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HomeMy WebLinkAbout10-6832SHAPIRO & DeNARDO, LLC -OFFICE BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 C = II!°. ??. C T t Q N 0 TA R Y DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 i?'. J u; # 7 'l LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 f? , C CCUHTY 3600 HORIZON DRIVE, SUITE 150 g YLV r A KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038548 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 10 - (p83a C?vi1T,p?rYlA Mark S. McCollum 716 2nd Street ; New Cumberland, PA 17070 Nancy D. McCollum 716 2nd Street New Cumberland, PA 17070 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. O 4qQ1.00 pa Cly 35104 0 x,50317 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 EWPORTANTES 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. 10-038548 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Mark S. McCollum c 1,n, 716 2nd Street ; New Cumberland, PA 17070 Nancy D. McCollum 716 2nd Street New Cumberland, PA 17070 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 8100 Nations Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Broadview Mortgage Company Mortgagor(s): Mark S. McCollum and Nancy D. McCollum (b) Date of Mortgage: September 26, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1925, Page 2133 Date: October 4, 2005 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: Broadview Mortgage Company Assignee: Regions Bank dba Regions Mortgage Date of Assignment: September 26, 2005 Recording Date: October 4, 2005 Book: 721 Page: 1769 Assignor: Regions Bank dba Regions Mortgage Assignee: EverBank Date of Assignment: February 12, 2009 Recording Date: March 9, 2009 Instrument No.: 200906689 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 716 2Nd Street, New Cumberland, Pa 17070 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit 1'13 5. The names and mailing addresses of the Defendants are: Mark S. McCollum, 716 2nd Street, New Cumberland, PA 17070 Nancy D. McCollum, 716 2nd Street, New Cumberland, PA 17070 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2010 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of October 16, 2010: Principal Balance Due Interest Currently Due and Owing at 6% From March 1, 2010 to October 16, 2010 Late Charges Escrow Advances Appraisal Fees Property Inspection Title Search Mortgage Insurance Premium Attorney Fees & Costs of Foreclosure TOTAL $133,539.05 $5,048.50 $238.56 $1,158.61 $350.00 $15.00 $250.00 $108.62 $5,000.00 $145,708.34 9. Interest accrues at a per diem rate of $21.95 each day after October 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C". 12. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. 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 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: BY: eg 77 - Attorneys for Plaintiff S & D File No. 10-038548 ROBERT °.'IEGLER ' OF GEM i "5 OCT 4 RM 9 11 j t PT%ww Sr BRMDVIM eyORTtiA= COWAM 95 X. WIL=N B"WR ROAD wRTHINGT W, OR 43085 600-342-7333 Rot= TO: BROAbV W NORTrURGfi COMPANY 98 E. f#new BRIDGN MAD 9}OEt'i'HIVOTON, Olt 43095 800-342-13 4 Pmvd Nader. 25-25-6-414 at a Aeatv9 Tft UK FK - rffA Gee NIL Co?wealt ofpeenrift=ie MORTGAGE 441-7712984-403 1035527 i7D9 MQR'I?G}A C'Seoalrity Ie>>rMament") is ?iveq asst 3apteeber 26th, 2005 , 4boMmiopria H"k 0 NoCalluM arvd Nptnc:y 0 McCollum,Uusbaod and Wife {"]iQtlONer"). 'llJla Seaedi Itttlesaaalt b to SHOd1DVIEtf e+lORTGAGE O MBAMY w" b agngimd lead cdd1 ft lndw flee lawn cC the state of Ohio ,sad iftoe addtap is 95 z:. WILSON BRIDGE HMV , WORTHIMTOMr OH 43085 (9Uaadwa). Ha rnmw own Loader *a prlex4W eaea of fte Hundred Forty Two Thavom d One flnndxad and no/100. DoMms(UAS L42,10D.00 ). 114 debt is eivideaeed by Harmwee a now axed the ton " w fbla Security Immana i eNWI whte!? ymidea ft moatbly pqmmmm, %4& the AM debt, if not pdd senior, "aced payable an October l of r 2035 . Thb $pe z ty Imtn eml m cum to Lmdaw, (a) t6 npnq mcm of the debt avldmodd by the Noh, with inrereat„ ad dl raiem&, ae,tfaeaifmt sad at0iUea llopa ottW 7" esaa[7woht Mrgrae • Alai 4%4p^)04rr1 VMPUww w a,awok lea. 06030294 BSI T 32,5FG 213 3 h a I I %# 1400 ftfi N a % W the p r y m d of sU vOw m a n s , w Q M w e r o m t advatwod OAdar pmgmph 7 t o 0 l i p p I the sootwhy Of WA ft" bW=dEq old Smuit N t 1P eaKvei' tb the Ladrr the Ebfiwxmd dow ribad pavprtty km w tat Cumberland CMW, PaAesyiVMW vkiah ho dw to *mw of 716 2nd street OMIT New Cumberland iclwi, Pamuyh mk 3,7070 V* CON (°Propaaq AddrW); TOGNIMR WPIiEI ail rite hmpmvoawits nary or heroa9er asdNnd on the pr*pmy, sad rU oramnmts. Vpu manom and fatures now or hms tw a prat of tM pro". All raplsamteatt sad aaddNons7,si A elm to covered by 06 snow ity lsdrumeoL Ail or dw foce?mU is refs, t0 to thu a7B ityyw=mm,w spy Mnr.,.w 11 BOMMM CMD A3M tint Borravmr is h"fnih? wired of dm mhu heaaby wm,%ad snd has the rlpht to aaArt M ?rattt and ou?wgr 69 xa0 M#y rod that the pmr b umnmwtbnA ertog,t ft eflerrahtartoer of M03FL &?trwnw vrasota nod wM dared you nib the tfe a to the Property spldrt rz alarms erd drnmdr, mbjm* to my onomgbttmaa of ttcOtd. TM MIMMM DUWFUAd1iM wobbtee wIfwn wvaxft !br n,rt;aW um cord wo enWo m coven b w dh llanbed VwIntiow by jorlsdkdm b awn*ute a aadtbrm soraW bmattmeot wywft raw praperty- bortnwes wd Lcxkr sovcmw ad agree n thltowr UNIFORM[ C OVENANM L Psynaert ad , In wwt and IAU 8ommw abali pay whorl duo tht?p irialpat ot; and it tercet art„ tbs MM wWenood by 4w Note and H40 drab twdw floc Nona, Z Mlotaq Paymmt or T=sse knotramee ttad t dmr Ckm1'dlt. Hosmaw ft U huhde in wA ago* p? tesathar with the p dm" cord intetatt rs set tbrlh to dte Neu mid aoy We dwwx4 e swn fbr n} ? and spotet area mmis lavied or hf be !anted wrdrbtrt the pr0party, (b) ksrdhold p wmmb or potatd rub on fha Ptopa w, and (t:) pwahms for huWAOM seq*W under VMS* 4. In er?y Yew is rt?idt The I.mcdes meet pay a itch p itt mote p dM io the Ssambe7 B atd r ?Ubsv r Saoveayak or in my yew k wMth ooh ptttew w+ouid fan bow 1eMdred V Lavkr 9awcaw Y ?oalrnmiat,t, oath Mori ty t AW alto in** adtltw. CO Cas so Ior tits va,awr m 'UK 1925PG2 t 34: enmtal pgwi p bmurenea prsakm to b0 pdd Lends to tiaa SeMPOINrYp or (10 6 MOIOlY *MP lasleod of 0 insunumm pmamt if floe Imbuwapt Is hold by flat Sawetary, b a naeoairbk ohnr? ?e Sarabry. am fieass In a umm wee de laeodned tcp M for be seem aillao -1her" Iimw and ibeeerrslo? we cam "0?rl'tit r Les'er , at any tlm k ,sheet rod Loll amesm for BICRW Mm Ia m IS O M not 1e dttcre' She W..tt that be ngt?trrd 03r DoHOlrer' 5 a? aooonnt?tlta Berl Bstiae Scdlom a iPmwdwm Apt of 19K 12 U.S.C. Seeder X601 d a :ad kW)Mw nft taSrlrtiaoe, 24 CM Part a they MV be rmumbd bam toot to time ("WA aeooepc sue us emMoa or raoerw p aphli by MWA fbt wAOdalpaled dhrb?reeenta m liei>srt dw Boaawd r p pmk to wdW* monoong Uu mama held by la be hbased r Benton NOW WOW tl#ta =own pmdVed WC Lessder eb011 aoadgnt a Berrvwer 0Or1hs aeoeee it+gde ea regobad by 1i WA. Inds mamm of Smde Wd by Lender ai rrq? time are ON atttffabrst to pep- tlq $eeeprv now Whets dm Lender mmy soft rite Borrower end tawtlre ltortrrww b melee V the U I by 1l?PA, The Becrow Fwrda aril pledSrd m addibiard the dl enaes r0oored by thts 9ourity tae ant. If Werower underr to Candor the ?dI paprmaut to euaa. llarcower a eoovuat ehrl' ba rrodliad witb the bdows ?emoI I fm all ftwf went knee (46 M. and (o) and new 3?4 ?ns?ntalt liswt I ardor lee mt beoopsa obliged to pay is dit 9 wdwY. and Leader droll proa?pdy mftd any MW tlrada eo Borrower. hot 'iwiy??y?e b r inreoloesua Bela ofTht oc tb. pdtitlats by Lander, Barrb7Na' a avvauat'Tali be a *&ftd vft wry bahsuoe r Ebr atl mane fat items (r}, (b). and (4 fodo x lie.uor of ptyate sm AU pryxcnix 'eater, prtaScephe I nod 2 AW be applied by Lnadrr to bb the =mm m p udum to ire paid by Larder do the Se dwy or to the marulsly ahuRo by the Scovolmy 4f fm moaft -I old i k pepa?eRh or '1ppyx round Tarts, and fir, food aaa d 011 leet?ICeprlle , Y 3eg11lrCd; 2bid to tetanal dna ItSIdeC ttul'lo1e: 1e1 Term atlop oi'OM of** WoW end W No oharw An ttndmr do Suir- 4. /ire, 11000 and OAee Hrsaed bwa m"L Borrower d"D Inrnre dl ltrgi mummb en the PropffW, aheBmr saw m alci,. ion or m mqumtly ?tMOted. qmhtd my bmirdy reetwf11% NW lea, boa nM *r "" Lendee requi ree'ntsrance; TV# hnarmas rl M be; meda4dned In flee WRrOURN and it)r tm periods tent Lamter mp bee. Dom mw *dl " tnsiorrr r1l Ierpraramg* on ties pro, V*Xoarrvm In aeieoraior a ewb0eg"ndy ateoled„ apbmt i{ws by Qoo& iota west rw6 krd by the imataty. Ait iellartsoa ehdl be raft',' vd& conga" ARPW d by Larder, 7% (dwtmfe pol{ebe ad eagr nmaaAOl dmm be mW by Lender and dmP Wade lou payable dam lu 8rror of. MA In s forts aooepoelsla tk Losdw ot _ pro? km if mot mm& poupth by Bamm ? lim" mrPA oompW rflfl--sod fe bare othed ad dirmo d to make peyatest Wr =61ols dheody to Lender. irrterd of to bartpwer isod to Lander Ail or any of tiro herranor promm" lorry ba L=ta, at its optkory OW (t) 10 *A pmet mdmlm 0rthe indabtedow uadar the wow and W01=by Thant. Met to ww ddingnent amotmra eppMA as Sn Order in pmpqh 9 wad dm m pe ml 16 neat ot priaaipai, or (b to do twkxtim or tepdr of the datsryed 1?ny eraion of the b d1e not ecteQd or paripopR the duo doe of the mc wbkh .re fo 10 Pfti)FfO 2, or dmp the m:onst of ands paysa?. My CSCge lurursum psvoeods ova rn mood rr pked la p W all oubttaft lndebasdrm uasdar tea Nets and that Bowky 7aaa at droll be paid 10 flan eaddtY hwft arm Oem at . mw,t?- ?fAc- PAI pawl nPa r s k" 8K-; 925 PG Z 135 In go e+m of tbmdas>me of Idle smwft wwommaj a odw lrsrutr of lido to dm Pmpwty did odnBiddise do btddr &mmN ell ftK We and bwW of a4rmwer is tad to inearwa POrPc a in brae ddI put m tie panodefle. I q.,e paSe??, , PS+e•erm*my A1eYlwMree sat lwiwtNe. at at h.pat" sorrewwa to& Appil atbai LeeifebWft fila eMa don ooeap{y. o?Yin l um the n bartomfr'a peb*d eeaedamos vAddn 16atr 6" slur the armmmi issis aw mmet ( sw deya of a Ides seta cr trmsIer of do Prgprs?r) end #A oced uve to oompy On 1!5eeperq? as Borr~s pftdpd raeadenas for It lout an yew slt? the deft aPood" o. m+len I.eo?er Md?siinoe fhd regotnan nk an'll akum wdee Im Air rrevfar. w nab= waimmt dfammisa es toad MAfioh we brjwd Bonames wmn3 shill notW Leader at mW BeetaNa a mn sat eeirw A waft or dutroy, d mmr or sabetaatiel allude flea at ellow the Ar wir to * -"r orat% or the h M Ju In dW%iL Lmida saty deice re?nable man to pro?tnet and TFIS v? Awk runt or ebendosal . BOMPOWet " Am be in dalke if Bom ' dMft- the ion Ra' s, 8efse of bummift laioomwm or stdo a to Lneder r WMA to provide La?dor YAM ? i?cta oee? is a mnactim wbb the loan midowm by *a Tialk kdwfiv& but not WOW b, am a? Horrewea if cc-OF of't to Plop" es a principal reddmoe. if tiff SWAY Iowni at is as a Borrewera wild im prtaleiraea ottlre loofa if Dwrower MOM Smtitle to the Pwprdty. dw b mwbdd and fin ' Ag not bo neeraad lamum L Aw apm to the maw to fem. (.'aadfMratioe. qu proooe is of ow wwArd or daha br demgm d rwt or ooamgtenthi it aaanectiadt wlb aley oead or a%w of wy put of On Peoperty, or for mavgaeee fn p ion of aou*muudaa6 no bmt ft and shstl 6e pfZd to Leudrr m tb edeat of tdw (D rrmoud of the lndeblmba chat a unpaid tinder tine Nato fad ibis gat uti Ine4tofavak Larder ehail apply fled prciarrda to the m&vdoee "iad"mdn n under dw rives tai tldf tiers AW InarUMGO, Z* es ray dellnqxm mwvxb spplied be ba order pra WW b p qrO ph 8, sodtit 1o prepeproA* of prtvd?• AW J"Vmfi n of so proceeds to do priiulpd fBaal oat edend a poe*M tw dut file of tbt moM* poymfat% wbieh m rdas:ad to is pasp ?. or EhIN49 An el}t at of such Any eotorm pvcmb Wwr an eeeotaet n*dead b pey W e the rlato and dds 8acrrhy d O be ar W Hill 1 m Bided titerelee. 7. Qaf/1a b?sQ+erlr M i,esAeess Alphfr fa an Barmwariftma pay ail gorasaaxaeml or um ioepal des gm fbeoe aid iiapfaidOaf flat " not i 2. Barmen aLetl dm obilpdnnr an Una dir w des tntlty wldd.I owed be ppPROd. ?to pq would ro Lareddy &a l sf?Wa S kd tirse m *Opeedy, apoa Lwdez' tvgm it Boecower *A PON% ty bizm K ilorrower tlWe to mdas am pqs or On by omgnpb 2, or it % io perlbon any cobar emmm df feed sBrammuls cm btwd WdkW 9wxW Imaimmud, or am if a loft mumefts tbet vw drooruly of of Lender's dgiffr lee the Pfopf v (umb as a Egme ft in b , fm aoadaafatim er eo a dbwe Im at reldnfomi), 2ft Lsudar mw do and -jW Nlleattsra it 21 1 So vWk3e of the Propmay and LmvWv In tbaPto mty bmbmft payment of 7feapeeary tsiole, b mi find often hoot mwOom d b paemaptih 2. Amy emoavla Obturad by LuAm medar ftjwv@nWb ebrli bsemaa an addat mw debt of 9oitcwer and be am" IW We g.,?.r? ]SosttutnwL Tina sbill boar kimeat ftm the ddo of -16-M IL- pay" dbbufferndnt: in thi NOW j and et to apt<oa OfL iofaedemety due and udose ft*wkmt ft.ca r iba difdiar®e roar Bea 6 "w tide SramitY Hurrorrert (s) rpraea is Mrtifiap m the p?? of *4 oblladws smz d by the tim is a mom= aoatpNbte to Lender; (b! eoiftfeta in paod A% the fins by, OF ee?h - ae?eaade<de o pm of ref Wn In, legal praerrdlais is the t m &e9 WrAos opaeate fa praas»t Ibe eabroonmat at *4 lfmi; or (o?sown 4W WA) Own ,rw `.e i rW??rl islI925K2136 s= dm bottler I f t1M Han am siplowd aatislbobcry to Landae .u os tbs rxa to this eooerity lnrlrwo.ue, StLcodw ddorbtir O blot test' pert of the h er- r 480 lljeol to a uro vthkh my aawin pri ft curt tit saoft boltwomt: I,eodbr spy glw Bonown a OWM ! the Uft 8OAMM dwm aetidy dbe snort" ace ar ware of the sdloos w4 ft* @t o" WINS to daps of the Zkft of nonce. d. FM tOAw soar ooueac bas and oberdas audbarised by the seaetety, 9. melt tier Awd.rs" of POL (a) bd m t: Loader tne?, ataeg % m tErdted by same dread by do SammhM In the care of iagrnn/ pgrmma In Ntl of all sums smired by ibis Secorhy payamt defm*4 tbm behumoti ( SWOwered dWkmbt by Wing to pay in bA mW modit pgtaeat wepired by this SOabele9 ]tea prior to ar an the doe dots of the neon uwa tr p ym t. or 01) >3WMwor cults by WINS far a pWiod of *bq dept, to pertbrm alty other aft-aim wotaia,d In ads $vbtatitp fSAMMML (b) Ado vtbNwel Cndd Appel. LaWw !belt, If psnrdtled by gvilcoble Lew (iaolodina Socdit 341(4) vt dm Cam-tat Ommmim. bepodtory I eMlaw Act of 19t3, 13 LI.S.G 170i}3(dp and wrist ft prior "d of da EGer vkwy, :sgaic» b mneelsbs PyUNW in M of all attms eeowred by this Seconty Trtstrtttdsnt it RAN or pert of on ft". or a baaotmlal idtecaet is a rant owaft MG or pros of to rvjPMty, b add or ahe+Mbs tr red {other tioft by deYlta or dew.at}, end (13) The Properly Is vol, aaggtied by the pmwhater or 0eat0es st Ws or her pe inarpat reddeaca; or the ptrahow or put= does ao ocouy In Property but bb w tear credit bw no bads is tomrdrms wlBt the rngdrergaets tithe SeoraObry. drown. if .most odour that world pxmk Laader to require Lmnw brie petrmast In i4 but L=uW does no mquire suck payromts, Lender does teat waive its tigf wtitt reepaet to (dy?R+a abdke r of MM Sssreftry. In song tiradnsngees raob iaw issu d by Ow Stlocstary will Brit La ds'r 4Sbl4 in to Case of peg?tneat dwWMI r. to require immedlate t bt fall end ltasoto o tf"paid This 8ocr2i>,r mdrmneet doss pot atd3reriae eooeleratioe or foreoiosbuo If not prmRted ref rsiardnrta o[ aba 8e?st+.7 (o) MorlpSe Not Insorsd. Docrorie r woes do If We Secority bubo ned and the Nate are not ddetmiaad b be diWe 1bt iaswmw =der ties Noloasl )!lasft Act within W dais atom the date horcoC Unrlee mW, at lb o9tloe4 ngvire bm= a>ts pymset is till of all sums sacred by finis Besba;fpr Inaho m&L A wrMa datrmod of spy ad160elebed an of to Owdery dated milm neat to 60 days from flat aisle hwwe docilelteg to bum ft sawrity haw mtent and ttya Diets, altaa be dried coddudw proof of meh loatWWky. Wotvrlthsaa ft the Uv*e dtle option taay not be aeceraa by Larder wise the tbom?tilsbildy of innrramce 's solely rb eo Ixo6e I ihit n to rataft a moregags ItME roe Pwwiew to the Swcoy. lt?, jstatssesit. DoervNer hat a tight to be rainmteed if Leader bus regtdtad Inmtedlaps prb<yrateot In hell beoaoee of 9wow e s More to pair sa *aow t rice under do Nobs or this Soca y inrtrmrnwt, This Twd applies come atom &Mlttb m proosOSOP we bob*& To carts &0 lleettrlty ion, la wrewer "a eorr . is a sban ai as?oarer rggWred to brM6 banm gee' a aooorbt emsar?a Whub,g, to ttte w dw shag. me obitg of Hobromer =ft tibia ssO1T1t?r ltsttreubod, tioraoioecua votit and rarrogable tmd MOMMY amnrsaw Bees MW Imam 9aopw'ly seaoawtad wW the foroclasum Upon ratnstmeman by HOMMI, this 5eeu* bat vmm ad Ow oboa dbm tma it saes sballl Is shiest as if Latder had not Pelbived lonnedde pgmdot In faL Aownw, Lender is oot roqu{ral to pier edrrp whWndthin TWO yaeora i preoed ao atmmnabt? ? f?? 4Wntral er,en k, rim OKI 13 2 5-PG 2.13 7 ymmuh in do Wom igNaftmm WM ?y alx *tbm ii?r d 6o 00 pealed ? alko ftrummmik IL sornmw Not INWowd; IN - 6 - & am By LoWw Nnt a Wnl o % BMmion of its tim of p?eeot br mmigoolkn of ttmaci[s - ottltp ? soomad ihi Ill InitblNeisnt iR- lp? L+endar is mry s oeeNCr in inwea of amwim Mall not apatbb VANN ex 1 dtlltj? Otto cvpd Hotr mor or Horrawer's souawm kt botaes irarider titrli not tm regdcad m oon?.nos any macesmr its iaaoreoe or reilne to odmd Um for MUM or olbarwta? tmdHV aRSecds else wets ssmod by dam smwity lmieeaelspt by beacon of met doomd tnodo W the ot? 16veowor or Boe mvw a suoomm b lamsedt Aet;? lbebaratioe by I kr in at dit tray ZW or seedy AMR slot bo a vnivw of or, gh.dt tlsa abera A of mwTw w zvcl , 18. fheeeeeeara rod ANON ftwoo J" mW t><avasd I1rsbWq, C*-ft . The wv=v* end aSteessmds of ft Svnuity Inoue nmd sW bind mid beabllt the saoooness and ads= of Lmtdw and BWMWI,4 ommat tD Um pf of BOPVVA 's aeryp, m d 86fidu mis !Nail bs end saeys?l. My Borrovmr TAM die tidl? Sea?gr Lgrrnmt hot doat? rteL ettewls ft >•foie: a) is cost is $ owny aaly o mortaem ; ant! onp?sy *A BonowNrs i=w in the Peapb dy undW the urns of this SOM* lrak9 AM' (b) Is pat dtnoaagjt Eby ed 10 pay doe s mm . * by d& Sseerky I - p w-s N-; (0) ltd I =dm end any cow "caro"m Wft to satcnd, modliy. flbrbw or calm baps o mu done v4& nWd to to tassm ofd & Sotatrity?t oe floe 1Vote vritNgot that sms or m's coomo4 11 fl ed=i?Hllo doe, w DW06*m providod !or In this & o * ka m mat sail be S?vae hy delivertn8 It orit bd itret dace =R mdms appliasbla der ro%dm us of amAw matlsotL IU fts by mtlee sodas shill be the Addrsw yr asy cater a&kw 9e ,w dmigm I.ender. )hay tlotloe Lv Lendetr c gtm by lest clubs 1an'1 to I,oadm s a kkm shred 6wdd or my eddrm I.aoder "p" by notiroa to IxotftW. Arty notloe profiled fat hs tfds SNa wlW b*ummt SW ba danmod to lmro bm Sivas to B=T wor or LW w whoa Shmm as pmvlded In tbb PwW&* 14. oowtdo? Uw. mvmL-Mftrtyr. TI& 9=ft bobumaat dill be, mxmd by Federal law rood the lave of ft jt>< 3cdcn fin Mmoh an b km" bb the avded shot am provtdaa ee cbm of this swam* Itwkmmm t or the Me covedsapplk" iaw such aott>lid d M oat atlt?ct othor pco?ions of" DAM* Itsemaud or to lime wfe * Opt be ids o?et wlthogt tita ooollkdn8 pr -blow To ft essd then vmvwm of ft Sow* fodttsa cad red tl oWdo wo t dn d tabs mmaeabla. IS Bbmrorr AS Copy. Bon+owar da be Shm bate bmnbv and copy of tits Nato and of V& Socwhy Im 4Mt mm 14 Harardasr -%bMSM. Horaov?ur IM not COW Or PM* dte pa'MONO use. OWDS14 stew=s, or mk mN of my Hartnintm tSss dmmm en or k the IfrWwly. tornowsr s3d1 soot do, s w allow mym 4m to dk36 tlbs 1??oputty do is la rioh*a of uq &Wjvomsntd Lm. UO taw+o sovb sess IV b tbs MMM Hnmdors WbatmNm ate we romplerd bes?at?ppt *rriido to a? rmwmtw o d to moinu nww cribs p opw y. Baeov.e(b?r ftU praWdy Siv+e Lender vmtttw wdw of ww kw o& dohs, demrn, hftm& or RUr . 92% Swvil cad at RWMW IN pt "M pear fn?tflty Psopetty sad ssq' Ha®sdots oe >?rh+oessttssaat vtrlsids Bortpvfsr lhtr aetunl ]f 8att+NVret leatus. or is eWIM by EW go..rtNasstW a• tagpdrar4by rittfborif;?, tLst atnp?:Nnwvd or tateb"m of buoy Howdotm Sdit oa aim the prapetty Is "WWO6. Bwreivw tlsdl promptly taus bbl memsay mmom ad im Lt Wmwdw whb Law. As used In ft "WITh A $pbedti*W ere those s1lMiq m deli ad a! M* or ha m*m wbbataaom Lssr and ilea fidbwhm batbat<atoetcmli, kormene, ot" il?bls or tao?iN yokel!' '!I toRio --wise rod ? ua cotstdofitS mbmw or tbttae e, hood samoa6ti+?4 ma wial% As wtsod fit ft prreerrph 16,, ..1 WtiIm aws .,...r, Urn IKI 9 25 FG 2.13 8 113Nimm)mndl LmM me li ms faderrd laxis and bmRS rehta to ks1W. MW a ufflb Of 60 }Iii CtiOR vrl t ft PM" is 3001RCa that m?lfll prs,m.a t, )iC*I-UNWMM t70VW4AN & 8assawar AM Lnmda Av*W cow.... sod Wee am tbilorwc 7- Am%pame Qasb. go mwcr aoaaddood?y? ad uifer? !o L?der 101 w rats and caVma ofSPIN BCROW erstberimms Lamdar or Lander s atstats to collm & rao lad goad bto U diruats amob tramret pf ft l'r=• ply ilbs link 10 WMA of my IO:Deve ut bt ?K. prkw Lsmda+'s aotiae to Hotrwwr of Mn=mk >lmr war sbdl oaflmd and ste W all ma mad mmema of ft betnb or Lasiar smd 8artowae: 7bb amdpemmt Of raft a wyal tee m mlb?loid and mot m ? OM B?. b BotMW. ( dl maws msoaived by 9ortottar tAmII ba held by MOM lbrmrwr m trWu 1br baMOt of Leodt onuy to isa amned to to sar saauee I bV ihs M* mm (b) Lasal? WwA bs aa"" ' to odled wd racaiw mlt of tla roads of tim Property; sod ( tarot at the ProwV eha11 p w all raft dam and aq)dd to j etsda or Laulm's Mpm on Landm"s writlan dammed to dw umi t; Bmtower bee mg wuw W any pdha m1pu is t of Vw roars and has mat mmd will not perfatm any act ttsrt world prvrept Lmtder >}an ettetoleft Its 0*0 wider No pmredropk 17. Lmimr dvM mot bo rsq*ed b sayer qty teb eomhd of or nmdt+tdn fire ly bafowe ar vAw vb* nWm arbrameh to 06m war. Howmir. Lcodar or a judedeW appoh".maim de ea my s ee than 1. a bra. -1 A y; of =M sbriz and cmm or vatic argr ds imslt or imwetidma aay cows H& or ramftV of Latilf. by *a &=* hftvomW is pald bti AIL or mda olt6a ?ropergr eW) tdemiemtm wkan t* d* eegnced 13. Pkiden n pmada m II Lssbmr "%ohm Imromedmte Mynmt to fta =d*W P. Lmadar my lbsealmar fib $M ft Imttm'rmmmt by je mWW ? L' iadar sbmll bw NOW to NOW 60 MP? b "d y ha ? 4111 ? b 1116 Iw Pb l0, lmolttt G 6a1 If on I+eadam"a land IN do srmtify Yadvenmmt is am tty *4 parr 00 as gwmtmry rmgsmirsm tmmmmdWem milt tm fill tardsr Pane mps % do 9aasabry my bwsbe tlme ws11aa1 vwwr .! IBM to as MWO ymbft WWftsp revedmm " Act of 1"d C%M (l f>r.C. YMJ d of.) by PW&Mdbu ¦ bradmmms towttm daipm ld Oder the Act to aamm fimsdmaess amsl t¦ ilk. t. .r S/arsarq? of *27 ? m pro 1 wed Is so ARL M i bawhr dib ?rmm" i is or awrm =2 , rho* "an" appocob kW. 1A Wl«wm. Upon peynsmt of mil am sawed by tbis Swu* Letrq=K titii smidW t asd dim skate wmvqW Ad umiamim ad boxy ms vald After mch aeacttim m, Larder ftll deobargo std t1? SMNW balrunad vtWWA climapoto Hmrotrar. Uwmm m 44 l W vgr moor A 1 on ootM . M. iseta. Bottower, to the atiemt pwso,ped by opplcabio law, vmvas and r Amw mW wm or deba b iKa madiur to manse ibb SWURl? Ytmmetmntak amid bang yrddrme absr bmamtit of aay ptramnt or fithtrls laesemslapardo ift Bar MW of amoweoa. ems of Gm% aKenrptlam ftM fit, loyr and solo, ss- >?.mbs retloi. l OMW & lime to rainmaN puuvkbd br paagttlph 10 aball aeapd,* eoq b tba ooamaustrnmsreot of bid bg at s AWE t mmto or otW ado pug is thk 5amsrily IROIMML IL P*tsbam Maul It w prgL if Fay of dtt lobo tacmrW tdte Swz* bommw is lmtrt to f3ocratsvr to aoc ue title to to Pmnpsrty. dbte saattelb 1osomwt ahem[ be a pmrc}we tmney ZL Intstmmt llama Aflar dm?mmemt. Hotroywr arm tbt m iistewst 1`10 payable tit1R e= to MOM, ea du bb" or bi ao ROM of =m4 m btadogma sbdl be the rate pag?ab[e am dum b thm undw the Nora Al s (- wr. r .? • AAIM SK} g25P6Z 13-9 2. Rklm b " 389m iy lndr tm=L If aces or Warn Aden sm ww d W by Balower ad raoordod tnPdw W*ft 9ewshy WWOOaUL the ooyeoe M of =* snoh rid@r"bs bootpassdw t m and "maid aid soppimmt in GWAM nttg fwd aata.nno I of this &CAN* bamm m w if to tide(s) ircO"zwwRidtr ? Otla jvadi?j OoaToaBa UN RfiW Fr44GmdwAmdPayuwntRklmr H Alenaod Unk Dwmbpu? hider BY S1IC'a4m Bmow, emq* and sprs r tD the b ms one uhmd is tby spy =dis sny ridge(s) OmwAd by Bmrc%er tstd eacmdod wm k wftwssm //%d 4A zj4z, MCAD Haric .9 HowlI m am arm Nancy D lltmn .llenpne (W •Bohuw4w geerorwr (Sad} •8arroww tSMQ 43wmwsr M* (SMO Dwr4rr -oftob%W I"-4wAl pse7! res. t r s .1'15 2 SRG?- 144) COWOM WaALTH O$ VZM*M VAWL1, i???`ipc,!?.el tl County eat OR ft, 26th dW of 8rptWober 2005 . bdm vo, tbr ud off, pummWirappeffed Mark 9 MoCollua and Nanny 0 M©Collam Ca wbulte et 9:11idesm 11 , ?y dD Y wfy that tb$ carad address of the WWIIa-WLmW is 95 E, WilksoN saIDGt3 ROAD, WOBTBINGTON, OR !3085 Wiinm+ mw haw this 26th d4Yof 8aptembir 2005 Meat of ce„an 4jk4WAI pft1) Mpg e0 i M E'925f%2, rk.#. LEGAL DESCRIPTMN 716 gacmW $ttuet, New CWUbgr and ALL THAT CMTAIN lot or one of land attursne in 2w Bamuo of New Cumbadand, known as Loft Nos. 9 and 9 in Black "E" on Plan No. 2 of RowmaK recorded in the Recardees Offte M and for C=bal and Caawy in Plan Book 1 at page K more parch darly bounded and dwadbed n Hom to wit: SBGnG4W4 on t1w South A& of Sacund Street at a paint somy6fl" (75) feet diatm fora ft Soutbcaat emw of Saaond Street and WaadlarW Avmw thence in art F.wwdy &vcdon *eg SwAmd $tMd B$Y (50) foot W the Ilse dividing Lots Noe. 8 and 7:?? ftm nh wa dly aieg =U dbMS Hoc we hundred fate (I40) feet to Joan eatwa OW alo" said Jaraea A"=w iffty (50) filet to the dividing line betwm Lott 9 and 10; thaoRx Nuffinvaadly? alcog acid dividing Iine wn hutdrad fortj? (140) fut to Sacond $f ek the plaw of SIMU 1VING. HAVING U MUM ERECTED a lwp4tmy ftme'aad stnow dwellinS hax= known and numbered as 716 Secnmd Sfto, New Cumberland, Pc=ylvaNa. BEING THE SAME PkElIvURES widah Harper B. 9mdxy, Jr. and lto all a Sunday LMng Tnnt dated Samar 22, 1994. w Joint t=mtg with the 4* of mwvivorsl * by its decd dated Sq%cmbar 1,1998 and rooorded Sq*mbar 23, 1999 in the OtEoe of the Roaorder of Deads in and for C &vdand County, Pennsylvania, in Deed Bwk 185 at pw 955, grntttod and conveytd tWO Mark S. McCollum and Nancy D. McCollum, husband and wife. 6 Certify th's to be Mor-ded 1rl Cumberland County pA Rwo*r{er of Deeds Wit 52 51% -2 1 (12 NOTE FHA Case No. Multistate 441-7712984-703 612 2 7 d September 26th, 2005 1035527 [Datd 716 2nd Street New Cumberland, Pennsylvania 17070 [Property Addrewl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" ]Weans BROADVIEW MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Leader, Borrower promises to pay the principal sum of One Hundred Forty Two Thousand One Hundred and no/100. Dollars (U. S. $ 142,100.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the raze of six percent ( 6.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrowee s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument Protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on November lst , 2005 . Any principal and interest remaining on the first day of October , 2035 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 95 E. WILSON BRIDGE ROAD , WORTHINGTON, OR 43085 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U. S. $ 851.91 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the alonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge ?Other [specify] 5. BORROWER' S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the fast day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FEU Maldslate Fixed Rate Note - 10195 f -1 R tasot).oa VMPMORTGAGE FORMS •800)521-7281'??yy? G 1117 Pne 1 of 2 000*111- lumens: txhi mi It K s.4 FAILURE TO PAY -ge for Overdue Payments described in paragraph m not received the full monthly payment required by the Security Instrument, the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount .our percent ( 9 .00 %) of the overdue amount of each payment. a eat, then Lender may, except as limited by regulations If Borrower defaults by failing to pay in full any monthly pa of the Secretary in the case of payment defaults, require immediate payment in fall of the principal balance retraining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. in many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses Borrower to pay costs antl If Lender has required immediate payment in full, as described above, Lender may require applicable expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by app law. Such fees and costs shall bear interest from the dale of disbursement at the same rate as the principal of this Note. 7. WAIVERS t and notice of Borrower and any other person who has obligations under this Note waive the rights of presentmai dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. rider this Note will be given 8. GIVING OF NOTICES Borrower u Unless applicable law requires a different method, any notice that must be given to address above or at a different address if by delivering it or by mailing it by first class mail to Borrower at the property a Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lander at the address stated in paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 4. 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 Not der may enforce- its may righ be equnder uine this Note against each person individually or against all signatories together. Any one person signing this pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. // ;jV"Vj S lm `'Z (Seal) ! ( ) -Borrower Nancy McCollum Borrower Mark S McCollum (Seal) Wi MOM YTO THE ORDER OF: -Borrower RMONS BARK D RMONS MORTGAGE (Seal) BR 7MX,??7 Z71 V, .Borrower BY (Seal) drnltart -Borrower Assistant Secretary ® -t R (9601).03 rag. 2 or 2 0 _ (Seal) -Borrower (Seal) -Borrower Without Recourse, Pay to the order of (seal) -Borrower Regions Bank d/b/s Regions Mortgage By. ?d?& '? Katbf E. er, Banking Officer Ever d me MORTGAGE COMPANY 8100 Nations Way 111 111 1 1 11111 Jacksonville, FL 32256 7182 6389 3060 1626 0 017 Homeowner Solutions Group June 18, 2010 MARK S MCCOLLUM 229 NANCY O MCCOLLUM 716 2ND STREET NEW CUMBERLAND, PA 17070 Loan Number: 9000562240 Due Date: 04/01/2010 Property Address: 716 2ND STREET NEW CUMBERLAND PA, 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $1,125.37 was not made by you for the 04/01/2010 through current month's payments. The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $3,353.44 . You may cure this default on or before 07/18/10 by paying to us the above total amount of $3,353.44 , plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by 07/18/10 we intend to exercise the right to accelerate the mortgage 440 payments. This means that 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 full payment of the amount of default is not made by 07/18/10 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may 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 reasonable costs. If you cure the default by 07/18/10 you will not be required to pay attorney's fees. 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 by 07/18/10 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attomey'sfees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff's or other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE 1 OF 2 WOFWW.G03-10 b if "C?" You should realize that a Sheriff's or other similar official'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 or other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE 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, 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the 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 times in any calendar year. Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 Y EFOF5BMCPR-10 ^ + Eve nam MOPTOAOECOMPANY 8100 Nations Way 111 111111111111111 Jacksonville, FL 32256 7182 6389 3060 1626 0024 Homeowner Solutions Group June 18, 2010 NANCY O MCCOLLUM 2" MARK S MCCOLLUM 716 2ND STREET NEW CUMBERLAND, PA 17070 Loan Number: 9000562240 Due Date: 04/01/2010 Property Address: 716 2ND STREET NEW CUMBERLAND PA, 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $1,125.37 was not made by you for the 04/01/2010 through current month's payments. The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $3,353.44 . You may cure this default on or before 07/18/10 by paying to us the above total amount of $3,353.44 , plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by 07/18/10 we intend to exercise the right to accelerate the mortgage payments. This means that 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 full payment of the amount of default is not made by 07/18/10 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may have to pay the reasonable attomey'sfees 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 reasonable costs. If you cure the default by 07/18/10 you will not be required to pay attorney's fees. 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 by 07/18/10 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attomey'sfees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff sor other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff s or other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE 1 OF 2 EFWSSMCPM-10 You should realize that a Sheriffs or other similar official'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 Sheriff s or other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE 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, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'SFEES 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 RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the 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 times in any calendar year. Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 EFO 5BMCPQ-10 EverHome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Homeowner Solutions Group June 18, 2010 MARK S MCCOLLUM NANCY O MCCOLLUM Loan Number: 9000562240 716 2ND STREET Due Date: 04/01/2010 NEW CUMBERLAND, PA 17070 Property Address: 716 2ND STREET NEW CUMBERLAND PA, 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $1,125.37 was not made by you for the 04/01/2010 through current month'spayments The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $3,353.44 . You may cure this default on or before 07/18/10 by paying to us the above total amount of $3,353.44 , plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by 07/18/10 we intend to exercise the right to accelerate the mortgage payments. This means that 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 full payment of the amount of default is not made by 07/18/10 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may 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 reasonable costs. If you cure the default by 07/18/10 you will not be required to pay attorney's fees. 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 by 07/18/10 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff'sor other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff s or other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE 1 OF 2 EF0Fl7MCP/2-10 9 1 You should realize that a Sheriff's or other similar official'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 Sheriff s or other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE 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, 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the 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 times in any calendar year. Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 E CWMMCP02-f0 EverHome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Homeowner Solutions Group June 18, 2010 NANCY O MCCOLLUM 215 MARK S MCCOLLUM Loan Number: 9000562240 716 2ND STREET Due Date: 04/01/2010 NEW CUMBERLAND, PA 17070 Property Address: 716 2ND STREET NEW CUMBERLAND PA, 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $1,125.37 was not made by you for the 04/01/2010 through current month'spayments The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $3,353.44 . You may cure this default on or before 07/18/10 by paying to us the above total amount of $3,353.44 , plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by 07/18/10 we intend to exercise the right to accelerate the mortgage payments. This means that 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 full payment of the amount of default is not made by 07/18/10 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may have to pay the reasonable attomey'sfees 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 reasonable costs. If you cure the default by 07/18/10 you will not be required to pay attorney's fees. 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 by 07/18/10 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff'sor other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff's or other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE 1 OF 2 EFORTMCP4-10 + 4 6 r You should realize that a Sheriffs or other similar official'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 Sheriff s or other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE 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, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'SFEES 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 RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the 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 times in any calendar year. Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 EverBank v. Mark S. McCollum and Nancy D. McCollum VERIFICATION The undersigned is Assistant Vice Presidenbf EverHome Mortgage Company on behalf of EverBank 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. EverHome Mortgage Company on behalf of EverBank A t e: E. Michele de Craen Title: Assistant Vice President Company: EverHome Mortgage Company 10-038548 SHERIFF'S OFFICE OF CUMBERLAND COUNTY <-^, Ronny R Anderson Sheriff ? c, at ub :i Jody S Smith r 'y' Chief Deputy G c a .' Richard W Stewart Solicitor OFFICE OF THE SHERIFF EverBank Case Number vs. 2010-6832 Mark S. McCollum (et al.) SHERIFF'S RETURN OF SERVICE 11/02/2010 08:16 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 2016 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark S. McCollum, by making known unto himself personally, at 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and corr t copy of the same. 11 Ad A PA LA ?.J AMANDA CO AU , DEPU 11/02/2010 08:16 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 2016 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy D. McCollum, by making known unto Mark S. McCollum, Husband of defendant at 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. dA AL, a - mil/A 411\U1 -(WVLALJ4- -?- AMA DA COBAUGH, DEPU 11/04/2010 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 716 2nd Street, New Cumberland, PA 17070, 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 716 2nd Street, New Cumberland, PA 17070 is only occupied by Mark and Nancy McCollum, Husband and Wife. SHERIFF COST: $80.30 November 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj Coun±y&Ae Shenff. Teleosoft . Inc. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038548 EverBank PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-6832 Mark S. McCollum and Nancy D. McCollum DEFENDANTS Co CZ7 _7X PRAECIPE TO SETTLE, DISCONTINUE AND END "'?? --"n r-- v ea cz) ' 3C D TO THE PROTHONOTARY: rv CDc Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENbEJ', without prejudice. SHAPIRO & DeNARDO, LLC BY. Les it e J. Rase, Esquire Attorney for Plaintiff NO: 10-6832 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038548 EverBank PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Mark S. McCollum and Nancy D. McCollum DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End 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: Mark S. McCollum 716 2nd Street New Cumberland, PA 17070 Nancy D. McCollum 716 2nd Street New Cumberland, PA 17070 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff