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Home My WebLink About01-2100MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 19982, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES 725 N. REGIONAL ROAD GREENSBORO, NC 27409 Plaintiff VS. DEBRA DEE REED 119 YORKSHIRE DRIVE MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CHESTER COUNTY No.- CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaimiff. 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. COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 1-717-240-6200 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: $I-IAl~Ob/ORA$1VIORGA~, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 STEE FOR THE Ah4REsco RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES 725 N. REGIONAL ROAD GREENSBORO, NC 27409 Plaintiff VS. DEBRA DEE REED YORKSHIRE DRIVE MECHANICSBURG, PA 17055 Defendant(s) CUMBERLAND COUNTY NO.° CIVIL ACTION MORTGAGE FORECLOSU~ COMPLAINT 1. Norwest Bank Minnesota, National Association, as Tgmstee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the pooling and servicing agreement dated as of June 1, 1998 c/o Wendover Financial Services (hereinafter referred to as "Plaintiff") is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Debra Dee Reed, mortgagor hereinafter referred to as ~etenclant and WMC Mortgage Corp. Said Mortgage is dated November 19, 1997 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumber/and County, Pennsylvania on December ! 0, 1997 in Mortgage Book 1421, page 276. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit 2. Said Mortgage was subsequently assigned as follows: a. to Norwest Bank, Minnesota, NA, as Trustee for Amresco Residential Securities Mortgage Loan Trust 1998-2, under the pooling and servicing agreement, recorded on May 30, 2000 in Book 645, page 240. Said Plaintiff is the proper party plaintiff herein by way of assignment. 3. The Mortgage secures Defendant's Note dated November 19, ! 997 in the amount of $78,000.00 payable to Plaintiff, with an adjustable interest rate. A copy of said Note is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 1 ! 9 Yorkshire Drive, Mechanicsburg, PA ! 7055 A copy of the legal description is attached hereto and incorporated by reference. 5. The Defendant(s), Debra Dee Reed is the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is ! ! 9 Yorkshire Drive, Mechanicsburg, PA 17055. 6. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to April 5, 2001 Late Charges Property Inspection Fees Appraisal NSF Charges Attorney Fees (5% of Pr/ncipal Balance) Total $ 77,168.50 $ 12,084.35 $ 293.64 $ 31.00 $ 100.00 $ 20.00 $ 3,858.43 $ 93,555.92 plus interest from 04/06/01 at $28.54 per day, costs of suit and attorney fees. 7. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose Mortgage is not required in said proceeding as the bona fide consideration is in excess of $50,000.00. A Notice of Homeowners' Emergency Mortgage Assistance was sent to the defendant by regular and certified mail on November 16, 2000. A copy of said notice is attached hereto and made a part hereof as Exhibit "C". The Defendant has not cured the default. WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff' s favor and against the Defendant, in the sum of $93,555.92 together with interest from 04/6/2001 at $28.54 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER B Y' Shar0r~-O}as' M~r~'fin; gs~uire #60068 00-55264 VERIFICATION I, ~/~~ t)'$ ~' )~ ,state that I arn the' Vice President of Wendover Financial Services Corporation, servicing agent for l/or~e.s.t 1~ ..a~ Ktnnesota, et al. · Plaintiff herein; that I am acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of my knowledge, information and belief; that this statement is made subject to the penalties of 18 Pa.C.S. section 4904 relating to the unswom falsification to authorities. Vice President PAGE. 02 When Recorded, Mail To- WMC MORTGAGE CORP. (EQUITY SERVICES) 6320 CANOGA AVE, 7TH FL, TR-790 #720 WOODLAND HILLS, CA 913 67 Parcel Number: ' ~ [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instnunent") is given on I~OVF,~ER 19, 1997 DEBRA DEE REED, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY ('Borrower"). This Security Instrument is given t~tMC MORTGAGE CORP. · The mortgagor is which is organized and existing under the laws of CALIFORNIA , address is p.O. BOX. 5 408 9 , and whose LOS ANGELES, CA 90054 ("Lender"). Borrower owes Lender the principal sum o! SEVENTy EIGHT THOUSAND AND NO/100 Dollars (U.S. $ 7 8, 0 0 0.0 0 ) This debt is evidenced by Borrower's note dated the-same date as this Security Instrument ("Note"), which provides fo: monthly payments, with the full This Security Instrument securesdebt' if not paid earlier, due and payable oDECEMB~R 1, 2027 extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 t~ to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under thi Security Instrument and the Note. For this purpose, Borrower does hereby mort§age, grant and convey to Lender the followinl described property located in CUHBERLAND County, Pennsylvania LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND KNOWN AS EXHIBIT "A". which has the address of 119 VOnk:S#tnE DRZVE, HECHANtCSBURG Pennsylvania lzoss P~NSYLVANlA.Single Family-FNMAiFHLMC ~ip C~c] ( "Property Address'); ~ UNIFORM INSTRUM~T Form 30 ~-6R(PA) (s4~oj o~ _ ~ 9190 · ~mena~ 5/91 VMP MORTGAGE FORMs . (800)521-729 [Street, Cit} TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Securil Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. - BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the fight to mortgag~ grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrant=, and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform variations by jurisdiction to constitute a uniform security instrument covering real property, covenants with limite¢' UN/FORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of 'PHncipal and Inter · . principal of and inter ' . est, Prepayment and Late Cha es ' ' est on the debt evidenced by the Note an ....... rg . Borrower shall nm ,,,~ ...... d ,,y p~payment and ~,,,--..,.- - ,- m.~,,,y pay when due 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay -..,,~ ,.-arges due tmcter the Note. Eender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxe: and assessments which may attain priority over this Security Instrument as a lien on the Property; Co) yearly leasehold payment., or ground rents on the Property, if any; (c) Yearly hazard or property insurance premiums; (d) yearly flood insurance premiums if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance witl the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items.' Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federail.~ related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act o 1974 as amended from time to time, 12 U.$.C. Section 2601 et seq. ('RESPA'), unless another law that applies to the Fund sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fUtur, Escrow Iten~ or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entir (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay th' Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, o verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make suc! a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting $ervic used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made o applicable law requires interest to. be paid, Lender shall not be required to pay Borrower any interest or earnings on 'the Funds Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which eac; debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrowe for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at an' time is nOt sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrowe' shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more tha twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower an Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sa/ of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured b this Security Instrument. ;3. Application of Payments. Unless applicable law provides otherwise, ali payments received by Lender under paragrapl: I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Pt'open which ma)- attain priority over this Security Instrument, and leasehold payments or ground rent$, if any. Borrower shall pa these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direct! to the person Owed payment. Borrower shall promptly fiimish to Lender ail notices of amounts to be paid under this paragrap! If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees i writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lie by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent ti enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien. this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority ov, this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one ¢ more of the actions set forth above within 10 days of the giving of notice. O®'6R{PA) (s4~ o).o~' Page Form 3039 Irdtlala:~ 1008957 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tht Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, includin! · floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the perioc~ that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approva which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, I~nder may, at Lender' option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lende shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts c paid premiums and ren/~wal notices. In the event of loss, Borrower shall give promp[ notice to the insurance carrier and Lende~ Lender may make proof of loss if not made promptly by Borrower. Len So ro erin pro, . ~, ,~y uamagea, ~t tl~e restoration or repair is economically feasible and Lender's security is not lessened. If ~he restoration c repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sun:. secured by this Security Instrument, whe~er or not then due, with any excess paid to Borrower. If Borrower abandons th Property, or does not answer within 30 days 'a notice from Lender that the insurance carrier has offered to settle a claim, the Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay su~ secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend ¢ postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. under paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds resulting fro~ damage to ~he Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrume~ immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of' the Property; Borrower's Loan Application; Leasehold., Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year aft~ the date of occupancy, unless Lender o~erwise agrees in writing, which consent shall not be unreasonably withheld, or unle,, extenuating ci~;cumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeitu~ action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of tt Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest..Borrower m~ cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a rulir that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other materi impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or faih to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limit~ to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Securiiy Instrument is on leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, leasehold and ~he fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in/he Property. If Borrower fails to perform the covenants and agreements contained this Security Instrument, or there is a legal proceeding that may significantly affect Lender's fights in the Property (such as proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do pay for whatever is necessary to protect the value of the Properly and Lender's rights in the Property. Lender's actions n~ include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, payi~ reasonable attorneys' fees and entering on ~he Property to make repairs. Although Lender may take action under this paragraI 7, Lender does not have to do so. · Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by ti Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesti~ payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Secug Instrument, Borrower shall pay the premiums required ~o maintain the mortgage insurance in effecl. If, for any reason, t mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required obtain coverage .substantially equivalent to the mortgage insurance previously in effect, a~ a cost substantially equivalent to cost to Borrower of ~he mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. subsianiially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal one-twelfth of the yearly mon§a§e insurance premium being paid by Borrower when the insurance coverage lapsed or ceased be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reset (-6R(PA) cs4~o~.o~ Form 3039 9/ Page 3 fairly/s: payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of c°~dc,mation, are hereby assigr~ed shall be paid to Lender. · . In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the'fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this 'Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total mount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the mount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and 'Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for' payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any fight or remedy shall not be a waiver of or preclude the exercise of any fight or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender'and any other Borrower may agree to extend, modify, 'forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan ~Ch .m'g. es. If the l_oan secured by this Security Instrument is'subject to a law which sets maximum loan charges, and that law is ~mally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the mount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note 0r by making a direct payment to Borrower. If a refiind reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under.the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declare~ to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Form 3039 9/9C (~-6R(PA) c9410).0! .Dig* 4 Ore lnJtJ,~:~ 1 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this 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 delivered or mailed 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. 18. Borrower's Right to Reinstate. If' Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instmmeat discontinued, at any time prior to the earlier of: (a) $ days (or such other period as applicable law may specify for reinstatement) before sale of the' Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would b~ due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) tak~ such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's fights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. UpOn reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this fight to reinstate shall not apply in the case of acceleration under paragraph 17. 19, Sale of Note; 'Change of Loaa Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result ia a change in the entity (known as the "I.~,an Servi,cer") that collects monthly payments duc under the Note and this Security Instrument. There also may be one or more cnanges or- the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law, 20, Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecthig the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. · Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other, action by any governmental or regulatory agency or'private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any H~dous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located tha~ relate to health, safety or environmental protection. - NON-UNIFO~I COVENANTS. Borrower and Lender further covenant and'agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach o! any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherw~e). Lender shall notify Borrower of, among other things: (a) the default; (b) the actio~ required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified ma) result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of th( Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the riot to assert la th( foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. II the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured b) this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21., including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this security Instrument and the estat( conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrumen' without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceeding: to enforce this Security Instrument, and hereby waives the benefit of any present or furore laws providing for stay of execution extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to .reinstate provided in paragraph 18 shall extend to one hour prior to th( commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument'is lent to Borrower to acquire tiff( to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Not( or in an action of mortgage foreclosure shall be the rate payable from time to time under the No{e. d~-6R(PA} (s41o].ol Page 5 of 6 Form 3039 919¢ Initials: ,'~~ 117. Riders to this Security Instrument. If one or more riders are .executed by Borrower and recorded wgether with this · Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and sUpPlement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [~_ 1-4 Family Rider ~ Adjustable Rate Rider ~ Condominium Rider ~ Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Rate Improvement Rider Second Home Rider [~ Balloon Rider [~ Other(s) [specify] [~ VA Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wimesses: (Seal) - -Borrower .Borrower (Seal) -Borrower (Seal) -Borrower COMMO~ALTH OF PENNSYLVANIA, Ors ~b, the I q~-lq day of H personally appeared ~~'~~... ~/~/~ · County ss: , before me, ~he undersigned officer, known to me (or sat. isfactorily proven) to be the person whose name ~ subscribed to the within instrument and acknowledged that executed the same for thc purposes herein contained.. ........ al Jt-~-~ IN WITNESS WHEREOF, I ' -' Notanat ~ea, ' My Conu~ssion Expires: i Lisa E. latamontt, Notary Put)tic Swatara Twp., Dauphin County k... ' ...t ~-~.:,n~v~,:an~a Association of No Page 6 o! 6 Form 3039 919 1008957: (LIBOR Index Rate Caps) ' ' .. 5 .'. ,; .......... ~ ~'~""' '~.°,,n,.~ .,... ,. . THIS NOTE CONTAINs PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE ! MUST PAY. NOVEMBER 19, 1997 [Date] HARRISBURG [City] PENNSYLVANIA [State] , 119 YORKSHIRE DRIVE MECHANICSBURG, PA 17055 [Prope .rty Address] , 1. · BORROWER'S PRO1VHSE TO PAY .. · In return t'or a loan that I have received, I promise to pay U.S. $ '/8,'0 0 0 "0 0 "p.rincipal"), plus interest, to the order of the Lender. The Lender is WMC MORTGAGE CORP. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitle to receive payments under this Note is called the "Note Holder." 2. INTE~ST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearl rate of ! 0.7 4 0 0 .%. 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 an default described in Section 7(B) of this Note. (this amount is calle 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 JANUARY 1 ,19 9 8 .I will make these payments every month until I have paid all of the principal and interest and any other charges described belox that I may owe under this Note. My monthly payments will be applied to interest before principal. If, o~ DEC~VzBER 1 ,20 2 7 , I still owe amounts under this Note, .I will pay those amounts in full on tha date, which is called the "Maturity Date."" I will make my monthly payments at ~. O. BOX 5 4 0 8 9 LOS ANGELES, CA. 90054-0089 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ change. 727.53 . This amount ma,~ (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 taus pay. The Note Holder will determine my new intercst rate and the changed amount of my monthly payment in accordance witt Section 4 of this Note. 4. INTEREST RATE AND MON'I'~y PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of DECEMBER , ! 9 9 9 , and on that day ever) sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." CB) 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 ~e London market ("LIBOR"), as published in The Wall Stree~ Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month ir. which the Change Date occurs is called the "Current Index." If' th~. fnrl~.v ie nn lnno~r .x;~ilgkb. th~ NTntA l-l'nld~r ~;11 -knnen o n,~.t ;,,,4,,v thef ;o koe~4 .nn. ~nmfl,~-,~klA ;-~'n,'v~,~f;n,., · The N(,te Holder will then determine thc amount of the monthly payment that would be sufficient to repay the unp~t principal tha~ I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in subst;tntially equ payments. TI~e result of this calculation will be thc new amount of my monthly payment. (D) Lindts on Interest Rate Changes 1. :~ 7400 ' Thc int,:rest rate I am required to pay at thc first Change Date will not be greater than · ' ~. 0. '/400 %. Thereafter, my interest rate will never be incrcas~ or decreased on any singl or less than Change Date by more than one pcrccnta§c point (1.0%) from thc rate of interest I have been paying for thc preceding si months. My interest rate will never bc §rearer than :1.7.2 4 0 0 % or less than Z 0. ? 4 0 0 %. . (E) Eft,:ctive Date of Changes .. "- My ne~/interest rate will become effective on each Cha~gc Date. I will pay the amount of'my new monthly paymcs be§inning on thc. first monthly payment date after thc Change Date until thc'amount of my monthly payment changcs again. · · (F) Notice of Changes ' - .' ' The Note Holder Will deli.vet or mail to me a notice of any changes in .my intcrcst"ratc and the amount of my monthl payment before thc effective date of any chan§c. Thc notice will include information required by law to be given mc and als thc title and telephone number of a person who will answer any question I may have re§ardin§ thc notice. ~. 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 . · "'prepayment." When I make a prepayment, I will tell thc 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 usc of my prepayments to reduce thc amount of principal that I owe under this Note. If I make a partial prepayment, there will no changes in thc duc dates of my monthly payments unless thc Note Holder a§rccs in writing to those changes. My partil prepayment may reduce thc amount of my monthly payments after thc first Change Date following my partial prcpaymcn! However, any reduction duc 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 thc interest'or othe loan charges collected or to be collected in connection with this loan exceed thc permitted limits, then: (i) any such loan charg, shall be reduced by thc amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected fi'on .mc which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducin§ th, principal I owe under this Note or by making a direct payment to mc. If a refund reduces principal, thc reduction ~'ill bc treatc~ as a partial prepayment. ?. BORROWER'S FAILURE TO PAY' AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received thc 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 bi 5.0 0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptl,. but only one'. on each late payment. . (B) Default If I do ~ot pay thc full amount of each monthly payment on thc date it is due, I will be in default. (C) Nol ice of Default · · ' If I am in default, thc Note Holder may send mc a written notice telling me that if I do not pay the overdue amount by certain date, the Note Holder may require mc to pay immediately the full amount of principal which has not been paid and thc interest I hat I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered mailed to me. (D) No Waiver by Note Holder Even il', at a time when I am in default, the Note Holder docs not require mc to pay immediately in full as dcscribcc~ above, the Note Holder will still have the right to do so if I am in default at a later time. CE) Payment of Note Holder's Costs and Expenses If thc Note Holder has required mc to pay immediately in full as described above, thc Note Holder will have the right t¢ be paid back by me for all of its costs and expenses in enforcing this Note to thc extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 10. WAIVERS I and any other person who has obligations under this Note waive the fights of presentment and notice of dishon¢ "Presemmcn~" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" mca the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some iurisdictions. In addition to the protections given to tl Note Holder under this Note, a Mortgage, Deed of Trust or Security D~ed (the "Security Instrument"), dated the same date · this Note, protects the Note Holder from possible losses which might result if I do no~ keep the promises that I make in th Note. That Security Instrument describes how and under wha~ conditions I may be required to make immediate payment in ft .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 it sold or transferred (or 'if a beneficial interes~ in Borrower is sold or transferred and Borrower is not a natural person) witho' Lender's prior written consent, Lender may, at its option, 'require immediate payment in full of all sums secured by th Security Instrument.. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the da of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lend, information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and 0 Lender reasonably determines that Lender's security will not be impaired by the loan azsumption and that the risk of a breach ~ any covenant or agreement in this Security Instrument is accePtable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent :o ti' loan assumptian. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender m~ :l th~ obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower wi continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of accelerafior:. ~ . notice shall provide a period 'of not less than 30 days from th~ date the notice is delivered or mailed within which Borrow~ must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this pcrio(: Lender may invoke any remedies perry, itted by this Security 'Instrumcm without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ..-=----.____ (Se~) -Borrower (Seal) -Borrower _ (Seal _ ___.._ (Seal -B~rrowc [Sign O, iginat Only. JOHN C. lvmJ]_~P,, III NATALE G. SAVASTA· STEVEN H. FINKELSTEIN~ DELLA A. CLARK # PAUL D. AARONSON -MICHAEL J. ME, STEAD + HELENE B. RAUSH ERIC: L,o METH SHARON ORAS MORGAN ELISE N. LAZARUS MICHAEL $. KENNEDY LYNN M. BOWLBY~ PINA S. WERTZBERGER MELANIE J. THOMPSONq~ DAN C. PELLETIER+ MEMBERS OF THE NJ & PA BARS · NJ & FL BARS * PA BAR ONLY + NJ BAR ONLY ~ PA&DEBARS # NS, PA&DEBARS ~ NJ & NY BARS q~ DE BAR ONLY M_ATTLEiVLA , WEINROTH & M LLER A PROFESSIONAL CORPORATION COUNSELLORS AT LAW PLEAS~ ~¥ TO: OUR ~ No.: November 16, 2000 ACT 91 NOTICE OF COUNSEL GEORGE J. WEINROTH HERMAN MA~* DOLORES M. BOJAZI JOHN O. MULFORD~ GERALD J. PROFFITTa PHILADELPHIA 291/55264 TAKE ACTION TO SAVE YOUR HOM-E FROM FORECLOSURE ..This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER's MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the pmglmm work~ To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin.q A.clencv _ _ _ The name, address and phone number of Consumer Credit Counseling Agencies servine your County are listed at the end of this Notice. If you have any questions, you may call-thc Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaim'd hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, 401 ROUTE 70 ~ CHLqUtY I-IR.L, NBW JERS~ 08034 T~: (856) 429-5507 FAX: (856) 429-9036 LAND Trr~ BU[LDn~G Surfs 2226 BROAD & CHHSTNUT STREETS PHILADELPHIA, PENNSYLVANIA 191 i 0 TilL: (215) 923-2225 FAX: (215) 567-4151 200 CobrnNENTAL Dpav~ Surrn 211 NEWARK, DELAWARE 19713 TEL: (302) 731=8349 FAX: (302) 731=8753 ! 135 BP, OAt)STREET, Sutr~ 207 C[.an~N, NEW JERSEY 07013 T~: (973) 365-6140 FAX: (973) 365-6143 November 16, 2000 Page 2 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your ama. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO -A CONTINUAR VlVlENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PAR~ UN PRESTAMO POR EL PROGI:~M^ LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE I~ PERDOD DEL DERECHO A REDMIR SU HIPOTECA HOMEOWNERS'. NAME: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Debra Dee Reed 119 Yorkshire Drive Mechanicsburg, PA 17055 2210276 Amresco Residential Mortgage Corporation CURRENT LENDER/SERVICER: Norwest Bank Minnesota National Association, as Trustee · for the Amresco Residential Mortgage Loan 1998-2, under the Pooling and Servicing Agreement dated as of June 1, 1998 cio Wendover Financial Services. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMF FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGF 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 CI'RCUMSTANCES 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 FORECLOSUR~= - 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. 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 TH___ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR F:MFRGFNCY MORTGAGE_ ASSISTANCF, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE. YOUR MORTGAGE DEFAULT"/EXP! AINS HOW TO BRING YOUR MORTGAGE UP TO DATE. November 16, 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise -your lender Lmmediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .. y, . . set forth later in this Notice (see · _ _ou.r m. ortgage ~s m default for the teas , following pages for specific ~nformation about the nature or y°o~Sr default.) If you have. tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FO MAY_PROCEED AGAINST YOUR RTH IN THIS LETTER, FORECLOS MO HOME IMMEDIATE UAE RTGAGE ASSISTANCE WILL BE DENIED. LY AND YOUR APPLICATION FOR AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility 'criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly.by the Pennsylvania housing Finance Agency of its decision on your 'application. · NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF T PURPOSES ONLY AND SHOU HIS_NOTICE IS FOR INFORMAT LD NOT BE CONSIDER e ^~, ,,.,..,. ....... ION ED A~ ,~,~ a~ ~ t:ravr T THE DEBT 0 COLLECT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT_ The MORTGAGE debt held by the above lender on your property located at: 119 Yorkshire Drive Mechanicsburg, PA 17055 November 16, 2000 Page 4 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: March 1, 2000 to November 1, 2000 at $852.08 per month Late Charges - $204.72 TOTAL AMOUNT PAST DUE.: $7,873.44 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of this date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $7,873.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. .N. orwest Bank Minnesota National Association as Trustee for t ~n 1998-2 un,~ ~,-- =....,= ....... he Amresco Residential 1998 c/o Wendover Financial Services. _PP.O. Box 70808 Charlotte NC 2827~--0808 IF YOU DO NT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose' the chance to pay the mortgage in monthly installments. If 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 legai action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal Proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and · .- THIS RIGHT TO CURE YOUR DEFAULT MORE' THAN THREE TIMES IN ANY CALENDAR YEAR) November 16, 2000 Page 6 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 co.su,~, c.~o.~ cou,s~""q~i~~"c'~ s~.,v~,~ ~ou.~ou,w .s INCLUDED. .~._aron Oras K/lattleman, Weinroth & Miller mm SHERIFF' S RETURN - REGULAR CASE NO' 2001-02100 P COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA VS REED DEBRA DEE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REED DEBRA DEE the DEFENDANT , at 0015-40 HOURS, on the 16th day of April , 2001 at 119 YORKSHIRE DRIVE MECHANICSBURG, PA 17055 by handing to DEBRA DEE REED a true and attested copy of COMPLAINT - MORT FORE together with NOT I CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs. Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscribed to before me this .,~~~"~ day of /-~' :~ ~ I C~ ,0 0 ~=~ A.D. So Answers. R. Thomas Kline 34.82 04/17/2001 MATTLEMAN, WEINROTH & MILLER By. ~ MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.' 60068 Land Title Building- Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER F1N~CIAL SERVICES Plaintiff VS. CUMBERLAND COUNTY NO.' 01-2100 DEBRA DEE REED Defendant PRAECIPE TO ENTER DEFAULT IUDG~NT TO THE PROTHONOTARY: Kindly enter Default Judgment in favor ofPlaimiff, NorwesfBank Minnesota et al, and against the Defendant, Debra Dee Reed, for failure to Answer the Complaint in Civil Action Mortgage Foreclosure. Service was made on the Defendant, Debra Dee Reed, on April 16, 2001 via B&R Services for Professionals. Assess Damages as follows' Principal Balance Interest calculated to November 12, 2002 Late Charges Escrow Advances Property Inspection Appraisal Costs NSF Charges Property Preservation Other Fees Insurance TOTAL AMOUNT OF JUDG~NT $ 77,168.50 $ 27,875.08 $ 795.33 $ 2,320.00 $ 220.00 $ 545.50 $ 20.00 $170.50 $ 20.75 $1,850.00 $110,985.66 MATTLEMAN, WEINROTH & MILLER BY' SHARON ORAS ATTORNEY I.D. NO.' 60068 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: DEBRA DEE REED NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AMR SCO RESIDENTI~ SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO.: 01-2100 DEBRA DEE REED Defendant NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL' 291/55264 SHARON ORAS MORGAN, ESQUIRE//60068 MATTLEMAN, WEINROTH & MILLER (215) 923-2225 C 0[L£12110 _. _ .... .. '- · .-% r ~~ , - . ; . · .~. , .. OBTAINED WILL PURPOSE. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.: 60068 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (: 1~) 9:~-:::~ Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTI~ SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FIN~CI~ SERVICES Plaintiff CUMBERLAND COUNTY VS. DEBRA DEE REED NO.- 01-2100 AFFIDAVIT OF ADDRF. SS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Sharon Oras Morgan, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiff's address is 2601 South Bayshore Drive, 4t~ Floor, Miami, FL 33133. 2. I certify that the Defendant's address is as follows: 119 Yorkshire Road, Mechanicsburg, PA 17055. 3. I certify that the foregoing information is tree and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this ~o'~q day ofl:~t~~ , 2002. , JUT)TI'H ANN HITCHNER A NOTARY PUBUC OF NEW JE]F~EY MY COMMISSION EXPIR~ 6/25/2006 MATTLEMAN WEINROTH & MILLER SHARON ORAS MORG.5~I, ESQUIRE ATTORNEY I.D. NO.: 60068 MATTLEMAN, WEINROTH & MILLER BY: SBARON ORAS MORGAN, ESQUIRE Attorney I.D. No.' 60068 Land Title Building- Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, ,AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WE~O~R FINANCIAL SERVICES Plaintiff VS. DEBRA DEE REED CUMBERLAND COUNTY NO.' 01-2100 AFFIDAVIT OF NON MILITARY SERVIC~E COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. That the Defendant is not in the Military Services of the United States of America or any other Country within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress, as amended; and 2. That the Defendant(s) are at least 21 years of age and reside at 119 Yorkshire Road, Mechanicsburg, PA 17055. The Affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Sworn.and Subscribed to before me this lO'lq day of .h. ea~~ ·, 2002. A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION E:~IRU 6/~5/~006 MATTLEMAN WEINROTH & MILLER s~o~ o~s ATTORNEY I.D. NO.' 60068 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.' 60068 Land Title Building- Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff CUMBERLAND COUNTY VS. DEBRA DEE REED NO.. 01-2100 AFFIDAVIT OF SERVICF. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~ I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: .. 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendant's place of residence by regular mail on November 12, 2002 and has not been returned to this office, therefore it is assumed that same has been delivered to Defendant. Sworn and Subscribed to before me this ~o~n day of ~2.tettO~tr, 2002. 1 A NOTARY PUB.I~I.C 0[ NEW JERSEY MY 'CO~MISSION. EXPiR~ 612512006 : MATTLEMAN WEINROTH & MILLER SHARON ORAS MORG~, ESQUIRE ATTORNEY I.D. NO.' 60068 TO: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Debra Dee Reed 119 Yorkshire Road Mechanicsburg, PA 17055 Date of Notice: November 12, 2002 NORWESi BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIF~S MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DEBRA DEE REED NO.- 01-2100 NOTICE, RULE 237.1 IMPORTANT NOT/CE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association NOTICE PURSUANT TO. FAIR DEBT COLLECT! ON_ PRACTICES. A c.'r. THI$'*COMMUNICATION IS FROM A DEB1' COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY' INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 291/55264 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 Mattleman, Weinroth & Miller Land Title Building- Suite 2226 Broad & Chestnut Streets' Philadelphia, PA 19110 (215) ../9.2~.~ ~, Sharon Oras M~squire #60068 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 01, 1998 C/O WENDOVER FINANCIAL SERVICES COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. DEBRA DEE REED Defendant NO.- 01-2100 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above referenced matter: · Amount Due Interest from 12/17/02 to 12/10/03 Total (Costs to be added) 10,985.66 10,103.16 121,088.82 Sharon Oras Mq~gan, Esquire Attorney ID Number: 46450 MATTLEMAN, WEINROTH & MILLER Attorneys for Plaintiff Mortgage Foreclosure Caption: IN THE C~Y~ OF ~ p~ OF C~ CGUNTY, PE~VANIA CML DMSION NORWEST BANK MINNESOTA, et al DEBRA DEE REED VS. TO THE PROTHO~ARY OF THE SAID COURT: : File No. 2001-2100 : Amount Due__L~ Interest 10,103.16 Atty's ConTn :- Costs The undersigned hereby certifies that the below does not arise out of a retail instal.lm~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceedin9 filed pursuant to Act 7 of 1966 as amehded'; an~ for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff-o~ County, for debt, interest and costs upon the followin9 described property of the d__ef, endant (s_) , DEBRA DEE REED · ~. PRAEX2IPE FOR · _ Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directin9 _atta~chment a_gainst t_he above-na~ 9arnishee(s) for the followin9 property (if re~ estate, supp±y six copies of the description;' supply f~ur copies of lengthy personalty list) · · and all other property of the defendant(s) in the possession custody or control of the said 9arnishee( s ). , _ (Indicate) Index this writ against the 9arnishee(s) as a lis pendens against real estate--of the defendant(s) described in the attached exhibit. DATE: ~ ~' "'-~ Slgnature: [ --------- Print Name: SHARON ORAS MORGAN Address: At torney for:_ NORWEST BANK MINNESOTA. et al Telephone:_ ? ] 5-923-2225 __ Supreme Court ID No.: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO01-2100 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due NORWEST BANK MINNESOTA NATIONAL ASSOCIATION AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 01, 1998C/O WENDOVER FINANCAIL SERVICES Plaintiff (s) From DEBRA DEE REED 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 $110,985.66 Interest FROM 12/17/02 TO 12/10/03 Atty's Corem % $10,103.16 L.L.$ 0.50 Due Prothy $1.00 Atty Paid $106.82 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other Costs (Seal) REQUESTING PARTY: Name SHARON ORAS MORGAN ESQUIRE Address: BROAD & CHESTNUT STREET PHILADELPHIA, PA 19110 Attorney for: PLAINTIFF Telephone: (215) 923-2225 Supreme Court ID No. 46450 CURTIS R. LONG Prothonotary By: ~ Deputy MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.' 60068 Land Title Building_ Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.-291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff CUMBERLAND COUNTY VS. DEBRA DEE REED NO. :01-2100 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLV~IA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE. Your house (real estate) at119 Yorkshire Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on December 10, 2003 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $110,985.66 obtained by Norwest Bank Minnestoa, et al. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be canceled if you pay to Sharon Oras Morgan, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call Sharon Oras Morgan at (215) 923-2225. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff' s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Sharon Oras Morgan at (215) 923-2225. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Sharon Oras Morgan at (215) 923-2225. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on January 10, 2004. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO 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. Lawyer Referral Service Lehigh County Bar Association Old Courthouse, Room 304 Fifth and Allentown Streets Allentown, PA 18105 (610) 433-7094 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.: 60068 Land Title Building- Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.: 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff VS. DEBRA DEE REED CUMBERLAND COUNTY NO.:01-2100 Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Norwest Bank Minnesota, et al, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 119 Yorkshire Road, Mechanicsburg, PA 17055- 1. Name and address of Owner(s) or Reputed Owner(s)- Debra Dee Reed 119 Yorkshire Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Debra Dee Reed 119 Yorkshire Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Norwest Bank Minnesota (Plaintiff herein) 2601 South Bayshore Drive 4th Floor Miami, F1 33133 Domestic Relation Court 13 North Hanover Rd Carlisle, Pa 17013 PP&L 827 Hassman Rd Allentown, Pa 18194 Lower Allen Township 120 Limeklin Rd New Cumberland, Pa 17070 Lower Allen Township 1993 Hummel Ave Camp Hill, Pa 17011 Lower Allen Township 120 Limeklin Rd New Cumberland, Pa 17070 4. Name and address of the last recorded holder of every mortgage of record- Norwest Bank Minnesota (Plaintiff herein) 2601 South Bayshore Drive 4th Floor Miami, F1 33133 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property ,.and whose interest may be affected by the sale: Occupant 119 Yorkshire Road Mechanicsburg, PA 17055 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 119 Yorkshire Road Mechanicsburg, PA 17055 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Sworn and S~bscribed to me th~s_.~ Day of BEATRICE HEALEY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MAY 20, 2008 I ATTORNEY I.D. NO.: 60068 .'9. MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan, Esquire Attorney I.D. No.: 60068 Suite 2226 Land Title Building Broad & Chestnut Streets. Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff FILE NO.' 291/55264 NORWEST BANK MINNESOTA, NATIONAL COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE CUMBERLAND COUNTY AMRESCO RESDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 01, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff VS. DEBRA DEE REED NO.:01-2100 Defendant AFFIDAVIT PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Sharon Oras Morgan, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for the Plaintiff in the above entitled cause of action. 2. On, September 10, 2003 a copy of the Notice of Sheriff s Sale of Real Property was served on all interested parties by registered mail. A copy Of the registered mail receipt is attached hereto and made a part hereof as Exhibit "A". 3. Copy of the Notice of Sheriff's Sale of Real Property was served on the Defendant, Debra Dee Reed via the Cumberland County Sheriff's Department. A copy of the Return of Service is attached hereto and made a part hereof as Exhibit "B". 4. A Notice of Intention to Foreclose Mortgage/Notice of Homeowner's Emergency Mortgage Assistance was sent to the Defendant(s) by regular and certified mail on November 16, 2000. The Defendant has not cured the default. A copy of the Act Notice is attached hereto and made a part of hereof as Exhibit "C". Mattleman, Weinroth & Miller Sharon Mor~, -Esquire Arty I.D. No. #60068 Sworn and Subscribed to before me this ~ Day of l~[ozt,a/m~ ,2003. JUDITH ANN HITCHNER A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES ~/2.5/2005 ~0! i .. ~ - .i I / X I 66 99 Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, Under the Pooling and Servicing Agreement Dated as of June 1, 1998 c/o Wendover Financial Services VS Debra Dee Reed In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2100 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2003 at 5' 10 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra Dee Reed, by making known unto Debra Reed, personally, at 119 Yorkshire Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 3:21 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Debra Dee Reed located at 119 Yorkshire Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Debra Dee Reed, by regular mail to her last known address of 119 Yorkshire Road, Mechanicsburg, PA 17055. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriff's Office. Sworn and subscribed to before me This ~ day of 2003, A.D. Prothonotary R. Thomas Kline, Sheriff BY'-./~(-;'-' ..'"i.'"'~.( .t.' Real Estate Deputy ~F, RS OF THE NI & PA BARS · NI & PL BARS * PA BAR. ONLY + NI BAR. ONLY · PA & DI~ BARS ~ NI, PA& DE BARS ,b NJ & NY BARS V DEBAR. ONLY MATTLEMAN, WEINROTH & MILLER A PROFESSIONAL CORPORATION COUNSELLORS AT LAW PLEASE REPLY TO: Out.No.: November 16, 2000 ACT 91 NOTICE OF COUNSF. L GEORGE L WI~IN~OTH HERMAN MA~* DOLORI~S M. BOJAZI JOHN G. MIA~ORDq~ GERALD I. PROFFITT, PHILADE~~ 291/55264 TAKE ACTION TO SAV YOUR HOME FROM FORECLOSURE .o This is an official notice that the mortgage on your home is in default, and the lender intends to. .fomclos. e. Specific information about the nature of the default is provided in the attached oa~es _ ..The HOMEOWNER'.s MORTGAGF ASSISTANCE PROGRAM (HEMAP) may be able tq help to save your home. This Notice expla, ins how the program works To see if HFMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when. you meet with the Counselin~ ^~ency The name,.addmss and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the. Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin~ can call (717) 780-1869. This Notice contains important legal information. If you have any questions, 401 ROU'~ 70 EAST CamutY ~ NBw Jz~.,SEY 08034 Tm.: (856) 429-550'7 FAX: (856) 429-9036 IAND ~ BUILDING Surr~ 2226 B~.OAD & CHESTNUT STP.~'TS PHn.~PmA, PENNSYLVANIA 19110 TSL: (215) 923-2225 FAX: (215) 567-4151 200 CONIINENTAL DRF~ SUnl~21 i NBWAi~ DmAWAP~ 19713 TiU.: 002) 731-8349 FAX: 002) 731-8753 1135 BROAD SI?,EET, Sun'~ 207 ~, N~'w ~ 07013 Tm.: (973) 365-.6140 FAX: (973) 365-6143 November 16, 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit c--ounseling a~encies listed at the end of this noticel the lender may NOT take action against you · for thirty (30) days after the date of this meeting. _The names, addresses and telephone numbers_ 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 masons Set forth later in this Notice (see following pages for specific information about the nature or your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Program. To' do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT ~=OLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They Will be disbursed by the Agency under the eligibility 'criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. Y_ou will be notified directly.by the Pennsylvania housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE iS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date. NATUR~= OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 119 Yorkshire Drive Mechanicsburg, PA 17055 November 16, 2000 Page 4 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts am now past due' March 1, 2000 to November 1, 2000 at $852.08 per month Late Charges - $204.72 TOTAL AMOUNT PAST DUE.: $7,873.44 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of this date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $7,873.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES wHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, .cashier's check, certified check or money order made payable and sent'to' Norwest Bank Minnesota National Association, as Trustee for the ^mresco Residential Mortgage Loan !998-2, under the Pooling and Servicing Agreement dated as of June 1 · 1998 cio Wendover Financial Services. P.O. Box 70808 Charlotte, NC 28272-0808 IF YOU DO NT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, if full payment of the total amount past due is not ._made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSFD 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 am 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 cum the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balanc~ and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S S^LF -if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cum the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and November 16, 2000 Page 5 by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. ' .EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that -such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE (5) 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 cum the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. . HOW TO CONTACT THE LENDER: Name of Lender: Norwest Bank Minnesota National Association, as Trustee for the Ammsco Residential Mortgage Loan 1998-2, under the Pooling and Servicing ^gmement dated as of June 1, 1998 c/o Wendover Financial Services. Address.'_ P.O. Box 70808 Charlotte, NC 28272-0808 Phone Number: '1-800-436-1022 Contact Pervom Foreclosure Representative EFFECT OF SHERIFF'S SA_LF - You should realize that a Sheriff' Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that ali the outstanding payments, charges and attorney's fees and costs are paid prior to ir at the sale and that the other requirements of the mortgage am satisfied. Please contact: Norwest Bank Minnesota National Association, as Trustee for the ^mresco Residential Mortgage Loan 1998-2, under the Pooling and Servicing Agreement dated as of June 1, 1998 c/o Wendover Financial Services. P.O. Box 70808 Charlotte, NC 28272-0808 1-800-436-1022 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) November 16, 2000 Page 6 · 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 co.su~, c.~o., cou,s~..,~i~o~.c.~ s~.,~?~ _~ou.~u.~ INCLUDED. ,?~aron Oras ~attleman, Weinroth & Miller o. COMMONWEALTH OF PENNSYLV~IA COUNTY OF CUMBERLAND SS' I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that · the Sheriff s Deed in which is the grantee the same having been sold to said grantee on the 10th day of D A.D., 200~3, under and by virtue of a writ _Executiog issued on the 10th day of ~_.~, A.D., 200~3, out of the Court of Common Pleas of said County as of Civi_____!l Term, 200.____!.1 Number 210.__.__9.0, at the suit ofNorwest Bk Minnesota N A tr against Debra Dee Reed is duly recorded in Sheriff s Deed Book No. 26____!_1, Page 157~6. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _c~0~~--' day of O ..~:~ ~_ .... , A.D2004 /~ -~'~-~~" Recorder of Deed Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Secur/ties Mortgage Loan Trust 1998_2, Under the Pooling and Servicing Agreement Dated as of June 1, 1998 c/o Wendover Financial Services VS Debra Dee Reed /n The Court of Common Pleas of Cumber/and County, Pennsylvania Wr/t No. 2001-2100 Civil Term David McK/nney, Deputy Sher/ff, who being duly sworn according to/aw, states that on September 16, 2003 at 5:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra Dee Reed, by making known unto Debra Reed, personally, at 119 Yorkshire Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sher/ff, who being duly sworn according to/aw, states that on October 10, 2003 at 3:21 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Debra Dee Reed located at 119 Yorkshire Road, Meehaniesburg, Pennsylvania, according to/aw. R. Thomas Kline, Sher/ff, who being duly sworn according to/aw, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Debra Dee Reed, by regular mail to her last known address of 119 Yorkshire Road, Mechanicsburg, PA 17055. This letter was mailed under the date of October 8, 2003 and never returned to the Sher/ff's Office. R. Thomas Kline, Sher/ff, who being duly sworn according to/aw, states that after due and legal notice had been given according to/aw, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10'00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Sharon Morgan for Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust. It being the highest bid and best pr/ce received for the same, Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust of P.O. Box 70808, Charlotte, NC 28272, being the buyer in this execution, paid to Sher/ffR. Thomas Kline the sum of $713.05, it being costs. Shet/ff's Costs. Docketing Poundage $30.00 Posting Bills 13.98 Advert/sing 15.00 15 O0 Acknowledging Deed ' Auctioneer 30.00 Law Library 10.00 .50 Prothonotary 1.00 Mileage 15.18 15.00 Levy 20.00 Surcharge Law Journal 246.80 Patriot News 207.19 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 713.05 Sworn and subscribed to before me This a..g ,~tay of(/~'.~.,.,~.~, -q. -- ~00~^.~. (3~~ ~ ~, ~ -/P[othonotary So Answers: ~~ R. Thomas Kline, Sheriff Rea~Estate ~eputy i~ Iq67,t? MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.' 60068 Land Title Building- Suite 2226 Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMP~SCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1,. 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff VS. DEBRA DEE REED Defendant CUMBERL~D COUNTY NO.:01-2100 AFFIDAVIT PURSUIT TO RULE 3129.~1 COMMONWEALTH OF PENNSYLVANIA ' SS COUNTY OF CUMBERLAND ' Norwest Bank Minnesota, et al, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 119 Yorkshire Road, Mechanicsburg, PA 17055' 1. Name and address of Owner(s) or Reputed Owner(s)' Debra Dee Reed 119 Yorkshire Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Debra Dee Reed 119 Yorkshire Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Norwest Bank Minnesota (Plaintiff herein) 2601 South Bayshore Drive 4th Floor Miami, F1 33133 Domestic Relation Court 13 North Hanover Rd Carlisle, Pa 17013 PP&L 827 Hassman Rd Allentown, Pa 18194 Lower Allen Township 120 Limeklin Rd New Cumberland, Pa 17070 Lower Allen Township 1993 Hummel Ave Camp, Hill, Pa 17011 Lower Allen Township 120 Limeklin Rd New Cumberland, Pa 17070 4. Name and addreSs of the last recorded holder of every mortgage of record: Norwest Bank Minnesota (Plaimiff herein) 2601 South Bayshore Drive 4th Floor Miami, F1 33133 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property ~d whose interest may be affected by the sale: Occupant 119 Yorkshire Road Mechanicsburg, PA 17055 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 119 Yorkshire Road Mechanicsburg, PA 17055 I verify that the statements made in this Affidavit are true and correct to the best of my · personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 'relating to unswom falsification to authorities. ~' NO.: 60068 ATTORNEY I.D. Sworn and S bscribed to me thi~. __ ~_~ Day BEATRICE HEALEY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MAY 20, 2008 MATTLEMAN, WEINROTH & MILLER. BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.: 60068 Land Title Building- Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff NORWEST BANK MINNESOTA, NATIONAL File No.' 291/55264 COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 C/O WENDOVER FINANCIAL SERVICES Plaintiff CUMBERLAND COUNTY VS. DEBRA DEE REED NO.:01-2100 Defendants NOTICE OF SHERIFF'S SA I.E OF REAL PROPERTY PU-RSU~T - TO PENNS~VANIA RULE OF- CIVIL PROCEDURE 3129 TAKE NOTICE. Your house (real estate) at l 19 Yorkshire' Road, Mechanicsburg, PA 17055 is scheduled to be sold at SherifFs Sale on December 10, 2003 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $110,985.66 obtained by Norwest Bank Minnestoa, et al. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVEN..___T THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The Sale will be canceled if you pay to Sharon Oras Morgan, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call Sharon Oras Morgan at (215) 923-2225. 2. You may be able to stop the Sale ,by filing.a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE · 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Sharon Oras Morgan at (215) 923-2225. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full mount due on the Sale. To find out if this has happened you may call Sharon Oras Morgan at (215) 923-2225. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full mount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was ai Schedule of Distributio · p d for your house. A n of the money b~d for your house will be filed by the Sheriff on January 10, 2004. This Schedule will state who will be receiving that money. The money will be paid in accordance with this schedule unless exceptions (reasons why the proposed Distribution is out wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA~ A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Lehigh County Bar Association Old Courthouse, Room 304 Fifth and Allentown Streets Allentown, PA 18105 (610) 433-7094 ALL THAT CERTAIN piece or parc :1 of land situat~ in Lower Allen Township, Cumberlanc~ Count),, Pennsylvania, being bounded and described as follows, to wit: BEGINNING a~ a point on the Easter y side of Yorkshire Drive (50 feet wide) at the dividing line between Lots Nos. 10 and 11, Block. :' on the hereinafter mentioned Plan of Lots; theace ~.lon,g the dividing line between Lots Nos. 10 a~ d 11 on said Plan North ,~5 degrees 22 minutes East the distance of 110 feet to a point in line )f Lo~ no. 16; thence along the Westerly line of Lots Nos.' 16 and 17 South 44 degrees 38 minutes t asr thc distance of 75 feet to a point at ~he dividing line between Lots Nos. 9 and 10 on said } lan; thence along said dividing line South 4:5 degrees 22 minutes West the distance of 110 feet £o a point oa [he Easterly side of Yorkshire Drive; tt.enee along said Drive North 44 degrees 38 minutes West the distance of 75 feet to a point, the [,lace of Beginning. BEING Lot No. 10, Block E on Plan qo. 7 of Windsor Park also known as Orchard Cres~' Manor, as recorded in Plan Book 19, Page 44 ' BEING known as 119 Yorkshire Drive. Tax Parcel # 13-24-0793-071 REAL ESTATE SALE NO. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) . NO01-2100 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: ' To satisfy the debt, interest and costs due NORWEST BANK MINNESOTA NATIONAL ASSOCIATION AS TRUSTEE FOR THE AMRESCO RESIDENTIAL SECURITIES MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 01, 1998C/O WENDOVER FINANCAIL SERVICES Plaintiff (s) From DEBRA DEE REED (~) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) of You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 $110,985.66 Interest FROM 12/17/02 TO 12/10/03 Atty's Corem % $10,103.16 L.L.$ 0.50 Due Prothy $1.00 Atty Paid $106.82 Plaintiff Paid Other Costs Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name SHARON ORAS MORGAN ESQUIRE Ad&ess: BROAD & CHESTNUT STREET PHILADELPHIA, PA 19110 Attorney for: PLAINTIFF Telephone: (215) 923-2225 Supreme Court ID No. 46450 CURTIS R. LONG Prothonotary Deputy Real Estate Sale # 53 On September 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 119 Yorkshire Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12, 2003 Real Estatg Deputy a~I;IiliD'H S -3 i,~ J. :t 0 3,01 :i.4 0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss PUBLICATION COPY S A L E #53 REAL'E~'TATE SALE No. Sa · writ NO.~. 21X}1.21 .tX).. · ' .~.' - :' CMITerm ~. Nonviet"~'MIn~, '. · ." .., '..UnderThe POO.' I!no. lnd~ · · ...8Mv~.~.'Agm~ Deted .... ~,'~.. ill.'of :June.l, 1998 . '.. · Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Sworn t(~ su&cribed before [:Re'~his 19th day (7(~Nove~2003 A.D. Notadal Seal Terry L. Russell Notary Public City Of Harrisburg~ Dauphin County My Commission Expires June 6, 2006 I NO'F'ARY PUBLIC Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs ~=.b=l~o~..~0, aa!.t,'l~lod[.~-.~... Publisher's Receipt for Advertising Cost . =~=~o=~'.1~. 'ofi..t~;.~~ ~o publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~ ~ ~ Lo~s N~ 10 ~ ff-~'." · ~d R~ N~ 4~.~~ =.~.um~.~.~ 'dge receipt of the aforesaid notice and publication costs and cedifies that the same have · ~~ of 1'10 ~.m a ~t · ~ of:~No, ' 1'6;.~ ~mg ~~y ~~Sm..16 ~ 17 ~ ~ ~ 38 ~ ~t ~ By .................................................................... To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p. L. 1784 STATE OF PENNSYLVANIA . · COUNTY OF CUMBERLAND · SS. Lisa Marie Coyne, Esquire, Editor of State aforesaid, 'being duly sworn, according tothe Cumberland Law Journal, of the Count /aw, deposes and says that the CumberlandYLa~awd 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, v/z: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal Periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that al/allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SAL~ NO. 53 Writ No. 2001-2100 Civil Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, Under the Pooling and Servicing Agreement Dated as of June 1, 1998 c/o Wendover Financial Services VS. Debra Dee. Reed Atty.- Sharon Morgan ALL THAT CERTAIN piece or Parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Easterly side of Yorkshire Drive {50 feet wide} at the dividing line be- tween Lots Nos. 10 and 11, Block E on the hereinafter mentioned Plan .o.f Lots; thenc, e alo. n.g th.e. dividing SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER 2003 I~RAL F~TATE 8ALE NO. 53 Writ No. 2001 2100 Civil Norwest Bank Minnesota, National A~sociation. as Trustee for t_he Amresco Residential Securities Mortgage Loan Trust 1998-2, Under the Pooling and Servicing Agreement Dated as of June 1. 1998 c/o Wendover Financial Services VS. Debra Dee Reed Atty.: Sharon Morgan ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township. Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Easterly side of Yorkshire Drive (50 feet wide) at the dividing line tween Lots Nos. 10 and 11. Block E on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots Nos. 10 and 11 on said Plan North 45 degrees 22 minutes East the distance of 110 feet to a point ltl line of Lot no. 16; thence along the Westerly line of Lois Nos. 16 and 17 South 44 de- grees 38 minutes East the distance of 75 feet to a point at the dividing line between Lots Nos. 9 and 10 on said Plan; thence along said divid- ing line South 45 degrees 22 min- utes West the distance of 110 feet to a point on the Easterly side of Yorkshire DIive; thence along said Drive North 44 degrees 38 minutes West the distance of 75 feet to a point, the place of Beginning. BEING Lot No. 10, Block E on Plan No. 7 of Windsor Park, also known as Orchard Crest Manor, as recorded in Plan Book 19. Page 44. BEING known a§ 119 Yorkshire Drive. Tax Parcel # 13-24-0793-071.