violbdosls ar d st?laei ? AMP* jNoy tdM action, 0140r brain sodiaa 9. Lander does not have to do so and is not astder ov day or obligdlan to do so. It is avow that Landon IMUrs no fiabllity for not tdft 'M' or 011 a0dasi ptdtofbed under ms Arty aataants disbursed by Lando' under this Section 9 shell beoogm woomel debt of Bowam weaned boa 9' b. drab Secaig? TsuaOSent. now a o mints $lap bw itft*d at the Nola fade Sam the do of diftsamad ad shall be pserabh:, SO saah Iowa& van so" fiau Loderto Borrotter mqt>? pq?m? of the leas. If if *$Boassitl? Dann is on a lebsebold, Bonotrar sbdt oo * wlik s?tl Ihs pvM= Hasranvsf mob" too title to fire Property, llte ksaehaid bid the fns title rd? root ata®s ttgtess Leader agNSS to tDe NOW In W61106. F" Uy-p'aaercrN dVkVt& MaMIIGIUMuucv . A . _..?.....__.._... _ ---- bter- np 7 orr4 tvtra??wan.Nw 8K 1989PG3972 16, Mortip>fic Lsataaea. If I.cWw rogtdred MOM IPBW moo o1 a coodidon of E31ft the Load, Borpeprper AW pay ow pmodimt wqulw6 to a dntain 00 Mat®effe Instr wm in off@d• It for W renop fire Na?aps 10 ragoired by reader aeasea to be avillebte 6nm *0 my %W iasW dot P ia.ortw Harrower wa, mgdnd to awake owed* dedpasbad p41SUM 10"d GO pt rowdo" far lagrruase, Barrom 3WA PAW Ow PURIM" : to *d t oovraQastsvbNaapibboIlarta?wltagvia[%+t pawlooety W C11104 at a cast saUoti64 0 totoe o i t mledad by vIlr If ad6elraat!1 Iamtaaoe palm* to efi WL fcam an altvrrbo mavtpsV wader Le qte aa? ? ? DIY is not avdLtblo, 8onrwra dmu oaakiaac to ply to PO duo wbsn 1116 oarisd to be in afoot. L dw WM soor)a. aeo pd IOWA ft" Poo ? a ttOKottla&ft loss "San in lieu of Madr -je SW& Iva reaeavo dnii be ?a fact tbal ibe Lou is Wdm * Paid is foil, pd Leader dhdl nd be NOW to XW owaio?s an 16th loss reeor+?o. LpAcr on dot I drag ) Moafp#pa lowu o ooverape (ln tba psomd aad far *@ padw by I.eadar loin boaoates avaiW?le, is ob do4 ad I.auar roqultos svpaac* 4$Wfmad p madams slat Morfirrs basoraam 1tLendn ?og M~ ? ? a caa?liphr , Baavwar ww i to mare vepaabaly dsspBaabd pgnoo dons required to m? 0e It Borrow vball p4? fie Ho a ? fi" um m iasenaaoe tads is aaovtdaaoo u4 v ", IM nswilh Mdo 140 between Banrower ad [,under prud" for IV* tandlpdaa at VW tambddoa is te9d?ed by ApD ut"'• t ie fltiv 8eotiva 10 attests Savrewwti oblipaltaa tp! p4? i a due tho ]fOas) for losses it mor aeilmilm s Leader tot ay easy dat paroh.e a mirk Mortpape Iwsaoe. _ isw if Barta'w data ad ram dw Lan as of peod. Harrower is not a party m 60 MOW Igo- s evahate their /ahd ride an an led iaaarsow it 11mae from fiats in Gov, d v oa tee into vgreesaoabs ? o8tar parfms that abate ar modilY tbdt risk ca rcdnee ad oaadidom dot w o *fttMY to dtdmatM Lm' sod fbo odtat Pl* (or Pte) to *s agn"WO&i Tbaae spowasolo tag, nq*o the saatpppe ipts w to make Mmo * %Wi oW saw of llama that the Room immvr am bm WAA6 (mboh pq itaeide AM& MOW fm M~ beet w peXIvmv} As a rev* of there agreeasenb, IAWW, IN wthwor of Ow Nara, o0ow few nd "brim ray otbor of or WY aMkb of mqr of the f opiap. mq tadve (4boody or indb@cW) mown that dmin n (or aaipbt be obaaot+riod as) a portion of Bwwwor's poook for Morose lowisooe, in M2cb? for of healer' modmit g ** fmoe?rpe Laarer's risk. or rodoong boas. if a& sp eomw p a ? n m ire i1 b W= a mare atom f m % risk in ouohop for a dam of ft Fwalwag POM to AM /armed ovop" admen ow.* 3 wdw. (a) wok tprraasmix Will not 9" Of aw that n rworo" pvdttto l o e =wna<arree, w OW char Urine of do Loan. BwO up oweda 1Wr 1#[era/vpa iaaararese? and fluty Wn not new Hortarrcr ba any roftwL Any vm% ?? wM not ~ due I%bb Borrower Loa - if say -- wNh rw d to the bf~ jluawueo onaer tM Plowowom PrOadlam Act d 1"S or any dbor low Those, "plo my IwdWa Ike rlpitt b xwefve entsill to request aid, ebob eaml o" of tia iM6atepape Lawraamc, to b ve at llRvOSW b"No we brabrabad ratisawagaatf, mWor to twolle a tatnd of any Sbow l[rparsaae paws tW were staved at tfte "ad" canedisan er forow dour. It. Aa Wones?t of Wilsod uvaon ftwc 9 ftfdWm All IMliscelimeone PmcoK s me haoby asdgaerl b lad alaN be pdd to Leader. if** Pmwoy is dwogp , such blWalown Proceeds ybati be applW to wooti tan or mpair of We p od no aeon pwW4 l?"bm *B FW Amble, ad Lanciers smoky is no WUN& Dal" VAL to hold amh 14udhnuW Proo Ws ad Iqodw Us bed m appdhaitl? to bopvot soait Pjapa W to smam the wode Liu beta ooraplobd 1o Lcodor% vdia1111lion, P Dd that so* ing"Oll vLatl be ouadarta = Ptm dy. L *r olly PA? for the ROW wad rastandtoa Lr a dale dkbw$ommt or in a varies of p wV= pa3ra o is So wade is oosnplded. Lipioes p apepwd -inods in wrhhtg ar Appiiable I.mr rrrNta to bi pdd on ouch MiaoaUaaavas Proceeds, Caviar aball not bo ragaited to pvy Beatow?a' aep? Curator ar oarnm8a on atreh ? . If the nertanmioo or repah' n trot eoeaoaseodq? iPeed?r?Ras?lr ?iedFecd/e) SIR nrss?w+e.a.. ^-° - ?awwrwa?rirK BK ! 989PG3973 ?aaible ar [?'a aocafity vrauid bo lessened, the NGaeeUnaaaiis Pro?ocods dull bo appl"iad. ri the siaati >? by this Soaarlq? loatntaoaate whetbot ar not then doe, with the eats. if ate, pdd to Borrower. such iV hudlu tuna pr cwb do l bo appltad ht We aedbt pbvNed fa in Section 2. talft d aq or lass In vduv of ibo Pmpw% the ? I0Q006 derail In the *vat of a total be applied to the 1=5 by y W lnabn?m04 WWdw or not dw due, with the aKOW if WY+ Pdd 10 >? b ? ' the eyaad da potdd talda& dam mottos, or loss in vdue of the p>epmb' ip wblch the f* mm" vtdoa of won do pudd pM& deagpoticM, of loss !n VON is egad w a Vaaaw Ow 'm *01"d tbo stowed by tW Smity mkt inoaodideiy befom dw Wdd td?i' mk a lm is value, uttloss Done sr and bender othefwiso wSM In wtitio& the ecrosa m mod by this Um* t ON be r AWW by the amwAt of ft b jmxjj=eaw pvg#o is midtiplied by die UkAviad 6011M (a) lids total sasoaas of do moss mooed immWW* bof n * !mom taking, dedmdon, or lot in valve divi6W by (b) the fidr itDWW voice of the Propedy lrofnodlstelY ba&m the pstbd taing, deM wtion, Of tow in m&w, ANY bas" shat bo paid to Bonv rer. de+ Nctioe. or ion in vem of the PIMP* in wbiolt to fait =am Via of the pr "mho ? i?6' odd taking, dosttua1104 or low in vdue is bat that dw MMM of the V" V=w 1 blfan the puM taldo& dosomdoo. of lost In value, unless HO1VOw and Imaler 0 ee agtoe is wsift, iba lidisoellaaeam Proccods shall be epOW to to mm soured by this Secarlty lam whdW or a$ to eMMM ase then due. If ew propwy is sbwdonei by Buamuror, of if, 0" notice by IAWw W Hatt 8 t I0 ?aai+t6 ftlY (u &goed in the caw aeatm0e) O&M to ob an owed to Rake a cwm for dtaosaRas? LmW wim 3o dip attw *c dabs dap oodoc is Siva, LOia is mea wd to cdoct and apply ttte WbodWwm p m or rapes G(60 Ptopav of to too am mmvd by *b %a* p or or .not 160 dw. WOW011? Pa?(y" me= d w tided Paw that ousts Bono= ?a vdlaosBatsoitaarhasafisherot If A 1nripndtotdfeoeywooas wkdw vie w sakkA is be?ma 16at, in do PW Battam sill be in dof?mll lt If wq? calla °! i ds msixid ?1l.eodsr'a min ?o L4O&esjv#smrri, tM nws4m faaid0awn acre molt mqmpp?n a d?gtlt ad. if aaalmadca has .Pvopaw or job uaw k% is in Sod M Setaioa 19.by o the scow ar p M 'o ha ? 6e :in L adw% JWIM ra. predudec fo liem o rcp cr other totAwW bqmkmuMaf ? are ritme o FW406 of my awed of ddm fib! or t lgtdee' this tae adeaic udpW and chid bopaid to 1Atldti AS 1a ladle ? ofLsat'a ip?ta?t imlho P?10 Ymstoceeve dt y t?ft Pt'oPmiY " be Opplied is e?t ft=Ws that w not apoW oho ceder provided for im Seelleon2. M mwmm Not Ytelaaed- Forbawmae t}y Leader Not a Wsivu &ctoncba ofd d BMW nt or modi0amdml of aomstitddaa ngtgo o calm sad q by to ? t o bomm umvy of H?onvm of Ew SMOU as in $eocetsor is LMmeet of 13aarowor abAll not pende in"" of Uwe of Aomvim Lender ahdl mot bo toqulml to p ? of y0 am ?? in ae$10,110d laed Of Bmuww or to imhw w sx,04 timo fbr piymW or otbmwtse nwdKy mmd:adou gay mah y & fsababy mm of OW dotnaod made by die ot let*W Dat*mm of w mq SMOtllut?um ft" M b 10 Tea Bonsm. ?, urpico by >,Aitdde' in etoesnisiog say 11101 or in MOM less 0= ilia w4pims of papmanb ft= *W, pes:as, anon w 3ume"m In Wand dBan'awet or lumm t * dito, that not be a wdvar of or pteehde the aomoiso of my 40 orsams*. L,L Joint and trkmal LAPWM C64 ft ; t$acumn snd Aaatpe Detiad. 8wwm ooveoaats and that % plow and 11"I N * bo3oiot and eovoNL Hower W. tub' HatroA W who 0"40 die seam* y,*=.b bat does Boer r><eoWe flit Now (a "? (o) is e'aS this 9eon* lmbamod ** to . tw and amity tile coalgasr's Merest in tho pfopa* under the Um of this 9eM* WWABM% (b) le ad P wed to Pw the stuns aowsud by ab Soaft lnatrit w% and (o) agmes dW lmdor and my odw Rom m eaai epee to and. OW*, fofbosr or wke coy a0aa m=MGoa w1b tegsrd to the tams of this Socu ft U*mow or the Nobs wbbaot the oo gw's oa m- 1% 1989PG3974 Subjast to do pmvisimts of Scwm 18, day Swell a in Iatova atf Bae"M wbo assamo Betas w's dar tieOamtty LrsDttsaoat in wrfU4 lad is W raved by IaO" lath obain s8 of Baraw % Ytt obIW end bUda alts Y 1os ° ' Baroam daN not bs vdoasad Arum ms's ObUSOM sad Iwo =dw Be= wdk HAM .Oder this Sw tY bam"m ukxs Lendwr "Pot to a& num 2i wd bI. The Cowants ad apd NPOM ss Orals So=* DL*Mwd sW bind (exaept aftu aruww. 14. LOOM Cbm'"s Letdw Pq? ciu°Ar° Hamm tees far sorvicma pedorened cOttaocetaa with Bae+sw w's debrsk hr die w*W of powft iurws lnt'or'w in the Ptoprry wind dab paler this Sewhy mm mK iaoht m bW uat li gkd to, at omeys' fom pns wv b as said Ica tbs. In read to soy alftm less. dw sltaomsa Of gxy,"s Moo ft Inthis S=dW Inwtns nt td ohm* a qedlh En to BwxnW dull tint bon OR the shW*g of slob fee. L=dw mq not dot fees do an oxpeaely ptaitibdd by *b Smoky nbokament or by AppYcabk I.ew. *d Nth. LM IS snbject w s bwr which sots maxlw= Jan o wro, and that law is ftsby it hrroed w do Wave ar surer tam choW collootod or to be copoogd in doonection with d w Loan arosood tap Hook, *w (a) qy wait iota chwp dMU be rodaosd by tb stow ne wma b esdmooooobow JiIA sod (r) m,Y arms dw dy adhoisd firam Ssrt'w w1kh etacsodod pKmdM vvM be w Hverdabr L"ft w4f do= to BAG ft rafwW by > Ga pdmlpd owW wow the Nate or by naft i d r" p *"w to 3oMM r. Ira "flew Odom P6 44 dte nd"M .Yin cL me to a pw ,s ar (Whww or act a pep0 o whinge h p MW a ?w of NW r a of so"Ptow or ay aa1 tefuad w& by dheat Paid to Bmro"r will *oGdIbM SOet+awer A)I iwdcn of by ovevbwvL orLa Awin ooumebm whh tbb 9ecurlq+ Ios w*bo in wtib* AoW motive to Bonowet in caem dm wide dab Sway WomW dad be decsd to k a ban gWo to BcnaW wba s ended by Blest claw ndl or vbM advay dsliva" to Banowar's Notice addws was by caw atom Notice to oq one aarower shd comsdtsli todO to all Boff*Ms unless AppNoAk LAW ' 1"abas dufwlse. TM notice addaem ahdi be do Papacy Addeess tenbas Banown, Law dp*slod a aet;stibo o dw addt!as by »oke to Leader. Bmvwor sill J' aWly LMdw d Hocroaor's Gbw of sftM it Irmtdar 1i0'a a p awdwe for repordt BwWwW% obtmge of addeess. I= BmuW 0a adhW fn tbds dwr of addtass asedo Gott gwdflvd AamOdM, TWO mq be only ON dtaplod etod Smft hwhoaaot d asy ae time. Amy nafm to Laden doll be Ono by ddivc ft h or by vaeft it by AM alas awl to LWAW% W"" ataod JIMM "Ives LwWw has dedpidal smothwt oddest by no*$ io D= wtsr. Any nodes to vameodaa welt On scow* fastruesad 4w not be deemed ? ?dpe' *Ww 0 Ask Leader. W ow ?toc wgalod by Ods Seawtly last umd is who te4 i"`w' otC umdortill9ooaitY WmON& doll bo Swamd 16. G ow Law; Sw ri Rules ales da d CanfMdoa 7W 6fraft UWMM by wadi b w and to law of the jndsd edw In I" tla Prapa* is locdNd AV ad Obiipdaat cmadsad is MIS tioeadty bowed aodd" to alit eagt zM" Ed lindtsl M 4, 1.>m AWSO& Law mutt as Ift ar dlow the packs to or= by oaah'dot or # stilt be but aamb d boas d oN not be wid mad a a ac imt bw Saw enleeR do asy pemWas at dam of tai Saoahy or tM Naba?itc? wtq??pPBaablo Law, such coaW da alt aabd adw Wo4lo s dUs Stonily is ar 1ho idol. whicL cat bs dvao ot'Fiat wltlteat Gie aadlicling p?'d As mad is Ills SocOft YndruoUb (a) wor& of tine mucatlto wader sLdl assn =4 hwhrcle eaarewaft now wads or wads arilm funl o (b) weals in file ALA AW mole and halal. * pbxd aol vice eta; ad (O) tine "W W, Siva sole dhaetim without wW Mpft to We lay walla. 17. Ir3atrw4es Copy Eaivwa shall be Sww ate copy of the Nato tad d ft Swift Dwswom IL Tvsmifir of the rinparbr or a NawlW Inlsreat In swam= As asd ka lids ilwlica is, " fmnast In toe Propw mains gay Ind ar baNOachl intaad is ee Pmpoety. kobft bat ad iced to6 those bmaid inteeads tnas6mea i ie a baud for 64 oa dnd for doll. imtallanw ashy aantnwt or osa+ow apem sK Ole iftnt Of vdtieb h to tsaslhr of tide by Dwrw w at a Ntae dal to a vwdMs Is oa a if A or aq pat of"tbe pnapaw or ow Isteeat in 00 Pnptr?i? sour or uaoshesed (or itHwsiawcaoara I a m a nalaal paraom ad a WOO" 10000 In Benvwer Is said or wNhod Leader's prior K?eON>otoRe[?wau.uu.. """"iiirr??wlra?a »tr ladle ??? emas,tlrr?rrr?rs. O{ 1989PG3975 Lead OS OW agoin WOW kW pga=t in faA of an sane ocutul by this Secw* bIicadaeat, Yiawown; this option ding no be woadsed by Lends' if woh eXordse is p by Apps' "Law. if Leader mdaMaides this opthae, IAadu chid givn >3as nnu Of aoceterdaw. The no" del p wAk a period of sat hso S m 30 dip from the dale 60 !amide 4 given to aocMUM WW $sodon 13 widtiot which In pey d" am PW to 90 BwMW M" b ag dams witted b k? MY MOO" SW*dW p?mir?ad? Bw~ by Sh ftsu ry W06aa AdW a?liadodh of f ties psdod. LotAr tdor M ? notioo Gr dmmA m BorrVm BOUvw M bsvo'dio :W to hm 60=01" of tbk? Se _ cnri didoo due ed at uW ? !? Se awbu of (a) fire drys bedohr oak of %* prop M ptuet W to ow pawor d uk codelo d is thin Seaadity+ gent; (b) dash Gdhsr period as k Law mltlht dpocily !hr the tenriwatjae of Baw"wlt right to voleoldr, or (C) soy of a tAWN so sums which 3adbmt m6 rft meld t eaft insbasoan. ram omen M ON that Ba Muzz, (a) pays my then would be doe under this $aca * hutinu * sad the Neae m if in afaving ?? Bowift (b)?own my 66* of oxy Geer co?anh or cgs omui (c) Ms iwcindiog, but not BMW u4 roos"s attataeya' tee% p ropaW bqw" and vsbnsdoo Road, wed adapt fees incanod fordw pspoor dprote ft Landw% hoarder in &a properq? ow ftft mdw des so=* ta;*uw* sad (d) ld= sorb sdlioe a Leodw msy vemonoMy mgitiMe to nonc that Larder's inwal is dw PropwW cod ni?u velar *k $eoiaitjr to wument, and Borrown % obi vdm to M do chasm m mod by this $ecwW Wkwameed, Goode" l order mdy regWx *d Hamner pay much ninew omowl aria ad a power In one or s of tha ss solvated by Loader: (a) cash, (b) money order', (a) auMEW d ed; book obook un w s shook of aadh snit check is &m upon an bodlodue wbow depodk ere iwsdsed by a i''s oheak, provided sw0? fcdoW gpwW, W*umeMVW or aft or (d) Blocuuok Funds 9 Upon soled lsw out by Hmrvwar, ills Soc aiq? rimino sand GbiiBdows secured hereby soli nupda they o"ve as Em woolo adGa bed ooeairni R*v%v% did ftVloseiiswte dhaii as oppty ip the cue of weookratiw wWw Swoon! 1 & 30. 80 of Note: CMW Ls Mote or w poW hand in the of Imes 9erviodr; Nsda adlkl +? 7 naea? A die Nee (esAsder wilt this Seaidbr ) own bo sold Gad ar nioMe thaw vrLhaul pdioi' MOt "M In a deep in the soefb (Isown M the MLa n Sarviest+') Bet a hods !!!odic sw? do lmdor Ow Mlor Ow Nato, tide Nate sad mil. 8oclo* Imdre" lad Peti'aedos oldw moll" ]nut serviais& R-y kp MI lard Apple Los. Them oleo sight be Goo or more GbMl w the Loa 8o<dW vmddW to a ak of rho Now M thcro is a clomp dthe Lane Savlo% Borrower will be $Wa wftw so" do droops wbieh wel dodo Oa aanm and sddrass d the wow Low Saviour, the address to which pap?menls dmm aado sthd nay aura khow0w AMA ragdm in connection wig a notice of trwOw of wWA%g, N Ow Nose is ddd ad thmvW%r the Lam b derviosd by a Loan Servicer odmr turn die pmsba w of t_ he W^ the Im serviamg obitgdoea to BoerOvw will somak vAth to Low Servicor at be trmvAarad to a aweswr Lon Savloor dad w not w omed by ft Nate ptaoheser m provided by dic Noss psokxW Nabsr BorraaM' nor' Lad" MW acriuooaw. J46 or bo j0issd to LV jodeabl action (u Giber as Molded !urgent or ft lumber of a chns) tWrt shoos bon lho oiler p Ws melons pose we to tide Sea* loww ood or sw shays that the adw putt' has basubod spy provbtN a4 a or dw Ovnnd by assort of, tilt Secnri<y )aitrt=$K uadl Inch BomnV r or Lowder bw nodflW On older pray (Wish rob rtodw Sim in owplonoo oft die regWremew of 9ovilm 15) of wet AMW bract std d hnW de adtar pW hereto a ? Law ?videa a thoa period reiemdinie pscJad a1ler dto e?y ? ? notice to tide Gorseolive sodas. if A6 which spat ftw bobro captain no" on W take k that fl?" Abe vim of this Parapd A Viso soda of accolwadon and oppartmky to Hamm pwasot to die notice of mods" glum to Borrower psmaoat to Section 18 email be daeiwod to md* Ow notice and appodc EDY w tab oaiaaaodvo udoa ptoviol m of this section 20. 31, NMw ws Sukh sees. As used in tbis Section 21: (a) "Has udwo 8obetow " ere these sekdo wn dG6nod as todo or wxmdou wbsd M, pelhitulk or wadoos by Losed fir. gssdw^ lcetnowi0, odiee gamleble or tads pet dhan Pub" Mae "Woiduall le'll mddmW$ outdtilt svbedas or fnnodde4* and tedlosaft aiehxhk (b) w Lahr" modes I ' " k" ad hm of doi qf the pnpo* ingbidw aw rkp locow *9 nm t actioe at rarawsi act, as 'ON "pop" BKI989PG3976 doftmad in Baviroamanitd Law; atad (d) sn'ftvirotmontal Coodldod' mown a omd dm that cm Ono; cttr60 tk or*&w WM u%p as Eovk mmtd Ciuwq . Botscwer didl not cease or paamlt rho ptosapoo, usk distwaal, dote; ar -lore of sw gm=does sdm moos, sr fi , - llaa biebrc aaey Hwaadows Subdt s, oA tr it the PMPNV- Bardwer sW tat dor am dlav aolnoge dao b dc, sing ap'ootlng tw qty (a) tW it i9 viadion of ow SwimmoM LmM. (b) mMob creases m lsavkoaaaaatd Cou"Go, at (a) whbk, du be the Isesmoe. use, or mum of a Haaadoas 9abataaaoe. ceaamee a o ON="asdvorsely dhow do value of aw pie". T%pee wk%two seatatoaa stag seat ap* to the paenaa, use, it wmr ass ew Ptopsaty of smelt gmmtwm of Hanwom Sabwam that us gaaw* aooo?dard b br appropdde to nomad msidesW um and to m meetanco of die Propaaty Waft bat not lhtsibsd i% bowdm s bmwes In coamw p e ttm). Bw wsr " pvmpkN " Leoft mmm notice of (a) ay mmdsmia% cLlm, dammd, tar %* or odsar soft by may Bavbm mnW of many wnq M. privam patty invol ft to hmm* aw ow umsdoes Sob"Mm or BwkataaenW Law of *id* Borrower bu sawd tmovdedge. (b) may Bavlte msW Cemdldm isaola bast flat Nabbed m. nap spiltin$ toaldop, di?haa?e, atkaaa or tltreet aF rolafe afaq? HadiAw $uiafow, and (c) gy aoodidm canoed by the p woum va at mere of a Namdem SdwWwo wldek adwawaoly MOM tw vdw oftlso Propel}. It Dom mar hatraa, or is nod(W by aa>;r govwegaaaolo of wvba'y , or ow l'"k pw% that aaw naaowl or other rumodiadion of auy 1 uWm Maw dbeft IM P gmly b aewnw, Bmwwaar"paemA idea aN nowasasy mncdW adieu it w4zdmee aids EnvkoameeW Law. riedtiog bweid AM mvmo mW dWk d m on L Wcr for on Emvkotm mid Clew". N OW-UMMM COVENANTS. itor war and Lemon ftdw covmmt and Ma as Sot om 22. Aaaebeadmal Remedtee, Lmdo r 40 give miles to Eorromw prim to unkaaN m hNooft Son wor's bvn& of say awsmal or spumaat In tiH waft Inswenuatt part tot prier b taodws*m ttadw 5"m 18 a"AppVmW Law provtdr odbrwistN Latdw *0 mAW Butawer *4 sow olbsr 0 hp (a) the dada 4 (b) fife smtton r alikod lo awe W ddwki (e) whm Iw do** real w eared= mW (d) fiat how to no do ddWt n spmd& d may rusk tat acaalwailai d dw am saataed by this Ism* ifisdrtaaait, hndtaana by jw&W proow&mg ad auk of Ilse >rtopettys Lander Ad beater teener lwtewer d tie rat to rdastmta mrsor s mA s" aid the right to woore w tie lhredoms paeetNiiag dw mo*gd dams of a 660 or mW edw dd ro of itorrmtar to MdwWai seal hmbm& ll< lbs *MnM Is ad amain speoAad. Lasades' at to opgea mio' togwta* baafodiatepay.at°?1t111i of aB gene regard by fits Seem* bokmat witwat AnAw d mm d and rosy foredese tbb Seawlky bslrat M by J" M plgoaeiag. Lombr o be aafaNd to cvkoat aN egwMa itatra - to p4ru ap tie "OWN prI ialad a Iltb Beedsi ?$ bdadh% Teat not NmNW t% attorneys' ha ad toots d 0k avWmw to the gesso porsaitW by App1iW U Rdum Upt pqmW of of vans secaW by this SeowW fts?t, thin Saco Ian slid the ease conveyed A tam became void. Af m oweb owwRmaa, Y.eariar ahsil tSaoltapo sari md * this Sec o ft Tusbamett. 8mower siW pry any reoadedon coat. Leader msy dwpa Bots+aww m ho for mkmkS Thin Own* b#himead', btt wi4y if fife fee is pdd to a third pang for sa'vieas s, m It eel and do d u0mg of One tiro b 24. Wai Hamm, to tie wmt paataiaod by AppIcabb 14m wa hu std tebssos ¦ y array or defem in paeceedl w to atom fhb Soco ty t *ummt. sad booby worm be ba idit of aw peasant w him taws rovift ON day of emidoo, a amdon of timer memoon ftm moot, levy ad ads. tad komodeed 06mmoon. 21 Rcho a misat !mated. Boaromes dam to ads provWW im S*Wm 19 *4 atoned b one boar pier lo dwsom mosme» t of bW tag at a ahaltY's sale or d w Ws pm as d to tkb Seemi(ybdsammt. X& Forcb a Now Mwftw If ally of the debt seated by this Socuft bdramatt is lent to Bmawor b mogdm ft m Wo Pm**V. this Socvaiay hokowot Ad bo +a pwohw meaty taoadpgpr. YI. lalawi bale Adler Jadgtmsat: Borrower op m that &e i-- -- mbo dw a }ttd01" is setaod m the Note or la an soft of mmtgago fwwlosm s>ta11 be the rate pgwbb lim to dm ender the Note. 7mmomom- -- pa.?t.ss..?areictaaanlwaavrr tttawt?M.aaim rrr?r aaeea.?n.cwW.wa...,? BK 1989PG3977 1 +QaFGftWWPmW HY MXM BM OW, Homnwrx mcopb ad eta to dw tame and aova WW oGddwd in tMz Swu * kWn m m and is mWRldw axg *d by Borrower end ro=WW with h. o (sell) >rllldVlC maw] (Sell) Domw lP+e WNmd r i r IPPNW Nam] (seal) . k"W lP Atmod Catilteete afRogdow., •odtied to in?+eet vwb do Is 3* hl 417:531 By: PI& rite: w i Fm*Fapmk mblfi%ao mft tAreloel?lt SWIRV WuT "Mt+ wN w *wm 3wGm INC__ Qe?.trprjerte ?? ta???rn,ns meae?zs.G?Ww:,.:su BKI909PG3978 i r Stye of FA County of FtAWLA uU j On thin IW73P dw of *Pru,. 2t?b'} ? bdw ms the undmafsasd ottca? petsomilly R i0m N mimmc k wm to me (or swLAwWly pmvm) to W ?e saw for whole mm(a) isles sobsmiMd to the witWn iasttmnent, sod soimawl*W ft beldwAheyy m*c?tfed Ow pmpows fhmb coottdnod. lu winless whaoof, I limmtp sat my had and official slat. Ax. (9esl) dt la, TW@att»oa NOURIAL sSAL JEANNN M. ARNDLD, NOTAfty pUt1LI Sanlhm"fon 7Mro.. Frankila 000ro My CGnMNsion 8xplaa AprH th, O T mm lioa go,amb MkdF=ddk Mao OfOOf?U[ LOUMa r "S t?Mi?ilYtm mfte1 er- p4el4ot14 OIea+C7r.cutarww?.'a? OKI989PG3979 ALL that cartain tract of real estate lying and being situate in Dickinson TownsWp, Cumberland County, Pennsylvania, bounded and described as follows: BEGIlMM at the coiner of Lander of Lot 14 and Lot 15; tbance along Lot 14, South 82 degrees 26 nnmaoos 46 seconds west 735.10 foot to a concrete monument; thence along the same. South 01 degree 38 minutes 56 seconds West 421.03 feet to a concrete monument at comer of lands of Lot 15 and Latino now or fow=ly of Lewis R. Pink and Thelma R. Fink and Ralph L. Pefl or and Roscann F. Peffor; thence along said lands now or footmerly of Fink and Peffer South 86 degrees Oki minutes 49 seconds West 416,56 fact to an iron pin at corner of Lot 15 and lands now or fomuxly of Albert L. Vaoc+dofonl, North 13 degnx a 33 minutes 58 seconds WcA 591.98 fact to an existing iron pln at cartoon of lands of Lot 15 and land now or formerly of Rrchard L. Monson; throe along sold Morrison Lands North 82 degreoa 26 minutes 46 won& East 1,276A fbet to an axisting mag snail at the corner of lands now or far mcrly of Richard L. Morrison and Stone House Road T-545: thence along Stone House Road. T-545, South 06 degrees 32 minutes 29 seconds East 200.03 feet to a mug nail at the place of BEQINNI O, CONTAINING a total area of 10.16303 acres, morn or less, as sat forth on subdivision plan p Waved for "South Flelds prepared by Dennis E. Black Engineering, Inc. dated September 6, 2006 and roaorded in Plan Book 93, Page 90, BEING all of Lot 15. Tax Pared Number: P/O 08-09-0523-003B Schedule "A" 8K t 989PG3980 Home Loan Servicing 6900 Beartice Drive Kalamazoo, MI 49009 160 STONEHOUSE ROAD CARLISLE, PA 17015 ACT 91 NOTICE Sent Via Certified Mail 7113 8257 1473 7347 3513 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 0 November 03, 2009 JOHN MUSHOVIC 160 STONEHOUSE RD CARLISLE, PA 17015 RE: Loan Number 1009781863 Legal Description of Property: This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. . t b1 T 1 7113 8257 1473 7347 3513 as 1 6?4. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT PLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the proneM is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 A BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 Current Monthly Payment: $540.00 Total Monthly Payments Due: $1,620.00 Late Charges: $81.00 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$110.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,602.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,602.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged vrooerty. 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 7113 8257 1473 7347 3513 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 paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at ,any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 7700 West Parmer Lane Austin, Texas 78729 Loan Resolution Department 1 (877) 908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-free at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA For certain loans that we service, we are required by Federal Law to inform borrowers that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication does not imply that this is an attempt to collect money from anyone whose debt has been discharged pursuant to the bankruptcy laws of the United States; In such instances, it is intended solely for informational purposes. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informar a prestatarios que procuramos colectar una deuda y que cualquier informacion obtenida sera utilizada para ese proposito. Si usted tiene cualquier pregunta con respecto a esta carta, por favor communiquese con nosotros at numero 877-908-4357. INII Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING r 7113 8257 1473 7347 3513 IndyMac Mortgage Services a Division of One West Bank PO Box 9042 Temecula, CA 92589-9042 Send Payments To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 490034045 Send Correspondence To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 r ,I 2226994705 JOHN MUSHOVIC 31 W BIG SPRING AVE APT 1 NEWVILLE, PA 17241 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 20091104-72 xC718 1159-v23 Home Loan Servicing 6900 Beartice Drive Kalamazoo, MI 49009 November 03, 2009 JOHN MUSHOVIC 31 W BIG SPRING AVE APT 1 NEWVILLE, PA 17241 RE: Loan Number 1009781863 Legal Description of Property: 160 STONEHOUSE ROAD CARLISLE, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached nacres The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME This Notice explains how the program works To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicingyour county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI IIR SU HIPOTECA. ffi""': 2226994705 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE'. YO U HA VE THE RIGHT TO FILE A HEMAP APPLICATION E VEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. r 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 A BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 Current Monthly Payment: $540.00 Total Monthly Payments Due: $1,620.00 Late Charges: $81.00 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$110.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,602.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,602.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure 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 2226994705 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 Raving 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 mo a e Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 7700 West Parmer Lane Austin, Texas 78729 Loan Resolution Department 1 (877) 908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 061 You may also contact a HUD-approved housing counseling agency toll-free at 1(800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA For certain loans that we service, we are required by Federal Law to inform borrowers that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication does not imply that this is an attempt to collect money from anyone whose debt has been discharged pursuant to the bankruptcy laws of the United States; In such instances, it is intended solely for informational purposes. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informar a prestatarios que procuramos colectar una deuda y que cualquier informacion obtenida sera utilizada para ese proposito. Si usted tiene cualquier pregunta con respecto a esta carta, por favor communiquese con nosotros al numero 877-908-4357. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING z z 2226994705 OneWest Bank, FSB v. John N. Mushovic VERIFICATION The undersigned is Vice President of OneWest Bank, FSB and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OneWest Bank, FSB Name: Dennis Kirkpatrick Title: Vice President Company: ()N E V46S-1 ?ifl1c?, ; E S3 10-037039 1'FI.~LI-' ~FY~V~ ~?Y ^ ~~' "~~'~ SHAPIRO & DeNARDO, LLC ~ ~ ~~ ?~1~ ~~ BY: CHRISTOPHER A. DeNARDO, ESQUIRE .~~ ~~~ ' 6 ~~ ~~: ~ ~ ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 ~~~~~'~`~~„~~ ~,~~~i KING OF PRUSSIA, PA 19406 p~1NSYLVANIA OneWest Bank, FSB ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DNISION VS. ~ CUMBERLAND COUNTY Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, NO: 10-5539 Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Shapiro & DeNardo, LLC, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the above-captioned Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, by publication and by posting of the subject premises located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 and, in support thereof avers the following: 1. Plaintiff believes, and therefore avers, that John Mushovic died on or about February 18, 2010. Plaintiff, by and through its agents, has reviewed the appropriate public records to determine if an estate has been created and, if so, whether a personal representative has been appointed. The review of these public records indicates that no estate exists for John Mushovic. 2. Any attempts at personal service of the Complaint in Mortgage Foreclosure would not be successful. 3. Service of process by publication is permitted by Pennsylvania Rule of Civil Procedure 430(b). 4. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." 5. In the case at bar, the Complaint in Mortgage Foreclosure as filed indicates that no estate of John Mushovic exists, despite a good faith investigation of the probate records as set forth in the Affidavit attached hereto and incorporated herein as Exhibit "A." WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015. SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire Attorney for Plaintiff :5h~piro c~ D~Narda, LLC 3~it)t) Ncsrizax~ Drive, Ste: 15t} I~irYg of Prussia. Pfd 19~~G RF: Yauc File i~a~: 10-037039 Dear Its. Q'Ke+~fe; Au~,ust l G, 201 Q Pursuant to yat~r re~ucsc, sesrch tiaras ronciu~ted ~t"the Cumb~erl~usti County Fte~ister c~f'tVills to d~ttn~tine if an c~t~ta 4v~s r~lis~d in the nameof John l~i~tsliavc v~rt dial nn February J'8.2QI0, S~airch of the Register of 1Ui11s unco~crcd no record of aln estate tiled=tra date. ~houid you have ytlestiQns. plc.~fic do nat hesitate to contact rne. Vern truly yattts, ~~ ~ ~, ~alte lo.. Co varCi,i, CCDI ~.i~'~~tett 13c1~ 4tre:rt I'hitadcl~aEai,t. ('r1 39YClz l .) =tai-'-! t?t? Fax (:? l S°I `~'! i-()1 K9 ~: , ~ / ~• k + ~ OneWest Bank, FSB vs. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased VERIFICATION Christopher A. DeNazdo, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC Date: q ~`~ ~~ BY: Christopher A. DeNazdo, Esquire Attorney for Plaintiff S&D: 10-037039 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. In real property actions, such as the instant action in mortgage foreclosure, Pennsylvania Rule of Civil Procedure, 410 (c), sets forth the manner in which service shall be made pursuant to an Order of Court under Pa R.C.P. 430 (a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430 (b),(2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the court deems appropriate to serve notice to the defendant. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." As both the Complaint in Mortgage Foreclosure as filed and a good faith investigation of the probate records as set forth in the Affidavit make clear no estate has been raised for John Mushovic. As such, it is impossible for Plaintiff to properly server everyone on behalf of Defendant. In order to complete service on the Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, so as to move this action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendants, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 by the Sheriff, competent adult, or other party allowed by law. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: --'- Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF (7 VS. ~ Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion For Service Pursuant to Special Order Of Court on -- ~- to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Meghan M. Girroir, Known Heir of John N. Mushovic, deceased, 31 West Big Spring Avenue, Apartment 1, Newville, PA 17241 SHAPIRO & DeNARDO, LLC Date: r BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff ,' SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 OneWest Bank, FSB PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY ~Ep 1 7 2010 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, NO: 10-5539 : ~ ~a ~ ~, Successors, Assigns, and All Persons, Firms, ~ _~~`=. ~ ~:~ or Associations Claimin Ri t, Title or g ~ ~ ' `~~="' ~~! ° ~``' ~`~~ Interest from or under John N. Mushovic, ~ _ ,-,;~=~ deceased ~ DEFENDANTS ~ ~ =r~= `==' _^ ~ this ~ day of AND NOW ~.~ , 2010, upa r„ , ~ c: a consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the ~, ...,. .-;~-=µ ~'t ~' `. --~ ~ -~~ -.~-~r ~~ °n Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road, Carli 015. /) THE l._p Y ,~,~ Cam(, ~ ~,,~"' ~ ~~~ J. 4/~/~d ~'l SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF ,U r COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS NO: 10-5539 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff (51 -"?L ?? .3sav7y ??.?va7?y SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. N0.78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF vs. ' Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased 31 West Big Spring Avenue Apartment 1 ' Newville, PA 17241 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased ; 160 Stonehouse Road ; Carlisle, PA 17015 ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY dag 0,- . na,,. o ? N t ? ?c N t . a+ COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ` Chief Deputy Richard W Stewart Solicitor OF'?ICE " +`!LE3_CFF1CE Thi'o Q TAR ,,o AP n, ii, LA N0 CCLlIjT y -? ,iJ L.Vr, OneWest Bank, FSB vs. Meghan M. Girroir SHERIFF'S RETURN OF SERVICE Case Number 2010-5539 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 160 Stonehouse Road, Carlisle, PA 17015 but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 160 Stonehouse Road, Carlisle, PA 17015 is a vacant lot. 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Meghan M. Girroir. Request for service at 160 Stonehouse Road, Carlisle, PA 17015 is a vacant lot. 09/2312010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Meghan M. Girroir. Deputies were advised Meghan M. Girroir does not reside at 31 W. Big Spring Avenue, Apartment 1, Newville, PA 17241. The Newville Postmaster has confirmed Meghan M. Girroir is not known at this address. SHERIFF COST: $91.20 September 23, 2010 SO ANSWERS, RbNNrY R ANDERSON, SHERIFF ;c CountySuite S;??.?ff, 7elxs:'t. lnt,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~,~'~~' at ~~t,r~b,rr/;i~,d Jody S Smith .. Chief Deputy ~ ~ ~' °t ~~: ~~ Richard WStewart Solicitor `~F"'~~ ~='F'"~ =~"`R'AF OneWest Bank, FSB Case Number vs. 2010-5539 Meghan M. Girroir SHERIFF'S RETURN OF SERVICE 09/28/2010 10:45 AM -William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1045 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, pursuant to order of court by posting the premises located at 160 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17015 with a true and correct copy according to law. ILLIAM CLINE, UTY SHERIFF COST: $39.40 September 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF >~ ~ - a sAt~ c~ c3 --~a ~~ n r ~~ m~ r 3~ t ._a .. °c -~ ~~Q ~ p -r; -t c..~ 3' a ~~ (c) CountySuite Sheriff. Teleosoft. Inc. BY: CHRI ATTORNI 3600 HOR KING OF TELEPHC S&DFII OneWest PLA: VS. Meghan Mushovid, Successota or Associ~ Interest fr. deceased DEFF I, Ti that on the ~ attached as] ~ DeNARDO, LLC TOPHER A. DeNARDO, ESQUIRE Y I.D. NO: PA Bar # 78447 SON DRIVE, SUITE 150 RUSSIA, PA 19406 1E: (610)278-6800 NO. 10-037039 FSB . Girrior, Known Heir of John N. deceased and Unknown Heirs, Assigns, and All Persons, Firms, :ions Claiming Right, Title or m or under John N. Mushovic, F"iL~O-D~ VICE E? ~ (l DCT 20 Phi ! ~ ~ I ~'Ji~tBE(~LA~~~ ~t?~~3'Y COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 AFFIDAVIT OF SERVICE Donnell, the undersigned, being duly sworn according to law, hereby depose and say day of ,- ~ ~ C'CU 1~t , 2010, pursuant to the Order of Court, "A," I served a true and correct copy of the Complaint in Mortgage Foreclosure in the matter to the Defendant(s) listed below at the address provided by publication in a legal publication t circulation Meghan M. 17015 by the court for the publication of legal notices and in one newspaper of general Cumberland County. Proof of said publications are attached as Exhibit "B." irrior, Known Heir of John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA Unknown H irs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from~br under John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Meghan M. rroir, Known Heir of John N. Mushovic, deceased, 31 West Big Spring Avenue, Apartment 1, Newville, ,A 17241 SHAPIRO & DeNARDO, LLC BY: , Tiffany Donnell, Legal Assistant to Attorney for Plaintiff I hereby ve~fy that the statements made herein are true and correct to the best of my lrnowledge, informations rand belief and that this Affidavit of Service is made subject to the penalties of 18 Pa. C.S. Sec. 4904 r~~ating to unsworn falsification to authorities. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH OF PENNSYLVANIA COUNT~'I OF CUMBERLAND ss. Li~a Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State afor paid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a '~egal periodical published in the Borough of Carlisle in the County and State aforesaid, was establ 'shed January 2, 1952, and designated by the local courts as the official legal periodical or the publication of all legal notices, and has, since January 2, 1952, been regularly issued wee ly in the said County, and that the printed notice or publication attached hereto is exactly the~'same as was printed in the regular editions and issues of the said Cumberland Law Journal on Ithe following dates, Viz Oc bber 1, 2010 J--- i Aff~nt further deposes that he is authorized to verify this statement by the Cumberland Law Journ ~, a legal periodical of general circulation, and that he is not interested in the subject matter of t 'aforesaid notice or advertisement, and that all allegations in the foregoing statements to time, place and character of publication are true. ~- is arie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 1 day of October, 2010 .. Notary NoTAruA~ s~K oESOpAa ~ co~uNs Koury PubNc ~OR01l3H. CU~AdERIANO COUNTY Mf- ConnNwion E~Ins Apr 2a. 2014 :. , CUMBERLAND LAW JOURNAL li CE OF ACTIOIi IN MO 1i-(iE FORFCLO$URE In the Court of Common Pleas of Cumberlard County, Pennsylvania C~~il Action-Law NO. 10-5539 OneWest Bank, FSB, Plaintiff vs. Meghan IyI. Girrior, Known Heir of John ~,. Mushovic, deceased and Unkn{~wn Heirs, Successors, Assigns, ar~4i All Persons, Firms, or Associado 's Claiming Right, Title or Interest from or under John N. Mu ovic, deceased, Defendant(s) To the Def ndant(s), Meghan M. Girrior, own Heir of John N. Muahov' ,deceased and Un- known irs, Successors, As- signs, an All Persons, Firms, or Associati s Claiming Right, Title or Intere from or under John N. Mushovi deceased: TAKEN ICE THAT THE Plain- tiff, OneWe Bank, FSB has filed an action M rtgage Foreclosure, as captioned a ve. NOTICE If you with to defend, you must enter a writt' n appearance person- ally or by at rney and file your de- fenses or obj ctiona with the court. You are w ed that if you fail to do so the ca may proceed without you and a ju ent may be entered against you out further notice for the relief req ested by the plaintiff. You may to money or property or other rights i portent to you. YOU SHO LD TAKE THIS NO- TICE TO YO LAWYER AT ONCE. IF YOU DO T HAVE A LAWYER GO TO OR TE PHONE THE OFFICE SET FORTH ELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Sar Association 32 South Bedford Street Carlisle, PA 17013 CHRISTOPHER A. DeNARDO, ESQUIRE SHAPIRO 8s DeNARDO, LLC Attorneys for Plaintiff 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 (610) 278-6800 Oct. 1 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): September 28, 2010 COPT OF NOTICE OF PUBLICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW N0.10-5539 NOTICE OF AC ION IN MORTGAGE FORECLOSURE OneWest Bank, FSB, Plai iff vs. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased an Unknown Heirs, Successors, Assigns, and All Persons, Firths, or Ass li~toons Claiming Ri®ht, Title or Interest from or .under John.ffl. Mushovi , deceased, Detend3ant(s) To the Defendant(s), Meg n M. Girrior, KfaYVn Heir of John N. Mushovic, deceased and Unkndw Heirs, Successors, Assigns, and All Persons, Firms, or Associations C diming Right, Title or Interest from or underJohn N. Mushovic, deceased: T KE NOTICE THAT THE Plaintiff, OneWest Bank, FSB has filed an action ortgage Foreclosure, as captioned above. N Ti IF YOU W ISH TO DEFENf~, YOU MUST ENTER A W RITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE YOUR DEFENSES OR OBJECTIONS WITH THE COURT. YOU ARE WARNED THAT IF YOU FAII. TO DO SO THE C SE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BEE TERED AGAINST YOU WITHOUT FURTHER NOTICE FOR THERE FEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PR PERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THI$ NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS ©FFICE CAN PROVIDE YOU WITH INFORMATION -ABOUT HIR WG A LA11~'YER_ IF YOU CANNOT AFFORp TO HERE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE Yf~U WITH INFORMATION ABOUT AGENCIES ~ -THAT MAY.bFFER`tE AL SERVIGES TO €LI(iIBLE PERSONS AT A REDUCED FEE OR N FEE. Cumberland County Lawyet'Referral Service CumtDerland County Bar Association 32 South Bedford Street Carlisle, PA 17013 CHRISTOPHER A. DeN DO, Atty. for Plaintiff SHAPIRO $ DeNARDO, ~C 3600 HORIZON DRIVE, (JITE 150 KING OF PRUSSIA, PA 1 406 ti10-27e.~ep0 Affiant further deposes ghat he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this -r h I rt ~ ~'~~~~ Notary Public My commission expires: NOTARIAL SEAL,~~~ BAMBI ANN HECKENOORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires ~~ : 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor _ FfLC~-~1~Fl~~rr. ~;~tp 64 ~riintrrly OneWest Bank, FSB vs. Meghan M. Girroir Case Number 2010-5539 SHERIFF'S RETURN OF SERVICE 10/06/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Meghan M. Girroir, Known Heir of John N. Mushovic, Deceased, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10!14/2010 07:04 PM -York County Return: And now October 14, 2010 at 1904 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Meghan M. Girroir by making known unto herself personally, at 8027 Gnatstown Road, Hanover, PA 17331 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 01, 2010 SO ANSWERS, ~~~ _ RON R ANDERSON, SHERIFF !C i~Qtni.'r7UItE 5t?0'~`r. TFE~^50`7, nL. SHERIFF'S OFFICE OF YORK COUNTY s Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor t~ Reuben B Zeager Richard E Rice, 11 Chief Deputy, Operations > Chief Deputy, Administration ONEWEST BANK, FSB Case Number vs. 10-5539 MEGHAN M. GIRRIOR SHERIFF'S RETURN OF SERVICE 10/14/2010 07:04 PM -DEPUTY TYRONE SNEERINGER, BEING OULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MEGHAN M. GIRRIOR AT 8027 GNATSTOWN ROAD, HANOVER, PA 17331. r'" T'1TRONE SNEERIN R, DEPUTY SHERIFF COST: $38.00 October 27, 2010 SO SW S, R CHARD P K ERLEBER, SHER F NOTARY Affirmed and subscribed to before me this 27th _dayof OCTOBER 2010 `URY' S;Jiir. Sited M, '('' •?i5~5:1!l, itll: /~~~ ' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LISk L. THORPE, NOTARY PUBLIC CITY' OF YORK. YORK COUNTY MY COh.1PaISSiON EXPIRES AUG. 12, 2013 ONE WEST BANK, FSB, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010 - 5539 CIVIL TERM MEGHAN M. GIRRIOR, Known Heir of : CIVIL ACTION - LAW John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased c CS ? Defendants. ? C0 ct? -t ? Z --70 ZZ - NOTICE TO PLEAD r-a %O ©? o ? 1 You are hereby notified to file a written response to the enclosed Answd wk% Nov Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT, P.C. Dduffias Miller, Esquire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: November 19, 2010 ONE WEST BANK, FSB, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 5539 CIVIL TERM MEGHAN M. GIRRIOR, Known Heir of : John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased Defendants. CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 19th day of November, 2010, come the Defendants by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this Answer with New Matter to the Plaintiff s Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) and all of its subparagraphs contained in the Plaintiff's Complaint so they are all therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants were neither a party to the Mortgage or formally notified of the purported assignment of the Mortgage interests. 2. The averments contained in paragraph two (2) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, it is believed and therefore asserted that the Plaintiff should know the exact source and identity of its own legal interests. 3. The averments of fact contained in paragraph three (3) are denied as stated. It is admitted that the real property is generally known as 160 Stonehouse Road, Carlisle, but the remaining averments in paragraph three (3), including any inference that a complete copy of the subject Mortgage is attached to the Complaint, are specifically denied and strict proof thereof demanded at trial. 4. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the mailing addresses identified in paragraph four (4) are the mortgaged property address which is vacant land and contains no residence, and the former apartment of the deceased mortgagor. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants are not "Mortgagor, Real Owner, or both." To the contrary, Defendants did not sign any document with regard to the subject real estate and did not sign the Mortgage. Furthermore, while upon information and belief John N. Mushovic did pass away on February 18, 2010, title did not vest in Meghan M. Girroir as asserted by Plaintiff. 6. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph six (6) so they are therefore specifically denied and strict proof thereof is demanded at trial. 7. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff has identified two (2) different interest rates without supplying any supporting documentation that the underlying loan is subject to adjustable interest rates, and the additional costs itemized by Plaintiff are similarly unsupported by attached documentation. 2 8. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants are not aware of the interest rate set forth in any Note because they were not a party to or signatory of any such document, and they do not have direct knowledge as to what other expenses, costs, or charges may be collectible under such a document. Furthermore, the Note referenced by Plaintiff in paragraph eight (8) is not attached as an exhibit even though it is a written document identified in that paragraph. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the instant action is actually the second docketed action and at least the third different attempt to proceed with foreclosure on the subject real estate, which delays and/or additional costs are the result of the Plaintiff and not the Defendants. 10. The averments of fact contained in paragraph ten (10) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the notices attached as Exhibit "B" to the Plaintiffs Complaint are addressed only to the deceased mortgagee, not the Defendants, and were addressed only to the mortgaged property which is vacant land and contains no residence, and the former apartment of the deceased mortgagor. Furthermore, the attached notices are dated more than one (1) year ago and were not sent to the Defendants. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 3 WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 12. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 13. Plaintiff originally filed a mortgage foreclosure action at Cumberland County Docket No. 2010 - 0843 on or about February 2, 2010, against the mortgagor who subsequently died. 14. In that prior action, Plaintiff then sought and received permission to substitute "Meghan M. Girroir, Co-Executor of the Estate of John N. Mushovic, deceased" as the party defendant, and an Amended Complaint was subsequently filed. 15. However, to the best of the Defendants' knowledge, information, and belief, no estate has ever been opened for John N. Mushovic, and no letters issued appointing any executor or administrator of his estate. 16. Plaintiff's legal counsel subsequently filed a Praecipe to Settle, Discontinue, and End the prior action on or about July 20, 2010. 17. At no time has Plaintiff prepared or attempted to serve any Notice to the Defendants under the Homeowners' Emergency Mortgage Assistance Act of 1983, or any other notice necessary under other local, state, or federal statute or regulation. 18. Plaintiff did not attach a copy of the Note identified in the instant proceedings, nor upon information and belief are any of the named or identified Defendants signatories of any such document. 4 19. The mortgaged property address is vacant land and does not contain a residence, and none of the Defendants reside at or receive any mail at the mortgaged property. 20. Defendants have never received any notice or correspondence transferring or purporting to transfer the mortgage obligations to the instant Plaintiff. 21. Defendants have never received any notice or correspondence transferring any interest in the associated mortgage note to the instant Plaintiff. 22. After reasonable investigation, Defendants are unaware of the nature or identity of Plaintiff or its alleged interest in their mortgage or mortgage note. 23. As a result of the failure to be served with proper notices, Defendants did not contact a consumer credit counseling agency or otherwise seek either counsel or assistance in order to protect their purported interests in the subject property. 24. As a result of the above, all or some of Plaintiff's claimed damages are attributable to persons and/or causes other than Defendants. 25. If Plaintiff establishes that it suffered injuries and damages as alleged in its Complaint, said injuries and damages were caused solely by the actions of the deceased mortgagor and/or other individuals not identified as Defendants herein, as more fully outlined above. 26. Plaintiff asserts unsubstantiated costs of suit, title report, late charges, legal fees, and interest charges unknown to the Defendants. 27. Plaintiffs claims may also be barred and/or limited by Plaintiffs failure to mitigate or to properly mitigate its damages. 28. Defendants believe and therefore aver that they are not properly identified as parties to this action, have not been given the proper legal notices required by law, and were not parties to the underlying Mortgage and Note referenced by Plaintiff. 29. Plaintiffs Complaint therefore fails to state claims or causes of action upon which relief can be granted. 5 WHEREFORE, Defendants respectfully requests this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: A?L Dou as G. Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: November 19, 2010 Attorney for Defendants 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. A ,'41 MMEGVAN IRROIR Date: November 19, 2010 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both via facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Attorney for Plaintiff) Date: November 19, 2010 IRWIN & McKNIGHT, P.C. AA- J Douglas G. er, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. ' Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS OF THELPROiU`HONOT AR's 2010 NOV 30 AN 9: 30 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 PRAECIPE TO SUBSTITUTE VERIFICATION , TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorneys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB ; PLAINTIFF V. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Counsel for Plaintiff, hereby certify that on November 2, 2010, a true and correct copy of the attached Praecipe to Substitute Verification was served by mailed same by regular mail, postage prepaid, to: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire . VERIFICATION The undersigned is an authorized signer of OneWest Bank, FSB, servicer on behalf of the Plaintiff and as such is familiar with the business records maintained by OneWest Bank for the purpose of servicing mortgage loans. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from other information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by OneWest Bank, FSB. I am authorized to make this verification on behalf of Plaintiff and hereby verify that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: IDINA (U OneWest Bank, FSB on behalf of Plaintiff Nam , Title: SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. ' COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and Co All Persons, Firms, or Associations Claiming y Right, Title or Interest from or under John N. r Mushovic, deceased ? ) DEFENDANTS PLAINTIFF'S REPLY TO DEFENDANTS, MEGHAN M. GIRR?O, KNOWN HEIR OF JOHN N. MUSHOVIC, DECEASED AND UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOHN N. MUSHOVIC, DECEASED'S NEW MATTER Plaintiff, OneWest Bank, FSB, by and through its attorneys, Shapiro & DeNardo, LLC, and hereby replies to Defendants, Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased's New Matter in accordance with the numbered paragraphs as follows: 12. No response is required. 13. Admitted. 14. Admitted. 15. Admitted in part and denied in part. After filing the Complaint, Plaintiff was advised by the Office of the Cumberland County Prothonotary that John N. Mushovic died on February 18, 2010 and that all further correspondence on the matter should be directed to Meghan M. Girroir, as Co-executor of the Estate of John N. Mushovic, deceased. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Information provided by the Prothonotary's Office. 16. Admitted. 17. Admitted in part and denied in part. Pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et SeMc ., Notice need only be sent to the individual Mortgagor(s) at their mailing address and/or the mortgaged property, and as none of the Defendants are mortgagors, no notice was required to be sent to them. The remaining allegations of paragraph 17 are denied as conclusions of law to which no response is required. 18. Admitted in part and denied in part. It is admitted that a copy of the Note was not attached to the Complaint. It is denied that a copy of the Note is required, as in Mortgage Foreclosure actions, lenders need only sue against the Mortgage. However, and by further reply, a true and correct copy of the Note is attached hereto and marked as Exhibit "B." It is admitted Defendants are not signatories on the Note. 19. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 19, and accordingly denies the same with strict proof thereof demanded at trial. 20. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 20, and accordingly denies the same with strict proof thereof demanded at trial. By further reply, the mortgage was taken out with Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB on April 23, 2007. The mortgage was subsequently assigned from Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB to OneWest Bank, FSB. The Assignment of Mortgage is a matter of public record, and a true and correct copy of the recorded Assignment is attached hereto and marked as Exhibit "C." 21. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 21, and accordingly denies the same with strict proof thereof demanded at trial. By further reply, the mortgage note was assigned from Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB to OneWest Bank, FSB. The Assignment is a matter of public record, and a true and correct copy of the recorded Assignment is attached hereto and marked as Exhibit "C." 22. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 22, and accordingly denies the same with strict proof thereof demanded at trial. By further reply, Plaintiff is the current holder of the mortgage as per the above-described Assignment. 23. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 23, and accordingly denies the same with strict proof thereof demanded at trial. 24. Admitted in part, denied in part. It is admitted the mortgagor defaulted on the mortgage, and not the Defendants, however, the mortgagor died and his interests in the property transferred to his heirs upon his death. 25. Admitted in part and denied in part. It is admitted the mortgagor defaulted on the mortgage, and not the Defendants, however, the mortgagor died and his interests in the property transferred to his heirs upon his death. 26. Denied. Plaintiff is entitled to collect all costs, fees and other charges as listed in the Complaint as per the mortgage and note. By further reply, see the invoices attached hereto and marked as Exhibit "D." 27. The allegations of paragraph 27 constitute conclusions of law to which no response is required pursuant to the rules of civil procedure. To the extent a response is deemed necessary, the allegations are denied. 28. Admitted in part and denied in part. Defendants, as heirs to the mortgagor, are properly named as Defendants in this action; pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., Notice need only be sent to the Mortgagor(s) an none of the Defendants are mortgagors, and are therefore not entitled to receive any Notice. 29. The allegations of paragraph 29 constitute conclusions of law to which no response is required pursuant to the rules of civil procedure. To the extent a response is deemed necessary, the allegations are denied. WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed. SHAPIRO & DENARDO, LLC BY: i elle Boyle-Ebersole, Esquire Attorney for Plaintiff 10- Office of the Prothonotary Cumberland County David D. Buell Prothonotary Date 3/30/10 TO: Attorney DeNardo, We are returning the enclosed transaction(s) for the following reason(s) : • Incorrect fee received $ should be $ • Need signature • Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is not a substitute for service of process. Other reasons : We received this on Tuesday, March 30, 2010. Thought you might need this for your records. On 3/23/10 you sent us a Judgment and Writ which was processed. Thank you. Note: All transactions- directed to this office must include a SELF ADDRESSED ENVELOPE WITH POSTAGE if a return receipt or certificate is desired. PAYMENT or FEE at time of filing will be required in every instance. David D. Buell, Prothonotary Deputy Prothonotary One Courthouse Square, Suite 100, Carlisle, PA 17013 717-240-6195 - www.cepa.net E?6+1bit'A" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square C Carlisle, PA 17013 -, David D. Buell Prothonotary TO. John N. Musbovir- -31 West Big Spring Avenue Apt 1 Newville, PA 17241 OneWest Bank, FSB PLAINTIFF VS. ; John N. Mushovic DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-843 NOTICE N sv 0. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the abo roceeding as indicated below. Pro otary 3?a.311 D [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. To: Dave n :? RE:;; hm Vyuta o s ; Account #: tO `O John N. Mushovic died February 18, 2010. Further correspondence on this matter should be with Co-executor of his estate, Meghan M. Girroir, 8027 Gnatstown Road, Hanover, PA 17331. 717-637-2323 (H) or 717- 965-6644 (C). Loan q 126122489 ?'. ADJUSTABLE RATE NOTE (LIBOR - Rate Caps) (ARM Balloon Lot Loan) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THIS LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. April 23, 2007 SHIPPERSBURG Pemsylvani.a [Data] [City] [sumj O?/ 160 S'IiC[BIaM ROAD, CARLISLE, PA 17015 G jN4L [Property Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 96, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is INDOMC BANK, F.S.B., A FECERMZ,Y CHARTERED SAVDQS BANK I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on June 1, 2007 I will make my monthly payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before Principal. If, on May 1, 2012 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at DMYMAC BANK, F.S.B., P. 0. BOX 78826, PHOENIX, AZ 85062-8826 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My initial monthly payment will be in the amount of U.S. S 750.00 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. Indya4c Bank MULTISTATE ARM BALLOON LOT LOAN • LIBOR HCL 918 Pp"1o14 - 8480454 roso9i VMP MW%6V SoWn". W. 18001521 7291 09106 ibii 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Chomp Data The interest rate I will pay may change on the first day ofNovwdxrr, 2007 , and on that day every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. Tho most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. i (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding three and 750/1000ths percentage point(s) ( 3.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one.eigbth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in Nit on the date 30 years from the date of the Note (the "Amortization Period") at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. I acknowledge that this amount will not be sufficient to repay my loan in full on the Maturity Date and that I may owe a significant amount to Lender on the Maturity Date. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.375 % or less than 8.375 %. Thereafter, my adjustable interest rate will never be increased or decreased, on any single Change Date by more than one and NO/1000ths percentage point(s) ( 1.000 ) from the rate of interest I have been paying for the preceding 6 month(s). My interest rate will never be greater than 15.375 %, which is called the "Maximum Rate." (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (l) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any redaction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits wilt be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Imn NO: HCL 618 8480464 m= Pope s or a 09106 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late tatarges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end' of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the fall amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if l am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. g. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE j If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentntcat" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is based upon a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protocts the Note Holder from possible losses that might result if I do not keep the promises that 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fall of all autos secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. rbarl No: -------- Htxat6 8490454 toson r.s.9 "f. . 0910% If Lender exercises the option, Lender shall give Borrower notice of acceleration. The notice shall providc a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all scans secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. D . ?(.? M 4\ (Seal) (S-1) N NUMMC -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Scat) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Sign Original Only] PAY TO THE ORDER OF WITHOUT REC0UkSE NYDYMAC BANK, F.S.B. ' v ??? VINCENT DOMPftUWSKI . VICE Ptzuw NI 10M Nor HCL 919 8"04" lososi Pap 4 of 4 09105 ADDENDUM TO ADJUSTABLE RATE NOTE INTEREST ONLY FIXED PERIOD (LIBOR-Rate Caps) (ARM Balloon Lot Loan) Loan #: 126122489 . THIS ADDENDUM Is made this 23rd day of April, 2007 and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. f . Secdon 3(A), Time and Place of Payments, Is modified as follows: I will make a payment every month. This payment will be for interest only, in the initial amount of 750.00 I will make my monthly payments on the first day of each month beginning on Juste 1, 2007 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on may 1, 2012 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at INDYW BANK, F.S.B., P.O. BOX 78826, PROENM(, AZ 85062-8826 or at a different place if required by the Note Holder. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain In full force and effect. Dated: j.5 Arut- IL'd'7 ?: 1?1 I l (Seal) (Seal) VOM N NI]SWUC -Borrower -Borrows (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Yrdyalea Bards Addendum to AIMY1 Nob - Intomt only - e Month Ube - MAstete HCL 1001 8480717 9=71 vnnr MOry.e. ed,l- lm. W001121-7291 07105 Prepared By: Return to: Parcel ID#: Shapiro & DeNardo, LLC Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 08-09-0523-117 1111111111 THE ABOVE SPACE FOR RECORDING USE ONLY 10-037039 XXXXXX1863 ASSIGNMENT OF MORTGAGE Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to OneWest Bank, FSB (Assignee), a corporation with an office located at 888 E. Walnut Street, Pasadena, California 91101 and authorized to do business at that address, all of its right, title and interest, as holder of in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: ORIGINAL MORTGAGOR(S): John N. Mushovic ORIGINAL MORTGAGEE: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB DATE EXECUTED: April 23, 2007 AMOUNT SECURED: $96,000.00 DATE RECORDED: April 25, 2007 Book 1989, Page 3966 Recorded in Cumberland County, Commonwealth ofPennsylvania ("Mortgage"). LEGAL DESCRIPTION Legal Description more fully described in Exhibit "A" attached hereto and made a part hereof PropertAddress: 160 Stonehouse Road assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 Together with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. EFFECTIVE DATE: j Z$ Ztr%O Assignor, by its appropriate core rate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of ' 2010. [-d???bit ??C'' (Affix Corporate Seal) ATTEST: Name: S??• ;J K--?1? Title: Assistant Vice President STATE OF t?S ) COUNTY OF Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Nam&- Brian Burnett Title: Assistant Vice President BE IT REMEMBERED, that on this a g day ofa , 2010, before me, the subscriber, a Notary Public personally appeared Brian Burnett i S officers of Assignor, Mortgage ElectronicRegistration Systems, Inc., as nominee for IndyMac Bank, FSB, who I am satisfied are the persons who signed the: within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue .of a Resolution of its Board of Directors. ALEX MCBRIDE • Notary Public State of Texas 3 My Commission Expires November 10, 2010 I hereby certify that the correct address of the ASSIGNEE is: 888 ly Walnut Street Pas4dena, California 91101 Notary Public My commission expires: f/ . %?nnsue acnneroe; Our File No: 10-037039 Client No: XXX XXI863 Please RECORD I RETURN to: First Financial Abstract Company of Pennsylvania, Inc. 3600 Horizon Drive, Ste. 150 King of Prussia, PA. 19406 Tel: 610-278-6800 Fax: 610-278-9980 ALL 4W cmmin tact of real edm Iyin$ and beingaituale in DickWm Tor ip, Cumbarland Coualy, Paonaylvanla, bounded and dam*ed as follows: BFs(i *MG at tine comer of lands of Lot 14 and Lot 15; d mce along Lot 14, South 82 degrees 26 mbaw 46 aecomds West 735.10 footta a concrete mom a; tbonce along do sane. South 01 degtoe 38 minutes 56 seconds Weat 421.033 feet to a eoma ste moanm ent at coum of lands of Lot 15 and Iondo now or famWy of Lewis P- Pink and Mwbm R Pink and Ralph L. Pelt and Rom= F. Peter; thence akx g said Latch now or famarty of Fink and Peffir South 86 dgpm 08 mhwu 49 secosds West 416.16 heat to an inns pin at comer of Lot 15 And kwda saw or h medy of Albert L Veaddall, Notch 13 dug m 33 MbWw 59 seconds West $91.98 foot to in a kft Impbt at mm of _ -Ion& of W 15 and Lmd now at formerly of Mad L. Motrisam; tbamra ab" aid Moniean Linda Nm* s2 dagnos 26 minutes 46 seomnda East 1,276.6$ A* to am aods&g mog =H at the a nser of Linda now or fonurly of Richard L. Mammon and 3400 Hmm Rand T-W' d mm along Blow Thane Rood, T-545, South 08 dgpms 32 mid 29 a conds Bast 200.03 feat to a nag nail at the place of BEQIIVN O. CONTAII M atotal erasof 10.16303 a*", mm or lass, m nett on m6dWWm Propmud for "Booth NOW, p vpated by Davis E Bluk P,ngineming, Im dated September 6,2W6 and raoorded in Plan Book 93, Pav 90. BEM all ofLot 1 S. Schedule "A" Ott 1989PG3980 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201003538 Recorded On 2/9/2010 At 2:08:21 PM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 60687 User ID - AF * Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Mortgagee - ONEWEST BANK FSB * Customer - SHAPIRO * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCSL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $10.00 $2.00 $3.00 $50.50 I Certify this to be recorded in Cumberland County PA ° RECORDER OF D DDS Certification Page DO NOT DETACH This page is now part of this legal document. - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111 LOGS Bill To Case File N Client ID, Mortgagor Onewest Bank, FSB 10-037039 INC John N. 088 E.. Walnut Street Mushovic Pasadena,'Ck,>91101 Client Loan t Loan Typo Investor # Convention Property address 160 h Stone ouse Road Remit To assessed as Lot 15 Stonehouse Road SHAPIRO.i DZliA)= Carlisle, PA, 17015 4249 :.Paysphere Circle, Services Rendered By Chicago, IL 60674 PA - Shapiro 6 DeNardo, LLC' 3609 Horizon Drive _ Suite 150 Ring of Prussia, PA, 19406 Cliont Reterenae Vendor ID Payment ID Vendor TIN Vendor Phone Prepared By N/A N/A N/A (610)278-6800 Kathryn Reitnour << SUMM[ARY INVOICE >> Client Posted to Code. Code Accounting Description Itemization Amount COST ITEMIZATION 0091 08/19/2010 COURT COST / OBTAIN DOCUMENTS (1) 15.00 0120 09/24/2010 FILING FEE / CIVIL 10.00 0124 02/01/2010 FILING FEE/00MMIJINT AND SUMMONS 184.00 0126 03/01/2010 FILING FEE/FORECLOSURE 92.00 0178. 09/24/2010 PUBLICATION 487.32 0188 02/02/2010 RECORDING - ASSIGNMENT 50.50 0213 03/01/2010 SALE DEPOSIT 3000.00 0228 07/14/2010 SHERIFF COSTS 250.00 0227, 02/01/2010 SHERIFF PROCESS 550.00 0231 01/14/2010 SKIP TRACE/SEARCH 180.00 0259 01/27/2010 TITLE SEARCH / EXAMINATION 370.00 TOTAL OF ALL COSTS 5188.82 FEE ITEMIZATION 0008 .09/15/2010 ADDITIONAL FEE (2) 300.00 .0019 01/27/2010 ATTORNEY FEE - ACCOMMODATION (3) 160.00 0031 02/01/2010 ATTORNEY FEE - FORECLOSURE 910.00 0036 11122/2010 ATTORNEY FEE/CIVIL LIT-SEE ATT (4) 60.00 0171 - - 11/04/2010 PREPARATION-ASSIGNMENT OF LIEN (5) 35.00 TOTAL OF ALL FEES 1465.00 TOTAL OF ALL COSTS, FEES 6653.62 0391 05/26/2010 REFUND (6) 1415.85 03/02/2010 CLIENT PAYMENT RECEIVED - CHECK (): 74287 -7.96 05/17/2010 CLIENT PAYMENT RECEIVED - CHECK 4: 0000653841 -2240.54 05/17/2010 CLIENT PAYMENT RECEIVED - CHECK N: 0000653739 -1035.00 .05/26/2010 CLIENT PAYMENT RECEIVED - CHECK N: 75940 -1415.85 08/20/2010 CLIENT PAYMENT RECEIVED - CHECK M: 51102 -112.00 Page 01 See next page LOGS The report was printed on 12/03/2010 r1 The report was printed pn•32/03/2010, Case File # Loan # istim. Foos 10-037039 1009781863 N/A << StMH+IARY INVOICE >> Prepared.8y Kathryn Reitnour._ .;; Code Client Posted to Description Itemization Amovat Code Accounting 08/20/2010 CLIENT PAYMENT RECEIVED - CHECK #: 77436 x63.;0:0 10/06/2010 CLIENT PAYMENT RECEIVED - CHECK 0: 78234 -58.80 10/06/2010 CLIENT PAYMENT RECEIVED - CHECK #: 78362 -60.60 11/08/2010 CLIENT PAYMENT RECEIVED - CHECK #: 53827 -62.00 11/08/2010 CLIENT PAYMENT RECEIVED - CHECK N: 78951 -63.00 Pago 02 Amount Duo 2950.92 LOGS The report was printed on 12/03/2010 Use File # Loan # Estim. Foes Prepared By . 10-037039 1009781863 N/A Kathryn Reitnour OneWest Bank, FSB v. John N. Mushovic VERIFICATION The undersigned is Assistant secreta l of OneWest Bank, FSB and as such is familiar with the business records maintained by OneWest Bank for the purpose of servicing mortgage loans. These records (which include date compilations, electronically imaged documents, and other) are made at or near the time by, or from other information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by OneWest Bank. I am authorized to make this verification on behalf of Plaintiff and hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OneWest Bank, FSB 4. [ Name: Matth' aw AAl enberg Title: Assistant Seer tary Company: 10-037039 SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-03703.9 OneWest Bank, FSB PLAINTIFF VS. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and ; All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 CERTIFICATE OF SERVICE I, Danielle Boyle-Ebersole, Esquire, counsel for Plaintiff, hereby certify that on 2 10 , a true and correct copy of the attached Plaintiffs Reply to Defendant, Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased's New Matter was served by mailing same by regular mail, postage pre-paid, to: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 SHAPIRO & DENARDO, LLC BY: Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff 10-037039 SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBER OLE, ESQUIRE MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NOS: PA Bar 81747 & 202929 3600 HORIZON DRIVE, SUITES 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. Meghan M. Girrior, Known Heijr of John N. Mushovic, deceased and Unknown Heirs, ; Successors, Assigns, and All Pe sons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS ; r ACC f, PRO HONOTAR A 2011 MAR -9 AM 11: 11 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 TO THE PROTHONOTARY: WIJHDRAWAL OF APPEARANCE Please withdraw my appe*rance on behalf of the Plaintiff in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: C' G l / Danielle Boyle-Ebersole, Esquire ENTRY OF APPEARANCE Please enter my appearake on behalf of the Plaintiff in the above-captioned matter. SHAPIRO & DeNardo, LLC BY: Michael J. Clark, rsquire 1. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQ IR ATTORNEY I.D. NO: PA Bar # ?O2? 3600 HORIZON DRIVE, SUITE' 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. I Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Pe sons, Firms, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 or Associations Claiming Right, Title or Interest from or under John N. Mushovic, ; deceased DEFENDANT CERTIFICATE OF SERVICE I, Michael J. Clark, Esqui?e, Counsel for Plaintiff, hereby certify that on March , 2011, a true and correct copy of the attached Withdrawal and Entry of Appearance was served by mailed same by regular mail, postage prepaid, to: i Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 BY: SHAPIRO & DENARDO, LLC Michael . Clark, Esquire SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 MOTION OF PLAINTIFF, ONEWEST BANK, FSB FOR SUMMARY JUDGMENT Plaintiff, OneWest Bank, FSB, by and through its attorneys, Shapiro & DeNardo, LLC, pursuant to Pa. R.C.P. No. 1035.1 et seg., hereby moves this Court for Summary Judgment in its favor and against Defendant Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased (collectively "Defendants") In support of this Motion, Plaintiff avers the following: 1. On or about April 23, 2007, John N. Mushovic borrowed the principal sum of $96,000.00 from IndyMac Bank, FSB, and as evidence thereof executed and delivered to IndyMac Bank, FSB a promissory note in the amount of $96,000.00 (the "Note"). A true and correct copy of the Promissory Note is attached hereto, incorporated herein by reference and marked as Exhibit "A". 2. To secure his obligations under the Note, John N. Mushovic also granted a mortgage on the same date (the "Mortgage") in the amount of $96,000.00 to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB, describing and encumbering certain real property located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 (the "Mortgaged Premises"). The Mortgage was duly recorded in the Office of the Recorder of Deeds of Cumberland County on April 25, 2007 at Book 1989, Page 3966. A true and correct copy of the Mortgage is attached hereto, incorporated herein by reference and marked as Exhibit "B". 3. Mortgage Electronic Registration Systems, Inc., as nominee for LndyMac Bank, FSB subsequently assigned the Mortgage to OneWest Bank, FSB by written assignment, dated January 28, 2010 and recorded on February 9, 2010 in the Office of the Recorder of Deeds in Cumberland County as Instrument No. 201003538. A true and correct copy of the Assignment is attached hereto, incorporated herein by reference and marked as Exhibit "C". 4. Defendant subsequently defaulted under the Note and Mortgage by failing to make the required monthly payment of principal, interest and other collectible charges under the Loan Documents, which payment was due on September 1, 2009, and all payments since then. 5. John N. Mushovic passed away on February 18, 2010. 6. Plaintiff was advised by Defendant Meghan M. Girrior she was the daughter of Mr. Mushovic, but no estate was raised. 7. On August 24, 2010, Plaintiff instituted an action in mortgage foreclosure against Defendants pursuant to Pa. R.C.P. No. 1141 et seq. as a result of the failure to make the payments of principal and interest, together with other charges as authorized by the Note and Mortgage when due. A true and correct copy of the Complaint is attached hereto, incorporated herein by reference and marked as Exhibit "D". 8. On November 19, 2010, Defendants filed an Answer and New Matter to the Complaint. A true and correct copy of the Answer is attached hereto, incorporated herein by reference and marked as Exhibit "E". 9. In the Answer, all material allegations in the Complaint were denied. 10. The Answer and New Matter fail to raise a genuine issue as to any material fact that would preclude entry of the Summary Judgment in Plaintiffs favor. 11. Pursuant to the terms of the Note and Mortgage, and the loan is in default as set forth hereinabove, all of the sums due in accordance with the Note and Mortgage are now immediately due and collectible. 12. On December 9, 2010, Plaintiff replied to the New Matter. A true and correct copy of Plaintiffs Reply to New Matter is attached hereto, incorporated herein and marked as Exhibit "F" 13. Attached hereto, incorporated herein by reference and marked as Exhibit "G" is Plaintiffs Affidavit of Vanessa Williams in support of this Motion for Summary Judgment, and attached thereto is the current and updated loan history, which together establish the Mortgage continues to be in default, and that as of November 16, 2011, the following amounts are due and owing to Plaintiff under the Mortgage: Principal $96,000.00 Interest Accrued interest at a variable rate $10,907.67 Pre-acceleration Late Charges $81.00 Escrow Advances Tax Disbursements $2,015.10 Property Inspection $22.00 BPO/Appraisal Fees $1,660.00 Other Foreclosure Fees/Costs $6,240.96 Suspense $(110.00) Credits to Recoverable Balance $(2,953.85) Total $113,862.88 14. The pleadings, exhibits thereto, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact, and Plaintiff is entitled to summary judgment as a matter of law. Further, disposition of the motion will not delay trial in this matter. WHEREFORE, Plaintiff, OneWest Bank, FSB respectfully prays that this Honorable Court enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants, Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, jointly and severally, in the amount of $113,862.88, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus reasonable attorneys' fees actually incurred, and costs. A proposed order to such effect is filed herewith. 10-037039 Respectfully submitted, Dated: 11 4 -2- SHAPIRO & DeNARDO, LLC BY: i tk Michael J. Clark, Esquire Attorney for Plaintiff/Movant Attorney I.D. No. 202929 «A„ ? 1 yr't' Loan # ADJUSTABLE RATE NOTE (LIBOR - Rate Caps) (ARM Balloon Lot Loan) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN I$ PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THIS LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN. OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. April 23, 2007 [Date] SHIPPENSBURG Pennsylvania [Ciryl [slate O?' 160 S'I'G M(XJSE ROAD, CARLISLE, PA 17015 GrNat [Property Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 96, 000.00 (this amount is called "Principal'), plus interest, to the order of the Lender. The Lender is INDYMAC BANK, F. S. B. , A FEMMALLY CHARM= SAVINGS BANK I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on June 1, 2007 I will make my monthly payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before Principal. If, on May 1, 2012 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at I!`IDYMAC BANK, F.S.B., P.O. BOX 78826, PHOENIX, AZ 85062-8826 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My initial monthly payment will be in the amount of U.S. S 750.00 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. IndyMne Bank HCL 918 MULTISTATE ARM BALLOON LOT LOAN • LIBOR papa 1 of e 8480454 toso% VMp Mortgage Salu"m.., Inc. 18001571 7291 09105 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of civanberr 2007 , and on that day every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street fig(. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding three and 750/1000ths percentage point(s) ( 3.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the date 30 years from the date of the Note (the "Amortization Period") at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. I acknowledge that this amount will not be sufficient to repay my loan in full on the Maturity Date and that I may owe a significant amount to Lender on the Maturity Date. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.375 % or less than 8.375 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than one and NO/1000ths percentage point(s) ( 1.000 ) from the rate of interest I have been paying for the preceding 6 month(s). My interest rate will never be greater than 15.375 %, which is called the "Maximum Rate." (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. HCL 916 loan NO: Pne 1 of 4 09105 9490454 iasosi 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is based upon a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Hct ata L TIO` vac. a m a 09105 84804454541 osav? If Lender exercises the option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, m L f U M (Seal) (Seal) SIN N I3SHWIC -Borrower -Borrower .tee„ r? (Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower PAY TO THE ORDER OF WITHOUT RECOURSE INDYMAC BANK;, ?F.S.B. ' VINCENT DOMPkOWSKI VICE PRESIDENT -Borrower (Seal) -Borrower _ (Seal) -Borrower [Sign Original Only] HCL 818 Loo NO: V.y. 4 u1 4 08108 8480484 wsoel ADDENDUM TO ADJUSTABLE RATE NOTE INTEREST ONLY FIXED PERIOD (LIBOR-Rate Caps) (ARM Balloon Lot Loan) Loan #: THIS ADDENDUM is made this 23rd day of April, 2007 and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 31A), Time and Place of Payments, is modified as follows: I will make a payment every month. This payment will be for interest only, in the initial amount of $ 750.00 I will make my monthly payments on the first day of each month beginning on June 1, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on may 1, 2012 , I still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at I14DYNAC BANK, F. S.B. , P.O. BOX 78826, PHOENIX, AZ 85062-8826 or at a different place if required by the Note Holder. 2. AN other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. Dated: J-!7 L EI 1 t (Seal) N 1+IIlSIiOVIC -Borrower {Sear Borrower (Seal) -Borrower (Seal} Borrower -Borrower -(Seal) .Borrower -(Seal) -Borrower -(Seal) -Borrower IndyMse Bank Addendum to ARM Note - Interest Only - 6 Month Ubor • Muhiatets HCL 1001 6460717 1ow71 VMF Mor19We 501ut-, Inc. {8001521 7791 07105 "6„ 13 --7? ndef - Prep" Br. nWW HA,tI[(, F.S.B. fomp"Now ,an S lNmtMofNr wpvwq 480 VJV GUOKU00 KM `VB Nth, PA 19401 fm sea0200sdtl 484,x63"109 nFr :,?gP OF OM 2?1i't APR 25 fim 10 50 Aftr Mo?&l9 Yit4wTstm tn: 3MEM" H"r F.6.B. , 010 DOCti M fANMSM? fiNsOrNsomwP MV 400/5Q0 Z? = B, 901 S 104TH. ST, SU= KUMS cm s MO 64131 f fm seas zb Cass) rro"No" Nuow pPVPiN/Tg W: IUt 15 Abo??a Ihtr LhKForRrcPrdaB MORTGAGE i. - -- DHgDii'TIONB of this dppumcat Ctrs doflued WOW aad WW wads ao def{??t3ecni?3, t6 1 to Worts UW 9¢e mu3fipis sectica?s of wads »xd in this dpeyMt = &a pro 13.16,20 wW 2l. Ct"vb rW" reBrudh+4 usrgo (A) 'SOOt *Y bltPwC'r mesas this doaat co, which is dsted April 23, 2007 , togptiter with a Ridcts to this dw mut. i I UM .IIVQ??• iiilw: rl` M"ti Pe`°°h the too l? oo„x "* t w k E9 ! 989PG3966 .y 1 P "Romw ltet a moans those items that eo desonl>ed in Scotian 3. o% setQetnCA awed of damWOh or Proceeds PAW by " i00°s ptbce?a c un $ta eovaragae desodbod is 8odiotl 3) for. M 42MW to, say third vv* (60M than homom t > of all or tsgr past of too property; (i? COa ° or diubv tiom of, dro propertyr; (ii) oaadvm?n or otber teldag is lion of oomdootnetioa; or (iv) mtisragrvsetttstions ot; or omissions as to, the value ertdlar MAW= of the I'rePeta' (1+0 "Mortps WlvramW means insuusnm protecting Lm *r egainar the AvaMment 4 ar default on, tM Loan. "pawle paynnt" me" the mgWarly scboduled mo=t due for (i) PriACW and interest under the Note, PIN (U) MW moounu under Section 3 of this Security Imlramant, "RRBYA" moans tho Real Estero SotUettmnt Procedures Act (12 sd,S.C, §2601 at $eg.) and its ? *1610,006regd#Wa' RcVjsdian 7t: (TA C.ER. Pet 3500), as they aright be amlmtded km time to tiara. Or BAY le ldon or ra8ulatiaa " gown the same gAu t mutter. As used In this SDWRY InruarnoW xmnt, or "R84PA" refetim id to all raged sad rastricdms that are Imposed is regard to a "foderdiy relaxed I'.PA. ousstgaga loan" even if thv Lam dove not qualify a s??foderfAY MOW maotgego loan"under R (Q) "Sreaeaaor it lateral a( Borrawce YGOema NV PAY drat has WM title to rho P"PC ty, whether' or not tw POM bas sasunred lkaogrof's abllVd= under the Nato artdlvr this Boom* Ynstrument, TRANUMU OFRJOWS IN THE IaR MTY TW& Soaurity lnettlm ent securoa to Lender: (i) the lepMquent of tba Loath tad ail nowals,, e>o0e01045 end modlikedon? of the Note; and (ii) tit's pafonmsnoe of Bwowor's oovawe.0 and iponlenrs under *b Saourity iasottment end do Note. For this pnrlwsct Bo owar does hereby mortgage, $=I acrd Golvey to MEM (sololy e9 nominee for LMKW emd Lender'a ettccessma and assigns) sad to tba su= am and manses of MB" rho following dosanlwd proportr wAod in the of aW40M.sdtcttorj (7ypcofRecur dtotionj (NameofRecor?dlre ftPwvdlDNo. XM 15 S? 1 IT A ATVJ=) F Alta lM A PART M3MW which ortrren* hds the Vass of 16SIM RM lumatj f+ CTroparlyAddrou l' penasylva code] CUMM 17015 1yi voments now or heseeitar created on the prW*, end ail sa+ame M lorjBTli13R 'R a!1 the imPTV All acamonts and adMont dWl elw be aMM" maea, sad ftm o now or beretdter a Pact of the pcapeta+, sepl lnst?opt All of lbe fat OkS Is referred to iu this Sawrlty Ittsttr?ont a mad arm W MW holds 0m1Y ICW ft to tb fates Vx*d by BonVW in this y Laattttmeut, bmt, lrma$ rY to amply wUb Isav or wilook MW (ao ttvmrhtea fef Lauder emd Leader's eaeoessars ad t daps) Itas am right to ezudw any or all of thow h0lunk bdudb% but nit HMi ld to, 60 dgbt r A,r„5lvatit hy;?,?g?je pimtty->Re.aa lHrso?a? W tii R M ttMrrr MM$M raae3arto OK i 989PG3968 .i 1:J- 111 1`3:.LD L'awi, sod to take wW acdou Mahal of Lander 1pclV&9, but A*t fi'nW to, relenting and =COWS tbls Secw* WMEW'r• dly aeitcd of the oatate hereby ooaveyad and bas the BOUOwM COVENANT'S tip Borrower's PtuQoO' is ?? a0w fm vwMbMM of die P"FM s} e to ? ??d wwill defbad gent Owdde, to"Ptopaty wpo a off' so °' m? wufxo record. Harrower to aby aocuaalz== Of rooanl. °a°e in nadoasl use and ncm-aniftirm M RC]h+ f vombin°s unite fo0Y0 °• IM SEaJRTIY I sDdiatwai to ccautttute a unirm sceaAtl' l?O°entcounting teal RTVP''tY pM."ts *ith Salted varlatiaats by CINIFOMCOV>;NANT9. Borrower sad Gam cvvcaa and agtae as faUows: f, Yaysptsnt of p06 interest, Etr+ ow Ietaob ptape?yraat Ql,atgfis? aid LatE ChnSss. Qfi god InWIW o0. the debt Eviikaood by the 11060 sad nary ptnpetYt>?gt Boasoww sholl p fw whoa doE tbo priaclpal shall also psy fiords far ?w IOoaUt pursuapt to SeAioa 3. a and lain d h? duo Under the Nate. Hottmxet if SW dick or currmy. am"*; Oartttattts die wAff the NOW and thin Security Instm wnt shall be toade In U.B. is tdamed to Loader bsMmxd t Owivad_by L? as payment under rho Nate or this Sec Odw be v ?t? thst any or all subeatt>°? (rath; tnoAai' w4wo cbocJc is dtanvn upotl an won OPWK e to an or moss of the PoltowiaB Edam,, ay $u6 Uw 'a check or eesbiee's cMd4 iM' bwC c Inst a federal agOtrcy. in 'lY, or entity; or (d) E* hvnio 1111115 Ttsain ft sf? Note err es such dPft payments am deemed received by Lander AN recEivad at the ;oration deswaled odw locedon as msy be desigrAW by Lender In amordsoco with the nodoe provirioas in Section t5. Lender may or yodel Pq'mOW if the poymettt or partial paymoats go 10VAUW to bdM tU L= aiYei of any lnsufiTiciw to ? ft Loan cola, tvitOA w mw Mao sir POOMMA or Partial ImYMe"t a?aatt or pfd Pwws to tbo fiawne but Lander is not ? hereunder or piyjadiee to its lights to reEwe such pay If taolt pEr"c Ppymaat Is Row as of oblwad to ORp$'tatchP at the tame such psymena arc a POW fIf* LEtrda yard' boil aaeh its sabodtded dno data. their I.EndEr need not pay iatEtestg?oares does not do a0 witlrbt a tas,pnablt: Reads until BOtrO?M main PBM=t to W4 60 I.ow current . If pet applied owl* naafi fitads od of brae, Loader "I oidw WAY a? funds at ratan Own to Honors' ac to faeaclaeatc. No off"t or Per will be WVOd to the v lance under the Now lmmtdiadaly ? ?6 f in bathe fatme *dud Leader ft slsdl MUM Posru"dt Ana reunod ? claim v" Borrower mISI?mU t sad " security Instrwnent 10 porfawing govenanta and agteoraoate duo tinier *0 Note, all nts ` ft b*UMWL Application ntp"Weats of Pr=c" 11=918 as otbegvlse described2) thWwcd is Section duo e Zs under pt4 ft Nato; XpW ad N wed Y?led shall be appliai in the following Order of priodq'= Ls?tlw Secttoa 3. Such pt0'raenta sbtdlbe applied to ssol?PwWr' (b31x P? &M Mier Ow Note; (0) eanvos?ta due under Aral to late o teo?nd parnred in the aft in arbicb it beemtm daeI ? ad gm tote data ow pendpd baleneo of the dale. to egy o@m air owb ripe Ueda tits gareo?e far a delioq wet Periodiv Pgmeat which iaoWes a e>lfficknt =Anft o e the ptgrtnaat may be applied to ft dell awnt POTAW and rho lit chiFrio t tnttoaat to on tP is oAtd=H* LCnf' only SRIY say Pt4?nt ?? mfiM . To 60 oxmt OW more wen toe P pat Faymeat if, wd to the etdaat thd, E PaY?'wn be Paid is faU To tbo euESs mpsyt?eot of die pain o Y ie appw to the full Payment Of ooar of mine potioctio p?Ytavam? c 1wh s and sly e?Om$ ad* after on pqm? "be appW fd5t to OW rewmailt msy be WOW to act' taro anew duo. Valtmta:Y pruptb'me6? then Os desarlbod in the NOW of NQsogTlatteotts ProceedS to Priacipa! due MOW to Azw 1111111011100 Of pa Ymeata, iagursaee Proceeds, of tine Yartvdia Pgmapte. Note ,tell not at en or Ado the duo om or oh ball all a ?t on the dry pMo* pW=Ms go due under and S, genie for Vic" liners. am (tb atIb pay to pqzxat of amca ats duo hr (a) taxes the Note. MW tbo "CAD is pall in lh1l, a sum (tie "F oosew Us> ??ty I GO a Ilea of etas on the au=waft Md other itmna wblch can attain Priority hNU'r °'""`a """'-_ • - L MaaNrlddk MK NOW11101i6 ltsatpa?a r"t4d14 taaa?wiMn.rass ?tntsttotaua4>?xG•° ?? o?ooe,tro?rr..a....k. BK 1989FG3969 (c) premluraa for any mad all basucuca laaebakl Pgrmontr or grand males on *0 ptvpeuty, fP a r PralwO?i?) Insurgow ums, if say, at any Wns. k ro9Nd by I=& under Seetlon 5, awl of (d) MWtPV Insuraaoo prtattiwas in eccosd? with the pnovislaau of Banvrror to Lender in On of 0 0 pa's {fie during the term of tae i•ceot, $00010 10. 7111 I== aaee oWbd "fiaorow items." At ntigialdion of at Y It 14*kr may rerltdra that Community Asf isdon Dues, Pees. and Mw r aw'? eescroweescroweLader d ed by dl Borrv?, tenderer and Ruh dues, toes sad assossmcEft shall be an paaow Hem. Borrower Ad[ pompiY Of ansoumtat to be Paid msdat this Soodon. Borrowor shall pay I A-. the Fonda for Eacmw how unIM Lander waives aorrrmtes obllgadon to pals the Funds for NU or all gic ow Items. Lender may wave o writing. to pay to Leaader Finads (a any or an Baaow Dams at racy time. Any such waiver ma{y only be hk In c mt of so* waiver, Borg shall pq directly. when and whorl ptyable, rise amounts due for suy Escrow Items ft which ant of Funds bas boon waived by Lender and, if L49M requires, " tamlah to Lander BaMs'sobligadon to mete ?1pp evhlenalog such paymeatt within such time Period as Leader may ?N?• such peymens and toprow do recalpts shall for all purposes be deamed to be a covenant sad spomont oas UbW in •asveaant and apecuSeat" is used in Section 9. ](Borrower is obligated to tills pq Pwr+o geeuritwl+ IRttaboma eimaientRee,dy, pAbe 'as phrase s to pay the mom doe for an &9crow Item. arr z ?ad to a waiver. and Borrower W% Lender may v*ciw its rig}na under Socdan 9 and pay snob amount and Borrower shall Oft be oblipaad under Section 9 to rosy to xandOa' any Ruch amount. Dander may rewire the waiver as to any or an Ea mw Metes at cW lino by a nonce givesa In woos iow with Section 15 and. upon sucb rovea dca. Ram war shall pub' to Lander all Fulls, and in such sm Mals, that ate than roquin d under this Section 3. Lender to apply the Leader may, at say lima, coeval tad hold Futnds in an mount (a) suffmient to pa mlt Funds at do there epeaitkd under RESPA, and (b) aot to exceod the mmimunr amount a laadw can rage under RINVA. under shall comdte the mount of Plunder due on the basis 1of curruct ieubkl?a? and reesaeasbl0 "dwstes of ?? offidwo Escrow items or othawlse in aeeordaslco w?ApmD? a fwlotat agency, inatnustaaallty, or 7% Flmds All be bold ill an lies lion whose deposks deposits u are so marred) or in IV Federal Home Low °0hly (bmh?6 Under, Ftmdri nun i)3saxow hems Ion than the time apaulflad under gFfyPA. Loader Basic Lander ahalI agtpty shall sot eshogo Borrow for holding and applying the 'Funds, annually analyzing the astsrwr account, or verifying applying lea 1;scrow Items, umiou Leader pap Bamoww Interest on the Funds and Appiicablo Law parmito Lsnlaa to mdao such a chage. Unless an agroemaat is made in w+ritiog orApplicsNe law ngtdaes intend to be paid on rte Fmdt, leader abalt not be ragplyd to ply Borrower any interest of oamisp on dw pltsde. Borrower and header can agree in writ* hawovar, that hamesas rhea be paid an tbo finds. Lender shall give to Borrower, without cbarge, an mud accoua flag dOw Fonda as required yb RPSPA. I(dM Is a Mph ofruna held In awr'ow. as defined under B9P Lcodar held arohalel awmalitssto Bar afined r or ft the vacate foods In accord?oe with. RPSPA. If ftm is a ebartagt R113IaA? Leader stud! sodlY BoMMr as mquirnd by RESIsA. and. Borrower shall pay to Lander the mow io accordaatee wilt Risl'A, but ht ao ttsora !bap 11 moafisy pagrmaod. If tlrero is aeeel oy ro otalcs up tba shortatso notW Bwvmr as. requled by WA, s alaficiwwy er[Fumda held in eaoraw. as elol3nad trader Leada ? shall `? aacasdaaca vrttb Rb'S1'A, but is and Barraw dull pry to Lander the amount mcessally to malr. up the no tam than 12 mauft prb?=tL lnattument, I.asndcr shall promptly refund to Upon "F=t in full of all ,elms secured by this securby Borrawec any Fods,held by Leader, and IptpOSitODR 4 Charge, darn. BorMftr Sinn PAY all taxes, atuumonts, chases, flees, an sltaibutabla to we whicb can atada priority over dds 6ecgrity Instrument, Wambold psymm* or ground rob an the Propexty?any, and Cmimusity Amocidlon Duna, Foot, and Assesmoo ts, if any. To the camel the dwic Items as Bseaow Items, Borrower 9WI paq them in rho mama provided in Section, 3. Horawor shall pmmpdy diwAup any lien which he ptiorily oval ttts Soourity Instrument hmku Bortawer. (a) agrees in.writing to the palyamont of the cbligedion seamed by due lien in a ma law aimp blo to Londet, but only so long as Borrower is performing such sgreamett; (b) aaa WM tae fiat ht good Oft by, at de&nds N mWg en(oroomsatt of tho lien in, legal proms which In Larder's opil to operate to Vmvent 160 wilbro0mrnt *a nee while drone proceed1lap here p m0n& but only until each proeeoftp we maudod: or (o) sceuas fMM the holder of the lien an agnaomulat sedafaoteray to Lender subordinating dte lien to this Secretly butmum, if Ytsis?tMllYMerft?isYjaP??9'"??as.arsw? ?Sdr? ?? -- iv?ra?MMawaase of " M ' n wMU? oaoes n.ea.?s.rar... a.c BK 1989PG3970 is subject to s Ilea wwob con attain pdtt? ova this BW4, y r,? dctouaioas that suy pat of the vPttbbt Io dap nabs date an W" that notice 7 Larder MW give Bwrawer a oldantltft the lien givat, Brnosrsr SW ?$' t o % or tales sac or mom afdta ac for s do sot forth don is atd/ar ropu?B Lander na ?,c Basrawor to pay a one-tiaoe ohrasa coal ads* toot veriaCa aervica used by LMdW la aeattecTlcst with thin Lvs=t- cow edatiug or baaatler emoted as 1lte S. 1t'sop4jjY Lmtruaa. Borrower shill keep the imQroreaa prypeny irtsrrOd qftd toss by ter lassie bduidod , wllbia the lean " ? ? ? sbaRlbe !milt k& but ant 1 litad to. eartlgltalsat aud B°0 sIo fo lovalsrj which Lander MR" requires. VIO LXda, a awsirad ip the amounh Ondoan dodoedbie cad £a do podcds that Lattdor coo can chmrtge Ming ? Tam of the Loan. TIM ia9trsase Cal* pifficeft pc ? the 1 be alo/en by Ltzlof MW Mt o erg ? t to moo with this Loan. winmacc wttie6 aught sbali trot to a=ewd omeeasatably. ?OYM°r to ?` rdca; or (b) a Zoe-date out w. (a) s awooo CMW for flood Zone detenninst?4 won sad ttaclang saowh time roMWIAP a for flood Mae won sod eartiticadw sawca ad ao "qu of chnB em. shall afro be BawOla a vrtdob reaaonsbly ne m by Federal Management cutsaecaon wilt tot tfeaa pomd by oalaat Agency ita rospoaaibte for now rM dM??? m?8"M an objecrioa DY ?st°'?• ft raviow otsq lfgcarower ttallsto Mobdain of Ike covarWs doserlbasd above, lArudet' may obtsia lmtamee covorSA nic w st Latdes's option and gmrawor's t't• Leader is under so obligatian ?bnot ssa my paBmoalad• Mrar, type or smottat Satro?''a of cownw. That IM!, saeb caverage shaft corer under, but might or to a Protect cqlft to the propary, or the contents of the Prop", against say rick, bawd or liabilhy and might provide vow in affect. Boaower Wmowledip that the cost of the a covorage so or Imrar oowrsgs than wan pas ow1Y obulacd aa;gii! tigloJticsr111Y a7taood the cud of lastrmtCe that BdlioWCr Could have abtrdaed. ?? Seanottab curity dlsbut? by IAador tinder this Seolion s &hall bowers addFtimal debt of Borr+owar aoeww sit be lc, laapt1110W. 7bele amotmto abaft bar interest at the Nate Ilk ftM the dole of disbrosemout end p? with awk latarast; upon natlae 6dm Lander to Borrower mgxspyg a3rod by Loodar 04 renotvale of snob poPayntcalt,ioIN "I be aaltlaaes to I,endar's tight to All to di FAb d shdi Wu& a s4mdard mdM clattac, sad abm11 name Lander as mattMOM °vc,on P". Landw shall bavb the right to bold the poltolea siod rnwWwsal c Itcea, B If If LA r K M nay Bo , err damson of, the ifrogaty, sub Bomar abrdW pt giver to Iatadm ail r of JAWc4 fin dome b farm of iosotaeta covarMsBA, cot osharvriw ? idmd by policy sba l include a ataadud atadgmgA elmm and obalt name Lander as mor:gaga Rod/or u an 111111"0111111 lass PSYN• In to avert at loss, Borrower adudl give prompt nadea to the Warrmoce carder and Leadarm Awdft mw any mri msb proof of lou if nat made p otgoy by aao` w Unless under ? Botrawor Laadrt aball be m6p" i to tastaratiaa or impair t odds, whatia be nat the uttdas?Yin6 lmtisMM WAS tngu>blw by Ave and Lettdar's socoodty is not Ip?oertod. air ir of f the praputy, if f the so repair Landon pig sw h repdr end "A audou p=lod, Laudm' shall ba c.tho d& to hall such inma+S 's uad;dH Lmi? such ptoporty to on=* the work has bow camplotd ? ? mph diiih ? an uppittolty to ipoodan ssboli be aadortltken p?Pd ? work wmPl vs fa as or " Yr pn or its it Was of p mist Iv h immsaloe proceeds, lAader shall not be ma in in ti dogle Mat made de in J,?,,,, a ir1,..nrficabl te ??y ?10$ ip?06t D be paid on sua n`+?••'6 " OW or cuidu S an mxlk p pooch. Few rw poblic 4us ri, cc aftr third parties, loq*W to Pa Datum Monad by DMOW"I a be pall ad of the inaartatee prooceda std shall bo the solo oblfgatioa of BOttowa if the lestasstim ar rqmk is not economically feasible cr j erpder's staattiw would be leeaeaod, tba insarrmoe proceeds shall be sppW to the smas secured by tbla Sequ tl' last trot, whethrt at not Om dw, with ?a the omm, if any. padd to Bavower. Book kwomtoo procoods shell be appal is the order pvvMW inaurmmos claim sad If Bo rowan abaadou *0 rropety, Lander may ale, "go" AW mulls xi sv?n rela0od mantra if Barrawar loos cot respond whhbt 30 dqs to s aotlco Sort Leads tbst iod wrllbogir w?h? ? offaW to simle it claim, thou Leader may aaguilm and solde the Section 22 r/ AczwUa, lb?r Debi' nodoa is given. In aiRsrar avcat, or if Lcadcr acquires property wWor BX ! 989PG397 raeeuw?..wira m amWMt not to exceed cite mowds vVidd OW Inamm puced. in 8won to Leader (a) Bmvwet?% IWO (WW d= 60:jZU to my t0fimd oll 106 eov0tiog itrwEsr Y Stroh lights this w*r fW Note or unmarred p row 1? O' Haetovvcr) wtdct t u" dw iasunnoo Proceeds law to oe teeters tht sie Iql sgi to flab GOVW a of the 1'r4poIW. bPnm"L v+lbsdser or not Om tine. s rmidooee ptor ee to pq? tmroawts jnpM vale; /ho Note u,a thed>o Property as 8asnwer' PdXIO IL penpnttty. So coon sell h SOO, sm*" ad sod shall o wtitd aa Lvdder otherwise a greos n 60 d4, order was of this is S4culiry 1 ? of occupaq, vn m o4or BWOM's pr?pa mi"m for d tee may unlou ez nrdht6 exist which an wFmG& ahia}t eOttse? shalt pore bo >AaessoaalY or boyand gottotW's uamsol. Im )3otrawaf shall not 7. tresmsook Myiate mes anti Pt ocec q t of t rl Perata o 0r aca Coprv on tla'Prop M. a * ?°°?0 or i the Progeny, allow the , Harrower derty twli o mdetatdttteia the amu bgpwW wader to prevent the PropmW , of not Harrom Is Iosidb$ in ? Prqm due its caodtdon. unless it is dabervn PMuesU it d to ? SOW= to 5 that volva to swat am doodotdir>S d Feasible, Borrower" promptly o pmy" "P* or e?ostorstion is not ecoao o or condetmtsiion p momis ON "M 1neonnoetim with d fir dmmdosatim or damage. to for repelling or metf8 ? L a dnbt the taideB of ft pmparty, Bomower" be I"p?onslb for the M POW ralemeed psooeods for sack purposes- Lender may disbawe Ptoc a cottdotaatiou Pads paw of in a series of pfvgraes poYmp°ts as the work Is camps not reiflioheeved inr? of f Eatros+ Bq ?,s 0b 44lon for rho IN got sUllaimrt 10 mpttlr or n *Wm the Property, gosmwer is not com pledost of m b mp* or mdoration, dom of the PropcM, if it has rommsb1c may maioo masemabla eaaries upon and t°'p°° Linder or Its ?d11r0 It?tR of the htspmvealeata 041ke plop*. Under shell give HartOottror notix d 0=54. Lander Ma insimi. sock Ieaeansbk cvm. dr to vs h ea bdedorlaspactlm ? g the Lam m liesdioa i the timse of Or ma's Loss? App%dots. Bmwrrr shall be 10 dew If, duff d the ditoedon of Harrower or whb B91V0wer'9 1WAw6d9a Of contout Domm or aq pm ? ea00,actin a f0formation or OOMMts IN, Lander (or feted to provide ].ender Maearlel include, but tine: not limited to, with the Lana. wi maortial information) in eom action ofthePmpedY HonOwYor'aprlaoipd rosidence• oonae?ug Bo:rewar'a ocivpY two $sadly lnatnunnt, if ps?sotsodon of Lender's borld In'tae Props s UMHY bovinaut, )>m is a legal (a) Borrwfar falls to p?erfottm we cavonsnts tads ONO rights under ibis S that ought sipmoL* affect Lender's Interest in the pn%vd ' prooeading sio, for caatdemad wd or fo Moats. for enfaraomaat Of RHO Iaaomonma (suob as a pt overt; in bsaic*l Vrob laws or redulattoas? or (d) gssrowor hss lststrmaertt or to vnfmc4 Few f?.f whirb mtp? SdfaAR pdadtY over this SoomtlY lumem to ?t? Prop'*, *0n Letidor mqi? do sad PV fat whotewer' is "mmnabla Or qVvidde tsssew° in the value of lug, atofid6tg Pfd IQ: ? the , I mW g tbo Property % 00009 00 ina3nde. but ul not in ? 04 (a) Pr4?6 or a ilea which has p IWW over this SctsaritY WU=W ? (b) graft + ed its Immst In the Property =&or do t? 96 Scumv (*)P** mumbie to Ys foes p?rota t3eeer>n6 the properly kwim1ab but Is mot lnsttttmed, bgloftg its aewnnd post Sam or beard up doors and wi4dM% drain wsw limited to, eamizetUe rmpav to melee rapahs, a locks, W am sad bevo utilities toned on or off. 6%0 pleas. sWsdnato bullft$ or otter code vialstltaos or donatIO is Akhoup under may ydm action ur*x" &dim 9, Lender does not have to do 60 and is not meiea• sea duty oWpdan to do so. it is sg7aeed'bat Lander inems ua liability for not tddng mY or ill actions avihotlzed + ibis addic?tai tithe of Botrawes seaamd Section 9AV smoots dia xnW by Lender under this Sodion 9 shall WOW by this Security bnuu eat, 'm mss amotmts shall beer ltrtmtrst at lice Note tae fim the dots of disbtasemont nd frotu l cader oo 130"Werlequesba8 Mg. shall pro'td?1a, -%1111 erxb itrt4rat. upon notice visions of the lean. if if des ti4atttity lpstttmraat is o4 a l hens h? ao net d t fee tide sSw not nape tWess Lender agrees to the Bwow z aoquims fee two to the p perry, mew in Wang. ssasas 11f.aMtes ¦eau>+oseusr gwtsgadlty-YhtYieRfadRreddt Top tote;? seer 8K ! 989PG3912 M Be. ae a con"on of makWg the Lone. ,Idw m!i MMPV BW==is otfeet. If. fa OW maoo? IN, t0. Mo?PtR Iasaraaa. If LO M Bol ' ovrar Cmmp =qud=ed by Lender teaeee to be av?dleb)e h an the mocl ? viddd such htmm m and Bmmv ar was roq:gred to raako mpsmst* a c %Ukd ppovemp °°brlWA0 og "Imt to ON pm vi" Iarspanoa. Sanwa shalt py thw prem for lurns valeat to the go W Barrowor of the l+dottgV a Cost Su 64 MortgW basartst0e pmvioosly Ip C04 ddtalMta maortgsBe bay Laded by LeadcG if substimlialY dVWdart Ypsutdaoe P?a°by in et39ect, am SWvm sbdi cantiaiw to ply to Leader the aaramt of the sep9mb' am=W Is not evdlabla of sled to be. in effect Lander will ao?elrt, odo and TMtottgap ao psymeots that Wm duo when tbe?sur ? in lieu shiloss MOM be desIV l mteefirr dsao PW 0 a tua-rofugdeb1e l not be rtsgtdted to noa•reabla, 60twiftwodm8 rho fact dW the Loan Is utfimdtety paid ' loss mum pate ? yr OW iaeeren or oaratoga an such loss .servo, Leador sea ao longer re4? ? by m ? ow *dccW ?' $arnsw in the Agsaunt aril Earths period dud l?r?da tegro) tad Mom inma" y? available. is obtain4 sus l?r mqdvA m o m Of m 00 L 43M spd Do z5f, by L48dsr or fasume. if under roomd MatW t 10'u" the ?om fur ? 100000, prom B,OM was to maps scpsaatety dosigaat0d mments in affect, to provide a aan?mfaodsi?Ia loswrN >;orrov?sr shall pay dre pemriums regm1°dfor Moat$tp Insweoaa ends IR tes"Card" whh ?0? w ttea a t Iou riaarVe. tWU0e`? Wmldft t for Nodd ag to us section to ati eats Halm such bmthlalaa of vndl miaatlaa is sot>mNo?? between Bassas?rer and Leaderwar'e 0109"100 to pay ipterest d the tats povided seas MQCWV Iftnrrnce raimWrcas Loader (or say entity 0b to th9e.e Moto) MOrt8d fofQr eerdrim tosses it nsay T?a00° inyw if Bwtower duce sat rapatY the Loan ea tpi°°d, o dU gii such Is insures n PA in Y force. from MWIPP o>s? ovdusto their Lord lies: on sa0 tlme to thou, t ? ? °?g Frith Odw p? *t sham or modify WoEr risk or red= tom' ThO? to owe W,nmts, conditions sod tho W od. ?er p ( P g a that tlas moRWBe that am eadsfladwy to lbe, mortm hrsurer These ap"mmuts mat ?qim the a~ lasora to mako M tasur+moo peva)• other u funds "16611 i ftw reiasuroti NW tn mr ma larva a l"le (wtuch ?' }uolda Leada, OW PW? of the Noty, at0JW imumr. ow Asa I" ofdtesa m waive (direaly or indaoctty) amonats tbrd derive 6bm (or 00,4. or ow ad ow of mW of die farygobrg. v eats for Iasun"00. fa sxduat8o for tbaring a< 4AP of Deader A of Somme P that sn saw Mole ag mwpo kLWtr'JL at reducing laas? Uch w piernmilml Pat d ? tasaa+er, do ar up oed is take. a ah. of the led mi rill, in exobaoge for a share of f t bo tusn oftca teemed'SCSptivo 10Im?°e' F° to for Meru (a) And' cash ?recsncnta will not offset the sxr `t ??baot ieearase tlse ao 8? we. mitt awe lt 6oxM e.6 sseanaoe? or at tewm of no Loss. For i mm f any at t+ and t4el? will not entitle Bortowsi to toy r ellam4 u MAY to the bm"mc es?b ails sot street *I ruts Horruwer W - -- w P? may N) AV luck W.NWoa Apt of 1998 or ally otter fall, TbW r*u i tp certain disdolm to requat and ebtate anoeitation d tile. 1 "oa' to Ilav+ the Mortpga Incundroa brag aMNa>satiCf?'i and/or to eraeaive a railrad of arty 1D[ortpge ? Q that warn nnearrrod at t6s tbta of sael? cmeeUatba or tanttmstt All Mlsoellmraoas Proceeds no h=W ilm it. Aalpatad at xkcdlamu Procee+lsi irorfdtare, aaslgtted b and d6s11 be. paid to Under. ? ed to restorstlw or ?' of the. If the prnpasti' is dump', 'PI Mtsdell 7 bl Wd mays ?y is sot Iassned. NO% sued pmpuW. if dm mokwatloa a reps is econoall*1 mdl Leodos bas had mpdr' at mewwom t Lender dhdi haw the. right to hold bsuch "Mrsoeidaao lgmda% rntls6Wdamp lm? qvotu* to impact swb Proper.- to easlsne be. work had hoes a t ft Wpirs sad mstardloa of a $W& ndv- ? iaspeoii0n shall be VOW-1 F---- L°"ddr mty l?o+ , Wdaa a agmmmt 15 made to W094 s as dro wodc Is eompledod ut Of In & HN'P tea ry olmas P? on °? "Miisuo = Praoo* Lod" Stall act be mquirod to PW of Bo ??reowppdam' bb Lm ILm aaat or camp oo saoh Miscellaneous Prvcaeds. If the mgmtioo or repair' is pot oo0a0mrlcdlb' MWIL AKWWAWSMBW lly?FawkMadB aofi4 suwwewuwewe _.x1sO0d?ANR9a0aCS+D?c.- ?? anvextr.eeradr•a•e+sex. BK ! 989PG3973 would be IN3014 fie Ngscolittrevus proceeds ailI be appW to the sums swmW by t oo socwq bsis'b socut m not then due, with tits e>ocesa. if uy, Peid to BoMmen Such Misoellsaeoos promods sMU ba q0W them oeda PovIded ft n Seethe 2• " Mweilsocogs proc,•eeds SW 10 thte event of a total teldag, Qt e0. or loss in veloo of the I?repY, ft be bPptioQ to the sums secured by tits i' Instrtament, wbWw or Dot dim due, with the excess, if say, paid to ip which the fair Meeker value of la tiro evil" of a padd taking. damuction. or sons in value ofin propmb to or iim? am Alfa Smoot the i*mp«tY imnawlewlp befM the 11100111 tsiM& dc"009, oor it fore the petdal desbtattao. or Ion is vad% of the sums sovteod by We adwraua in &?th the sum std by ** $oGWW booncat duill bo Unless 8a scat of oft rho o 14pt oceods afultipliad by the following fieedOw (s) the toed =000 of the amount reduced by faw t PI dieftly the sums pound Imaw beom tbo pS? tgldaH, desk on't? ow wales. Any Lelw* shall be paid velure of the peopaty immediawly bofom the paled t ? to Basowcr. demotion, or 190 bi value of the pmparb' in which the fear ma rkat value of la the a ty ? t? *621 Wdn& doetruatiM at toss in value in iota than tiro anomrt of the sums go ?Mpwty d 4oSedidety before the partial tabdog, destruction, or lost in vxtus, ugtaas >3aQrower and L "+e lntuvnoca?t agcoo in visiting, rho bUnclieocoub dada shall be an led to the stuns secured by this SoaadtY wifother or trot the so y s fta due. by Borrower, or If, after nodec by Lender to Bwmwar that ft OPP?g l'U' B'tn t1w p d Bomwcr WS to ngaw to gavlard to iven, Lauder Ise cvftO1UW to t o? and AP* the MiscdllMmm (aa do5ued in the atlas ate) am" to oticee to not 16ra auder wlttim 3o Vid ader the date rho the is or to the Sums Secured by this gooudty ?MP60 , whedaar of L r t *M dim to teat si ache of ta qty that owes Baaowvr Misedilaoms, Ptncee8% or ON PartY nm . "aPp?>g P? was ?°s the rho third peaty against wbm Borrower ryas a rigfit of etthou in regad to tdwelleneoas WOO=& BOMMW da bo in dofhult If' sq sdion or proeoodb* wbether civil at crimbilal, is bega is the could JOVA in forfeituro of 60 pmpmty or DOW mdtodal impdtawe of d pAcs" n has F"pe jW o rox under rids Swaily lnstntmcat• Sonviver eon am Bach a dcWA no, soco in gecdeS 19, by emstng the action or Precading to be dis lased with a tlrlin6 fit. ? MINIM as ruvidod or ester rnstorlatl itupsarm of I,spdar's Wo in rho is I.eridao Jvd?; P Ob S farfeittne of the t Th ' ?? of Spy awta?d oLdm for dt wee 'tiisr ffio of th& Wpkuxd ofLettd' lids AyAa''s IIwtb» igi91o 1?tnptr(Y are bwaby aaasignal Sad "I be peldta Lades: AN b iloncous plocc s 1w as trot applied to mats loo or repair of the ProPmtY s>a11 be applied in rho order Provided for in fttl=2. Under Not s Waiver; bydaasloa of the tnrro for psymrnt 07 goof AMM Not gs>cf *0 For scow b y this Sea ty insa?d Sri by EAndw to ilatvvrer or 1 sSW' Succes wsoRafflowelt ron in fiitmeat of orest sa of Btioauofrrothewer pans ahSti not apertda to release tiro 11ability of Bottom or aw SucocaS i.euda shsil got to required to caatanwiae pt?oceodings spl°8t say Socoessar in inAd'est of Lttorest of or otherwise modify Smottimtion of rho tames swwW by Aida Se)3osroaer or to wt b byto wand of any ????maW by rho alglual Bwtwwor or MW Saootxaors in Of Bwowal Any faebarMw byo? in exMIsing say ?t or remedy ibaludiaS, whtl attt 1imited3t=* Ta sh umetd oatitics or Sticcossots in 10*10st ofaam a or in Smeunts lag 40 the *0 ion, *S0 out bo wa o of pwlude 66 exacim of say riot orramWy. otmd _ WU arsio? M rural read SCVesd Iota t Cam! 8acot3n std Aselpb N ?, to +b maq so41 d I iab huty bhall bo jo>at ¦td several. 8oww+eti m0' Raffaw who Co0 03 and S' y bat daes not awmie the Woo (a (a)is ead*8 thk SaMS <y *) Q t sad covey tiro G"Ip is i abrest in the proPe* ode the tetras oftbls Sao mMy O Say Lender and Is utaVo. not p?1bf pbrgoed to pay the butts moxod by *W sooo t fi.? ? regard to to tennis of this other Battosror cats a? to extaad, modify, taacboar or ? °q' socks tsr bstrmaont ar the Note without the co-signer aH My?{Bbwdocdnm 3W#1M1 ?a?,a?yp?geoak ?pred?etKst tp?ifiCAtlbi?+T1' wNt?etwa?i+v a Bata , I nct l of tl ? aao0bilra.? wa M? 8K 19g9PG3974 Subfeot to the pnwisiow of Section lob any Suoeasaor in iatemst?? r whom Bm"w er BWO oblig?ttioaa ttadar thin Sowity eot in wrifts, OW is WpmvW not bo by iokwd from lnvwcea obiivolow ad tvodbssrsBts tusde 03 ant uukxs loader agrees to suob ta1M io writWg_ The coYcw* and tip S yl?ocd Sw bind (oxcept as pT in tiopion 20) atxi beatit the wcaa+aa and of*b WW assigns dundar• Leader tray clrarga liodrower Fws for setvicas PcrWto10d is aomroed wads l L Loan t:hsrgas 's iateteet i 's the Ptvps?ty smd rigbte under this Soft* Hwy de6s^ far *6 p rpw of de'ar fuser,der propattY ia the p and vahteaan foes. In wgard?day but 1129W 1% W I.?jysl Styr l *uzzaat to thole a spocitic fm to Hetto not IaatrumHa>: & Oiw Other Eva, the abaanoe of 'W". ah fae Lender may urn oiunge fooa that are expressly pmbiVod bo mr apsvldbition on thectro*gofsu t or by ApOicabk Law' std that law is &U* inwpvw so tbsi if OW Low Is aaw9of to a taw which sets malimam Joao ahazgOS, limits meed the peas lftc! the intaw or cow lour oit"S colleotad or to be GaOoctod in OMMOon wild the Loan 1 , tbsa: (a) Ow $a sle loser abet ®e aba11 be roduqed by amamt naxNary to ?eo? wilt ba rdfiv a 1d O ?r wbioh oxcoadod pstmitted limit; sad tbj tiny MU all** ooi, ! Dom 8orro ?? am p,?olpat awed tinder dto Note of by taaidag a BordorMe? leader Mr 60M to m? thb refaad by the, mduetion will be troamd e a partial FmPK?'tl°0'd am payatcat to Bono Chi if sa refer rot a ",7w 'nt char is ptovidod for MWW do P1ees). Ba*otrer $ VMot wit so d any peop abatga (whether or not a pt p4Yoti sooep?tow of pry xWh mfiomd made by direct paymout to Bo?ower will vooatitute a waiver of aRy rlgbt of =90 13WOW might bavQ Wising out of soh ovonta wgL st be I& p edus. All uoticas:Oven by Borrower of Lander in Quo w ion n Swwity baYto a nt been must be in ,thing, Any noaoo to amaw? is ccmteadon Y41b tbb Secudly TookwDOW " be give B wer'a notice addtto if eat n other to Borower wb®maM by fiW e4?a mall or wben achy d jlivn:ed g ?a Applicable s eby om Y tpeeaa. Notice say 00 Harrower shall I;Mdh ups t Adb= tinkerer Boaowa hu dGaigoaed a aubstitote IG4t?°ros othetwiao . 'ttlte notice address shan3 b be e go w Ftapc>b' notify t,.andor of Borrower's cbauipe of adtess, If aloe addtoss by so' M to Leader: pgog wet aball sdo abm?ptiy aboll Only report a ~ endunfar repel BOep°m''aaga of adsl . to >ln a ty? S e„der tgetn6aS a pra ri' 7bae may be only oaa dGaiguatod wdw .of addteas ftWgk dud M. Any y "dCO to 0' Lender sball be given by delivetIA& it or by nulling h by ft oku AWI Any notice in tine. avtico .msttoraew at atgr we to laadar'a address Stated horsier Unless Leader his daslgnated aoo4htrr' egos by notice to Dmow. .00nowdoo with aria 8oou k lnsaraaooot aball out be lorded to have been given ?euW A toaivad by ived by If atw maiec tegnhod by two SeewitY ina mment is also VXpirod ardor Law, tW "k bow. Law raga cuW will sue' to cotreapandin8 rpitdmameal uarbr this SmAy babutnaat• ,may govorocd 1166 GwWdq Law; Sww*Wq; ROW of Catsifte0oob Ibis Neurally Uumnown aw& 506M WhIOW by fodatd tear =0 11130 law of the 'Wolaron in w%cb tie Ptr? is 101 ? d ti and abli ? ate su?oot to aw reOmu0s pp aabk Y App In tWa Bandy U*MW to apoo by oonWA ac it otigid be A aiZ% but sob afkw d*U not be might oorp}ida an allow to a ooa mrL In the evert that say provision or moats of this Somuhy coattroed aS a end 1? ppl{A by Low, ouch overdue shall not sod oiler provIdws of this SaowttY ltitirurroat or the Kota ooadus W ld*wwat or the, No which ear be givaa 0Bbct without ?? M' a shall aaaa sad inalado 4W shall inapt ad hotrods tba As enod is 11tiS t3eetttlty Ynstrumeat: () words In the 909Scod roam wdiog natstar wards or wads of the fbmidne gsden (b) plow and vivo Yaw sad (c) the word gives sole diacrstion without any obligdion to talon say 20110% 17. swrowoes copy. zouma shall be gavw ono copy of the Note amd of this Seoo w instrument. lakred is Sorronrat: As used in this Section 1s, "iaWCA in the lpropNty'tAND W# b??bw or a adal in ?k In ft k? dY, indadi6& but nil UMW to. those bwaft'an ialaests srat>daW in a bond for deed. GODU ct t =tries em "A or owrow $Pomona, tib iment of which If ath11 e or acp wy ? p tr tofie Y it top of OW IRWOO in do PmpertY Is Sold or vmufatod (or if Bwmwa is not a nahaal person aril a boae a9clal iatt?roat in Barrows' 19 sold or trtms6mod) witbwt I.oador s prior written eoAmt. gyatAt 19M lk ?.i,rsg?tOpamityr-Ftme?eabelfl'?diiel ?t1Ni??II'??1111ffili y???w?a =[I6 "_??a TgiCr- I??? 070o7?rMCayWe??.Lc. BK 1989PG3975 itnmedfate VWOI is fan of all some seeored by this Seou* laehvmant. Hcw"84 tWs Landes May moon Eustis if such c=des is pr'W? by Applicable Law. option eban not be oxeaoW by $orrawcs ndioe of won, The notice 6W provide N Leader auercises this option, Loader shalt give 13 widtlrt whkh a period of not loss than 30 doya Sons the date the notice Is given waam o? arms Fier to the to p1w the" Sae r of this plod, WAer uW mvokc W mn" perinio d by this &owity 7na4?e>ese°t without fia?dw r notice or an a 19, parzvwsea Rlgbt to Rslaatate Attsr Aeaeteratba. If Barowa stouts estate ovadifi+mons? 13atutro er $WI haVe the tight to have eafatament of" Sooutity YAattlamcat tusootdinued as am *,w Our to offlifict (a) five drys before ado of the PFVfWM P to a:4+ Power of sale cout deed to this SWAW UMUMM; (b) sash ottr period as Applicable LAW might spacifp fbr rho tvmiaaSoa of Borrower `s ism to reinstate. or (C) emtY of a wag this Soctnity buft*neot. 'tlroso oooditioas an that Bor OWW, (a) Pays Leodor an sums which t and the Note as if no MWOW? Seotttil?+ k i i (b) cures then woWd be doe under Ws tt of e covanerrtsSeo rtuitY Isteatru pays all expeasos incutrod to eafoschtg this l nclo' nolpolag. but not ot lo3,isod to, roasottehlw attemaYs fens. prepcttY it>pcvi% vo and der this vahudao fsectxityoes. In and stt other ? m its;m vd for the pmposs of Protectim Laadv% ineercrt to the property ad tights (d) takes such sctian as Lando neey retsmft ro9dro to mom that l eotder's interest in the ft *MV ad ci&U under *W seca ft lommaat, and Borrower's obUVdou to pq the sum secmad by this Security Iln m ? shall Leader may "gtdie that Barowor pay such teinstatemeat eases and ?a uvasum of the fella * may as eeloatood by Leader: (a cash,, (b) moocy ostler, (e) oatiAed om d bank achec s kInsurred by.e shook or caddor's obW44 provided IV such cheek is drawn upon an faant+dioa whose ttbposits federal agttooy, W*Gnonbllty or 911"'I or (d) Blecamig raves 7?m der. linen robste UMMt by Borrow, this 3eoaaib' rush" ad and obligations somed bunchy abdl fWain fdlY e8'ee8va as if no awdettdion had occWed• However, 995light to n6o sm *0 not WPIS' In the case of aceebntion ocher Section 18, 2& Sob d Hose; Cksuge of Loas 5a Meru Nudge at Orlovat M The Now m a peal interest in We Nate (tojeft with ab SWWyy ja t)oan be sold one or moss dines without prior nodoe to pots VW, A sdo MI& testis in a eha ge in the entity (known as ft -Loan Savlcen than collects pedo& P1r MMU due aadw do Tmhunaat ad petfams other mottgp loan sorvieieig ebbed na under the Note, thin Mo and this Soot, v turd Applicable Law. 7heres also mtght be ono or morn cb=Wps of the Loan Sondosr umeided Sew mat, to a sob of the Norte. if theta is a clime of the Ivan Services, BatrOM will to Sitree wdtam aatian-of the t:hanlp, ??bas atade and wbich Min state the ,mina ad addaoa of the now Loan Srrvitoer, the addmss to which payments an other info mwin AMA regales In catmzction with a notice of trttasfer of "t*ing. If the Note Is sold sad thaafur the Lawn is servlcod by a Lom Savicer other tlwu tiro pmehasor oft* Norte6 1bo tawtp8e Iona sen?ieaag obuodoos to Barower will Mmain WA the Low Sorvieer at be trinAfted to a 0°C9Or Lass Sarvicer and ate not Owned by tae Nola pwohaser muses cghcrWse provided by the Note Ptnohsuer. Neither Boratrwer nor Leadat MW eom mace, )oio, or bo Joined to OW juNcird ttdioo (aa either as todivk4rwl litigant or tba member of a class) that ousts from to atber PNVO ad= P to this so"* Insu=ot or that ailoges that tho other psr(y has brctaslaod auy provisioae of, or my duty owed by noon 4 No sov,NKY , until Feb Bottom or lender bus notifiod the othet' peaty (With sorb notice gives in c4spliance vy* do tegttire nCM of Seedca IS) of Wa aWd braaolt and allk de 104 older PC* hereto a h1ch turd elopes d such aotioo to take 9&vwdvo action. If Ahle Lew p a limo Period eoie paled try ? ? con be talcon, that tams paned will be doomW to bo tsasaoabb for purposes of of this PUTOMPL 'U notice of Noesleratiou and oppottottttY to else glum to Both PWOURUt to Sodioe 22 and the nodoe of coo k dtion given to Borrower pttssuant to 3odloo 1S shell to deemed to satisty the aches sad oppostetolp, tv tabs otseeCdve octioa pmvfalom of this Section 20. 31. Hwsasdotrs Sahstmaas, As aced its ibis $wdon 21. (a} "Fla ndo s s defnod q toads a' barmdon sub"coa, polWNU% or wasbas by riot ell s and het60 fta, valatillo wheats, i some,? O"Naable or toms pehvl m prodpcty, tom perms set arc tt°rm.idely+de. std radinat?ive atataieis; (b) "& Lave' mans m= a4 Cootaldni aabestoe is located sisal relate to heatltq $aftai+ or GWAMMO t prvtlavesecwadada; UM (°) ) "13of°iha jvi'°autatsda°tdel CIC w V" the p"" a>yar,y respmsso action, remedial action, or removal action, as ,==r* C441WBKI989PG3976 &ftw in dletviraammW Law; mW (d) an uWviroamantd Condided' morns a costdition that can com conttibate m, or of zn** etiggu ad Bnvlrvmmtsl Clomminp. Bottom ahall got cease or pomut the praeagoe, ttaa, SabaOmcaa, ellteMha toreiaase =W Has *= SUNglocea, vor Orin 06 pmperp. Bam *ww abdl sat do, gvr dltrw mWW she b 4% atty06811tdoaaligg [ha pr0PWW (a) that is in violative of CW Bnvhomneat11l Law. (b) wbW4 coeem an lkvb o meabd Cooditim, or (c) whloh, doc to On pmmm, um, or MUM of ¦ Herat im Subttmoo, c:eoees a omdldon *9 adversely d bcb the vsble of the PmPKY• Ttv ptecO&S two sedeaves shelf not WPIY tv do peaomee, use, or storage an the Pr opow of awn qmdda of Namdous Subeta m ad =I genwally mqpkW to be %Vmprbu to namai residential uses and to md%cnrgco of the Property (firclodi% bd not Iimlted b, bondoaa subowces in ransomer products). Bonviver Wing MMP4 give LSWcr written notice of (a) shy igvcatigttion, eklv4 damsad, la%"t or ? Other amdom by uW gpvemm utol or isgatatvey agnay or Pdvm ley ipvolvbg Ow q?aW *4 my Hamdon Substance w Faviteanmondal Law of whkh Borrower has eetaal latowlad9k (b) my n imtufbog but not limited to, mW 50111m& lesldng. dischage, release or throat of raloaw of Bay HsrasedWA Subonce, and (a) a w eosditi ms crowd by 010 pmsem. Use of MISM of a Umrdum BO OM$ whkb aduetsoly dwis die vdua of the PropwW. If Bottvwor laths, or is nadfled by my govarmmentai W rogtddoty tadlority, or MY Pdvam party, that say removal or ofbat tamadiatbon of ary low Substance affeaft the Ptopaty Is 00000? Bwtanvor *4 Promptly tetaa all nor wy rsotcdial acttms in w rdaaee with F *omucm l Law Nadling hwein shall cmdo mW obigmike1 oo Lender for on >suvbonmeald Clammup. NON UWORM COVENANTS. Smowar end Lander further covenant ad sMoa as fvifowm 22, AtoekmdWtl Rem dka, Louder sbsll give twee: b Borrower prior to aooddotlon tallwin Bormwer4 brash of any ecvaasd or Wvmeat h das Smrft Isstramant (but ad prier to seatW80aa aaner sea" to wdm Applicable Law provides othm*ktj Leader 111esD ad* 19Wm"cr 04 moss other tbla? (a) t11a del'tUt: (b) flee sctlOno rae?tetaed b estra de dehatt; (e) whale kite ddAtdt stet be orredl and (d? that how to tuft Um dfadt as SPEO d may result to aecdmtiw of da attars semvd by WS 5"Wily Iaatrttee4 foasdseame by jaMal proteeft sad ask of the properly. Leader atlau rand er Worm Boroosrtr edtht rot b rtmtate after naodwalioa sad the rf4ht to assert N the faradM" pm60ee11149 dw aott-pdataaa of a "all or say outer ddlan of Sownwear to aC *mtba and toeedattra U do 0&* Is not eamred as speebt ,. Loader at us opmm ima "Rebt Immediate payment im rnu of an was batted by this Seewhy TmstramsW r agm roftor dtsaud aad may foreclose tbt11 Socrrity IatRrutneatt to IN&W procaedbtg. Lender SIM be aatilled to =Red all aspeasar Ineu red In pursdsg the Mae" providet> to dies 90011010 4 lRdadlmR, bet aot limited to, attorngn' ha 11ad coats of title evidnta to We Cdtat parented by Applicable Laws ft SettutitY lnshtelent and 73. Rdwa Upon ?Xpmt of oil auras soured by thin SecwNy w mmcnt, the aatloa comyad shall tambaft become void After such oocutteaea, Lmkt shall di d 9c kssEmg rWW f, 9oarowar &W pay mmy roeadmtioa Gouts. Lender tgsy ehrV Battrm?at Secartty babumeat, bed' only if the foe is paid to a third parry for sCMM retxdetod send the atusgiag Of the fen is posM udw AppW" Law. waivaa end naieeses emgy etrar or 2.L watve'm. Bar9wa. to to meant permitted by Applicable Law, &1%0 in psocaedbt&+ to ontme tW118aouriq Ioaitr nm and bavby warns fire bomfit of soy Present or ft m laws providhrg tier atow of execution, o madon of time. exemption am mocimmaat, levy aid tale. ad boamasWW exemption. 2& Rdaabt most pealed. Botmwee3 dum to mWa to provided to Barden 19 sboll mound to we hour pmior to tbo ommonoemnetd of bkkWg at a alr ff% Salo w A& S11le PMR1" ro 111111 8ocuriW Ittstn®mt, 26, Pa TkW NOW Momma If arty of the debt mocumd by this SmxW iattttmnont is leaf to Bot em to wgdm title to the ftvm this Smalty twin ou shall be at p mhasa money modgitge. 27. blame Rate After Judgment. Borrower ounce the idea interest robe PV4W4 attar a POP"m is ontaad w the N01o or 1g as action of momlgaga famclmum shell be the tale payable Gam time to demo undar the Note. nM8[xttll[s'lYT dt>?Il?trdlkdwiaeinwee?w?m -1Co.ott,?natioagII?ty`,?p??rt YWo12of1l4 ?® tmeW,nrctiw.ara m.a.a Ya O K I 989PG3977 fybuft rason Foom"Pad.1 BY SIONING BELOW, Bm ww wMb ad epees to the tmos ad covenants oad*zd in ft, so=* Inshnimeat and in wV Ridor oxw*d by Bofrower and =01" "It6 it. o .>iaro?ar iS ?Q?!(NIC (tv6urrdNasel (Seal) -Hortaaa ("lid ffmvl (Seel) -flanewrer 1PefnidlYeriel (Seel) 4imu f 1P Id Nawl t aftlfto a of ResiAettw: U1N0 do lareby catitY lbat the pivale<+e?, pftho w}tbM m?. assignee or pereoa aaSitled to intaatt is Z-33 0r-&j4jvm( Drly- , ItalyYl? 17S31 Tidd:/ lAala,ow* menf on rvkWfi 8 PftV BK ! 989PG3978 r sift of ?A cmmv of FL '-A- ?%-j on this, 9w Z70 day of ?ArPa, ? 2?? ? befom me ' the ttn Walpie4 ot'6cer, Penang* eppoatcd JN H MUSHMC lmown to me (or sedisfWorily proven) to bo A P for whose tax(*) islaro wbscfiwd to the within Wttmeat, ®d .clmowtedgcd that ri6l"4hey et?acttted the s the pwpows tberetn contained. b, aitpM steceof, l ttacw W sat my had and afthd excl. S .(Seal) TMs of Dtltoa NOTARIAL SEAL JEANNE M. ARNOLO, NOTARY pUSUC Southampton tlvp.. F;Iwld(o County My Cavm(ee(00 6*1106 AprU 12, two ?,?p???-K?oRnsv??cw•cn....•i/al t4 ?-'-------- lultM?ilMraMN y??ce,irrc-- ? i??? vaop?lwa?rr«rs..?aa a,. 1¦ BKI989PG3979 ALL that eertak tract of real estate lying and being situate in Diekinsan Township, Cumberland County, Pmmaylvania, bounded and described as follows: BE(3IIHN G at the corner of lands of Lot 14 and Lot 15; thence along Lot 14, South 82 degrees 26 minutes 46 seconds West 735.10 feet to a concrete monument: fence along the satme.. South 01 degxec 38 minutes 56 seconds West 421.03 feet to a concrete monument at comer of lands of Lot 15 and laude am or formerly of Lewis R. Pink and Thelma R. Fink and Ralph L. Petfer and Roscann F. Peffer, theme along said lands now or fvanerly of Fink and Peffer South 86 degrees 09 minutes 49 seconds West 416.56 feet to am iron pin at corner of Lot 15 and lands now or formerly of Albott L. Vard ", North 13 degm4s 33 minutes 58 seconds West 591.98 fact to an existing iron pin at corner of lands of Lot 15 and land now or formerly of Richard L. Morrison; thence along said Morrison lands North 92 degrees 26 minutes 46 seconds But 1,296.68 feet to an existing mag nail at the corner of lands now or fotmoriy of Richard L. Morrison and Stone House Road T-545; thence along Stone House Road, T-545, South 06 degrees 32 minutes 29 seconds East 200.03 fleet to a mag nail at the place of BEGINNING. CONTAINrINO a total area of 10.16303 acres, mom or less, as set forth on subdivision plan prepared for "South Pields", prepared by Dorris F- Olaak Engineadng, Inc. dated Septemher 6, 2006 and recorded in Plan Hook 93, Page 90. BEING all of Lot 15. Tax Parcel Number: P/O 08-09-0523-003B Schedule "A" BK 1989PG3980 INTEREST ONLY ADJUSTAKE RATE WXR IUKM - Rau CNN) {ARIN O*Nn gn Lot LOM) Loan #: THIS ADJUSTABLE RATE RIDER Is made this 23rd day of 14poril, 2007 into and shall be deemed to amend and supplement the Mortgage. Dead and is incorporated of Trust, or Security Deed the 'Security instrument-1 of the same date given by the 1VilllC Note (the 'Note') to undenagned (the 'Borrower') to secure Borciumm rower's AdjustablO Rain nODW am, F.S.B., A P1Iu,3[ (the 'Lender') of the same date and covering the property described in the Security Instrument and located at: 160 S10]Mr WMIMZ, PA 17015 [Property Address] S THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE 8OWKWMrS MEREST INCREASER ARE LIMITED. ADDITIONAL coYENANTS. in addition to the covenants and agreements made in the Security Instrument. Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MaNTHLY interest and the payments, as follows: The Note provides for changes the 2. INTEREST Interest will be charged on unpaid principal until the fun amount of principal has been paid. 1 will pay interest at a yearly rate of 9.375 96. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7481 of this Note. 3. PAYMENTS (A) -MW and PIWO of Paymen" 1 will make a payment every month. This payment wig be for interest only. MdygAao Bank MULTISTATE INTBVST ONLY ADJUSTABLE RATE RIDER (LIBOR ARM) - Balloon of Loan 91SIO Page 1 of 4 NCL Dw 8480718 (0606) VMP Mortgage Solutions, Inc. BK 1989PG398 I I will make my monthly payments on the first day of each month beginning on June 1, 2007 . I will make my monthly payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If on, !lacy 1, 2012 . I still owe amounts under this Note, I will pay those amounts In full on that date, which is celled the 'Maturity Date.' I will make my monthly payments at IIii7itl W N?IrLC, F.S.H. P.O. B13( 78826, P®IHU, A8 85062-8826 or at a different place if required by the Note Holder. (8) Amount of Monddy Payments My initial monthly payment will be in the amount of U.S. $ 750.00 This amount may change. (C1 Monthly Payment Charges Changes in my monthly payment will reflect chenges in the unpaid principal of my loan and in the interest fate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4_ INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of NwamDer, 2007 and on that day every 6th monthis) thereafter. Each date on which my interest rate could j change is called a 'Change Date.' (B) The rode: Beginning with the first Change Date. my interest rate will be based on an Index. The 'Index' is the average of Interbank offered rates for six-month U.S. dolier-dooominated deposits in the London market ('LIBOR"), as published in The Wall! Street Journal. The most recent Index figure available as of the first business day of the month immediately proceeding the month in which the Change Date occurs is called 'Current Index.' If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. Icm No: HCL 91910 8480718 (06061 Page 2 of 4 06= BK 1989PG3982 IC) CalwAgdon of Cha"gs' Before each Change Date, the Note Holder will calculate my new inter pwca adding the and 750/1000tbs 3.750 %) to the Current Index. The Note Holder will then round point(s) ( 25%!. the result of this addition to the newest O w ag of rounded one ge a percentage ? will point 1 J0..11 new be my Subject to the limits stated in Section interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would Date in be sufficient to repay the unpold principal that 1 am expected to owe at the Change full on the 30 years from the data of the Note (the 'Amortization Period') at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. 1 acknowledge that this amount will not be sufficient to repay my loan in full on the Maturity Date and that I may owe a significant amount to Lender on the Maturity Date. ID) Urdte on kterest Rate Changes Date will not be greater The interest rate I am required to pay at the first Change than 10.375 % or less than 8.375 %. Thereafter, my adjustable interest rate will never be increased or decreased on any s„gle Change Data by more than ape and ND/1000tbs percentage point(s) ( 1.000 1 from the rate of Interest I have been paying for the preceding 6 rnontKa). My interest rate will never be greater than 15.375 which is called the "Maximum Rate." (El Effetylw Data of Menges Data. I will pay the My now interest rate will become effective on each Change date after the amount of my new monthly payment beginning on the first monthly payment Change Date until the amount of my monthly payment changes again. (p) Notios of Changes in my interest rate The Note Holder will deliver or mail to me a notice of any changes The notice and the amount of my monthly payment before the effective date of any charge. win include infommMon required by law to be given me and also the title and telephone number of a parson who will answer any question I may have regarding the notice. HCL 81810 LOM Nc - 06108 Page 3 of 4 8480718(06061 8K 1989PG3983 T BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Adiustable Rate Rider. ?., (Seat) (Seel) -Borrower -Borrower N ZC (Seal) (Seel) -Borrower -Borrower (Seat) lSealI -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower scan Him HCL 91910 8460718 (OWS) Pepe 4 of 4 )10108 8i1989PG3984 BALLOON RIDER TO be attached to Deed of Trust) Loan #: is incorporated THIS RIDER is made this 23rd day of ?1• 2007 and Deed of Trust or Deed to into and shag be deemed to amend and supp?nt the Mortgage, Secure Debt (the 'Security Instrument-1, of the same date given by the undersigned (the •gorrosr•) to secure Borrower's Note to IIWVW BAW, F.S.B., A F U t'offamm shm BUK described in the Security (the 'Laxxler"1 of the some date and covering the property Instrument end located at: 160 SlCMEHOM NOW, CAR61 Lr PA 17015 [Property Address) agreements ADDITIONAL COVENANT' In additan to the covenants and Security Instrument. Borrower and Lender further covenant and agree as follows'. made in the A. Balloon Ridar: Borrower acknowledges that the outstanding balance under the ban rnet be Palo in one large or "bagoon` payment on the 1st day of 10112y, 2012 . unless Borrower defaults under the Security Instrument or other loan documents and Lender Borrower acknowledges and agrees accelerates all amounts owed requiring sarfier repayment. that Lender has not made any representations w Borrower, either oral or written, that Lender will subordinate its lien created by this Security Instrument to any other flan which the property may hereafter become subject to, including, without limitation, any lien arising from Borrower's subsequent construction of improvements on the Property. Borrower ackno rlsdgee end agrees that lender is under no obligation to subordinate its lien created by this Security Instrument to any lien created hereafter and Lender does not intend to subordinate its lien to any other lien which the Property may hereafter become subject to. brdyMee hack Coratrrrodon Lot Loan Program - Baton Oder MrtaMtaba page 1 of 2 H 0 1908 84llo347 (0602) VMP Mortgage Solutions, Inc. Bt i 989PG3985 IN WITNESS WHEREOF, Borrower has executed this Balloon Rider and fully understands the conditions thereof. Date: Lr ?II r t, Z rv "7 (Seal) (Seal) -Borrower jfi/??VI?-S?orrower (Sea)l (Seal) -Borrower -Borrower (Seel) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower .Borrower TZNM NW, _ H L M 84SM7 (0802) Page 2 of 2 BK 1989PG3986 -- ---- ---- LOT RIDER (To be attached to Dead of Trustl Loan 4: THIS RIDER is made this 23rd day of AMU 2007 and is incorporated into and shall be deemed to amend and supplement to Mortgage, Dead of Trust or Dead to Secure Debt (the 'Security Instrument"), of the same date given by the undersigned (the 'Borrower') to secure Borrower's Note to IInID7ROW MM, F.B.B., A PECIF4 I.Y CHREMM SAMM BRW (the "Lander") of the same date and covering the property described in the Security Instrument and located at. 160 S'1C : HORD, Ci!lJSEE, PA 17015 [Property Address] ADDITIONAL COVENANT: In addition to the covenants and agreements made in the Security Mstruawnt, Borrower and Lender further covenant and agree that Uniform Covenant 6 of the Security instrument is deleted and is replaced by the following: 6. Docupenay and Use: Preservation, MWWOnance and Protection of the Property. Borrower and Lender acknowledge that as of the data of this Security tnstrument, the Property consists of unimproved land. If Borrower makes, or causes to be made, any improvements to the Property, after the date hereof, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days of completion of such improvements, unless Lender otherwise agrees in writing. Borrower dW keep the Property eveilable for Borrower's exclusive use and enjoyment at all times. Borrower shall not destroy, damage or impair the Property. allow the Property to deco ram, th or commit waste on the Property. Borrower shall not use, allow or suffer any part Property to be used as a facility for handling, treatment, storage or disposal of hazardous waste. Borrower shall satisfy in all material respects the requirements of and maintain the Property in compliance with all federal, state and local environmental protection or similar laws, ordinances, restrictions, licenses and regulations. Borrower shall not request or in any way assist another person or entity in a rawest to change the zoning of the Property from the Property's zoning as of the date of this Security Instrument. Borrower shad be in default if any forfeiture action or proceeding, whether civil or criminal is begun that In Lender's good faith judgment could result in forfeiture of the Property or otherwise materialty Impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such default and reinstate, as provided in Paragraph 18, causing the action or preceding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the indyMno ft* Conseacdon Lot Loan Program - Lot Rider Muftistats Page 1 of 2 IICL BOB 8480141 (0405) VMP Mortgage Solutions, Inc. (800)521-7291 02104 8K {989PG3987 Property or other material impairment of the lien crested by this Security Instrument of Lender's security interest. Borrower shelf also be in default if Borrower. during the loan application process, gave materialfy, false or inaccurate information or statements to Lender for faded to provide Lander with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy and use of the Property as an unimproved lot. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agress to the merger in writing. IN WITNESS WHEREOF, Borrower has executed this Lot Rider and fully understands the conditions thereof. Date: .,21 14p9 - Zro7 "CL 989 Loam 11m` _- 8480141 10405! Page 2 of 2 02J04 this to be recorded Cumberland County PA MI. Recorder of Deeds Eli 1989PG3988 rlC1) Prepared By: Return to: Parcel ID#: Shapiro & DeNardo, LLC Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 08-09-0523-117 NII?N?I?IN OOOLJY THE ABOVE SPACE FOR RECORDING USE ONLY 10-037039 XXXXXX1863 ASSIGNMENT OF MORTGAGE Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Banat, FSB (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to OneWest Bank, FSB (Assignee), a corporation with an office located at 888 E. Walnut Street, Pasadena, California 91101 and authorized to do business at that address, all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: ORIGINAL MORTGAGOR(S): John N. Mushovic ORIGINAL MORTGAGEE: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB DATE EXECUTED: April 23, 2007 AMOUNT SECURED: $96,000.00 DATE RECORDED: April 25, 2007 Book 1989, Page 3966 Recorded in Cumberland County, Commonwealth of Pennsylvania ('Mortgage"). LEGAL DESCRIPTION Legal Description more fully described in Exhibit "A" attached hereto and made a part hereof Property Address: 160 Stonehouse Road assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 Together with the note or obligation described in the Mortgage endorsed to the Assignee, ('Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. EFFECTIVE DATE: 120 &jo Assignor, by its appropriate core rate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of 2010. (Affix Corporate Sea]) ATTEST: Name:CS7-sr?61,?GJl/ t am5 Title: Assistant Vice president STATE OF f e-,<cp S Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB NanW? Brian Bumett Title: Assistant Vice President COUNTY OF _ r„y;Q BE IT REMEMBERED, that on this A day of'an 2010, before me, the subscriber, a Notary Public personalty appeared Brian Burnett officers of Assignor, Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. 11111 NOW - °` ALEX MCBRIDE Notary Public State of T ?,; ?Y(` fi•?s , exas MQVommiss'on Expires emt)er 10, 2010 I hereby certify that the correct address of the ASSIGNEE is 888 E Walnut Street Pas4dena, California 9110 L- Chrikie Sc6eide Our File No: 10-037039 Client No: XXXXXX1863 Notary Public My commission expires: Please RECORD /RETURN to: First Financial Abstract Company of Pennsylvania, Inc. 3600 Rorizon Drive, Ste. 150 King of Prussia, PA 19406 Tel: 610-278-6800 Fax: 610-278-9980 ALL that cc Wn tract of real estate lying and being situate in Dickinson Tovmship, Cumberland County, Pennsylvania, bounded and described as follows: BEaBMING at the corner of Iands of Lot 14 and Lot IS; thence along Lot 14, South 82 degrees 26 mina n 46 seconds West 735.10 feetva a concrete monument; thence along the some, South 01 degtac 38 minutes 56 seconds West 421.03 feet to a couca t@ monument at comer of lands of Lot 15 and lands now or formerly of Lewis R. Pink and Thelma R. Fink and Ralph L. Peffer and Roscann F. Pei1'er, thence along said lauds now or fomerly of Fink and Peffer South 86 degrees 08 minutes 49 seconds West 416.56 feet to an iron pin at comer of Lot 15 Dud kuWs now or formerly of Albert I., Vordekat, North 13 dogma 33 minutes 58 seconds West 591.98 feet to an existing Iron pin at corner of lands of Lot 15 And land now m formerly of Richard L, Morrison, thence along said Morrison lands North 82 degrees 26 minutes 46 seconda East 1,276.68 feet to an existing mag nail at the comer of !mule now or formerly of Richard L. Morrison and Stone House Road T-545; thence along Stone House Road, T-545, South 08 degrees 32 minutes 29 seconds East 200.03 Sect to a mag nail at the place of BEGINNING, CONTAMO a total am of 10.16303 acres, more or less, as set forth on subdivision Plant prispared far "South Fields", prepared by Dewds E. Black BrIgineering, Inc. dated September 6, 2006 and recorded in Plan Book 93, Page 90. BEING all of Lot 15. Schedule Wr OK 1989PG3980 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201003538 Recorded On 2/9/2010 At 2:08:21 PM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 60687 User ID - AF * Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Mortgagee - ONEWEST BANK FSB * Customer - SHAPIRO * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $10.00 $2.00 $3.00 $50.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 0 ° RECORDER O D ;DS f780 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOLJY 11111111111 IYIllllltl «D„ Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Cumberland County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadin-as or other papers as required by law or rules of court. K Commencement of Action: ® Complaint ? Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: OneWest Bank, FSB Lead Defendant's Name: Meghan M. Girrior, Known Heirs of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased ? Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo. Esquire A d t d? ? Y ® N Dollar Amount Requested: within arbitration limits SZ' amages reques re money e : es o (Check one) outside arbitration limits Is this a Class Action Suit? ? Yes ® No -Nature of#he Case: Place an "X" to the left of the:ONE case category that most accurately describes your PRIMARY CASE. If you are making-more than one type of claim, check`the one that = you consider most-important. - TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ? Intentional ? Buyer Plaintiff Administrative Agencies ? Malicious Prosecution ? Debt Collection: Credit Card ? Board of Assessment ? Motor Vehicle ? Debt Collection: Other ? Board of Elections ? Nuisance ? Dept. of Transportation ? Premises Liability ? Zoning Board ? Product Liability (does not El Employment Dispute: ? Statutory Appeal: Other include mass tort) Discrimination t ' ? Slander/Libel/Defamation ? Employment Dispute: Other : om '' ? Other: di J i l r u Appeals c a ? T Y ? Other: ? MDJ - Landlord/Tenant ? MDJ -Money Judgment h O MASS TORT - t er: ? y ? Asbestos - . ? Tobacco ? Toxic Tort - DES tF ? Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ? Toxic Waste ? Ejectment ? Intentional ? Other: ? Eminent Domain/Condemnation ? Malicious Prosecution ? Ground Rent ? Motor Vehicle ? Landlord/Tenant Dispute ? Nuisance ® Mortgage Foreclosure ? Premises Liability PROFESSIONAL LIABILITY ? Partition ? Product Liability (does not ? Dental ? Quiet Title include mass tort) ? Legal ? Other: ? Slander/LibeUDefamation ? Medical ? Other: ? Other Professional: 1 1 1 1 1 PaR.GP. 205.5 212010 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 10 - 5539 Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased 31 West Big Spring Avenue Apartment I Newville, PA 17241 o Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming tv ? t 5 Right, Title or Interest from or under John N. c Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 ,?- a-- DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRI TA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY T.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Meghan M. Girroir, Known Heirs of John N Mushovic, deceased 31 West Big Spring Avenue Apartment 1 Newville, PA 17241 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, OneWest Bank, FSB, the address of which is, 888 E. Walnut Street, Pasadena, California 91101, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Mortgagor(s): John N. Mushovic (b) Date of Mortgage: April 23, 2007 (c) Place and Date of Record of Mortea,e: Recorder of Deeds Cumberland County Mortgage Book 1989, Page 3966 Date: April 25, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assi ments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB Assignee: OneWest Bank, FSB Date of Assignment: January 28, 2010 Recording Date: February 9, 2010 Instrument No.: 201003538 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 160 Stonehouse Road, Assessed As Lot 15 Stonehouse Road, Carlisle, Pa 17015 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Meghan M. Girroir, Known Heirs of John N. Mushovic, deceased, 31 West Big Spring Avenue, Apartment 1, Newville, PA 17241 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. And the said John N. Mushovic died on or about February 18, 2010 thereby vesting title in Meghan M. Girroir. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of August 16, 2010: Principal Balance Due $96,000.00 Interest Currently Due and Owing at 6.75% From August 1, 2009 to October 31, 2009 $1,633.00 Interest Currently Due and Owing at 5.75% From November 1, 2009 to August 16, 2010 $4,369.68 Late Charges $347.00 Suspense/Unapplied Balance ($110.00) Title Report Fee $250.00 Attorney Fees & Costs of Foreclosure $4,800.00 DOTAL $107,289.68 8. Interest accrues at a per diem rate of $15.12 each day after August 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "B" in accordance with Pa.R.C.P. 1019(1). 11. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P. S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: SHAPIRO & DeNARDO, LLC 1,7 BY: Attorneys for Plaintiff S & D File No. 10-037039 13 -7a w. rde' Pnvp uW Bj. EM, F.S.B. IOMWWAWW Lin DEBWS fkmofmmww Nwv 480 1'?JV GMMMVW PM tsaa.t,?dd?1 wm lCN, PA 19401 tuba sib Y* C001 484•.636-5109 (rb epaa,m NOVW w NO zs fim io Sa Aftr was ikm TOuR to: S MS, ToO.B., C/0 DOS I(MWW vl twaonl S= B, 901 S 104TIJ sT, SU= 400/500 [SbWAAVW IMIM Cy, No 64131 rlJY4 Sara ZO ODWJ rwoptommalw UPVplwnl x w: LOT 15 Abm Thrr LahrForA#wwbw MORTGAGE MIN 100055401261224895 DLMNi'PiOKS wash uaod sA aauldple secticsls of tblr dooumcai ars detlned below sad oWor wa oi t VI*dblftdO0 16, 13, il,20 adZt. Cenvb rubsnpzdbg busagofwodsud in ibs dou = =¦rao d0 eF8nG (A) -OWTity blinm9 lt" mesas this dooa3 04 which is detod 43r a 23, 2007 . coeeda wilt all Riders to ibis dwwmt BK 1989PG3966 ?......?._ --- rurwws.r..•uM oooo?r.te?d+e•?? i t r r (,) %ZOMw Itme storms those Items iha ate: deacdbed is Soctien 3. " a" masse my campenuoc% sedlotttont, awed of dwaps, or prooOOds PW b9 07 thhd phi (Mbar to snst rgm ptaceeds pW un*w"oomgas dssedbod is too Prop ) for 05) Q) 43OW c to, or dubwdso 4 *0 I'ro sty, (ii) boa or other tddng of all or say pat in ttou of oondomnsttiow, or (iv) mialpra"Otations ut; at omissions A$ to, the valoc andfw eoodldon sf the Properly. leader evWst the ttaap um"'t 4 or default oft, the °Morlgags laa4ritatoe" mesas issursmaa protoctlag Loss. +pw{edt4 ftyant" mesas the o&Warly scheduled amount doe for (i) prmcfisi and WWmst under the Nac, Phu (11) MW mount under Sccft 3 of this Security lesbument. {P) " WA* moors the Real 1aMM SonIgmeal PrccodiM Act (12 U,S.C. §2601 of 949.) AW its og regoltdion, Regulation X (?A C.F R. Put 3300), as they migbt be monde8 AM tima to two Or atsy Seca* additlamal or aoccessw Iegiata on or N?0 RAC o s?10 °0t maM. As used in furls la aasent, "ROW neQns to all regol 0macts sad Nsbied" tha am impmd i xvpd to s "federally rotated mortgage toms" even if the Lam does not qualify ® a" McrvMy tolatod rnmtMc labrunder RWA. (Q) "successor in Iat ansd of Bonewer" means say party that has nlmtt title to the Property, whether or not that pasty has assumed Botrowet's obB01100 under the Noto and/or Phis Swank Yssoument. nWWU OFRi{i1WS IN THE PROM M This S%Mity lnsttltet "samosa to 3 ender. (1) the rcpsyment of ft LoM asd all renewals, 4ra0t OWN asd modiftodimM of the Note; gad 01) rise parfonasnoe of Borrower's covamma mW agrecums andor this Sto"Ity MRS (aolety ag b avment and fire Note. For this pntpase, Bacsownr does WOW mm%89A 9=1 and oenvey to foUow ? nocah"a for Leaft and Lender's sttWUM and assigns) sad to the sncc+arM and wigas of 14M db s described p ope TlY located in the a OM*F of CWGEKAW p9peofRew dingJurisdtotidal fNamtofiteeonN19J0*dtcdonJ Pas,ctllDNo: ICS 15 ElffIIBI'1' A ATUVIM l Alm MM A PART.' HEMMF wbich mmatly has the addteas of 160 ST*NWM IM Famylvaaia 17015 rpropottyAddt ")• c? f?tY1 14 Code] 'COGBIMR WITH an the inpro%umnis now or hcrcafter oreot9d on *0 pop*. and aB "Wmw1% All Mftmwootg and oddltitate? be sppgttpganeea, and tixbmos stow or beterstt4r a part of the proptrty. covered by thla 8ecuttty ln:htrtnenr Ali of the forcaoing L N11etNd to in this Searaigr Iaattr?ont BWOW MM"1 der and egeos dul MMW holds only legal title to ft itttotrnts "ded by Horro9rir is this Slxmw* ImfswWt, but, iE`n mssary to comply WA law or oudDA IVlBRq (a Ae01lt140 for Leader sal Lcadtr's aaeees M attd rudgw) hN the d9 tt to t)mvise arty or ail of those lot rsak Isdodlog, but oat limed to, rise rit* - - *mu m t+aac7art4 ? caw;?,Gw,riioieei.0.y? BK 1989PG3 968 u.a 1:J'" 1'a 1'3:1 ralvu apd to take arty acdon n9'? of Leader itrctuftig, but nut ibnbed to, nleaslr?g mid r Wilig1hW Seau ti' Iastrwmoat• t seised of f notate hambY aas?vayed and bas 65 BOUOWER COVENANTS *0 Bw*wc tb t ? p?o?aq is w1vAm>? WOW fx wcambrom of d jt m maWS% pus and aoavsy 1114 I'r ap 0" " and dye dale to t!a lmpatY e8a eD elafms and do e. mt WOO. 11wrowor watrupb and wW detbad t to any aoawabrrmca of reow d• TEM SECUNay IMTAUMMff aombioos uniform covensab f nod" u, end eat c0tiatfo8 1 O ou,.u nts with ticnitod variations by jurisdiction to condittKe .''form sccuultY tusum UNIFORM COVIMANTS. Borrower and I.msdar cavanant and sow as faliows: 1, pgsrtpt of Prindpoli Interest; Ewwr Itsms, p vMwtnt CUM* arrd Iratc (Uaat{ee. shall POW when due the pataoipal of, aad,'latest I^ taw debt avl deaaod 60 IA 81d K13Y t tone Bodo' 3t Bwgoww ? gad iota cha ps duo under the Note 8oa+nvror shall also m fumds for diall U.S. 1931, N t be made in iu'ltY aurra bsCl te tiresad ed is "kmMalod t to Ldcck ea* duo Ueda the Nebo gad this SKIWKY butllm e at e't lmdar t,q Nate or this Soour outer lit twived.> ? any or I t ??y doe Oda *0 Now and *b Seatrity Ui?rtama't bo unpaid, Lsadir aeq tegtara a SeUdW by Lender: (a) gash; (b) matey 000; (a) Cady?heck, Ruale in one at more of the following fnrm? or cashier's c,404 provhtid my Sob cbo4 ,s drstwn upon an WAStiar whale boat clroalr: treimm'O b a federel apUN Iasat '' of eudty; of (d) B%droulo F1mds'[Ye to t 61 stray 6 eposit' OW? deamod u*alved by Lender When mcclved at tba Iaaatioa dedPd4 in v Now or Lmdur may otbar IvAdo' as nW be designated by Lende in aeaor&W veldpancuts t rho ooda0giro ,ant to being IDs Lon 001011t, maim arty paymmd or pond ?° ? if t1w payment psypAut m?„ } pt to bft the Loa' c'are't. witisaud wa,var of my ,snot pug[ but Lander to aor Fqjudio to Its 1 rigmts to tutors seam plymeat or Vu* Inc "c Pa mOOM is h"under ? to such p99102134 at the time au?elr h'ymn' am a0a'?ed• soh- mmeW ft dpd ddw data, than Leader need not ply iutosasc o' uaepAod fund'. Louder' mq hold funds timdt Bonower Mabee payment to br4 the I.osat eurrestt. If Scuaw dove slot do so w,tltht a reaonebb 'Dell etiDvr s?pPiy auoh funds or radon tDam to Boe?• If slot appllad valiet, such foods Poriod ostb? tha Note baaata Cly prior to foraalaaom• NO off"t or will be grpllod to ibo ouWanding polucil? bats'ca wider Loader shall m1,c" Dwo"r 3t^om maklag pt its cldm which Bafotrof mght tu" vow Orin e ? ?g w Qowna'ta end a?eantoote m01°od ?' due undo *0 Nov and , this SecurltY Seotuity 2 hoMMUL Appl ="U of Payaeats or Psvcads• YsVA*t as othmwise dosadbed i'this Searle' 2, dl pgmeats w4apmd and popplIed by ,,Hader shall be appLai in the following 014'1 of P do t : (2) entered doe under tba NOW uni (a) 511:19033 doe olds:' t5ectioa 3. Such prymvslts sitdl im aPPI[ed m aael1 Ptaiat,g (b3 i d do Hadar lye Note; fatal to Ida dicer s, tvgand Psynis't in to adw in which It becae do. Aqy Teoe 410d Om to dace the prlaapal balawe of dm Nato. to arty ethos womb die uadef this Sootasty IaststwAeat, padoft PgMW wh,ab inclodm a ardent Itlandor rpooivss s paytamrtttncm ijaero? b4 applihe dalfaquatt Pq?°eat ? tme late charge. If Ima mt to VOW 1W late charge dim ? pqum IAWa rosy ? ?, p ad sew,vvd fiVM EonoWef to the tnom thla on Parlo& p? Is It ''fast that, goo pq+asotG am be paid to fad. To lye ermaat that raprgrcoaat of a& prrir pr Ia ed to the full paymeat of ooa a more ponodio Paymsan, such axeoas SRY vow 090 A Mohr WHod to &V Isla abasgm duo. lmra y b" be qV6ad first to gay p ant cbargas and then as Qeseribod in the Nose. Azw art _seta, iahtrsaco proceeds, at miavenactea w p roc qdy to ptinalpal dao slant' the Note sDa11 not am or podpoaa the duo dada, or cheap the 'mom t of the I'vnod,a paymoats. due tutdrx & 1haMs far Baeraro Ittsma. Borrower shall pops to Laidar an *a 4q Paiiodic Psyraems are the Nato. until dw Nato is paid in loll, a sum (the "Fuwa-) to provide for prym d of amounts duo tor. (a) lances and aaseatma'ts mud dhar ihmn wMah am Main priority over tans Socurity lumument m a Ilea or tnamb mm on the ?"? p ?1aak MarlFrlddie Mss tR QIS[ytVbt?'tC MARS Mt+evtia aor?. ? ?w- kwe pnia ape?aa di0a? SAY rW 4 er t4 lo?aaw+alsrRa?s Oblilll M% -,Am Uw= a0i" But l 989FG3969 10"du kl psymvMS or pound scoots on the Pnv1WW- If eaty; (o) Premiam+ for OY "d all 6sstirsaao ? by)Land. wader Seance S; and (d) MartW ins promatms, If OW. or any sums PrObk by Borrower to Under In lieu of ON pq ghat of M~ Lttot UM Pnsnthans in Weesdanee with the povisidas of SootloQ 10. These looms SM acted "8sarow Items.' At atigintation er it hay w deftsatusk MW Of thl Lack tred by thrower, Len&r May mom that COMUIty Aswlalion Dues, Fees, and AsaeOMets, OW, and vA does, and assossoxds rboll be an Iiecrow Item. Tower d a pmmp* f4wdsh to Leadw all notion of wnomots to be paid umdw this t3ea&& Botrowor shall pay Loader the Fonds for Eaenow Item unless Lander wahm Bmvwer's ab>lgation to pqr the Fttsds for MW or aE scow Iteina, Leader may waive in wMss obligation to pay to Leadot Faads for any or a Bmw Items at MW tuna. Any such waiver mqy only _ In the event of sorb waiver. Botroiwer sbdl pay dltectly, when and where payable, the SUMUSAS du entail f for M l.eadoe Items ft which payaaed of Funds has bow waived by Lander sad, if Leader regnirea, app, evida 4 such ownrent within such tine period as Lauder may uq dm. BatvWer's ebiigolks to recce a such paavine non tmd to Pao =* % shall for all purposes be deraaed to be a eevena d autd a4rremos eotdidaed In this Security laThIM1006 as the punts '`covemmt and ag tnieft" is used In Section 9. If Gorr other is obligated to pay Escrow Items Streaky , to a Waiver, and Borrower feria to pray tho amount due for an &scrana Item, May o>v iaa 1% ti s mador Section 9 add pay such amoaat and Boato+? shall then be obligated under Lader Section 9 to aepay to LwA4r sny such amount. Lender May mvobu the Waiver as to hay ar aU Escrowit"na at hap' tithe by a nodes gives in acooedow with Section IS and. upon such revocatio0. RMVWer shall Pq to 1anda au Irurtds, and in stash arrow % that ate than wgvind under this Seatias 3. to apply the Leader mazy, at aoW time, collect and hold Funds in an mount (a) s>i ck-ut to permit Leader ftxb at the bane gWWW a odor RPMA, and (b) dot to axwo rho maximum mount a header can rqWm under RESPA. Fader shag eattRSabe the mount of rows due an the bash of currost data and MUMRWe Odmatts of e4*29tums ofhium pxrow Items or othawlsa b i soeordsm with Applicabk Law. The lynch shall be bold In as Insillation whose deedsit: at insured by a federal agony, loWu gnu fns or entity (incMftg under. if Loader Is an institution wheee deposits are so insured) or In any Mesa! How Loeo BsWL Lander dull apply the youds to pay the liacrow trams no lobe' dun the time spaclW under YOMPA. Lender shall not charge Bommor ter hold! g ad applying rho Ponds, andually awdy" rho escrow account, or verifying the lisonow Mesas, unless Lander pan Borrow w interest ou rite Funds and Applicable Law peaWls Leader to make such a ahasge. Unless an aBreemeat is tnado in wridag or Applicsblo law requires tutevea to be Pad as rho Gondar abaft trot be sagtdted bo pay Serrowor away iatorert or eemisgs oa the lgaads- Batro'w'or and Under cast a?aa in wrung, however. that inknot shall be pag on the Funds. Lender Stall Ova to Botrmwer, without clasp, Mn gonad sooountlng ofthe V=ds w segabuid yb t I 1 WA. Ndm is a atttphra d7ads bead 6 escrow. as defined undet' AMA. Lender shall AWARMt to Borrower for the emu fends Is scowdaaae with RESPA. If ftre is a shortap of Fends bold in oxtroe', as ddtned under RWA, Lender shall no* Borrower as tWind by REMA? and Borrower shall pay to Lender now oeeasary to A A0 up the shertago In acoardowe with Rb SM, but in no assn rhea 11 mug* pgrM Vdiew is a doSdcary of F1mds bold in eaomw, as d0t3aed under to MPAI r dual nodf woweanca wi Ill AMbudR a, and BertttPle' shall pay to Lartder the amatptt tueec"My Malm up Ow delickwy In no mono tine IZ utoatthiy ppyawts. Upon payment In full of all swas secured by dais Security GtaWment, Urkdcr sball promptly rofated to Borrower any Funds held by Ltador, .t, Chars; bt ksa. Borrower shalt pay all mca, asussments, ohu&=4 lines, and Impositions agdbub ft To the Property which can attda priodly over this Security Ioalm"at, leasehold putyaamts of Vvend rents on that Pmpar(y, if aqy, and Caamtmity AssaWon Dues, Foos, had Assesmests, If alb: To the cumt that drone [terra era )E SMOW ftM, Borrower shall pay them In the MW3VCS pjavldod in Section 3, Bassoons shat! promptly dlactstrge hay lice which has priority over this Security intttunnent tubas Borrower. (a) agteea in.writing to the petymd of the obligdion secured costrits Ow Ilan e to a to 00 by ldefauto Gunder, but oily a teat a Bwrow is r din such ch in °n La?Acr? 's al the od'aroemm against eofotoonosRt of rho IiCA in, legal p[occe eeodla?t ?oo o1K? to ?°we of the liter while those proceedlop are peadiug, but only until such proceedings we r,oacludod; or (o) saran: fmm the holder of tale lien an agreement a dsfaotmy to Lender subordb uftS the lien to ibis Seca* hwtm went If l4dea4i4-- - aatrae?wMaawr ?? oroes.rs.ewalwa?.?.hr 6X t 989FG3970 pmParty is subject to a lim wbiob can tdtdo priortty over this 8oua+rtY I.a? dowmims that spy part of the oe tiRtdlYinB lbs. 9irttbbr t0 dqs of the date an W" that notice IM*r mrp' Ilia Bottt>wa a is Ova, LO BW to .time otuaga M Set f for a coal etW se tact vcriticAm =War mpul* sarvioo used by L=&w In cppnwdm with fide Loot. s Borroter shallla>aptheimprorem nay exisdug orbmaefter erected oa tba >1' iaatara?oa. wrm pra"rW kwuDd o1gW Irma by an, hm:sb bwladsd within the imm aKWOW mvm4Pp 04 ecy Naar hLmds ba ba frsoittdfsi6. bat not llaodmd to, asthgttottm recd ttoads. tot 4M LaAw tea levela) and &r da *94 lust Ueda room. WhO Lcndar m&Wdod is to amomta (indOft the form of the Loan. 7% lu mnee cow soAtences can chms dwr3a6 rim 1 be chosen by Bamwer auVjm to LmAdor's right to &,,p= BtKrowar't c6alee. which riot shd m* ba exercised uosesaatrbly. to . to oarmoottoo WO this Loan, Leaurr nary aIQUg se?cas: nn (b) a oae?inte mwtidw sad vita: flood moo deb oadflaod zone d naiic4 each limo mawimp be on aetifuaaiada m a ct sect saigottB charges actor W" reasonably might affect 9wh doxmtir?adon or Mtifictdl Agee incy c eadon with avoolble hoc Wa payment Or OW foot kapowd by me Federal EMMAW-' 1?na8'? toot "F&w of mW flood coca detemLmtd m roaakkg from on objection by Boatower. Tf BWOwer faik bo ttteimtahr MV of the covaratges described above, Land" may obtda lnsuranoc oovarotpe, iaadar is under Ito obti9sdion to pnrcbasa ?Y t?°la ? of satauat St Laden?a epdan oad Bmr*W's expense. or might TO pr w laaro ver, Rocrarm s of eOWAW. 47tet 6n, each cavamp dhslt cow Loader. but might OTft M the property, or too camtaats of the Property, at3nst 104' YW+ bad of lit dhY and 101903 provbfe gtaatrr or imsar Davao than was p rovioasly in Offact Boaowar ulmowledgw that too coat of the Its coverage so d have ausla d. AlY a?nauats scimay Ob"Awd ? d9w raced the post of lnstsance lost m liwwm debt c of OUi Bmt+cwer pgvbtY dbbosaed by Landof ender *it S"doa S shall bocce addfdoaal dabs aoelsed shhill this be ryshla, fasmmmst, '1bm atmonnn 1W bar h tat at the Note rate tam the date of disbtusemaat and s with saoh intafasf, ugoq rtotka 60m Umdar to Borrower tct{uetdsgg tUoies shsl! be subJact to I,endar'v tight to All ins Mum pdkim regtdrod by Loader 06 remwrda of sttob p0 arch per, shall include a stsmd W MOW elausc, aped rdrall new Leockt as taw19gW WL4W m m hnv6 the ri w to hold Ow piwet tad mwwal aLrtlBeltet. If L06K MOM rwlk?j? pox. Lauder thou Lad raaewel nodcm SSUR"M ebWO SOY Buttowar rush psomptr give to Leadee all recei of l ndt 'w dams9e to, or da buctim of, the PropaetY' such form of ionsOM coWW# not of AMKO "#red W Rndlor m eD additional loss polay sbap imalude a anadad mtrttgaga chum and shall name Landon as mortgW PaYec in to avant of loan, 8artvwar shalt give Frmpt DOtica to to iatrmem curler and Lender. Lender W' Borrower mess ? turd BWOwar *"Twin Bp" in wtltiAih VW 01211. pave[ of loos itnot ms de promptu b5' immmoe preeovds, wlathar of mat to utldarlYin6 insrtrance was roquiaad by Loader, ahatt be applied to tastoNbon is tat leaaeaod• or rq dr of me Pmarb,, if the r+esfaftdiao or ? h ? a turd Ltdtdar's sactui0? Dorlsg sq& tepdr 041 rostaradoa period, I,endar shall bate-$b di ft to hold auoh imam+eooc pse? S =0 LL? km W am OPPO? hoped to env= the week hot boo Oaaaapltbed poYlded shot nth 181"Odon shall be *44 PVMPOY. IMAM °sR ?, ?h no atk m in a single poment or 14 $ seats of Vw ms pay der than not be made in tvridog or Appl'iCable Law rogdm Wand to be paid on such ioaaraoa proocods, Len r to p, $anum a, UOCM or esttringi on Mull Fracceds. Foos rot public 4uslLm or our third pasties, m altrad by Bum a shalt not be paid ad of the bmwtw ptnoceds tad shall ba the sole oNvOw of BOrrcm if the msk WO or tapalr is net ecomu*1111 ' f dbh w Leodm's aectadty wooid be lessemod, me insrmmoe prooads ab;it be VFW to dro torso secured by ibla 9ovm'ib+ l wmnt, wha6er or not loan due, YA& the a?cear, If aq. to Batoww. 6ooh iastt m= pwds dWI ba applied in tun order provided for im Section 2. if BMTo u oDrmdam too Properb4 iesda mq W n0pdm and souk a w avWMIo hmaaace claim and mldod matt m If amrawor door not respond wk* 30 days to a motico &M Laadet that the imaLtmoe cu ill Olm" to 00 a cldm, to Lmdat mq nolvelme d solde thu clAhL SOOhe 22 or 1te, a & W iIG dw netlce to given. In War oven, or if Lender &Opd as Pro" - bF+an?Y-lhmpemwym=c"Mwp......w...._.under ?.L.a___._ raaa?w?i. wta -Tw O IXO. tfte6ot?? I? ? ouo??wcaror.?s?.xt.d 813 ! 989PG3971 tea" ?'a tights to OW Iowsnoe pis in am moot nut to oved the amounts twrpdd assi8sss to ia0der ( Iaatr+mmaat, Wd N) wY cow of Boovwat% tights (011W dw the *# to w9 wader the Note or this Seclift wcr) under, an inswum poikias coedag the Propet{(, bR*r sa VA tights of um:tted prartdum+ pM by DOM T.ander ma4' v o the inowsaoe imods Oltbar to tepdr or restara fife my eq oubw to the cMWO a of the 1*ropet0. whether er not thsa daa ?, of to PW amoaatj anpsid undet the Naha or this Sooarity bPuu= . a 1#aer+ of i 0 raidme BQit aWpt $ droopy. ateblish, sad use 60 Prcpsm OeSUpOW 6. A own 60 aftf IM eatecutoa of this Sect * lmstamern sod am, sant?auO to oo0upy WOMIC areas ? w • d resideace for d less am yea stlrr *9 dsoe of WQW= , ? ? ? whid? aM BWWWW Wbkh oaf abali mat be aMaso0el*tY withheld or vntoss o><tasudiAB oboe virift beyold 8arowsf's an=), rympec"'m Boaowar $11811 mat 7. Tresom ioar Malateaaslee sad Ptotedioia of tpe Pevperty; destr0y? damtgp or bp* the prooeny, auaw the PMPRW to dcurlar& or eaatfait waft on ', ° do mdutd the is datW o POW"t t ply in order or not )IotteW is tvsidtng In ft Prot il or dousaft is Woo due to its casfdidan. ak tess it is dot fa? p? ?? it ? to void frasnder t era= Is not amawask 6uibla, 8atrower ahe111K0a° 1° r oenue cdon with d=W tw of or dMW. If iltaoreoee or condemttatla? proasWs paw to if LOnder Us mPdft 01 g of, do ptWaV,, Borrower IMI be t"pea ?b hr fmt° l? ym 0* i>t s $ia furtim nlowd FW'? for xah prpQW - Lerfdras h work is campkted. If tho inWmm or condotsaatian prate psyroma or in a sense of Perm Poo=% >Idnavner is not retleved of Batrmvcr's ab]i dW" for the = not sari Wpet to ? or testota th0 Property, compiietica of Wk repair or rooa' Gans of the Prolfu'• If it hes teasoasble UyW or its sat awry make tessanabla catciv$ > attd WP°tLa" $hdl give 8atrower nods at cause. Lander MW rho Idetiar of the kn oves>oats on tiro Propt1'. toh an 10wor impectlon spo0ltylag such toeWCAIa cern0. the time of orpda to sf , tbfs. Botvwer ehdl be to WOU If, duA* the'am appliadioo pcoccse, L BWorvar s Loan Appf ' iedp or oonmt wit Itortowa or aq pmew of ene4p acting at the diroctioc at Bostower to Lander ( failed tap Landef PA's may fides. mxisteediag, or Inaaoaratc iafatsadtaa MMOW err stst100 Wade, but src nat limited to, mdotid jagarpsedon) in cwmw wbb the Low, WO W of the Ptapody as Sarowet's pflnaipel tasideaco. ?'°s eonOesaLe6 BosreWer's ocoapmwy is Uider Ude SOM* lut rMSant. 0 I'tokedoa of 1,sader$s Utktai la tke Fropa coutsb$ed in s SecatltY IofWMaf, (b) *M is t legtd (a) BosrOM fails to pafonm the Leadot's bftv st itt the PraptB#p awe tights tmda 1 Be Y PNOW d4lit that Dag)t slgw 5' t *, for candaunwion or aatlblbae. for vafoscem®t of s 1100 bu&gWtq Iastt..% teach as a proca?g In Wa* , s omens or to entmoe laws or osMaIM ,err (a) 99O ifas abaedvded pfopuW, than Leader MVJ do MW PlW for Is prd t>t tae win the vt? Of U, not tltlaitod to: "Wed Into bcp * tad tig>fk ttndcr>SfiBoo* U Tastt?d? ?'odo0s go bdude, but the Property, and "Pift$ aadlor repa*g the Propcr# , Lc OW this Seimv UWMDN (b) apps" in enact; tafd {a) psq a4' sawn socftted a Prot i sndlar NIS t this SecAttitir C ( rouoasble tRtosael, oat its iaosmst in the Property IWTAet, but is mat tnabn ,iii its secow position in a besdaupay Pr°aee g,or board up don aad wtadows, dram wiea limsitcd to, easarfa t Ptnper4Y to mdae sopaits ab locks. Kp aooditieett, and bavO adWAs tamed war off. 6rom pipes, eliminate buNIAS or eater erode viotedaas or daurfaus Jcaht not 10 Ahhangh I?t AW ?' tske OW= ad ON Led" i akna Iu6iliry forot tddnB amy der &j edioos oat end +? this obvp pan to do w, It Is agiro ScWOa 9. udder this Section 9 shalt b vOM W &W" debt of Barawcr aecarod Any amcwta dlstHUSed by I.aador by g? Sectvity Iastruntaut: 'thew emofmts sha11 bear irrterast st the NOW tae ban the date of disblasemaA SW be pgoifie„ with such iPW=t, ? notion f L'C Tw oo ball corm>,* {y wbb 0 P visions of the testa. If If thi$ Security Iastnm ut is on a lessehoid, Bo?rvrYSr s ball t title Am not a mU th *argc e unless protass Landez up" to the Biasrowa mph $ fee Oft to t1e Property, the Iea6chold and rho fe not MOW in Wdttag. spa Nt?Altcri ?? run iaWs ramliy-Ynsie M rW7orli4tr rvMalta,?sra ti!? u?? oamos,twCvw?? ..°w' I¦ Imam OR 1989PG3912 a eoadtMon of making the Loam. a to 1MIo>r?e Lsvaae?? nqvkW MOM - To a% in effect. M for aw se+ "' ? nudaton duo Modpv D= Borrower shall p+W the pretniuasa Lander VMW to be, aviilable from the mottgap Utsttta lhat F+et+l MorN" ]oaarettoe wvetage Tsgt>ired w to make eepm Ay desigp?d POOMMIS tawud 1Le Proms ?v? soct inwwx ad Bortnwa aduam ra(11ired to obtain covattp Aulm of ft qdv#d to the for Moatgept 10ptt®oa, Hatrowin erred la4' W subaf.atiauy ages valeat to *0 am to S11rto MOSW Insarowe pr?vitrtrsty is aq'ect, at a coat if subt?l1y 9081M aj* it effect, km an elta? matp8e lrasurar ,, so p d by 10 Le tit's swum of the sopatiwly MLa 04 is not available, Borrow sboll atmtirt to pay dedgnded p?>< that were duo wban the innmutca ooerap 0eared to be in Avffwt Mc Loader Will ttoOM use tad loss ret+xve in lieu of Meotp?ge Inastrenoev Suck leas toeotva But be m ? ? Lender 1 not be requited to Nub two pa0? e a ttor oftmdabb aht1 CCtjokw uotwr wwad its the fact that the Loan 13 utfiald ty P&M loss turn if n?Bates qty idon st or aarntoga an such loss roeetvo. L40dw on no %w requite as >»? POTMft ?? Mortlor Iotaaa W cOW V (ia tba Mara t SW for the period that L r tetprirw)1 ?' 11014 I.artdoc te411itoe sst?0b' des?ed P90006 towed the bmaw as a conditloa of mA bg f e Los tad by L=dw agaiO booaasee available is obtaisad. preroWs for bftVp Imerence, If Lardut zWdrod Nortpge towturd Wo for Mottpv Irmtasnm, Padua B11noWr v,,a tt to males Wpoviev dw padod Popneau in affect, or toprovide anoarofgodal?la BMW= sban pow aw pond u n tttgtntod to Sn1 Bads in t oo fibe :ram written ag?t by Apptlotble Law loss ttraarye, =0 I,ender'a ?pmont for M~ Ir a reds tamiadloa is required for sttoh tm WWWen at bat"= Bomwer ad LAW" WvWft 9 in ft S VOM 10 sheets Boyrowar's obligWoo to PQ' ipterest At the We PnMW In ? loseee it may MMW Wan" retmbursas Landes' (or MY aft that Muvb u *0 No") OW Iaaartm?, itlcla' if Borg duo not ram the LOW as tom' Borrower is not a pa* to &c, MorfpatAto tiro, end 'M enter am 001 M11rtoege.btmws ovoluato their total risk as an such insursnea in farce f thaO itrtro agso omento with other lain th t am or modlt}r theft talc. or educ0 WAN, TUN WC=Wft these egrvoroMM ad oaoditions d i are a0da8racrY to tbdtaottW Wurw and tho other petty (or Mttes) to lbeae: elpowa rb they mgtlim me Irtottgage Watts to ntdo poynMa lid" tW Sol= of Anode do mortgage imtarataa bmrv ayenable (wh;ch mjgr laohtde fimdv obtaiaed fray Mw"p blaraw W° hl aiaawar, e+U' other As a t?eeult orthese agt"101 1% Leads, ON pew' of the Noto, eadbor aUM, o derive W O (or m erdity, or aqy ntBliate of MW of ttu: #ore8pla8? a teasive (directly or kAkm ) is sxchaa6e for tha* or be duawl i a,) a pardon or Borrower s ptytttgmts for an dank of bender U*W modifyina me Mod pr 100" N such ague a pi pe°viaea ryh ?? for a rht¢e of tbo pn???r paid to he isssttt?er, the ?t?t Is tala?e it An of *1 inruter for Merigago Fwth ' AxY ot0eu termed rtrettte wn) ql l trot Street the amot that 10Mrsr b" weed to ? or W10 "W" (S) trs' ?? ?a eee' w teln w -c a Uuu nv% or Sayan" ser=a or ow Leta. Bard agrwheat, nta wt11 not et itetrasac tl?e mood Barren for M~ Taewrana? and they 7111 flat eagge 8ortower to day r dt to the er k" - 1t any - ?r tweed (b) Any =411, aptoneats Will not dram Are tl&ta Borrow J MWF4W Wtrnnee wader the Aoreowt Preseason Ad of 1998 or any other last: '1'1x1111 lrots ean mat' &UM it dWS Ate 0& to 26"W9 COMM Owwwwt. to rratlied Nod ebtaln 010041111/1/111 of no Ma- -A ?a+ to ltu?ve Am 1Mlodmi; b" Mom ftno a m awtstnafite?i andtor to rooeivo a r4md or 11wy Mortpp iaa? (trots t>trtt were wtetmrnod at the theta ore dlatrw Alloy a °t proceeds are h=by U. AarlPaeoat or lW(tWpattaoas rM"tdr; as alped to and when be paldtolAnder. ed to resutcatiw 110 tepah' of On Mtsoalltmoous proee?s aha11 be If the Auparty is daaraged, SWh or is occaoalieWly feaslble and Lender's socwhY ptepaw, if the reeaoawdo>z repair ,epdar spell have the dot to hold such Mssoellmetsus Ptocbede fop* Said tedXW? "641 , to anataa the erotic has been cowpleted ?to Leader's Uddtoda ? apt th 94 be taadOtW= prampol. Lander mty Pay for the "`i *9 sad relto" in vrrldn8 qvW tsntt as ft wodc is • [lplaaa a apeept that Oll"I M-* or 111 a twriet? of ptogl? Pttyntoa gut btiaoe>N praoeede, Lettdor shall cet?al be taitdted to P?' Ban-am Say taknd or ataaiaog?t an iuah6 ? Mlsoeilmeons P.Gows. If the restmim at mpdr is rot ooaasamrreaa p?Mg ttnnlel?f?elP+'eddkMWtg4Hv Maarrw=-G - - Na Nwvwe ?8d14 6MLvs.aerrii?+?a,murw BK i 989PG3973 asible or limdts<'t soctuiry would be teaxcecd, am MisMjlW ens Proeeoda stall be applitti to the sums stww W by ? y?, would or l thm duo, wish the exaeas. if sty. paid to Bormcf, Such ypsceDcwm tbis vcoe&&D be -n* m ft Odor P * tsar in sact"m" Pro, sects shall lathe ovsnt of a total taidog, 4esir*' or loss in vsloo of the worm. WS Socurhy ?' whather or not then duo, with *A expels, if *q, paid to be appfie4 to the MW secured by fh &MOdoE, or loss in value of the Ptvp? to wbicb the fair VNIUM of t BWOM. moo pMyM event fy bed & mat tdda8. y ou, or loss in V" is equal to T r or loss is valve. ,be of the sums sacurod by *b Sw:wby Ummuent immedisblY before the past 1"W"51 htst? shad be oehuwise Ogees in writing. the stuns w"od by ft 8oouri : told amouO o md? by ft auount of the 1Vifeoouanemu Pra°o& md?aw or 1 ?m vslus divide ?' N) l be rkett W stuns seowod bm0diwAjy iateltlyy b01ee5 a fW p ?t?& de on, or loss in value. Any beiges shalpaW voluo of the A'opaty to Bocmwer. dvshttotioo, or tors in voluc of the PWPartY in which ltte fair market value of l ]a the owatt le s fto *dal Wd doA or loss in value is loss than *0 Onowd of the Mass the Ppopoty and 40?? fig. desttt?ctloE,Or 1050 in VAIUS, ? the .amswsac+ued?ts 5oeodty lnettmncut e8coo in wdda& e. bliecelbacum procovds dWl be app whether a ttoA the sours>K an tbon din "wood by Boammr, or i? after notioo by la dor to BuMv/Gr that the Oppoegu a* UtheATOY Bosrawor Wis to mpood ID (( ? gw wa sentence) oils to M" 0 award to setfk a Claw d " the dale the ova= is givet Lend" y M amity iAaok, wbeth" or um scowal bto MUCG' or On PwiY Proceeds vita to rmdonsioa or topair of he PM" of ?MOW' .not dwa do,1 " OPp?ti Pstfy" 16M, t th that owes Baaowvr Mlsceltst? sgabt+l pbppf 8artnwa b as a tight of sGtiost in mgmd to ]VS mmo aeons proceeds. is whether civil or atimiasi, is bens that, BorlONOr shall be in dot'huit Ir ON action m Pmpo co* mmaoerisl impairment of header's Interco in the l,emws Judv mt, could remit in fado6ro of Ow PropmtY or g=bmd1on his or IWO tinder Sea r luafrltmont, Bawer yea qMW ? to be &WAssed with 11 td on 114 :eaot . raft stoto as provided in Section 19, by otm+in6 tha actfcu or PVV art of r epdar's Inteteq In the m of the PMPCM a other tnsoterial Woo$* or lnw0 &C forU*6eito? •Me VWeods of MY aW1rd or otedm for dan»Ba -Ow ®° intateat in so PtopCM ale booby sasi?tad 04 slmli be paid to 1MXW. le to dw b aiment ofLeads's atadion or mpait of the Property shill be applied is Ali b iiwellsnocow Psocooda that as not aPPlied to rost die ceder ps ovidal for is Swil=2. Leaisr Not a Wsivet: Emosion of the time for pawnt 11. Borfptwr xwon irso sums sc ued i by SW? lasn+cm?eO UsaW by Gender 10 Barth or moditirmtim of amottixatloa of lib sutras leotard by c to totals the lirbility of BOrower or say Su m=% any Successw in Y of BottpWer shad not oporat Su%cssor is bit a of hTw"d of 13 a to co=ww Pcvoeodiotps agttind any US 1.etKler shall ant be svclui? therwise modify smardsation of the sums wooled in ool bedmebytt of aatrowvr or to tr fun to mound time for P t o essda by ft MIOW BarovAr ar KW Stteoessors 34MAY la=m ?,4 LAW9 in raomoisiog nW Tor rMo# WWH* wit" tun 090% U?'s in smoula less than the Bon wor. entities or 3='MM in fad otBanovvtr or ape of pr<yan?ents horn third Pew en *4 exorcise ot'stty tfht orremedy. Saw" tftsa dtte, thata not be a WNW of or ptecltale 8aeot?ors sad ? ?? HoKrower oovensats sad 13. Joint Old Sevad I.wdltyl odped=. wbo oosigns this ?s *A ?proPs obiiplicas aad itsbllity ahrli bojoint and several. However. say elver is c this;;ostaltYlnstt?oat 0* to Sumq, but=t but does not cwM1e the Note (a ?o sibset"): ? the mans otehls 6oCUriW f ad (b) to moetw, graat and oaavey 09 ao'dPA s mtertntt at this See ft b*umw4 and (o) s®°O the Under and mtY Eat persawk obrtg ad to Pay the stales snowed by aocatanwdoas with regm'd to to tams of this Gillet Awww on wroe to axtmd. modify, ftbow or M" MW use so=* Ymttament er rho Note Witboot the co-sigEar' sc`nfs McMeelrina 9glttlsi ?? -_ JRaieF?+llYp?oakM?? ?(t{?iINS'tlttltd?tt twa?wiwasas -lSMe taer? Ii? aao0bsti.e..fi.•sa,?ea1,. w l g89PG3974 'a &ub)eot t the plav mitt' u of Section 18, aaY CW is in avW I?+byM of Load Bcr,wcm4Ar ? who dQ =all me of BBatamyowerwa?''s vrj awlgadaas tintkr two u '" ` l ctsmeut is ?& not be soleesed from RMOWcr's obllg+doos ? aadbeneft? *h &CdrW wt• BotrowFW 1 Sochi tejm in writkQ& The coYeusab and wader agrees . in Section 20) ad banetit the sece?eLwa and jnsimacd"bind (C'mPt as 1i of lids Socuu '" i Psm' &nips.aflvodor• $orrowar Beoa far aetvlcos pcrfotmeddgbtsf ? aamradan with ]d• Loan ChtWgm Lender may clrar8e smd inder this Somity i ? deCtarit, for tbo pm"m of p atccgug Lw lot's kdetert in 1" Fm, Y?a?oa Enos. in svgsrd to spry' but not 1lmited to, sttomoys' fear. p fea to Bomar ? '001 o? too, 60 dtsMM Of 6XVIca mot *ft is O's k=ky i ender n "o 0 oiV a & f qmdffc a that as oxpsosety lxobib?tted ye cvnstated as a prahibitioa an the ehsagn+8 Ofooch by V* y Intptrttnettt or by AK*cabk Lim. naA da law is ftolly intorpotw If that 00 LQW is wb)oet to IS bt w which sets maxlmcsa loco abaagm, pp the iotmVee a gum tosat oitmges colloatnd or d be e by 91Bod w t Dec mp Rd= ft ?rebmd Basile. then: way 0* lane chop" Wftm Baro' owed t? the aNote [bba tr uMW + _v mW89 Ike; and (b) MW gases W"* ooDOcbd roduo6tg lira peiaeipsl BuIram. L.amia My oboose to tssdce tbta intend by the reduction wW be treated as a PKW pMPOV et?e &Ct maze to Hatower. If a mfm?d "dam Pdopipal' cbasge IS ygovidod for under the Noes). Honowat's aaepttptoe Mode by distiat I"g`D°e"t to Boaowar will eaostihtte a waiver of atv? r16bt of soft without a of spry sttoh peony Sok taafiaasd awn (`?? i not a p 'n Boriowarm have adant3 out of etch ovotthar8e• in conoection wkh tWt Security Insboment must be I3„ platltq• All notices given by Borrower of T.eodar shall be deemed to boa ban g? in arrkhtg. AM m0110 to Borrower in comrecdw with this Secttrlty Ina to Harrower w4an mailed by first aL?sa Ma of when aowally dslivued to gat ewer's nodca addmu if scut by other to dt Boarewop unkR APP1 CAA Law euVX4, =WW means. Notice to say one Bosrawer shalt shall abe go > DODO" Address tmlcss aoaovrar hw detti®pated s aubtditute roquim otbet'wleo• lie notice sdd= sbdl oq* nodo Leader of Borrower's Change of Wen. If nodes addtoas by ttoltoa to Lender. Bps jk V,, ego of adeeess, Sam Hostetter Shah Only WPM n clstpsga odlq LMMW qGMW a proood= for trop under this Sewdty 77tare tub be o* ow deeigostcd notion address of ttddtess tismo A tbd specillod notice pso z eadar shill to Shea by delirarkng k or by mailing Is by last opal Mail .ingmmlant at law aoa t1Cde. Any mothet obbas by notice to Bomwer. Any I0110 In to Leach's adQsNa sisdod herein linings Leader hat desig ved by nated to have bem &Wdn to 1,013d" 80 FW ale Applicable -comection Wob thi s Socu* ?aat shell ttot be deesoedis also m rdsod under Appllosltlo until Low, wdiY App I.or+der. if sty notiac raqui?ad by two SeotnitY Wit tattier Ibis Security lhstrutnear• Law re4visamm# WM "As;* $0 aorro>RtaadingR C?ridtap. 'ilria tsoctaili' shall W Soveracd i16. GWm d" Low; t3everibllhy3 W wblch the IMP* is toaawd. Ali hand Obligattiat cce"fia MW 1" rind lira law at** )ndWictim k I..aw A? MOM"" MINI "Id" for it & be but 06 afloW ahaU not be by 042 Sao* fthwa ; are sWtitfet to ow ?MY alldw alto pat0cs to og= by om cat err ckm of tldt Seom* epm?t by cmbWt. In rite "at &ot rely p01W viaiaos of U& SOM11Y cofia"d hI a et' lbealts Kota ?tlids Wilt AMOCAW Law', sock annular shah not $act olbar pm InsteUUW ar rite Now which cart be given o e wi g°OY?? o'g shill moan asd Include As won is this soctuily luotro a t) shs8 MO ms sad tnolade the c?pouding pi MW we* Or wwtte of the liaminttre gender; (b) words in the ARPAW ? to tn say saliva plard and vivo Tease: sad (a) tba word "MW, gives #vie dlswanm witilm any obligati R Barr mss Copy Donamr shall be given me aaPY of *a Nate sad of this Seoaft iaafrrcosw- %s Sedum is, "tutarat Ia 7041101! of the lPs op t' or a Bartdtdat Interset IN Bo Wig, As Used is but not limited to those boofiC14 I. the propW mews say 100 or beaodclol ink i bim"Cs j=WWW in a bawd ter deed. aattuvo t sails contractor escrow Weemea. do stttoat Of which is to ttttttttalar oftitts y of ' Iatataat in Ilse p"pmW is sold Or use kaw (or if 8ott'awa is not a if a or acprput afth is sold or enwkrted}without Lenders prior wdttaa Consent, n&W person and a bomfieW btmrear In Barrowes a4tUru VlrrKY%DsNL% -- [+ami?yrliN.ete66dPt?edie p 1.0-M omar.twc rr. r? -To w.coar.a Bit 1989PG3975 : te9? Y?loweveztie Ins itY immediate PWM"l to fall of 411 roman moved by this SeawLaw Under fb uct be c a? Loder f SO LlVdabteed by APPS tie naliooe ihe11 Provide ff Leader axrdM shalt give $otfowernoHeo of w 4*rd . ? i 15 wee wltiah a perked of not toss than 30 daiYs bon' rhea 8octix?y nodoc Is Ow bt W If" or?tavror wh to pw ft" sums Fdof to VIP uivd "Lt pay A go= w Lender taay yvatso say mmodies P?? by Wes SeearltY Wgru at withotR f new a4Fiitadloa of tbls ?od' MOM mein 000" anc? ?°"ar notice or domd q. po as .Hot?ea t to Sehutsts Ater Awduattos. Yf Borfowar t'e to the oallett o "r rho 1ior '? ' of" Soct>rity Ystsb?ent disocednued snob at ON plor shall hove rho tight to have aatb ?t M4 to ow Power of L,& Contained In d6 ) of s (a) five dgrs Was ado of ft P far a* Mmintdlou of Borrower's lion to taht which other penod +a Apocab)e Law might ape L lboso cooditiaos em tl?t B° ' (a) P? ?eadw 41 ?uaes M asftcfttbb Soot * U W e Imp and the Now as if so uWgndomi liadn ) oScaft la?tts43 MV 3 ouid be dw trader tuts $Mss a'h?tor+M?t tbOn (v) POP all expenses lwpci tq offoloug Voluados toes. sad cow fm deftattt of nay odiot oavanwta or '?WO XU s fear. ProPattY oq VA In ;? but act t'mtitad W. toaaoasbla attotttey d 1106 under ft qty Leader's b*rOft to IM Pt PO* Ca laCats Cd far the Faspo4e ofpowft to "V a that Lgoderb interest in tbo PtnFo V asd shy! (d) IW= such ecdos as IXados may M&WnO Y u tba sates wcwcd by this S40ft Issfttsnmd. . ttGder this Boos* l aaumont, and Borrower's obtisoon to roiasletaMt tunas ad ORMN" in 0m or Moro ck, hmlc abook MOWN cestisoe tom, Under m4Y ngaify ,tint Beriowar pq juch Of the following tvtm4? a' aeSoooed by LvMer (a verb; (b) i?Y artier, (aettitib coheas de4o? am iastned by 4 tedasd caetder'o dtock, jpovidcd W tub check is d EM 91 W ? Upon ?t by BovwM, ? army, ;atdstitY °r; or (d) full offaotiva as if no aaxlCuwa hod of Coded' SMxw wi mtas tmd obtiBetiosa moved b01'ey ? abdi Sao modal Seatioa 18. Howevsf. tots list f r Notes oWl Ck ' to Notts of (;*wssee? Tbo NOW ar a PSwtW intet48t in iho 6NP 9f Za 9ak a t Lag ow be id one of mots 8maa wifboat prlar nodoa to a"e+'? A solo Naar(to$Wwwish`rhea SeoU*ItBitt ) awcouccts POO& pours due updwthe wow "I.o4n Sarviam"1 i ab11 one wader Ow Nab Wes In the ou ti' (TWA sa Poe ? ros this is s o>ta* lttanaest MW pwams other matte loan sotvie ag Si nmeleted end t lum also M103 be am or mote ett? ofttte Loan Sarvloor SWWW >aia<umesy ad AFpiieabie Law. v van wtfM notice-Of the dwV to 4 sob of the NOW N there is a cttawge of the Lwes 3crvicar, s ' w1 sboald be made MW the add wbk.b ruin rito the wive and ukhm of do new Loan Setvlo4r. If ttto Ndh is sold sod my other Wow" RMA tq*a in co?ctiou w1W a nadCO of tfatufcr of eorviein8, Matt scriioing ihareattor tt gevicer arbor then to p> ' of the s w d. L. a sarviced by a Lva X An ere tba Losai Sarvscer of be traast?'ed 10 L.aan Sefvioar obl*Woos to BotMM WW mtnatn the Note Ptnoha'er. not valmed by the Note Fwcha=- w ilm oQtaNV,se pr°'rld°d by at be joined to QA4' jt ld adios( Neither Bofsoaar naf Leaflet may aommonce. vin, _ SON hdWitbm4l llK of ft tUg momber of a eu) ?becod ed y p ,w ? Acdoox plaws ov" try M&M aft WS issatvmaomt lzwVMw4 nr od read alleges that d b other patty bas aotl W tbroaub he Ww pow (wM looftr b soda 0M ae wtd is Of See" 15) of SWO QllWd q1d dkad ds 4sPftV po:;oad WW W tdl the glvmg of such nodes to take oartea4va ecttos. If A= to be icuou4iti?en 64m aim be talwo, that time pared will be PMPOIN reataaabb P W" must e> ? t>fefin WtOin 64m aim be talwo, *lt time "rM VAH mum to SoWw 22 gW (u notice d wetwadon and opportanity to cwn given to Bonowar PU s4ltsfY the oattcc end o 1110 nodam f" pamaOf is VM w flonower patso'nt to Saetios 18 shall be doeMed oakfoun ?dw 0090 pmvh ats of this swoon 20. ? ,. aft *AN swq?es 21, umrdm S?b4UmC0 As treed in 616 5aaron 2b (a) ? UN OW 60 tioliowin8 wbataaees doewd as tcoda of you aubstanoo', pelttttan% of waste' by Bn 4no°l ad hatMdda. volatile solve^ adtm. tdams44ble or lards Pa?OD°t t . toxk *& yaw" mum; t *nd tad 14601f" Mdcd (b) m cwW dni Qaboat°° d°' is totaled t9 telote to bcolk sa" or asvb w laws ad hm of 9 a PiuMMI C14104" MepMw sedan romodtdl action, or famoval U 60N bwbld" MY prwOsc CA (e) - ' ?sae ew wUPWOilMtrustxu+aie+• talmooftse w Tsaelldtl ? pmos,'?????''"Ft" BK i 989PG3976 defined in Btvtroamsmttd Law; attd (d) as wMvirommatml Condldw',mans a eoudilton tbst can cattle, eet?tttbatc to. or atberwise ftia" ad Bavtootntaaai CloasttM pmW, use, dlaposd, $110" A, ar takase of easy Haxardewe Bopwm abut not coo of pmt Sub s, ors a is tbo PtuPs - Bunt ow tW) me do, aw WOW Sabagman,W010ata°intel mcmWBw o+ (,)? ? io vialdian d +W v0*0 OdOIto, Lm (b) WbIlob RIYU0 else to d% uvftg wag w due m the prosanca, use, a release of a'Sao' ear 9"Woo. neater as lkvkoomeutd Coadltbn, or (c) two so"=s, abaft sot R* to ores ONE a omdilloa Beat adv?a only dkots the V" of the 1'ropei(i'• '? > g tba ps?o use, or dome oa the prop4m of VW& 8oamddes of Nana OV, Sabtts»oas that tae gasaottiY rcco®tiaad to be aPtgptbu to mm d resWantW vaas and to trt"w""a of the P"my ( ?+ not limited to, baratdm sabaomocs in oaasupw products). tawsait or ahan ?pdy govt Lender w iron notice of (a) aay investi1100% cosine, 4ms°d' BMMWW atol of mddm a$ or lid ' Mvolving the property and any Htzmdm Other atom by Uq Law of which Bomower Im aataat ;movtedge, (b) my g ntd Card ikIn, Sublo = or ismk aaaoNai arge, release or t" of m1cm of ew umwdm ' tacludingMotadIbsltedto, OW spi?& is brelease oe lwomdom$nbststaoe whm admuly Sam *0 and (c) any condition caused by the ptusenco, use ova value of dw pmaw. or ts8??wary ontaftY13 ?? pdvak if Hotmwar learns, or notified MY g ley, tbd a w toawd at other tomediatioa of OW H Iia:ar in doaa dSAbmm ance wH alnyho6 The PrapaK tsadrlag hwrcan BMW= SW pioebpliy trim all accsasar9 mwdial Sams acc?cdame a? o'snv¢aotscaid Low- BhO amdo, ail ob4ollon on LtD t fvt ea Bnvhrrm mina' Closn* NON UMORM COV'BN k= Saw w and Loader futdw coveneat and stela as f0aww ?.Z. Aadera"; Rtmediat, Deader 40 gWg mwee. to Borrower prior 10 190111002 foite " Bormwoes breath of say arromt or ap•etrttat in tide SeaarEty Iastrataaeat (bat amt prier to scarieraiian Wider sea" to wm Applkabk IAW proWdw otheMh*j Leader ale•B ad* Jla avnar 4 MON the actbtt nagtdrnd to arc the defaatr; (c) nrof<ara ll?s ddaaft ttanst ik crr'od; std (d) tw C W tow can tk (b) 02 raralt is ataderatiou ar am stirs sea nd by Ida Sooartty that tlsUoae is can tb default as s;padlied y and sale of Me rforM Leader than fadwor tnferm Jautrnst•a? fareelaatta?e j atw andwithm sad like right to v wart fat the feredestm: ptoonag the )doetrower of the rcpt to rdsm"t r Move of Sortanror to a ieratloa and t'eadoat V do datrrt Is net t wed ed 0 of a dtdaatt or aq Immedhtt wymeafit thU of all sots teo wd by this e ttrfa Socst'ky Isatrglt?°t by lwYdd Seasotaaft elrrtd a lubsspeeaostllpnt L wLeader itheitdert at its Ano f opgoa lacy doaaid toga and iae may faradae p it,M*r tm tre entitled to collect all apeases incarmd In pxrsolig the twee" prvin this Seedoa A lttdudiv b bat aot limited t% atteraein' has and costs of Olio evidna to Ike extent psrmitted by ev&* i and AQpikabk Lam all auras secltt ed by tW& ' iastrsment, Oil Upon shall dtachup6 and so* this 3& Aeloasa ? ?? votd. Aber each oocuateoa, Y.cndet ?w Wit, swom"pay spy tocordadon cost& Lender wgy char Bort+awar a 6os lot Nkwh 6oOkh Seaadtp 1:111stumsR4 but only if *a fee is paid to a third patty for services rw&wd aatd the ah ong of ft ii psmittedvwwAppSe"IAW. cable )um wahros and taloases say scree m 24 defee Wdvms• n9*4 two • to So uTn peradited by md busby warns ft benefit of &V prosaut or ? laws providing s is ? to a cution, , exnepeitAlWtYon of time, ?mPdon fran atteohaaant. levy ad sale, ad homestead laws tI' stew of ex4cot' exem[xi 2S. R,da hAmett Parted. Borrower's time to minstete provided in section 19 shad[ etched to am hoar prior to the commonommout of mitts at a dwirs sale or other seta puasaw to this Security Jast =m t to leaf to 26, rwmkate 11 mey MorWp if a of the debt oemw by twS ? Botrow?erto aogaite M to the p %VM this Security lnstrmr?t shall bo ap mbase able aft a judgtnam is 27, Ighnit Hats Auer j% t;mnL Bmawar agr m that the Waest rate from flint to fleas tmdas t is ontored on the Note or In an action of mmigage f°melosm° shall be the rat psysbto Note. aLat ry.y„Y,ateM.dt+rs'dact j12 ot `a1tt8lriUFttd?l'f ?? 111toU ?MIRIIN6 DiC.- ?? ?m3.7irCd+re,pa,4wYa 6K 1989PG3977 (SYpdo wson FakAftP+P J BY sjQKMG BMOW. Boa w" accepts owd ag(W to the kuw end eavcaeasts eaata?ned in Ns Sewrib lnstnm Cut sod is MW Rid4r ouc*d by Harrower end recd dod %Ml IL B C (P.baed 1?akl (9041) -Samna' (&al) .Mirlo a JP?bmdffmdl (Seal) •Basvwat [Proust No"] Cettilteate of It edew, tlsar the ae pf to wisin mom. esoiPX or pen= =Otlad to Est 1 BY, Title: /Admw*W"Od 00 00kw'S PsB4T e,Ufsw kF=*Fgw ttad e> hos "Of 14 8X 1989PG3978 gQW 001"wa emoamtsMw¦ft-l- 1 Stoic of PA § county of FO.?a.K.?- ¢ on this, tie OZ3;L* day of IACPl a L- .ppWjW H IUSHOVIC besara me , the u w offices, pemnaltf known to we (or mfig WoF4 proves) to be ft "Mo(a) Who" uaaaa(r) i6laie eut ag"d to the wiWn lastrpnest, and acknowledged that Lel"4hay ekac11d the eeme for tUepwposcsihcsoingarA ned• IA whom vhmd, Ibmuoto sat my had and offiich6 seat. S ? .(Seel) d1 tMr al0tIIca EJE-AONNNEM. IAL SEAL 10, NOTARY PUBIII; P.. F nmklio bounty kplrss Apdt 12, Ro08 iliac gg ! 989PG3979 .wumw-. • ?" 1tl11M?iIM rila? la?? aooo??r.o?w+?aK i i ALL that certain tact of real estate lying a anbeing d described in Dackineon Township, Cumberland County, Pe my vania+ ly BEGINNING at the corner of lands of Lot 14 and Tat 15; thence along Lot 14, South 82 degrees 26 minutes 46 seconds West 735.10 feet to a concrete Monument; thence 810118 the same. South 01 degree 3 8 minutes 56 secargds West 421.03 feel to a concrete monument at comer of lands of Lot 15 and lands auw or formerly of Lewis R. Fink and Thalma R Fink and Ralph L. Peft and Roseann F. Peffer, thence along said lands now or fvruaerly of Fink and Peffer South 86 degrees 09 minutes 49 seconds West 416,56 feet to an icon pin at corner of Lot 15 and lands now or formerly of Albert L. Verdokal, North 13 degrees 33 minutes 58 seconds West $91.98 feet to an existing loon pin at corner of lands of Lot 15 and lewd now or formerly of Richard L. Morrison; thence along said Morrison lands North 82 degrees 26 minutes 46 seconds East 1„276.68 feet to an existing meg nail at the corner of lands now or formerly of Richard L. Morrison and Stoat House Road T-545; thence along Stone House Road, T-545, South 08 degrees 32 minutes 29 seconds East 200.03 feet to a mag uall at the place of BEQINMNG, CONTAINING a total area of 10.16303 sores, more or less, as set forth on subdivision plan prepared for "South Fields", prepared by Dennis E. Black Engineering, Im. dated Soptemher 6, 2006 and recorded in Plan Book 93, Pago 90. BEING all of Lot 15. Tax Parcel Number: P/O 08-094523-003B Schedule "A" BK 1989PG3980 Home Loan Servicing 6900 Beartice Drive Kalamazoo, MI 49009 November 03, 2009 JOHN MUSHOVIC 160 STONEHOUSE RD CARLISLE, PA 17015 RE: Loan Number Legal Description of Property: 160 STONEHOUSE ROAD CARLISLE, PA 17015 ACT 91 NOTICE Sent Via Certified Mail 7113 8257 1473 7347 3513 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official n tice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin A enc . The name address and hone number of Consumer Credit counseling A encies servicing our count are listed at the end of this Notice. If ou have an uestions. ou ma call the Penns lvania Housin Finance A enc toll free at 1 800 342 2397 (Persons with impaired hearing can call 1-717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Ell -xU 1 t *bi 7113 8257 1473 7347 3513 s• HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and teleQhone numbers of designated consumer credit counseling agencies for the county in which the ro ert is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY FVITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION iVITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SEC77ON CALLED "TEMPOIL4RY STAY OF FORECLOSURE". YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE 91ILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A 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 flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 $540.00 Current Monthly Payment: 620.00 $1 Total Monthly Payments Due: , $81.00 Late Charges: 00 $0 Other Charges: Uncollected NSF Fees: . $0.00 Other Fees: Corporate Advance Balance: $11.00 Partial Payment Balance: -$] 10.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,602.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,602.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECL SED 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 aeriod you will not be required to gay attorney's fees. 7113 8257 1473 7347 350 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 mevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by pavi _n2 the total amount then past due lus an 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 mortaaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 7700 West Parmer Lane Austin, Texas 78729 Loan Resolution Department 1 (877) 908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE, YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-free at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA For certain loans that we service, we are required by Federal Law to inform borrowers that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication does not imply that this is an attempt to collect money from anyone whose debt has been discharged pursuant to the bankruptcy laws of the United States; In such instances, it is intended solely for informational purposes. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informar a prestatarios que procuramos colectar una deuda y que cualquier information obtenida sera utilizada Para ese proposito. Si usted tiene cualquier pregunta con respecto a esta Carta, por favor communiquese con nosotros al numero 877-908-4357. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING V 7113 8257 1473 7347 3513 PRESORT IndyMac Mortgage Services First-Class Mail a Division of One West Bank U.S. Postage and PO Box 9042 Fees Paid Temecula, CA 92589-9042 WSO 222699470S Send Payments To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo. MI 490034045 Send Correspondence To: IndyMac Mortgage Services {????{{n.{u{?{?{??{n?{{???{{? {{?{{unnl{??{{????{{?{{n a Division of One West Bank PO Box 4045 JOHN MUSHOVIC Kalamazoo, Ml 49003-4045 31 W BIG SPRING AVE APT 1 NEWVILLE, PA 17241 2009110472 XC718 L' MY, 1159-v23 Horne Loan Servicing 6900 Searlioe Drive Kalamazoo, MI 49009 November 03, 2009 JOHN MUSHOVIC 31 W BIG SPRING AVE APT 1 NEWVILLE, PA 17241 RE: Loan Numbe, Legal Description of Property: 160 STONEHOUSE ROAD CARLISLE, PA 17015 ACT 91 NOTICE ACTION TO SAVE YOUR iv" TA" HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the prozram. works To see if HEMAP can el you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WIT IN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with You when You meet with the Counseling A enc . The name address d hone number of Consumer Credit Counsel A encies servicin our count are listed at the end of this Notice. If you have an uestions you ma call the Penns lvania Housin Finance Agency toll free at 1-800-342-2397. Persons with im aired hearing can call 1-717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA• PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 2226994705 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOP,- EM ERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prop ert is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be fottivarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 A 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 flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAUL'T' (Bring it up to datel. NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of One West Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 Current Monthly Payment: $540.00 Total Monthly Payments Due: $1,620.00 Late Charges: $81.00 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$110.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,602.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,602.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure 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 nay attorney's fees. 2226994705 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 curethe default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then east due plus anv 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 Lggurrements under the mortgage. Curing your default to the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately b months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 7700 West Parmer Lane Austin, Texas 78729 Loan Resolution Department 1 (877) 908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a Lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toil-free at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENN SYVN IA For certain loans that we service, we are required by Federal Law to inform borrowers that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication does not imply that this is an attempt to collect money from anyone whose debt has been discharged pursuant to the bankruptcy laws of the United States; In such instances, it is intended solely for informational purposes. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informar a prestatarios que procuramos colectar una deuda y que cualquier informacion obtenida sera utilizada para. ese proposito. Si usted tiene cualquier pregunta con respecto a esta carta, por favor communiquese con nosotros al numero 877-908-4357. Sincerely, IndyMac Mortgage Services, a Division of OneWest Hank Loan Resolution Please I ) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING Ele-i 2226994705 OncWest Bank, FSB v. John N. Mushovic VERIFICATION The undersigned is Vice President of OneWest Bank, FSB and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I LNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OneWest Bank, FSB Name: Dennis Kirkpatrick Title: Vice President Company: 0KNZv6ESj BWN 10-037039 11 E 11 11-19-2010 17:37 FROM-IRWIN & Mc KNIGHT LAW OFFICES +7172496354 T-436 P 003/011 F-726 ONE WEST SANK, FS$, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V.' NO. 2010 - 5539 CIVIL TERM MEGIIA2 M. GIRRIOR, Known Heir of : CIVIL ACTION- LAW John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Pe rsons, Firms, or Associations Claiming ]Right, Tide or Interest from or under Job a N. Mushovic, deceased ; Defendants. ra '? CM n-n NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter witk:in twenty (20) days from service hereof or a judgment may be entered against you. IR.WIN & MCKNIGHT, P.C. 6 11,44WI4 AA 21, Do las Miller, Esquire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: November 19, 2010 11-19-2010 1'7:37 FROM-IRWIN & McKNIGHT LAW OFFICES ONE WE '.;T BANK, FSB, Plaintiff, v. +7172496354 T-436 P 004/011 F-726 : IN THE COMSAT OF COMMON PLEAS OF : CUM 3ERLAND COUNTY, PENNSYLVANIA NO. 2010 -- 5539 CIVIL TERM MEGRA14 M. GIRROIR, Known Heir of John N. Mushovie, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Might, Tide or Interest from or under John N. Mushovic, deceased Defendants. CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MA`rTER TO PLAINTIFF'S COMPLAINT AND NOW this 19`h day of November, 2010, come the Defendants by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this Answer with New Matter to the Plaintiff s Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) and all of its subparagraphs contained in the Plaintiffs Complaint so they are all therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants were neither a party to the Mortgage or formally notified of the purported assignment of the Mortgage interests. 2. The averments contained in paragraph two (2) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied an.;,1, strict proof thereof is demanded at trial. By way of fiurther answer, it is believed and therefore :asserted that the Plaintiff should know the exact source and identity of its own legal interests. 11-12-2010 t7:37 FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-436 P 005/011 F-726 3. The averments of fact contained in paragraph three (3) are denied as stated. It is admitted ithat the real property is generally known as 160 Stonehouse Road, Carlisle, but the remaining averments in paragraph three (3), including any inference that a complete copy of the subject Mortgage is attached to the Complaint, are specifically denied and strict proof thereof demanded at trial. 4. The averments contained in paragraph four (4) are conclusions of law to which no response i required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the mailing addresses i.dentified in paragraph four (4) are the mortgaged property address which is vacant land and contains no residence, and the former apartment of the deceased mortgagor. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is:; required. To the extent that a response is required, the averments are specifically denied an,-.1. strict proof thereof is demanded at trial. By way of further answer, Defendants are not "Mortgagor, Real Owner, or both." To the contrary, Defendants did not sign any document with regard to the subject real estate and did not sign the Mortgage. Furthermore, while upon information and belief John N. Mushovic did pass away on February 18, 2010, title did not vest in Meghan M. Girroir as asserted by Plaintiff. 6. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph six (6) so they are therefore specifically denied and strict proof thereof is demanded at trial. 7. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) so they are t] terefore specifically denied and strict proof thereof is demanded at trial. By way of further an<.Iwer, Plaintiff has identified two (2) different interest rates without supplying any supporting; documentation that the underlying loan is subject to adjustable interest rates, and the additional costs itemized by Plaintiff are similarly unsupported by attached documentation. 2 11-19-2010 i7:37 FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-436 P.006/011 F-726 8. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further amewer, Defendants are not aware of the interest rate set forth in any Note because they were not a party to or signatory of any such document, and they do not have direct knowledge as to what other expenses, costs, or charges may be collectible under such a document. Furthermore, the Note referenced by Plaintiff in paragraph eight (8) is not attached as an exhibit even though it is a written document identified in that paragraph. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the instant action is actually the second docketed action and at least the third differeat attempt to proceed with foreclosure: on the subject real estate, which delays and/or additional costs are the result of the Plaintiff and not the Defendants. 10. The averments of fact contained in paragraph ten (10) are specifically denied and strict proof` thereof is demanded at trial. By way of further answer, the notices attached as Exhibit "B"' to the Plaintiff's Complaint are addressed only to the deceased mortgagee, not the Defendants, and were addressed only to the mortgaged property which is vacant land and contains nci residence, and the former apartment of the deceased mortgagor. Furthermore, the attached notices are dated more than one (1) year ago and were not sent to the Defendants. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no :response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 3 11-19-2010 t7:38 FROM-IRWIN & Mc KNIGHT LAW OFFICES +7172496354 T-436 P.007/011 F-726 WIREREFORE, Defendants respectfiilly request that this Honorable Court enter a judgment i.n their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 12. The averments of fact contained in the Answers to the Complaint are hereby ineorporav:d by reference and are made part of this New Matter to the Complaint of the Plaintiff. 13. Plaintiff originally filed a mortgage foreclosure action at Cumberland County Docket No. 2010 - 0843 on or about February 2, 2010, against the mortgagor who subsequently died. 14. In that prior action, Plaintiff then sought and received permissiou to substitute "Meghan 'P& Girroir, Co-Executor of the Estate of John N. Mushovic, deceased" as the party defendant, ,end an Amended Complaint was subsequently filed. 15. However, to the best of the Defendants' knowledge, information, and belief, no estate has aver been opened for John N. Mushovic, and no letters issued appointing any executor or administrator of his estate. 16. Plaintiffs legal counsel subsequently filed a Praeeipe to Settle, Discontinue, and End the p;,:ior action on or about July 20, 2010. 17. At no time has Plaintiff prepared or attempted to serve any Notice to the Defendant, under the Homeowners' Emergency Mortgage Assistance Act of 1983, or any other notice nec,-ssary under other local, state, or federal statute or regulation. 18. Plaintiff did not attach a copy of the Note identified in the instant proceedings, nor upon information and belief are any of the named or identified Defendants signatories of any such doctu-rent. 4 11-1s-2010 17:38 FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-436 P.008/011 F-726 19. The mortgaged property address is vacant land and does not contain a residence, and none of the Defendants reside at or receive any mail at the mortgaged property. 20. Defendants have never received any notice or correspondence transferring or purporting co transfer the mortgage obligations to the instant Plaintiff. 21. Defendants have never received any notice or correspondence transferring any interest in the associated mortgage note to the instant Plaintiff. 22. After reasonable investigation, Defendants are unaware of the nature or identity of Plaintiff of its alleged interest in their mortgage or mortgage note. 23. As a result of the failure to be served with proper notices, Defendants did not contact a consumer credit counseling agency or otherwise seek either counsel or assistance in order to pr, Aect their purported interests in the subject property. 24. As a result of the above, all or some of Plaintiffs claimed damages are attributable to persons xid/or causes other than Defendants. 25. If Plaintiff establishes that it suffered injuries and damages as alleged in its Complaint, said injuries and damages were caused solely by the actions of the deceased mortgagor and/or other individuals not identified as Defendants herein, as more fully outlined above. 26. Plaintiff asserts unsubstantiated costs of suit, title report, late charges, legal fees, and interest: charges unknown to the Defendants. 27. Plaintiffs claims may also be barred and/or limited by Plaintiff's failure to mitigate oz to properly mitigate its damages. 28. Defendants believe and therefore aver that they are not properly identified as parties to t}-Lis action, have not been given the proper legal notices required by law, and were not parties to th:e underlying Mortgage and Note referenced by Plaintiff. 29. Plaintiff's Complaint therefore fails to state claims or causes of action upon which relief can be granted. 5 11-1S-2010 17:38 FROM-IRWIN & Mc KNIGHT LAW OFFICES +7172496354 T-436 P.009/011 F-726 WREREFORE, Defendants respectfully requests this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By. 7aA4A, AA?L Douglas G. er, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Sureet Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: Noe,ember 19, 2010 Attomey for Defendants 6 11-Ii-2010 17;39 FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-436 P 010/011 F-725 VER UC.ATION Thy:: foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand) that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworu falsification to authorities. MECIAN IRROIR Date: NcIyember 19, 2010 11-19-2010 17:39 FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-436 P.011/011 F-726 CERTIFICATE OF SERVICE I, I;iouglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both via facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Attorney for Plaintiff) Date: Novi,mber 19, 2010 IRWIN & McKNIGHT, P.C. L Douglas G. Omer, Esquire Supreme Court ID No. 8'3776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants "F11 SHAPIRO & DeNARDO, I.A.C BY: DANIELLE BOYL1--EBI-IRSO[_,[:. FSQUMI ATI'ORINEY 1. D. NO: PA Bar It 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Flank, FS13 I'LAINTIFF Vs. Mcghan M. Girrior, Known I leir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or under John N. Mushovic, deceased DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 .r'? Crl 7 1rD PLAINTIFF'S REPLY TO DEFENDANTS, MEGHAN M. GIRRIOR, KNOWN HEIR OF JOHN N. MUSHOVIC DECEASED AND UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OI2 ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER JOHN N. MUSHOVIC DECEASED'S NEW MATTER Plaintiff, OneWcst Bank, FS13, by and throu-01 its attorneys, Shapiro & DeNardo, I.I.C, and hereby replies to Defendants, Mcghan M. Girrior, Known heir of John N. Mushovic. deceased and Unknown, IIeir:s, Successors. Assigns. and All Persons, Firms, or Associations Claiming Ri??ht, Title or interest tioru or under .101111 N. %11ushovic, deceased's New Matter in accordance with the numbered pauagraphs as li?llows: 12. No response is required. 13. Admitted. 14. Admitted. 15. Admitted in part and denied in part. After filing the Complaint, Plaintiff was advised by the Office of the Cumberland County Prothonotary that John N. Mushovic died on February 18, 2010 and that all further correspondence on the matter should be directed to Meghan M. Girroir, as Co-executor of the Estate of John N. Mushovic, deceased. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Information provided by the Prothonotary's Office. 16. Admitted. 17. Admitted in part and denied in part. Pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., Notice need only be sent to the individual Mortgagor(s) at their mailing address and/or the mortgaged property, and as none of the Defendants are mortgagors, no notice was required to be sent to them. The remaining allegations of paragraph 17 are denied as conclusions of law to which no response is required. 18. Admitted in part and denied in part. It is admitted that a copy of the Note was not attached to the Complaint. It is denied that a copy of the Note is required, as in Mortgage Foreclosure actions, lenders need only sue against the Mortgage. However, and by further reply, a true and correct copy of the Note is attached hereto and marked as Exhibit "B." It is admitted Defendants are not signatories on the Note. 19. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 19, and accordingly denies the same with strict proof thereof demanded at trial. 20. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 20, and accordingly denies the same with strict proof thereof demanded at trial. By further reply, the mortgage was taken out with Mortgage Electronic Registration Svsterns, Inc.. as nominee for IndyMac Bank, FSB on April 23, 2007. The mortgage was subsequently assigned from Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB to OneWest Bank. FSB. The Assignment of Mortgage is a matter of public record, and a true and correct cop}, of the recorded Assignment is attached hereto and marked as Exhibit "C." 21. Plaintilf is without insufficient information to admit or deny the allegations of paragraph 21. and accordingly denies the same with strict proof thereof demanded at trial. By further reply, the mortgage note was assigned from Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB to OneWest Bank. FSB. The Assignment is a matter of public record, and a true and correct copy of the recorded Assignment is attached hereto and marked as Exhibit "C." 22. Plaintiff is without insufficient information to admit or deny the allegations of paragraph 22, and accordingly denies the same with strict proof thereof demanded at trial. By further reply. IlaintiIT is the current holder of the mortgage as per tile abovc-described Assignment. 21 Plaintiff is without insufficient information to achnit or deny the allegations of paragraph 23. and accordingly denies the same with strict proof thereof demanded at trial. 24. Admitted in part, denied in part. It is admitted the mortgagor defaulted on the nlortgagc, and not the Defendants, however, the mortga?u)or died and his interests in the property transferred to his heirs upon 111s death. 2a. Admitted in hart and denied in part. It is <?dmittcd the mortgagor defaulted on the mortgage, and not the Defendants, however. the mortgagor died and his interests in the property transferred to his heirs upon 11is death. 26. Denied. Plaintiff is entitled to collect all costs, fees and other charges as listed in the Complaint as per the mortgage and note. By further reply, see the invoices attached hereto and marked as Exhibit "D." 27. The allegations of paragraph 27 constitute conclusions of law to which no response is required pursuant to the rules of civil procedure. To the extent a response is deemed necessary, the allegations are denied. 28. Admitted in part and denied in part. Defendants, as heirs to the mortgagor, are properly named as Defendants in this action; pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et Eq., Notice need only be sent to the Mortgagor(s) an none of the Defendants are mortgagors, and are therefore not entitled to receive any Notice. 29. The allegations of paragraph 29 constitute conclusions of law to which no response is required pursuant to the rules of civil procedure. To the extent a response is deemed necessary, the allegations are denied. WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed. SHAPIRO & DENARDO, LLC BY: ?. Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff 10- 0"040*,?)q Office of the Prothonotary Cumberland County David D. Buell Prothonotary Date 3/30/10 TO: Attorney DeNardo, We are returning the enclosed transaction(s) for the following reason(s) : • Incorrect fee received $ should be $ • Need signature • Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is not a substitute for service of process. Other reasons : We received this on Tuesday, March 30, 2010. Thought you might need this for your records. On 3/23/10 you sent us a Judgment and Writ which was processed. Thank you. Note: All transactions- directed to this office must include a SELF ADDRESSED ENVELOPE WITH POSTAGE if a return receipt or certificate is desired. PAYMENT or FEE at time of filing will be required in every instance. David D. Buell, Prothonotary Deputy Prothonotary One Courthouse Square, Suite 100, Carlisle, PA 17013 717-240-6195 - www.cepa.net 6a & A'. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square c Carlisle, PA 17013 Daoid tom.. 3ueli Prothonotary TO: John N. 7 1 est Big Spring Avenue <PAP COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Apt 1 Newville, PA 17241 OneWest Bank, FSB PLAINTIFF ' VS. John N. Mushovic DEFENDANT ; NO: 10-843 NOTICE N O ? c3 ?'; C c iv Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the abo roceeding as indicated below. Prohot/otary 3/ash o [XX] Judgment by Default [ ] Judgment for Possession ( ) Judgment on Award of Arbitration [ Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CORE R (ING T 8IS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, Q AT 1-6800. TO: I? au? RE: jOK-o h VW' Account #: I0 "?(4 John N. Mushovic died February 18, 2010. Further correspondence on this matter should be with Co-executor of his estate, Meghan M. Girroir, 8OZ7 Gnatstown Road, Hanover, PA 17331. 717-637-2323 (H) or 717- 965-6644 (C). Loan I ADJUSTABLE RATE NOTE (LIBOR . Rate Caps) (ARAI Balloon Lot Loan) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. THIS LOAN IS PAYA ILE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THIS LOAN AT THAT TIME. YOU WILL. THEREFORE. BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN. OR YOU WILL HAVE TO FIND A LENDER. WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH. WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE TH13 LOAN AT MATURITY. YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. April 23, 2007 (Dual SHIPPENSBURG Pennsylvania (cny) (31111C. OJ?wl?l??160 SI'C?FtCUISE ROAD, CARLISLE, PA 17015 1, [Prop" Maaq 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. S 96, 000.00 (this amoum is calla) -Principal-), phis interest, to the order of the Lender. The Lender is INfIYOW DIM, P. S.D. , A FEDOWL7 QIARTERED SAVINGS DANK I Understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note holder." 1. INTEREST Interest will be charged nn unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.375 %. The interest rate I will pay may change in accotdance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay buth before and after any default described in Section 7(R) of ibis Note. 3. PAYMENTS (A) Time and Plate of Paymentss 1 will pay principal and interest by making payments every month. 1 will nuke my monthly payments on the first day of ach month beginning on June 1, 2001 I will snake my moruhly payments every month until l have paid all of the principal imd interest and any other charges described below Out 1 may owe under this Note. My monthly paymcnu will be applied to intctast before Principal. If, on Hay 1, 2012 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is celled the *Maturity Date.' I will make my monthly payments at nill)V W BANK, F.S.B., P.O. BOX 78826, PKENIX, AZ 85062-8826 oral a differem place if required by the Notc Holder. (B) Amount of Monthly Payments My initial monthly payment will be in the amount of U.S. $ 750.00 This amount may clungc. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. nnarsaae raw MULTISTATE ANA BALLOON LOT LOAN • LIBOR P." t o4 NCL B IB 8480454 c6ak vsv "".c, 3?, k. (8034) t In i Oaroa '•g•, Gt6ibii a. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cbsoge Dates 2007 , end on that day every 6t2? month(s) The interest rate 1 will pay may change on the first day ofNpV Tbt:Cr thctcsfte. Each date on which my interest rate could change is called a 'Change Date.' (B) The lodes Beginning with the fist Change Date, my interest rare will be baud on an Index. The 'Index' is the average Interbank offemd rates for six-month U.S. dollar-danominateddeposits in the London market ("LIBOR'), as published in The W ast Journal. The most recent Index figure available as of the rust business day of the month immediately preceding the month in which the Change Dale occurs is called the *Conent latex.' If the Index is no longs available, the Note Holder will choose a new index that is based upon comparable information 'Mc Note Holder will give me notice of this choice. (C) Cakuladen of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding three and 750/1000ths pace tags point(s) ( 3.750 %) to the Current Index. The Note Holder will then round the result of Ibis addition to the ocarest one-eighth of one percentage point (0.12504)• Subject to the limits stated in Section 4(D) below, this rounded amount will be my now interest me until the next Change Date. The Note Holder will then detertnina the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in Po11 on the due 30 years from the date of the Note (the 'Amortization Period') at my sew interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. I acknowledge that this amount will not be sufficient to repay my loan in ful I on the Maturity Date and that 1 may owe a significant amount to Leader on the Maturity Date. (D) Limits on Interest Rate Changes The interest me 1 am required to pay at the fast Change Date will trot be greater than 10.375 5t. or less than 8.375 'h. ThercaRe, my adjustable interest rate will never be increased or decreased on any single Change Date by more than one and ND/1000ths percentage point(s) ( 1.000 1 from the rate of interest I have bees paying for the preceding 6 month(s). My interest rate will never be greater than 15.375 %. which is called the "Maximum Rate.' (E) Eff«dve Date of Changes My sew interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) NoN" or Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and tolepbone number of s person wbo will answer any question l may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment.' When l stake a Prepayment, I will tell the Note Holder in writing that I am doing so. I may make a Nil Pmpaymct a partial Prepayments without paying any Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. If 1 make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to thou changes. My partial Prcpaysunt stay reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However. any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES Ifs taw, which applies to this loan and which sets maximum loan charges, is finally interpreted to that the interest or other loan charges eollaetedor to be collected in connection with this loan exceed the permitted limits, then: (a) say such loan CM%e shall be reduced by the amount necessary to reduce dte darga to the permitted limit: and (b) any sums already collated from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. 1f a refund redoes Principal, the reduction will be treated as a partial Prepayment act. ate Iran Hot ,? r a 08106 6480454 axons 1. BORROWER'S TAILVRE TO PAY AS REQUIRED (A) Late Charges for Overdue Paymeab the end of 15 calendar days after if t?te Note holder has not received the full aonotml of any monthly payment by the date it is due, l will pay a late charge to the Note Bolder. The amount of the ehnge will be 5.000 % of my overdue payment of principal and interest. I wilt pay this late charge promptly but only once on each We payment. (B) Default if i do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the Overdue amount by a certain date. The Note Holder may require me to pay immediately the full amount of Principal that has not been paid will all the interest that I owe on that amount, That dote trust be at least 30 days alter the date on which the notice is delivered or mailed to trsc. (D) No Waiver By Note Helder Even if, at a time when 1 am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default as a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the sight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, Those expenses include, for example, reasonable attorneys' fees. & GIVING OF NOTICES Unless applicable low requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or as a different oddres if I give the Note Holder a notice of my different address. Any notice that mum be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address staled in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If move than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full anount owed. Any pcmao who is a guarantor, aura y or endorser of this Now is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guattuttor, surety or endorser or this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enfeace its rights under this Note against each person individually or against all of us together. This means that my one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS i and any other persmt who her obligations under this Note waive the rights of Presentment and Notice of Dishonor. °Preeemuneat" means the right to uquiure the Now Holder to demand payment of amounts due. 'Notice of Dishonm' means the right to roquire the Note Holder to give notice to other pcrsoaa that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is based upon a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mongagc, Deed of Truss or Security Dced (the "Security lnstrntncrd-), dated the stunt skte as this Note, protects the Note Holder from possible loses that might result if I do not keep the promises that I make in this Note. That Security lummcni describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of thou conditions arc described as follows: Transfer of the Property or a Beswficial Interest in Borrower. If all or any part of the Property or any iotetest in doe Property is sold or vramfcncd (or if Borrower is not a natural person and amtimficiaal interest n Borrower is sold or transferred) without l cadet's prior written consent, tender may require payment full of all sums secured by this Security Instrument 1lowavet, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Low. xxinri No. Nix Ota dons aa80464 osm If IA da 0amises 1110 option, Latch d W' give Borrows notice of acceleration. The notice Shall provide a period of not Less dren 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all awns Secured by this Security Insrurent. If Borrower fails to pay these turns prior to the expiration of this pori4 Leader may invoke any rmedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. p1 4 \ tt t\1.e/ (Seal) (Seal) 90nower •"arro ff N 14fSE17VIC (Seal) .Bonowte _ (Seal) •BgmO (Seal) _Bwrom I PAY TOTHE ORDER OF • WITHOUT RECOURSE INDYMAC BANK, F.S.B. VINCENT DOMPROWSKI VICE l"IMSIDEN r (Seel) .norlaw" (Seal) .than. tr (Seal) .Barrow [Sign Original Only] NCl 910 Lean Not 09199 vy. r a r 64,80,454 MM ADDENDUM TO ADJUSTABLE RATE NOTE INTEREST ONLY FIXED PERIOD (LIBOR-Rate Caps) (ARM Balloon Lot Loan) Loan F: THIS ADDENDUM Is made this 23rd day of April, 2007 and is incorporated Into and intended to form a part of an Adjustable Rote Note doted the same date as this Addendum. 1. Section 31A). Time and Place of Payments. Is modified as follows: I wig make a payment every month. This payment will be for Interest only, in the initial amount of 5 750.00 I will make my monthly payments on the lust day of each month beginning on Jim 1, 2007 I will make these payments every month until 1 have paid all of the principal and Interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on flay 1, 2012 . I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.' 1 will make my monthly payments at IIfD)W BW, F.S.B., P.O. BOX 78826, PHOENIX, AZ 85062-OM or of a different place if required by the Note Holder. 2. All other provisions of the Adjustablo Rate Note ere unchanged by this Addendum and remain in fun force and effect. Dated: _ LS Av^tilL VaIN N MUSHONTIC •Berrowr, ISaail .Borrower (Seal) -Borrower _l5eall •ear,ower IndyMea era aaelaul. Adlowduro N ARM Note - Mreroel Only • e MWO User 6.80717 rotor, wr4o„pr S.N,a?r. Me.,rae1111 121, (Seed -Borrower 15001) .eorrower (Seal) Borrower _ ISeal I .Bartow., IICt 1001 07105 Prepared By: Return to: Parcel I Dlt: Shapiro & DeNardo, Li.C Shapiro & DeNardo, LI.C 3600 Horizon Drive, Suite ISO King of Prussia, PA 19406 (610)278-6800 08-09-0523-117 ?i?IVl???lnlll OOOLJY THE ABOVE SPACE FOR RECOROINC, USE ONLY 10-037039 XXXXXX 1863 ASSIGNMENT OF MORTGAGE Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB (Assignor), for and in consideration of tite sum of Ten Dollars ($I0.00) and other good and ,aluable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to OneWest Batik, 1,SB (Assignee), a corporation with an office locateti at 888 E. Walnut Street, Pasadena, California 91 101 and authorized to do business at that address, all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: ORIGINAL MOXFOAGOR(S). ORIGFNAL'NIORTGAGEE: FSB DATE EXECUTED: DATE RFCORDED: Recorded in Cumberland Count, John N. Mushovic Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank April 23, 2007 AMOUNT SECURED: $96,000.00 April 25, 2007 Book 1989, Page 3966 r, Commonwealth of Pennsylvania ("Miongage" )- LEGAL DESCRIPTION Legal Description more sully described in Exhibit "A" attached hereto and made a pre: hereof. Pr e A dress: 160 Stonehouse Road assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015 Together with the note or obligation described in the Morgage endorsed to the Assignee, ("Note") and all moneys due and to become due out the dote and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgagc forever, subject however, to the right and equity of redemption, if auy, of the mnkcr(s) of the Mortgage, their heirs and assigns forever, FI FECTIVE' DATE: llzo io Assignor, by its appropriate co rate officers, has executed and sealed with its corporate seal Otis Assigrunent of Mortgage on this day ofJ 2010. 6% co Eii;ibtt "'1 (Affix Corporate Sea]) ATTEST: Name: t?.ir•?-tG(,c?!/ ems Title: Assistant Vice President STATE OF I e-; <.,; i c- ) Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB N Brian Burnett Title: Assistant Vice President COUNTY OF 7Yivic ) BE IT REMEMBERED, that on this d 8 day of 2010, before me, the subscriber, a Notary Public personally appeared Brian Busaatt an_dlt?p,,aOi 2 officers of Assignor, Mortgage Eloctronic'Rogistration Systems, Inc., as nominee for IndyMac Bank, FSB, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. ALEX WaRIt)E • •• Notary Public. ststeotnses My Commisslon &pims MOVem0e1 10, 2010 1 hereby certify that the correct address of the ASSIGNEE is: 888 F,t Walnut Street Pasadena, California 911QJ..- Our File No: 10-037039 Client No: X)CXXXX1863 Notary ?? Nublic My commission expires: Please RECORD/ RETURN to: First Financial Abstract Company of Pennsylvania, Inc. 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Tel: 610-278-6800 Fax: 610-278-9980 ALL dW certain !tact of heal esbue lying and being situak in Dkklnson Tow aft, Gtitmbadand County, Peorwylvaula, bounded and dowAibed as follows: BfiCffi ING at the comer of tends of Lot 14 and Lot IS., thence along Lot 14, South 82 degrees 26 minum 46 moonds West 735.10 foettQ a coucrcto monument; fume along the awn% Soutb 01 degxeo 38 minutes 56 socouds West 421.03 foci to a cnm to momment at comer of lands ofLot 15 and lands oow or formerly ofLowis IL Fisk and Thelma R. Pink and Ralph L Peffor and Ron= F. Peffor; $=a elong said leads taw or faamoriy of Fink and Paffw South 86 depeca 08 minutes 49 amends Waat 416.56 tbot to ap iron pin at coma: of Lot 15 and lands now or fomwdy of Allmct L. V** W, Nortb 13 dagmos 33 admax 58 seconds West 591.98 foot to an edl itkg kmpin at comer of -•landa of Lot 15 and lead now os fonm* ofRiohmd L. Moulsou; thence alongsaid Moniaon !node North 82 dogma 26 minutes 46 seconds East 1,276.68 0* to an existing mag Rail at the comer of lands now or foaaody oe Richard L Mordsoa and Stone Rom Road T-545,, thence along Strata House Road. T,545, South 08 dept m 32 minutes 29 woonds Bast 200.03 beat to a rag nalt at tho place of BEGINNING. COONTAlP O a total area of 10.16303 data, tamp or less, as sat forth on m dW!don plea pteptavd for "Sou* PWdC. prepercd by Dennis X Black Engineering. Inc. dated September 6, 2006 and mm ded in Won Hook 93, Page 90. BEING all of Lot 1 S. Schedule "A" UK 1989PG3980 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201003538 Recorded On 2/912010 At 2:08:21 PNI -Total Pages - 4 * Instrument Type - ASSIGNMENT OC MORTGAGE Invoice Number - 60687 User II) - AF * Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Mortgagee - ONEWEST BANK FSB * Customer - SHAPll20 * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 FEE $3 00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHIVES TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA CIL! o o RF,CORDER O ' U EUS trio + - Information denoted by un asterisk may change during the verification process and may not be reflected on this page. ?uiuiuuiLJY muu?? LOGS The report was printed on 12/03/2010 ' Bill To Case File I Client ID mortgagor OnsWeat Sank, FSS 10-037039 INC John N. 14ushovic .• 888 E.. Walnut Street Pasadena, CA, 91101 Client Loan 4 Loan Type Investor i,.. ' Convention Property Addreaa 160 Stonehouse Road Remit To assessed as Lot 15 Stonehouse Road SHAPIRO 6 DENARDO Carlisle, PA, 17015 4249 Paysphere Circle, serviaes Rendored By Chicago, IL 60674 PA - Shapiro 6 DeNardo, LLC 3600 Horizon Drive Suite 150 King of Prussia, PA, 19406 Client Reference Vendor ID Payment ID Vendor TIN Vendor Phone Prepared By N/A N/A N/A (610)278-6800 Kathryn Reitnour << SUr OM INVOICE >> Code Client Posted to Description Itemization Amount Code Accounting COST ITEMIZATION 0091 08/19/2010 COURT COST / OBTAIN DOf DOHS (1) 15.00 0120 09124/2010 FILING FEE / CIVIL 10.00 0124 02/01/2010 FILING FEE/COMPLAINT AND SUMMONS 184.00 0126 03/01/2010 FILING FEE/FORECLOSURE 92.00 0178 09/24/2010 PUBLICATION 487.32 0188 02/02/2010 RECORDING - ASSIGNMENT 50.50 0213 03/01/2010 SALE DEPOSIT 3000.00 0229 07/14/2010 SHERIFF COSTS 250.00 0227 02/01/2010 SHERIFF PROCESS 550.00 0231 01/14/2010 SKIP TRACE/SEARCH 180.00 0259 01/27/2010 TITLE SEARCH / EXAMINATION 370.00 TOTAL OF ALL COSTS 5188.82 FEE ITEMIZATION 0008 09/15/2010 ADDITIONAL FEE (2) _ 300.00 0019 01/27/2010 ATTORNEY FEE - ACCOMMODATION (3) 160.00 0031 02/01/2010 ATTORNEY FEE - FORECLOSURE 910.00 0036 11/22/2010 ATTORNEY FEE/CIVIL LIT-SEE ATT (4) 60.00 0171 11/04/2010 PREPARATION-ASSIGNMENT OF LIEN (5) 35.00 TOTAL OF ALL FEES 1465.00 TOTAL OF ALL COSTS, FEES 6653.62 0391 05/26/2010 REFUND (6) 1415.65 03/02/2010 CLIENT PAymua RECEIVED - CHECK 1: 74287 -7.96 05/17/2010 CLIENT PAYMENT RECEIVED CHECK 1: 0000653841 -2240.54 05/11/2010 CLIENT PAYIO:NT RECEIVED - CHECK 1: 0000653739 -1035.00 05/26/2010 CLIENT PAYMENT RECEIVED - CHECK 1: 75940 -1415.85 08/20/2010 CLIENT PAYMENT RECEIVED - CHECK 1: 51102 -112.00 See next page Page 01 LOGS The report was princea vn jai ?..?.. • r &V)ibit I 4A File 8 10-037039 Loan Y N/A << SUMMARY INVOICE >> Prepared By Kathryn Reitnour. Coda Client Code Posted to Accounting Description Itemisation Amount 08/20/2030 CLIENT PAXMW RECEIVED - CHECK 1: 77436 10/06/2010 CLIENT PAYMZKT RECEIVED - CHECK 0: 78234 -58.80 10/06/2010 CLIENT VAYI W RECEIVED - CHECK 0: 78362 -60.60 11/08/2010 CLIENT PAYIQM RECEIVED - CHECK 6: 53827 -62.00 11/08/2010 CLIENT FAYICM RECEIVED - CHECK 1: 78951 -63.00 Page 02 Amount Due 2950.92 LOGS The report was printed on 12/03/2010 Estim. Fees y Y Loan 8 Estim. Fees prepared By Caeo Filo 10-037039 N/A Kathryn Reitnour OneWest Bank, FSB v. John N. Mushovic VERIFICATION The undersigned is Assistant SecxetvY of OneWest Bank, FSB and as such is familiar with the business records maintained by OneWest Bank for the purpose of servicing mortgage loans. These records (which include date compilations, electronically imaged documents, and other) are made at or near the time by, or from other information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by OneWest Bank. I am authorized to make this verification on behalf of Plaintiff and hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. OneWest Bank, FSB Name: Matthew A. enberg Title: Assistant Secretary Company: 10-037039 SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE ISO KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB PLAINTIFF VS. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and ; All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5539 CERTIFICATE OF SERVICE I, Danielle Boyle-Ebersole, Esquire, counsel for Plaintiff, hereby certify that on 2 tJ 10 , a true and correct copy of the attached Plaintiffs Reply to Defendant, Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased's New Matter was served by mailing same by regular mail, postage pre-paid, to: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 SHAPIRO & DENARDO, LLC BY:-- Cp '?1---- Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff 10-037039 «G„ SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB ; PLAINTIFF VS. ; Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF TEXAS: COUNTY OF TRAVIS: Vanessa Williams according to law, deposes and says that: I am employed in the capacity of being duly sworn Assistant Secretary OneWest Bank, FSB ("OneWest") Plaintiff in the within matter. at 2. In the regular performance of my job functions, I am familiar with business records maintained by OneWest for the purpose of servicing mortgage loans, and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in OneWest's record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information transmitted by, persons with knowledge, and are kept in the course of business activity conducted regularly by OneWest. It is the regular practice of OneWest's mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. 3. On April 23, 2007, John N. Mushovic ("Mortgagor") entered into a Mortgage in favor of Mortgage Electronic Registration Systems, Inc. as nominee for IndyMac Bank, F.S.B., which is recorded at Book 1989, Page 3966 on April 25, 2007. The mortgage secured a debt evidenced by a Note dated April 23, 2007 and executed by John N. Mushovic. 4. On January 28, 2010, an Assignment of Mortgage was executed in favor of OneWest Bank, FSB, which is recorded at Instrument Number 201003538 on February 9, 2010. 5. The mortgaged property is located at 160 Stonehouse Road assessed as Lot 15 Stonehouse Road, Carlisle, PA 17015. 6. All proper payments made on the loan have been credited to the Mortgagor's account. 7. Mortgagor's mortgage payments due September 1, 2009 and each month thereafter are due and unpaid. 8. The total amount due the Plaintiff on said Note to November 16, 2011 is $113,862.88 which breaks down as follows: Principal Interest Accrued interest at a variable rate Pre-acceleration Late Charges Escrow Advances Tax Disbursements Property Inspection BPO/Appraisal Fees Other Foreclosure Fees/Costs Suspense Credits to Recoverable Balance Total Per diem interest in the amount of $11.18 will accrue on the principal from November 16, 2011 and thereafter will accrue in accordance with the variable rate as set forth in the Note. 9. The default has not been cured. $96,000.00 $10,907.67 $81.00 $2,015.10 $22.00 $1,660.00 $6,240.96 $(110.00) $(2,953.85) $113,862.88 10. Plaintiff provided mortgagor with a Notice of Intention to Foreclosure Mortgage. A true and correct copy of said notices are attached hereto and made part hereof, as Exhibit A. 11. Plaintiff provided mortgagors with the Notice required under the Homeowner's Mortgage Emergency Assistance program (HEMAP). See Exhibit A. 12. Plaintiff properly accelerated its mortgage to protect its interests. The foregoing facts are true based on my personal knowledge. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE ME THIS JAN 31 2012 DAY OF , 2012. C NOTARY PUBLIC c Name: Vanessa Williams Title: Assistant Secretary OneWest Bank, FSB DIANA C MIRALLEs My Commission Ewkes June 29, 2013 10-037039 Hone Loan Semozq 6900 Sexton Drive Kalame=. M149009 November 03, 2009 JOHN MUSHOVIC 160 STONEHOUSE RD CARLISLE, PA 17015 RE: Loan Numbs Legal Description of Property: 160 STONEHOUSE ROAD CARLISLE, PA 17015 ACT 91 NOTICE sent via Certified Mail 7113 8257 3473 7347 3513 TAKE ACTION TO SAVE YOUR. HOME FROM FORECLOSURE Thil is an 01Ticial notice that the mortgage on your home Is in default and the lender Intends to foreclose. Specific Information about the nature of the default is provided In the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMA-M MAY BE rwu » .r i 1...,.. Hu nYncnmm works. To See If Ar-ency. The name address and p ne number of Consumer Credit Counseling Aaeacies sc-- '°a °°m city are 1lsted _... - - ---• --11 A- D...svh.en?a Rmiaina Rtnance AmmeV toll This Notice contains Important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain IL You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 4 %A HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (331 DAYS OF THE DATE OF THIS NOTIC IF YOU DO NOT APPLY FOR EMM-GENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF IS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW- TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the leader may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desigpj1d consurncr credit counseling agencies for the county in which the property is located am 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 (sec following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING FVITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND rD FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SEC77ON CALLED "TEMPORARY STAY OF FORECLOSURE': RMS. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATIONEVENBEYOND THESE =PE A LATE APPLICATION WILD NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE HILL BE STOPPED. &QENCY ACTION - Available funds for emergency mortgage assistance ate 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 A 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 flied bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to dateL NA RE F THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 Current Monthly Payment: $540.00 Total Monthly Payments Due: $1,620.00 Late Charges: $81.00 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $11.00 Partial Payment Balance: -$110.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,602.00 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,602.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa is must be made either b cashier's check certified check n er e pavable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT - if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, „the lender inteD& to exercise its right to aww-ALVAk the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECL SED 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 default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. 7113 8257 1473 7347 3513 9111Te.R 1.LNDFR REMEDIES -- The lender may also sue you personally for the unpaid principal balance: and all other sums due under the mortgage. RIGli'l' TO CURE THE DEFAULT PRIOR TO SHERIFFIS 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 man time up to one hour before the Sheriff's Sate Ycru may do so by oavine the mwl amount the n oast due »lus any late or other charges then due reasonable_ attorney's fees and costs connected with the foreclosure sale and any other casts connected with the Shenfrs Sale as specified in writing by the tender and by I! ormina any other requtrcmenTs under the mort¢aae. Curing your default in the manner set forth In this notice witl restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sete of the murtgaged property could be held would be approximately 5 months from the date of this Notice. notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the unount needed to cure the default will increase the longer you waif. You ntay find out at any time exactly what the required payment or action will be by contacting the lender. IIOV+' TC} f,`ON"I'AC:"f THE I.I:VT?F R: Indyivlac Mortgage Services, it Division o1` One West Bank 7700 West Parrnor Lane Austin, Texas 78729 Loan Resolution Department 1 (877) 908-4357 EFFECT' OF SIIERIFF'S SAL - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your fttn»shings and other belongings could be started by the tender at any time. ASSUMPTION O MORTGAGE, - You may be eligible to Sell or transfer your home to it buyer or transferee who will assume The mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cosh are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need ,_o obtain expressed approval of the lender prior to any sale or transfer or aS_SUrnptinn of the mortgage debt. YOU ?INJAY AL,50 RkVE -THE RIGEL- • TO 5Ei,L "I"i IF PRJI'I:EZTY TO OBTAIN MONF"Y TO PAY OFF TI I 1vIORTGAGE DEBTOR TO 13ORIZOW 1vIONEY FROM ANOTHER. LENDING INSTITU"C1()N TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY A\?' TI•i1RD PARTY ACTING ON YOUR BEHAIX. • 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 DLTAUL"T MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERTTHE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANrY OTHER LAWSUIT INS'TI'TUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE' TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE. FISDEIU%f., BANKRUPTCY LAW. You may also contact a HUD-approved housing counseling agency toll-flee at 1 (800) 569-4287 or TDD 1 (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. PE SNANIA For certain loans that we service, we are required by Federal Law to inform borrowers that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication does not imply that this is an attempt to collect money from anyone whose debt has been discharged pursuant to the bankruptcy laws of the United States; In such instances, it is intended solely for informational purposes. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informer a prestatarios que procuramos colectar una deuda y que cualquier informacion obtenida sera utilizada pare ese proposito. Si usted tiene cualquier pregunta con respecto a esta carta, por favor communiquese con aosotros al numero 877-908-4357. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolution Please 1) Make your check payable to 1ndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 CONSUMER CREDIT COUNSELING AGENCIES SERVING 7113 8287 1473 7347 3513 IndyMac Mortgage Services a Division of One West Bank PO Box 9042 Temecula, CA 92589-9042 Send Payments To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 Send Correspondence To: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 LIE 2226983067 JOHN MUSHOVIC 160 STONEHOUSE RD CARLISLE, PA 17015 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 20091104-72 XC250 1159-v23 Home Loan Servicing 6900 BearOce Drive Kalamazoo, MI 49009 November 04, 2009 JOHN MUSHOVIC 160 STONEHOUSE RD CARLISLE, PA 17015 RE: Loan No Legal Description of Property: 160 STONEHOUSE ROAD CARLISLE, PA 17015 NOTICE OF INTENTION TO FORECLOSE The mortgage held by IndyMac Mortgage Services, a Division of OneWest Bank (herein we, us or our) on your property located at the above-referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 09/01/2009 Current Monthly Payment: $540.00 Total Monthly Payments Due: $1,620.00 Late Charges: $81.00 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $22.00 Partial Payment Balance: -$110.00 TOTAL. YOU MUST PAY TO CURE DEFAULT: $1,613.00 You may cure this default within THIRTY-TWO (32) DAYS from the date of this letter, by paying to us the above amount of $1,613.00, plus any additional monthly payments and late charges which may fall due during this period. Such payment should be made in the form of certified check, cashier's check, or money order. If you do not cure this within THIRTY-TWO (32) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THIRTY-TWO (32) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. 2226983067 If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred. up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default with the THIRTY-TWO (32) DAY period, you will not be required to pay the attorney's fees. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you may have to acceleration and foreclosure. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the THIRTY-TWO (32) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this notice. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us. This payment must be in CERTIFIED FUNDS, payable to IndyMac Mortgage Services, a Division of OneWest Bank, and sent to IndyMac Mortgage Services, a Division of OneWest Bank, PO Box 78826, Phoenix. AL 85062-8826. You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN THE MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDING THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE. SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Time is of the essence? Should you have any questions concerning this notice, please contact IndyMac Mortgage Services, a Division of OneWest Bank, Loan Resolution immediately at 1-877-908-4357. Additionally, you may also contact a HUD-approved housing counseling agency toll-free at 1-800-569-4287 or TDD 1-800-877-8339 for the housing counseling agency nearest you. These services are usually free of charge. Para ciertos prestamos que mantenemos somos requeridos por la Ley Federal a informar a prestatarios que procuramos colectar una deuda y que cualquier informacion obtenida sera utilizada para ese proposito. Si usted tiene cualquier pregunta con respecto a esta carts, por favor communiquese con nosotros al numero 877-908-4357. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank Loan Resolutions FOR CERTAIN LOANS THAT WE SERVICE, WE ARE REQUIRED BY FEDERAL LAW TO INFORM BORROWERS THAT WE ARE, ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION DOES NOT IMPLY THAT THIS IS AN ATTEMPT TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED PURSUANT TO THE BANKRUPTCY LAWS OF THE UNITED STATES; IN SUCH INSTANCES, IT IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES. Please 1) Make your check payable to IndyMac Mortgage Services, a. Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do not include correspondence 5) Do not send cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank PO Box 78826 Phoenix, AZ 85062-8826 K. 11 L LIM 2226983067 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA OneWest Bank, FSB, Plaintiff, V. NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, Defendant(s). BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INTRODUCTION Plaintiff, OneWest Bank, FSB, commenced this action seeking a judgment in Mortgage Foreclosure against Defendants, Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased (collectively "Defendants"), in an amount equal to the principal, interest, late charges, escrow advances, costs and attorneys' fees due pursuant to a mortgage given to secure the indebtedness of the obligation. There is no dispute concerning the existence of the obligation, the amount owed, or that the debt has not been paid in accordance with the terms of the Mortgage. Because there is no dispute as to any genuine issue of material fact, and because Plaintiff is entitled to judgment as a matter of law, Plaintiff respectfully requests that summary judgment be entered in Plaintiffs favor. 1 PROCEDURAL HISTORY Plaintiff filed a Complaint in Mortgage Foreclosure with the Cumberland County Prothonotary's Office on August 24, 2010, and Defendant filed an Answer to the Complaint on November 19, 2010. Thereafter, Plaintiff timely filed a Reply to New Matter. The pleadings have been closed, and disposition of the motion will not delay trial. STATEMENT OF THE CASE On April 23, 2007, John N. Mushovic executed a promissory note in the principal sum of $96,000.00 (the "Note"). On the same day, John N. Mushovic entered into a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB (the "Mortgage"), which secured the indebtedness of the Note upon the real property located at 160 Stonehouse Road, Assessed As Lot 15 Stonehouse Road, Carlisle, PA 17015 (the "Mortgaged Premises"). Mr. Mushovic failed to make the payment due on September 1, 2009, required pursuant to the Note and Mortgage, and thereafter has failed to make any payment on this obligation. Mr. Mushovic thereafter passed away on February 18, 2010. Despite demand, no further payments have been made towards the indebtedness to Plaintiff. The amount due and owing through November 16, 2011 under the foregoing agreements is $113,862.88. This includes a principal balance of $96,000.00; interest at a variable rate totaling $10,907.67; pre-acceleration late charges totaling $81.00; tax disbursements totaling $2,015.10; property inspections totaling $22.00; BPO/Appraisal fees totaling $1,660.00; suspense totaling ($110.00); credits to recoverable balance totaling ($2,953.85) and foreclosure fees and costs of $6,240.96. After November 16, 2011, interest accrues at a per diem rate of $11.18 until judgment on mortgage foreclosure is entered. 2 ARGUMENT A. Standard For Granting SummM Judgment. Summary judgment is governed by Rule 103 5.2, which provides, in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. (2) if, after completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issue to be submitted to a jury. Pa. R.C.P. No. 1035.2. The Pennsylvania Supreme Court provided guidance as to this standard in Ertel v. Patriot News Co.. 544 Pa. 93, 674 A.2d 1038 (1996). The court accepted the standard of review in motions for summary judgment as established by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and Anderson v. Liberty Lobby, 477 U.S. 242 (1986). In these decisions, the Supreme Court stated a non-moving party on a motion for summary judgment must produce sufficient evidence on an issue essential to its case and on which he bears the burden of proof such that a jury could return a verdict in his favor. The Pennsylvania Supreme Court in Ertel specifically stated this standard is consistent with Rule 1035. Ertel at 101, 674 A.2d at 1042. This standard places a burden on the non-moving party to come forward with evidence to defeat the motion. According to the rules of procedure, summary judgment is properly granted where the pleadings, depositions, answers to interrogatories, admissions on tile, together with affidavits 3 show "there is no genuine issue of any material fact as to a necessary element of the cause of action." Pa. R.C.P. No. 1035.2; see also, Marks v. Tasman and Benson, 527 Pa. 132, 589 A.2d 205 (1991), Citicorp Mortgage Inc v Morrisville Hampton Village ? realty Limited Partnership, 443 Pa. Super. 595, 662 A.2d 1120 (1995). The function of the summary judgment is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials if no genuine issue of material fact is raised. Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 135, 461 A.2d 833 (1983). Another purpose is to avoid a useless trial. Dillon v. Nat'l R.R. Corp., 345 Pa. Super. 126, 136, 497 A.2d 1336, 1341 (1985). In this matter, Plaintiff respectfully submits the pleadings and exhibits in this matter conclusively establish that the material facts are undisputed and, therefore, there is no issue for disposition by the finder of fact. B. The Answer and New Matter Fails to Create a Genuine Issue of Material Fact. In the Answer, Defendants deny all allegations contained in the Complaint, including the creation of the mortgage, that Plaintiff is the current holder of the mortgage, the default and the amounts due, as well as that a Notice of Intent to Foreclose were sent to the Defendant. Additionally, Defendants raised a New Matter, setting forth previous foreclosure actions filed by Plaintiff, as well as the alleged failure of Plaintiff to provide a Notice of Intent to Foreclose, as well as some affirmative defenses. None of the assertions in the Answer and New Matter create a genuine issue of material fact, and, accordingly, summary judgment should be granted in favor of Plaintiff. 4 1. The Creation of the Obligation. Defendants denied the creation of the Mortgage and Note, as well as that Plaintiff is the current holder of the Mortgage, claiming that they are conclusions of law to which no response is required, and that Defendants are not a party to the transaction. Plaintiff has established through the pleadings and the exhibits thereto Mr. Mushovic executed a Note and Mortgage securing the obligation on the Mortgaged Premises, see Exs. "A" and "B", and the obligation was thereafter assigned to Plaintiff, see Ex. "C". While the Answer is correct in stating that none of the Defendants were parties to the underlying transaction giving rise to this cause of action, in order to divest any potential right they may have to the title of the Mortgaged Premises, they need to be included as Defendants in this action. Once it was disclosed that Ms. Girrior was the daughter of Mr. Mushovic, she needed to be included in this action as a Defendant, along with all other unknown heirs of Mr. Mushovic.I 2. The Default and the Amounts Due Under the Obli ate Defendants deny the allegations of default and the amounts due, stating they are without sufficient information to form a belief as to the amounts due, as well as information indicating that the obligation has an adjustable rate. Defendants also deny the amounts due as they were not a party to the transaction. None of these allegations prevent the entry of summary judgment in Plaintiff's favor. With regard to the issue of default and the amounts due and owing on the Mortgage and Note as alleged in the Complaint, Plaintiff has established by sworn affidavit that the loan is in According to Pennsylvania Rules of Intestate Succession, if there is no will and no estate is raised, the entire estate of the decedent could conceivably pass to the issue of the decedent. 20 Pa. C.S. §§2103 - 2104. 5 default, the default has not been cured, and has set forth the precise amount due, based upon the records of Plaintiff. The amounts due on the loan are clearly established by the payment history for the loan, the Mortgage, and the Note, true and correct copies of which are attached to the Motion. The Affidavit of Plaintiff further verifies the amount due on the loan. Defendants, as they were not parties to the underlying transaction, would not have any indication as to the amounts due, have not provided any information to refute the supported information of Plaintiff. As such, none of the allegations of the Answer create a bar to the entry of summary judgment in favor of Plaintiff. With regard to the attorney's fee prayed for in the Complaint, the same is provided for in both the mortgage instrument (see paragraphs 14 and 22) and the promissory note (see paragraph 6(E)). and such fees have been held by our courts to be both a necessary and reasonable expense of collection. Foulke v. Hatfield Fair Grounds Bazaar, 196 Pa.Super,. 137, 173 A.2d 703 (1961). See also, Warden v. Zanella, 283 Pa.Super. 137, 423 A.2d 1026 (1980). 3. The Notice of Intent to Foreclose. Defendants deny the allegations of the Complaint concerning the Notices sent pursuant to the Homeowners' Emergency Mortgage Assistance Act, more commonly known as Act 91, as well as Act 6 of 1974, claiming that they were not sent to Defendants, and that they were dated more than one year prior to the cause of action. Neither of these assertions creates a genuine issue of material fact. According to the terms of Act 91, 35 P.S. §1680.402c et seq.. the Notice itself simply needs to be sent to the address of the mortgagor, and, if different, the homeowner's mailing address. 35 P.S. §1680.403c. Compliance with this requirement by Plaintiff was supported by the documentation attached to the Complaint, as well as Plaintiffs sworn affidavit. 6 Additionally, nothing in Act 91 requires a lender to send a second Notice after a year has passed. See 35 P.S. §1680.402c et seq. As such, there is no genuine issue of material fact, and Plaintiff is entitled to summary judgment in its favor. 4. The New Matter. Defendants also raise New Matter, which sets forth prior foreclosure action raised by Plaintiff, as well as raising a number of affirmative defenses to the Complaint. As set forth in its Reply to New Matter, after initiating its prior action against Mr. Mushovic, Plaintiff was advised by the Prothonotary of Cumberland County and to direct further correspondence to Defendant Girrior, who was identified in the correspondence from the Prothonotary as the co-executor of Mr. Mushovic's estate. Plaintiff subsequently discontinued that action and filed the instant action, naming Ms. Girrior as a known heir. None of these facts creates a genuine issue of material fact. Additionally, while Defendants have raised a number of affirmative defenses to the Complaint, Defendants have not provided any facts to provide any bases for these defenses and, as such, they do not create a genuine issue of material fact. CONCLUSION The pleadings and exhibits thereto, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact. For the foregoing reasons, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants. Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased, jointly and severally, in the amount of $113,862.88, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus costs. Respectfully submitted, SHAPIRO & DENARDO, LLC Dated: y 2 BY: Z4??- fill Michael J. Clark, Esquire Attorney for Plaintiff s SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB ; PLAINTIFF VS. Meghan M. Girrior, Known Heir of John N. ; Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-5539 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion for Summary Judgment, Memorandum of Law and Affidavit in Support of same, together with any other documentation specifically referenced in the transmittal letter, on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Douglas G. Miller, Esquire, 60 West Pomfret Street, Carlisle, PA 17013 SHAPIRO & DeNARDO, LLC BY: iW11 Michael J. Clark, Esquire Attorney for Plaintiff C ?4? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) F'CTH01INi 1.' .? TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for t11 Argument Court.) 14 fi i 10: 6") CAPTION OF CASE (entire caption must be stated in full) OneWest Bank, FSB 'UABERLAND COUNT" PL NNSYLVANIA vs Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Bight, Title or Interest from or under John N. Mushovic, deceased No. 5539 2010 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Michael J. Clark, Esquire Shapiro & DeNardo,LLC (Name and Address) 3.600 Horizon Drive, Ste. 150, Ring of Prussia,---PA 19406 (b) for defendants: Douglas G. Miller, Esquire (Name and Address) 60 West Pomfret Street, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 11 Date:. Signature Michael J. Clark, Esquire Print your name Pla.intif f Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. and-"19.'ISpd a H? C?e+ 3ingots ? C>� 1A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the axt -- -• _ Argument Court.) "q� v --------------------------------------------------------------------------------------------------------------------- j CAPTION OF CASE �t�- N '`' ` (entire caption must be stated in full) OneWest Bank, FSB �� = c=yy _ � . VS. 7� "-� d -G Meghan M. Girrior, Known Heir Na 5539 2010 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Kassia Fialkoff,Shapiro&DeNardo,LLC,3600 Horizon Drive,Suite 150,King of Prussia,PA 19406 (Name and Address) (b) for defendants: Douglas G. Miller, 60 West Pomfret Street, Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Pr SS\ Print your name OneWest Bank, FSB Date: Attorney for �.�—� INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. G arm SHAPIRO & DeNARDO, LLC BY: KASSIA FIALKOFF, ESQUIRE ATTORNEY I.D. NO: PA Bar # 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF ; CUMBERLAND COUNTY V. ; NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANT(S) CERTIFICATE OF SERVICE I, Kassia Fialkoff, Esquire, Counsel for Plaintiff, hereby certify that on Aril 10, 2013, a true and correct copy of the attached Praecipe for Listing Case for Argument was served by mailed same by regular mail, postage prepaid, to: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 SHAPIRO &DENARDO, LLC BY: Kassia Fialkoff, Esquire SHAPIRO&DeNARDO, LLC BY: KASSIA FIALKOFF, ESQUIRE ATTORNEY I.D.NO: PA Bar#310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 03-21179 OneWest Bank, FSB I COURT OF COMMON PLEAS CIVIL DIVISION C Plaintiff Cumberland County (Z -M V. rn ca Meghan M. Girrior, Known Heir of John N. z-- Mushovic,deceased and Unknown,Heirs, NO. 10-5539 C:) Successors,Assigns,and All Persons, Firms, i or Associations Claiming Right,Title or I Interest from or under John N. Mushovic, deceased Defendant(s) CONSENT JUDGMENT IN MORTGAGE FORECLOSURE This Consent Judgment in Mortgage Foreclosure CAgreement")is made and entered into as of the last day set forth on the signature page("Effective Date)by and through counsel for OneWest Bank,FSB("Plaintiff'), Kassia Fialkoff, Esquire,and counsel for Meghan M.Giff ior,Known Heir of John N.Mushovic,deceased,and Unknown,Heirs,Successors,Assigns,and All Persons,Firms, or Associations Claiming Right,Tide or Interest from or under John N. Mushovic,deceased ("Defendants"), Douglas G. Miller,Esquire, for the purpose of resolving by compromise and settlement of all claims,controversies and alleged liabilities arising out of the Foreclosure Action as follows: WHEREAS, Plaintiff is the holder of the Mortgage given by Defendants, dated April 23, 2007, in the original principal amount of$96,000.00 recorded on April 25, 2007 in the Cumberland County Recorder of Deeds Office in Book 1989 and Page 3966 ("Mortgage") with regard to real property located in Cumberland County at 160 Stonehouse Road, Carlisle, Pennsylvania 17015 and assessed as Lot 15 Stonehouse Road,Carlisle, PA 17015 (hereinafter referred to as the"Property"). WHEREAS, on April 23, 2007 Mortgagor John N. Mushovic executed and delivered said Mortgage to IndyMac Bank,F.S.B.. 4f000 I Mo X1*7fc--e--1AP.11eq1 WHEREAS,Plaintiff became the holder of the Mortgage by way of Assignment of Mortgage recorded on February 9, 2010 with the Cumberland County Recorder of Deeds Office at Instrument No.201003538. WHEREAS Mortgagor and Obligor John N. Mushovic is deceased. WHEREAS the personal liability under the Note dated April 23, 2007 secured by the Mortgage extinguished as a result of the death of the Mortgagor and Obligor John N.Mushovic. WHEREAS Plaintiff is seeking only an in rem judgment. WHEREAS Defendants named in the Caption, are named Defendants only in their capacity as co-executor and/or as a result of their potential interest in the property pursuant to Pa.R.C.P.1144. WHEREAS, the Mortgage is in default because monthly payments on the Mortgage are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of thirty(30)days the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff instituted the within Action in Mortgage Foreclosure by Complaint on or about August 24,2010 in the Court of Common Pleas of Cumberland County,No. 10-5539; WHEREAS, on or about November 19, 2010 Defendants filed an Answer to Plaintiff's Complaint; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Foreclosure Complaint. NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt of which is acknowledged be each Party hereto which are incorporated herein by reference as terms of the Agreement, and intending to be legally bound, the Plaintiff and Defendants agree as follows: 1. An in rem judgment and for foreclosure and sale of the Property,is entered in favor of Plaintiff, its successors and/or assigns and against Defendants, in the amount of $120,246.63, pursuant to the terms and conditions of the Mortgage, and with additional ongoing per diem interest added to said sum from April 30, 2013, in the amount of$11.51 daily, as well as any additional recoverable fees and costs expended by Plaintiff per the terns of the Mortgage, through the date of Sheriffs Sale. The breakdown of the amounts owed as of April 30,2013 are as follows: Principal Balance $96,000.00 Interest from 08/01/2009 to 04/30/2013 $17,023.70 Escrow Advance $2,128.82 2 Suspense Balance ($110.00) Recoverable Balance $5,204.11 2. Plaintiff hereby cancels any and all of Defendants' personal obligations, if any,with regard to the Property and under the underlying Note dated April 23,2007. 3. If Defendants continue to occupy the property, Defendants shall keep the property in good and safe condition, reasonable wear and tear expected. Plaintiff shall have no obligation to make any repairs to the property. All fixtures, including but not limited to built-in appliances, shall remain at the property after Defendants vacate the property. 4. Defendants agree that Defendants have freely and voluntarily signed and agreed to this agreement, not been given any inducements or promises other than those contained herein, had the opportunity to confer with independent counsel before signing this agreement, read, knows and completely understands the terms of this agreement, and fully competent to sign and agree to the terms of this agreement. 5. Defendants hereby release and forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to the Mortgage and the within foreclosure action. 6. This Agreement shall not be altered, amended, or modified by oral representation made before or after the execution of this Agreement. All modifications must be in writing and duly executed by all Parties. 7. The Parties acknowledge that this Agreement is executed voluntarily by each of them, without any duress or undue influence on the part of,or on behalf of any of them. The Parties further acknowledge that they have had the opportunity for representation in the negotiations for,and in the performance of, this Agreement by counsel of their choice and that they have read this Agreement and/or have had it fully explained to them by their counsel and that they are fully aware of the contents of this Agreement and its legal effect. 8. The Parties acknowledge that this constitutes the full and final accord and satisfaction and shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators,agents,representatives,successors,and assigns. 9. The Parties acknowledge that this constitutes the full and final accord and satisfaction and shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators,agents,representatives,successors,and assigns. 3 9. This Agreement may be executed in any number of counterparts and with facsimile signatures, and all such counterparts shall be construed together and constitute a single form of this Agreement. CONSENTED AND AGREED TO BY: SHAPIRO&DENARDO,L.L.C. By: Kassia Fiae ]koff,Esquire Dated: Attorney for Plaintiff OneWest Bank, FSB &L s. q A� By: Dougl G. iller, Esquire Dated: Attorney for Defendants Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 4 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment O Other OneWest Bank, FSB File No, PLAINTIFF Amount Due$120,246.63 Interest April 30, 2013 to September 4, 2013 is $1,473.28 VS. ; Atty's Comm Costs Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, :,:, Successors, Assigns, and All Persons, Firms, ; or Associations Claiming Right, Title or _ Interest from or under John N. Mushovic ''' �� deceased -- C) DEFENDANT(S) X__ , TO THE PROTHONOTARY OF THE SAID COURT: •, C3 cD r.,., The undersigned hereby certifies that the below does not arise out of a retail installm nafe,,co -act, or account based on a confession of judgment, but if it does, it is based on the appropriate originaf prb'Oeedang filed pursuant to Act 7 of 1956 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant{s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s)for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (indicate) Index this writ against the garnishees)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. e�� y pto a Date: ' 5—� Signature: _/ Print Name: Leonard J. Mucci, III, Esquire /}oi:4 � t�l�, iQ Address: 3600 Horizon Drive, Suite 150 tJl 91. 9.p Ar King of Prussia, PA 19406 sq. q0 " Attorney for: Plaintiff qa: ao Supreme Court ID #PA Bar#92357 4 10 .00 lq. n5 5o tr let. /15 " ! Ito"50 1%0L'P)0S 351.10 PA ATtY i ALL that certain tract of real estate lying and being situate in Dickson Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at the corner of lands of Lot No. 14 and Lot 15; thence along Lot 14,South 82 degrees 26 minutes 46 seconds West 73 5.10 feet to a concrete monument;thence along the same, South 01 degree 38 minutes 56 seconds West 421.03 feet to a concrete monument at corner of lands of Lot 15 and lands now or formerly of Lewis R. Fink and Thelma R,. Fink and Ralph L. Peffer and Roseann F. Peffer; thence along said lands now or formerly of Fink and Peffer South 86 degrees 08 minutes 49 seconds West 416.56 feet to an iron pin at corner of Lot 15 and lands now or formerly of Albert L. Verdekal,North 13 degrees 33 minutes 58 seconds West 591.98 feet to an existing iron pin at corner of lands of Lot 15 and land now or formerly of Richard L. Morrison; thence along said Morrison lands North 82 degrees 26 minutes 46 seconds East 1,276.68 feet to an existing mag nail at the corner of lands now or formerly of Richard L. Morrison and Stone House Road T-545; thence along Stone House Road, T-545, South 08 degrees 32 minutes 29 seconds East 200.03 feet to a mag nail at the place of BEGINNING. CONTAINING a total area of 10.16303 acres,more or less, as set forth on subdivision plan prepared for "South Fields",prepared by Dennis E. Black Engineering, Inc. dated September 6, 2006 and recorded in Plan Book 93, Page 90. BEING all of Lot 15. Parcel No. 08-09-0523-117 BEING THE SAME PREMISES which Thomas B. Mangold and Timothy C. Mongold,by Deed dated April 23, 2007 and recorded April 25, 2007, in the Office for the Recorder of Deeds in and for the County of Cumberland,in Deed Book 279 Page 3608, granted and conveyed unto the John N. Mushovic,in fee. AND THE SAID John N. Mushovic departed this life on or about 0211812010, thereby vesting title solely with Co-executor of his estate, Meghan M. Girroir. SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 C� CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 w - KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 r ' LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 923571 s 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 © TELEPHONE: (610)278-6800 , , S & D FILE NO. 10-037039 ° ? OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Meghan M. Ginior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, NO:10-5539 Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff) is: OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 and that the last known addresses of the judgment debtors (Defendants) are: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased 8027 Gnatstown Road Hanover, PA 17331 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 SHAPIRO &DeNARDO, LLC Date: _15 �3 BY: 10-037039 Attorneys for Plaintiff SHAPIRO &DeNARDO, LLC r BY: CHRISTOPHER A. DeNARDO, I A 0 �1 0 n 0' TA y ESQUIRE, ATTORNEY I.D. NO. 78447 'ZO13 KAY 17 AM 10: 40 CAITLIN M. DONNELLY, ESQUIRE, CUMBERLAND COUNTY ATTORNEY I.D. NO. 311403 IENNSYLVANIA KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D.NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION vs. CUMBERLAND COUNTY Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown,Heirs, NO: 10-5539 Successors, Assigns, and All Persons, Firms, or Associations Claiming Right,Title or Interest from or under John N. Mushovic, deceased DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 OneWest Bank, FSB, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road,Carlisle, PA 17015. 1 Name and address of Owner(s) or Reputed Owner(s) Meghan M. Girrior, Known Heir of John N. Mushovic,deceased 8027 Gnatstown Road Hanover,PA 17331 Unknown,Heirs, Successors,Assigns, and All Persons, Finns, or Associations Claiming Right, Title or Interest from or under John N. Mushovic,-deceased 160 Stonehouse Road Carlisle, PA 17015 2. Name and address of Defendants in the judgment: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased 8027 Gnatstown Road Hanover, PA 17331 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased 160 Stonehouse Road Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: OneWest Bank, FSB 888 E. Walnut Street Pasadena, CA 91101 The First National Bank of Mercersburg 12 S. Main Street Mercersburg, PA 17236 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 160 Stonehouse Road assessed as Lot 15 Stonehouse Road Carlisle, PA 17015 Department of Treasury Internal Revenue Service Center Cincinnati, OH 45999 n Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 Commonwealth of PA Department of Revenue Inheritance Tax Division Bureau of Compliance, Dept 280946 Harrisburg, PA 17128-0946 Department of Public Welfare Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue, 13th Floor, Ste. 1300 Pittsburgh, PA 15222 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPUZO &DeN LO BY: Leonard J. Mucci, III, Esquire 10-037039 SHAPIRO &DeNARDO, LLC BY: LEONARD J. MUCCI, III, ESQUIRE ATTORNEY I.D. NO: PA Bar#92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 10-037039 _ OneWest Bank, FSB COURT OF COMMON PLEA�4c PLAINTIFF CIVIL DIVISION a VS. CUMBERLAND COUNTY Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, NO: 10-5539 Successors, Assigns, and All Persons, Firms, ; or Associations Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased c/o Douglas G. Miller 60 West Pomfret Street Carlisle, PA 17013 Your house(real estate) at: 160 Stonehouse Road, assessed as Lot 15 Stonehouse Road; Carlisle, PA 17015 08-09-0523-117 is scheduled to be sold at Sheriffs Sale on September 4, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$120,246.63 obtained by OneWest Bank, FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to OneWest Bank, FSB the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. u 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037039 ALL that certain tract of real estate lying and being situate in Dickson Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at the corner of lands of Lot No. 14 and Lot 15; thence along Lot 14,South 82 degrees 26 minutes 46 seconds West 73 5.10 feet to a concrete monument; thence along the same, South 01 degree 38 minutes 56 seconds West 421.03 feet to a concrete monument at corner of lands of Lot 15 and lands now or formerly of Lewis R. Fink and Thelma R. Fink and Ralph L. Peffer and Roseann F. Peffer; thence along said lands now or formerly of Fink and Peffer South 86 degrees 08 minutes 49 seconds West 416.56 feet to an iron pin at corner of Lot 15 and lands now or formerly of Albert L. Verdekal,North 13 degrees 33 minutes 58 seconds West 591.98 feet to an existing iron pin at corner of lands of Lot 15 and land now or formerly of Richard L. Morrison; thence along said Morrison lands North 82 degrees 26 minutes 46 seconds East 1,276.68 feet to an existing mag nail at the corner of lands now or formerly of Richard L. Morrison and Stone House Road T-545; thence along Stone House Road, T-545, South 08 degrees 32 minutes 29 seconds East 200.03 feet to a mag nail at the place of BEGINNING. CONTAINING a total area of 10.163 03 acres,more or less, as set forth on subdivision plan prepared for "South Fields", prepared by Dennis E. Black Engineering, Inc. dated September 6, 2006 and recorded in Plan Book 93, Page 90. BEING all of Lot 15. Parcel No. 08-09-0523-117 BEING THE SAME PREMISES which Thomas B. Mongold and Timothy C. Mongold,by Deed dated April 23, 2007 and recorded April 25, 2007, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 279 Page 3608, granted and conveyed unto the John N. Mushovic, in fee. AND THE SAID John N. Mushovic departed this life on or about 02/18/2010, thereby vesting title solely with Co-executor of his estate, Meghan M. Girroir. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-5539 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due ONEWEST BANK,FSB, Plaintiff(s) From MEGHAN M.GIRRIOR,Known Heir of John N.Mushovic,deceased and unknown Heirs, Successors,Assigns and all persons,firms or associations claiming right,title or interest from or under John N.Mushovic,deceased. (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $120,246.63 L.L.: .50 Interest from 4/30/13 to 9/4/13 -- $1,473.28 Atty's Comm: Due Prothy: $2.25 Atty Paid: $354.10 Other Costs: Plaintiff Paid: Date: 5/17/13 D Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEONARD J. MUCCI,III, ESQUIRE Address: SHAPIRO&DeNARDO,LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 61.0-278-6800 Supreme Court ID No. 92357 1't SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 _: KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 . ..rt TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 ' OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS PRAECIPE TO MARK THE JUDGMENT TO THE USE OF INDYMAC VENTURE LLC TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of"IndyMac Venture, LLC" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO &DeNARDO, LLC Date: BY: Attorneys for Plaintiff a* IUbv�3�1 � yov� 510 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 OneWest Bank, FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 10-5539 Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Mark Judgment to the Use of INDYMAC VENTURE, LLC on 1p 4-13 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail,postage prepaid: Meghan M. Girrior, Known Heir of John N. Mushovic, deceased, 8027 Gnatstown Road, Hanover, PA 17331 Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased, 160 Stonehouse Road, Carlisle, PA 17015 Douglas G. Miller, Esquire, 60 West Pomfret Street, Carlisle, PA 17013 SHAPIRO &DeNARDO, LLC �q-(�'I?J 'x Date: BY: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMENDED PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other IndyMac Venture, LLC File No. to- 5S39 t I PLAINTIFF Amount Due$120,246.63 Interest April 30, 2013to September 4, 2013 is $1,473.28 vs. Atty's Comm Costs Meghan M. Girrior, Known Heir of John N. Amended Praecipe for Writ of Execugn to Mushovic, deceased and Unknown, Heirs, correct the property address to 16 Successors, Assigns, and All Persons, Firms, Stonehouse Road a/k/a 166 Sto i.:.i us or Associaitions Claiming Right, Title or Road assessed as Lot 15 StonelS Rind, :7J -' Interest from or under John N. Mushovic, Carlisle, PA 17015 deceased DEFENDANT(S) ='(-) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment-safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property(if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)described in the attached exhibit. �✓' Date: �"�d Signature: �`-- Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID #PA Bar#78447 WRIT OF EXE PUP and/or IATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-5539 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due ONEWEST BANK,FSB, Plaintiff(s) From MEGHAN M.GIRRIOR,Known Heir of John N.Mushovic,deceased and unknown Heirs, Successors,Assigns and all persons,firms or associations claiming right,title or interest from or under John N. Mushovic,deceased. (1) You are directed to levy upon the property�f the defendant(s)and to sell SEE LEGAL DESCRIPTION. — 1W MAI sk,Inenouz vAca assessed as Gat IS 5Aa ()t4,, r&rt(5!e N nois (2) You are also directed to attach the property of!Ve*Aee%fe0nVdSanet(sT`not evied upon inle possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $120,246.63 L.L.: .50 Interest from 4/30/13 to 9/4/13 $1,473.28 Atty's Comm: Due Prothy:$2.25 Atty Paid: $354.1 D Other Costs: Plaintiff Paid: Date: 5/17/13 Da .Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEONARD J. MUCCI,111,ESQUIRE Address: SHAPIRO&DeNARDO,LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for:PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No.92357 SHAPIRO & DeNARDO, LLC S., BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 � ZE CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 G-5 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 _< KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 IndyMac Venture, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, NO: 10-5539 Successors, Assigns, and All Persons, Finns, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS AFFIDAVIT OF SERVICE 1,Meghan Williams,the undersigned,being duly sworn according to law,hereby depose and say that on the 26th day of J"uly, 2013,pursuant to the Order of Court, attached as Exhibit"A," I served a true and correct copy of the Notice of Sale in Mortgage Foreclosure in the above-captioned matter to the Defendant(s)listed below at the address provided by publication ina legal publication designated by the court for the publication of legal notices and in one newspaper of general circulation within Cumberland County. Proof of said publications are attached as Exhibit"B." Unknown, Heirs, Successors,Assigns,and All Persons,Firms, or Associaitions Claiming Right,Title or Interest from or under John N. Mushovic,deceased, 160 Stonehouse Road, Carlisle,PA 17015 SHAPIRO &DeNARDO, LLC BY: Meghan Williams, Legal Assistant to Attorney for Plaintiff I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this Affidavit of Service is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 3 SHAPIRO & DeNARDO, LLC SEP 172010 BY: CHRISTOPHER A. DeNARDO,ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 OneWest Bank,FSB COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION vs. CUMBERLAND COUNTY Mcghan M. Girrior,Known Heir of John N. Mushovic,deceased and Unknown Heirs, ; NO: 10-5539 Successors,Assigns, and All Persons,Firms, or Associations Claiming Right,Title or Interest from or under John N.Mushovic, deceased DEFENDANTS _ AND NOW,this day of ,2010,upon consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the 0 Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only,on Defendant,Unknown Heirs, Successors,Assigns,and All Persons, Firms,or Associations Claiming Right,Title or Interest from or under John N.Mushovic, deceased,shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale,or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure,Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 160 Stonehouse Road,assessed as Lot 15 Stonehouse Road, Carli e,Pt1 015. THE J. EXHIBIT //�,, � r PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox Director of Sales of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881,since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 18,2013 COPY OF NOTICE OF PUBLICATION J Affiant further deposes that he/she is not interested in the subject matter of the w._ aforesaid notice or advertisement,and that all allegations in the foregoing statement as q me,place d character of publication Sworn to and subscribed before me this a �3 • U 'Bfi2' Ij�'y�nl rJJ No Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Hoitry,Notary Public Carlisle Boro,Cumberland county IBITh �� My Commission Expires Sept 26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW NOTICE OF ACTION NO: IN MORTGAGE FORECLOSURE IndyMac Venture,LLC,Plaintiff vs.Meghan M.Girdor,Known Heir of John N.Mushovic,deceased and Unknown Heirs, Successors,Assigns,and All Persons,Firms or Associations Claiming Right,Title or Interest from or under John N. NOTICE OF Mushovic,deceased,Defendant(s) TO:Unknown Heirs,Successors,Assigns,a dHAll Persons,Fins o Associations CI ming Right,Title or Interest from or under John N.Mushovic,deceased,Defendant(s),whose last known address is 160 Stonehouse Road a/k/a 166 Stonehouse Road,assessed as Lot 1.5 Stonehouse Road,Carlisle,PA 17015. Your house(real estate)at:160 Stonehouse Road a/k/a 166 Stonehouse Road,assessed at Lot 15 Stonehouse Road, Carlisle,PA 17015,08-09-0523-117,is scheduled to be sold at Sheriffs Sale on September 4,2013,at 10:00AM,at Cumberland County Sheriffs Office,1 Courthouse Sq.,Carlisle,PA 17013,to enforce the courtjudgment of 246.63,obtained by IndyMac Venture,LLC(the mortgagee)against you. $120, YOU M NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must AY BE ABLE TO PREVE THIS SHEIFF'S SALE o a immediate action:1T The sale wiilll be cancelled if you pay back to IndyMac f Venture,LLC,the amount of the judgment plus costs or the back payments,late charges,costs,and reasonable attorneys fees due.To find out how much you must pay,you may call:610-278-6800.2.You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.3.You may be able to stop the sale through other legal proceedings.4.-You may need an attorney to assert your rights.The sooner you contact one,the more chance you fj will have of stopping the sale.(See notice below on how to obtain an attorney.)YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 5.if J the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid by calling 610-278-6800.6.You may be able to petition the.Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property.7.The sale will go through only if the buyer pays the Sheriff the I full amount due in the sale.To find out if this has happened you may call 717-240-6390.8.If the amount due from the I buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened.9.You have a rightto remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At'that time,the buyer may bring legal proceedings to evict you.10.You may be entitled to a share of the money, which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale.This schedule will state who will be receiving the money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the date of filing of said schedule.11.You may also have other rights and defenses or ways of getting your house back,if you act immediately after the sale.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD Cumberland ONE GO ar P HELP. ,Cuberland County Lawyer Referral Service, C nty Ba Assoc., South Bedford Street, Carlisle,P( 17013,717-249-3166.PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.CHRISTOPHER A.DeNARDO,CAITLIN M. DONNELLY&KASSIA FIALKOFF,Attorneys.for Plaintiff,SHAPIRO&DeNARDO,LLC,3600 Horizon Drive,Suite 150,King of Prussia,PA 19406,610-278-6800. r� PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : Ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 26, 2013 NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County,Pennsylvania Civil Action—Law NO.: 10-5539 .oses that he is authorized to verify this statement by the Cumberland IndyMac Venture,LLC, dical of general circulation, and that he is not interested in the subject vs. P"i"'ffice or advertisement, and that all allegations in the foregoing Meghan M. Girrior,Known Heir :e and character of publication are true. of John N. Mushovic,Deceased and Unknown Heirs,Successors, Assigns and All Persons,Finns or Associations Claiming Right, Title or Interest From or Under John N. Mushovic,Deceased, YJf Defendant(s) NOTICE OF SHERIFF'S SALE sa Marie Co ne, Editor OF REAL PROPERTY TO: Unknown Heirs, Successors, SWORN TO AND SUBSCRIBED before me this Assigns and All Persons, Firms or Associations Claiming Right, 2kd�a of July, 2013 Title or Interest From or Under sa M John N. Mushovic, Deceased, Defendant(s), whose last known address is 160 Stonehouse Road a/k/a 166 Stonehouse Road, assessed as Lot is Stonehouse Notary Road, Carlisle,PA 17015 Your house (real estate) at: 160 Stonehouse Road a/k/a 166 Stone- house Road, assessed as Lot 15 Stonehouse Road,Carlisle,PA 17015, NOTARIAL SEAL 08-09-0523-117, is scheduled to be DEBORAH A COLLINS sold at Sheriffs Sale on September 4, Notary Public 2013,at 10:00 A.M.,at Cumberland CARLISLE BOROUGH,CUMBERLAND COUNTY County Sheriffs Office, 1 Courthouse my Commission Expires Apr 28,2014 Sq., Carlisle, PA 17013, to enforce the court judgment of$120,246.63, obtained by IndyMac Venture, LLC (the mortgagee)against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale I' you must take immediate action: 1. 4 The sale will be cancelled if you pay back to IndyMac Venture, LLC, the amount of the judgment plus costs or the back payments,late charges, costs,and reasonable attorneys fees due.To find out how much you must YOU SHOULD TAKE THIS PAPER pay, you may call: (610) 278-6800. TO YOUR LAWYER AT ONCE. IF 2. You may be able to stop the sale YOU DO NOT HAVE A LAWYER OR by filing a petition asking the Court CANNOT AFFORD ONE, GO TO OR to strike or open the judgment, if TELEPHONE THE OFFICE LISTED the judgment was improperly en- BELOW TO FIND OUT WHERE YOU tered. You may also ask the Court CAN GET LEGAL HELP. to postpone the sale for good cause. Cumberland County 3. You may be able to stop the sale Lawyer Referral Service through other legal proceedings. 4. Cumberland County Bar Assoc. You may need an attorney to assert 32 S.• Bedford St. your rights. The sooner you contact Carlisle,PA 17013 one,the more chance you will have of (717)249-3166 stopping the sale. (See notice below PURSUANT TO THE FAIR DEBT on how to obtain an attorney.) YOU COLLECTION PRACTICES ACT YOU MAY STILL BE ABLE TO SAVE YOUR ARE ADVISED THAT THIS LAW PROPERTY AND YOU HAVE OTHER FIRM IS DEEMED TO BE A DEBT RIGHTS EVEN IF THE SHERIFF'S COLLECTOR ATTEMPTING TO COL_ SALE DOES TAKE PLACE 5. If the LECT A DEBT. ANY INFORMATION Sheriff's Sale is not stopped, your OBTAINED WILL BE USED FOR property will be sold to the highest THAT PURPOSE. bidder. You may fmd out the price CHRISTOPHER A. DeNARDO, bid by calling(610)278-6800.6.You ESQUIRE may be able to petition the Court to CAITLIN M. DONNELLY, set aside the sale if the bid price was ESQUIRE grossly inadequate compared to the KASSIA FIALKOFF,ESQUIRE value of your property. 7. The sale SHAPIRO&DeNARDO,LLC will go through only if the buyer pays Attys.for Plaintiff the Sheriff the full amount due in the . 3600 Horizon Dr. sale.To find out if this has happened Ste. 150 you may call(717)240-6390.8.If the • King of Prussia, PA 19406 amount due from the buyer is not (610)278-6800 paid to the Sheriff, you will remain h July 26 the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict You. 10. You may be entitled to a share of the money,which was paid for your house. A schedule of dis- tribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff G Sale.This schedule will state who will, be receiving the money. The money will be paid out in accordance with this schedule unless exceptions(rea- sons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the date of) filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 C=> KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 IndyMac Venture, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Megban M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, NO:10-5539 Successors, Assigns, and All Persons, Firms, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS VERIFICATION OF SERVICE PURSUANT TO Pa.R.C.P. 440 The undersigned hereby verifies that she is a legal assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff in the above case and that pursuant to Pa.R.C.P 3129.2(c)(1)(ii) and 440, she mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant's Attorney by regular, postage pre-paid, on July 5, 2013. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SHAPIRO &DENARDO, LLC Date: By: Me an*ilflams Legal Assistant 10-037039 MW 10-037039 U.S.POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: • 8 Riot, jha iro and Kreisman LI 3600 Horizon Drive Ste.115/ King Of Prussia, PA 19466, o, a o N One Piece of ordinary mail addressed to: \,Q a ��8 m:*A t W Girr Or Knncx,n >�*� r_ � g N. Ml,shove , deed m O CA -��411g1as M,l�er Esnu;rP o � � -� 60 West Pomfret Street oN � Carlisle PA 17013 Wo i N PS Form 3817,January 2001 _ _ SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE; ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, �jJ a A UG 12 1' 20 ATTORNEY I.D. NO. 311403 r:UMBER .AND COUNTY KASSIA FIALKOFF, ESQUIRE, ATTORNEY PEs°NSYt.,4'ANU I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037039 IndyMac Venture, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Meghan M. Girrior, Known Heir of John N. Mushovic, deceased and Unknown, Heirs, NO:10-5539 Successors, Assigns, and All Persons, Firms, or Associaitions Claiming Right, Title or Interest from or under John N. Mushovic, deceased DEFENDANTS CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R C P 3129.2 (C) (2) 1, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, IndyMac Venture, LLC, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on July 26, 2013, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. SHAPIRO & DENARDO, LLC Date: /�� J By: Megh Williams Legal Assistant 10-03 703 9 1 U.S.POSTAGE>>PITNEY BOWES Name and Address of Sender Check type of mail or service: Affix Stamp Here Shapiro&DeNardo,LLC (If issued as a 3600 Horizon Drive ❑ Certified ❑ Recorded Delivery(International) certificate of mailing, ZIP 19406 /� Suite 150 [I COD [] Registered or for additional 02 11N $ 003.96 1 King of Prussia,PA 19406 ❑ Delivery Confirmation [I Return Receipt for Merchandise copies of this bill) 0001363586 JUL. 26. 2013 ❑ Express Mail ❑ Signature Confirmation Postmark and ❑ Insured Date of Receipt j Article Number Addressee(Name,Street,City State,&ZIP Code) Postage Fee Handling Actual Value Insured Due Sender DC SC SH RD KK Charge if Registered Value if COD Fee Fee Fee Fee Fee 1• Cumberland County Domestic Relations 13 North Hanover Street 10-037039 MW Carlisle,PA 17013 The First National Bank of Mercersburg 12 S.Main Street 2 Mercersburg,PA 17236 Tenant or Occupant 160 Stonehouse Road a/k/a 166 Stonehouse Road assessed as Lot 15 Stonehouse Road 3 Carlisle,PA 17015 Department of Treasury Internal Revenue Service Center Cincinnati,OH 45999 4. Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square 6th Floor Harrisburg,PA 17128 5. Commonwealth of PA Department of Revenue hiheritance Tax Division �A Bureau of Compliance,Dept 280946 Harrisburg,PA 17128-0946 6 Department of Public Welfare G A un Estate Recovery Program \� �QG O P.O.Box 8486 J, Cd Harrisburg,PA 17105 JG� y, D hitemal Revenue Service `!/ r++ U 7• Special Procedures Branch 1001 Liberty Avenue,13th Floor,Ste. 1300 6 iJ Pittsburgh,PA 15222 949 C PA Department of Revenue .. N 8• Bureau of Compliance Q P.O.Box 281230 Harrisburg,PA 17128-1230 Total Number of Pieces Total Number of ces Postmaster,P (Name of receiving employee) Listed by Sender 9 Received at Post Trice See Privacy Act Statement on Reverse PS Form 3877,February 2002(Page 1 of 2) Complete by Typewriter,Ink or Ball Point Pen SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Ave of CI ti b rt 4110 Jody S Smith F Chief Deputy ° r ,; �'` 1 Y Richard W Stewart Solicitor oFFsCE Or THE st Easrr n l f i`/r/"3 Et-rLraj,}'/t ' ! 1``}} at E OneWest Bank, FSB Case Number vs. 2010-5539 Meghan M. Girroir Known Heir of John N. Mushovic, deceased (et al.) SHERIFF'S RETURN OF SERVICE 07/05/2013 07:43 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Unknown Heirs, Successors, Assigns, and All Persons, Firms, pursuant to Order of Court by"Posting" the premises located at 160 Stonehouse Road a/k/a 166 Stonehouse Road Lot, Dickinson Township, Carlisle, PA 17015, Cumberland County with a true and correct copy according to law. 07/05/2013 07:43 PM -Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 160 Stonehouse Road a/k/a 166 Stonehouse Road Lot, Dickinson Township, Carlisle, PA 17015, Cumberland County. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Christopher Denardo on behalf of IndyMac Venture, LLC, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,192.65 SO ANSWERS, September 18, 2013 RON R ANDERSON, SHERIFF P G. sv Lip"' 41-0 67 6,9 (cj CountySuite St'enft,Te1eosatt:Inc.