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HomeMy WebLinkAbout11-6490SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, .ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., COURT OF COMMON PLEAS as Trustee for Vericrest Opportunity Loan CIVIL DIVISION Trust 2010-NPL 1 CUMBERLAND COUNTY PLAINTIFF /? /? ? U! L / //aD NO: //" f? VS. James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 Kathy Trullinger . 13318 Highway 223 ' Troy, AL 36081 ' F` DEFENDANTS " COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ° O jvd A-AA? 362q/mil X6333 ? Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., COURT OF COMMON PLEAS as Trustee for Vericrest Opportunity Loan CIVIL DIVISION Trust 2010-NPL 1 CUMBERLAND COUNTY PLAINTIFF NO: VS. ; James L. Trullinger, Jr. ; 13318 Highway 223 Troy, AL 36081 Kathy Trullinger 13318 Highway 223 Troy, AL 36081 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, the address of which is, c/o Vericrest Financial Inc., 715 S. Metropolitan Ave., Oklahoma City, Oklahoma 73108, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. Mortga og_EW: James L. Trullinger, Jr. and Kathy Trullinger (b) Date of Mortgage: July 20, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1960, Page 4387 Date: August 2, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. Assignee: Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPLI The Assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. The real property which is subject to the Mortgage is generally known as 725 Tower Road, Enola, PA 17025 and is more specifically described as attached as part of Exhibit "A": 4. James J. Trullinger, Jr. executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B" The names and mailing addresses of the Defendants are: James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of February 1, 2011 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of June 10, 2011 : Principal Balance Due $59,796.79 Interest Currently Due and Owing at 4% $1,056.40 From January 1, 2011 through June 10, 2011 Late Charges $330.63 Escrow Advances $4,703.33 Appraisal/BPO $135.00 Property Inspection $76.50 Suspense/Unapplied Balance ($59.76) Deferred Amounts $16,194.42 Property Preservation $1,270.00 Certified Mail $12.90 TOTAL $83,516.21 9. Interest accrues at a per diem rate of $6.64 each day after June 10, 2011, that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pcnns_ylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sec ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa. R.C.P. 1019(1). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the inforination required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et scq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: ?> (s BY: ??a? _ Attorneys for Plaintiff S & D File No. 11-039768 ag 1960PG4387 a1931 F v5% 'T . . ;?? ;:?'? 2 PIS 1 ?6 Prepared By: Wilmington Finance, lnc. 401 Plymouth Road, Suite 400 P"outh Meeting, PA 19462 Return To Wilmington Finance, inc. 401 Plymouth Road, Suite 440 Plymouth Mectiug, PA 19462 Premises: 725 TONER ROAD ENOLA, PA 17025 Parcel Number: 09-11-3009-010 Loan Number. j6paee AboveTYis WeFOY ResordlP9 Drat MORTGAGE MIN DEFINITIONS Words used in multiple sections ofthis document are defined below and othcrwords are detlued in Sections 3.11.13. 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" messes this document, which is dated July 20, 2006 together with all Riders to this document. (B) "Burrower" is JAMBS L, TRTJLL1NGER AL, MARRIED MAN I'xAW 'rte dt.A-WhAl MA00 iv0A1&I 7- Borrower is the mortgages under this Security Instrument. PENN3yLVANIA-31ngbFan*-FanntoMOOM O19MacUNIFORMIN3TRUMENTYAT14MERS 4ft4A(PA1qow)A+ J/f f ?? krYW: dI? Pri efto r VMI P {lp?pe Salular. kre. DDS-stn Fenn 3039 1t01 OKI960PG4387 t% 1 !IbUF64388 (C)11MEPS" is Mortgage Etecironie Registration Systems, Inc. MBRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. M MU is the moetpgee under this Sevee ty Iastrrrseent. MERE is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, flint Ml 49501-2026, tel. (999) 679•MERS. (D) "Leader" is Wilmington Finance, Inc. Lender is a Corporation organized and existing under the laws of Delaware Lendeesaddressis 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (E) "Note" mcans the promissory note signed byBorrower and dated July 20, 2006 The Note states that Borrower owes Lender Sixty-One Thousand Seven Hundred Fifty and 00/100 Dollars (U.S. $61,750.00 ) plus interest. Borrowerhas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2036 (F) "property" means the propertythat is described Wow under the heading "Transfer offthts in the Property." (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders arc to be executed by Borrower [chcck box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? SoeondRomaltider Balloon Rider ? Planned UnitDavolopmentRider ? 1-4 Family Rider ? VA Rider ? Biweekly PaymentRider ? Other(s) [specify] (n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of lave) as well as all applicable floaI, non-appealable judicial opinions. (.n "Comusuatty Assoeiadon Dues, Fora, and Assessments" means all duos, fees, assessments and other charges titan are imposed on Borrower or the Property by a condomlaiurm association, homeowners association or similar organization. (K) "Electronic Funds Transfer" meatus any transfer of funds, other than a transaction originsded by check, draft or similar paper insnwnont, which is initiated through an okctronie terminal, tvlophomic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Sueb term includes, but is not limited to, point-of-sale transfers, automated taller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse tmnsfers. (L)'IFserow Items" means those items that are desen W in Section 3. 44A(PA) cmmve Peo2nf,e i. it Forts 3039 W DDS-6PA A'r In' Im 1 960P64388 (M) "Miscehiaatous Proceeds" means any compensation, gettlement, award of damages, or prooeedspeid by any third party (other than insurance proceeds paid under the coverages described in Section fbr: i dzmWe to, or de+strucfm of, the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) miarepreseatations of, or omissions as to, the value and/or condition ofthe Proparty. (N) "Mortgage Wurance" means [nsurauco protecting Lender against the nonpayment of; or default on, the loan. (O) "Periodic Payment" means tho regularly scheduled arnoi due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 ofthis Security Instrument. (p) "RESPA" means the Real Es>atx SettietrrartProcedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 35110), as they might be amended from time to time, or any additional or successor legislation or regulation that governs this same auNact matter. As used in this Security Instro men4 "RESPA" refbrs to all requirements and reatriudous that are imposed in regard to a "federally related mortgagee loan" even if the Loan does not qualify as a "federally related mortgage tone" under RESPA. (Q) "Successor In Interest of Borrower" means any party hurt has taken title to the Property, whether or not that perry has assumed Borrower's obligations under the Now and/or this Security Instrument. TRANSFER OF RIGHTS 1N'1 HE PROPERTY This Security Instrument secures to Lender. (i) fire repayment of the Loan, and all renewals, extensions and modifications of the Note: and (iii) the perforlnence of Borrower`s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following PYPAOrRxeedieOJuriadidioAl described property /coated in the County of CUWMERLAND [NMC GfRrowdft Jnrisa;cti?oA). LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 725 TOWER ROAD [Street] ENOLA (City), Pemrsylvania 17025 izrvewel ("Property Address"): TOGBTIjER WrM Ill the improvements now or hereafter orected on the property, and all easements, appurtenances, and fbmrias now or hereafterspart ofthe property. All replacements and additions shall also be covered by this Security lmstnauant. All of the foregoing Is referred to in this Security Instrument as the "Propevy." Borrower undetseaxis and agrees that MERS holds only legal titre to die Interests granted by Borrower in this Security Instrunwat, but, if necessary to comply with law or custom, MRS (as nominee for Leader and L,cndce3 successors and assigns) has the right: to exercise any or all of those httervsb, inabrdimg, but not limited to, die right to forooWee, end sell the Property, and to take any action required of Lender inctuding, but not limited to, rele-assiagand canceling this Security Instrument. "'dw_ air 4 ft4MPA)(wn,ot pe"Voris Form 3034 1101 PAS-6PA x-yam 8K 1960PG438* c ybUVG439q_ BORROWER COVENANTS that Borrower is tawfsily seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for c=umbranoes of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any mcambrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instuunentoovering real property. UNIFORM COVENANTS. Borrower and Lander covanant and agree ss follows: 1. payment ofprmeipal, Inbomt, Egerow Items, Prspaynstoat CLsMm tad Cate Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also PaY fwuis for Escrow Items pursuant to Section 3. Payments due undertho Note and tbia Security Instrument shatl be made in U.S. cuntAcy. However, if nay check or other instrument received by Lender as payment under tho Note or this Security Instrument is returned to Leader impsid, Lander may require that any or all subsequent payments due under the Note and this Sam* Instrument be made in one or spore of the following forms, as selected by Tender. (a) cash; (b) money ordeF, (e) cartitied check, bank chock, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander when received at the location desipmed in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section I S. Lender may return any payment or partial payment if the payment or partial payments are insudfieleatto bring the Loan cmront. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver ofany rights hereunder or prejudice to its rights tD refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at tho time such paymcma are acevptod. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immedistely prior to kreclosure. No of ut or claim which Borrower might have now or in the future against Lender sball relieve Borrower from making payments due under the Note and this Soourity !instrument or performing the covenants and agreemant3 socured by this Security Instrument. 2. kpplicstio" of payments yr Yroeseda. Except as otherwise described in this Section 2, all Payments wcopted and applied by Lender shah be applied in the following order of prlorhy: (a) iakrart duo udder dw Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Paymar+t in the order in which it became due. Any remabning amounts shall be applied fist to loft chars, second to any order amounts due under this Security Instrument, and than to reduce the principal balance of theNote. If Lenderre vives a payment from Borrower for a daliagwmt Periodic Payment which includes a sufficient amount to pay any late chwge due, the payment may be applied to the delinquent payment and the late charge. if mere than one Periodic Payment is outstanding, Leader may appty any payment received from Borrower to the rMaymeat of tho Por'tod is Payments if, and to the extent that, each peWumu cart be paid in full. To the aim that any excess exists after the payment is applied to the full payment of one or morn Periodic Payments, such CdtGm may bo appliod to any late charges due. Voluntary prepayments shall be applied first to anyprcpaymad charges and then as desedbed in the Note. 41ft"(PA) osw.ol P'o"aw Form3o39 1101 DDS-&A 8 1960PG439-t - vn 1 7bUrb439 t Any application of payments, uuunuwA procoods, or Miaca ncous Prooteds to principal due under the Note shall not extend or postpone the due date, or change the amount, ofthc Periodie Payments. 3. Rands for Escrow Items. Borrower shall pay to Lender on the day Poriodic Payauwts are due under the Note, until the Note is paid in full, it am (the "Funds") to provide for psymertt of amounts due for. (a) taxes and assessments and other items which can attain priority over *b Somifty Instrument as a lien or encumbrm cc on the Property; (b) leasehold payments or ground rents on Ow Property, if asq , (c) premiums for any and aU insurance mquitod by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lauder in Pon of the payment of Mortgage Iusus"es premiums in accordance wttb the provisions of Station 10. Theca items are tailed -Escrow Items." At origination or at any time during the term of the Loan. Lender any require that Community Association Darts, Fees, and Asses, if any, be escrowed by Borrower, and such duos, leas and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under Otis Section. Borrower shalt pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly, when and whore payable, the amounts due for any Escrow Items for which payment of Funds has bean waived by Larder and, if Lander requires, shall furnish to Lender receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Item dim fly, pursumt to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lander any such amount. Loader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance witb Section 15 and, upon sucb revocation, Borrower shall pay to Leader ail Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, Collect and hold Funds at an amount (a) sufficient to permit Lender to apply the Funds at the time spoCifiad under RESPA, and (b) not w occoed the maximum amount a londw can inquire under RESPA. Lender shall estimate the amount of Funds due on the basis of ;Am *m dots and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Punch shalt be bald in an institution whose deposits are insured by a federal apncy, iastnrmentaiity, or entity (including Lender, ifLender is an institution whom deposits am so insured) as in any Federal Home Loan Bank. Leader shall apply the Funds to pay the Escrow hems no later than the time specified under RESPA. Lander shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow aocaunt, or verifying tho Escrow items, unless Lander pays Borrower interest on the Funds and Applicable Law permits Lender to make such a cW&c. UNTO s an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agmc in wnt4 however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RRSPA. -JPA?Pm).oi Pw•sd?e ReM3439 Vol ADS-RA r OK I96OPG439tr wn I J, *vw rU w J :14 If there is a surplus of Funds held in escrow, es defined under RMPA, Lender shall account to Borrower for the exeesa funds in accordance with RESPA. if there is a shortage of Funds hold in escrow, as defined under RESPA, Lender shall notify Borrower as required by RE,SPA, and Borrower shall pay to Lander the amount neoessary to MAW up the shortage in accordance with RESPA, but In no more than 12 monthly payments. If them is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Botrower as required by REBPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RMA, but in no more than 12 monthly payments. Upon payment in full of ail sums sectmd by this Security batrumemt, Leusde r shall promptly r%UW to Borrower any Funds held by Lender. 4. Chargeal bleats. Borrower shall pay all taxes, assay ments, charges, fires, and impositions attributable to the Property which can attain priority over this Security inatrumertt, leasehold payments or ground rents on the Propaxty, if any, and Community Association Duos, Fees, and Assessments, if any. To the indent that these items are Escrow items, Borrower shall pay them in the manner provided in Section 3. Borrower ahali promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to tho payment of the obligation seeurod by tho lien in amanner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Loder's opinion operate to prevent the enforcement of the list while those proc edingg arc pending, but only until such proceedings are concluded; or (c) sac" ftm the holder of the lien an agrownent satisfactory to Lender subordinating the lien to this Security InsausnuaL If Le odor dowmines that my part of the Property is subject to a lion which can attain priority over this Security instrument, Leader May give Borrower a notice identifying the lien. Within 14 days of tho date on which that notice is given, Borrower shall satisfy the lion or take one or more of the actions act forth above in this Section 4. Lmdermay require Dorrowarto pay a ono-time charge for areal estate tax verification and/orreporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now o isting or horeafka erected on the Property insured against loss by fie, hazards imludod within the term "extatded coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. 7'tii insurance shall be meintatlned la the amounts (including deductible levels) and for the periods that Lender requires. what lender requires pursuant to the preceding sentences can change during the term of the Loan. The huuratco Carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's dwim which right shall not be exercised unreasonably. Lender may require Borrower to pay, in comcction with this Loam, aid= (a) a on&4ime Change for flood zone determination, certification and tracking sery1m; or (b) a one-time charge for flood zone detetmination sad certification services and subsequent charges each time remappings or similar chaages occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Fe>riesral Emrgcncy Management Agaucy in connection with the review of any flood zone detorminstim resulting from an objection by Borrower. arwn; ,,?,1` 4ft-dMPA) tD60l.0+ Fortin 3039 1101 DDS-6PA Eli ! 9.6,Q PG 4 3 9 a UK 14bUP64393 If Borrower falls to maintain any of die coverages described above, Lender may obtain insuraooa ooverav, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover lender, but might or might not protect Borrower, $ormwer's equity in the Property, or the contents of the Property, against any risk, harard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might siguifhcantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall boar interest at the Note rasa *om the date of ditbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall bw1ude a standard mortgago clause, and "name !.ender as mortgagee and/or as an additional loss payee. l ender shall have the tight to hold the policies and renewal certificates. If Under requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. ff Borrower obtains any form of insurance coverage, not otherwise required by lender, for damage to, or destruction of. the Property, such policy shalt include a standard mortgago clause and shall name Lender as mortgagee and/or as an additional loss payee. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender mud Borrower otherwise agm in.writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the property, if the restoration or repair is economically feasible and Landees security is not lessened. During such repair and restoration period, Tender shall have the right to bold such insurance proceeds until Lender has had an opportunity to inspecxsuch Property to ensure the work has been eompleW to Lender's satisiiscxion, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restanntiew in a single payment or in a series of progress payments as the wont is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such ens towe proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insumea proceeds and shall be the solo obligation of Bomma. If the t'ostoration or repair is not acononsically feasible or Larder's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument. whether or not that due, with the excess, if any, paid to Borrower. Such insurance procaads shall be applied in the order provided for in $ecdon 2. If Borrower abandons the, property, Lander may file, negotiate and settle any available insurance olaim ad related matters. If Borrower does not respond within 30 days to a notice from Lendr that the insurance candy has ot$red to settle a claim, then Lender may negotiate and settle tha claim. Ito 30-day period will begin whoa the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby aasigna to Lender (a) Borrower's rights to any insurance procooda in an amount not to excow the amounts unpaid under the Notes or this Security Instrument, and (b) any other of Bonuwoes rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofm as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds cutter to repair or restore the Property or to pay amounts unpaid under the Note orthis Security Instrument, whatheror notthen due. 410t4A(PA) toao$01 °ipi?0f16 ??JJ Farm3039 t(0i DDS-bPA 8K 196,0 PC4393 ur. r JVUtv4J:1 4- 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residencewithin 60 days afar the execution of this Security instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the data of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. y. Preservation, Maintenance andProteedouoftheProperty;10R"wfi8*LBorrowershallnotdestroy, damago or impair the Property, allow the property to deterioMe or commit waste on the Property. Whether or not Borrower is residing in the Propetty, Borrower shall mahrialn the Property in order to proven the Property from deteriorating or dmeasing in value duo to its condition. Unless it is determhted pumaegit to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property it damaged to avoid fiuthor deterioration or damage. If insurance or condemnation proceeds arc paid in oonnocdon with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suffieicat m repair or restore the Property, Borrower is not relieved of Borrower's obligation forthe completion ofsuch repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the property. If it has reasonabla cause, Lender may inspoct the interior of the improvements on the Property. Leader shall give Borrower notice at the time of or prior to such an interior impeetion specifying such reasonably cause. & Borrower's Loan Application. Borrower shall be in defauit if, during the Loan application process. Borrower or any persons or entities acting at the direction ofBorrowerr or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) in connection with the Lawn. Material reprosentaulons include, but are not limited to, representations concerning; Borrower's occupancy ofthc Property as Borrower's principal residene. 9. Protection of Lender's Interest in the Property and Rfgru Under tits Stiecurrty inatrarneat If(a) Borrower fails to parform the covenants and agreements contained in this security lasttvmcnt, (b) ow" is a legal proceeding that might significantly affect Leader's interest in the Property andlor tig o under this security Instrument (wear as a proceeding in bankruptcy, probate, for coadctnnssion or fbrf bm, for enforcement of* lien which may amain priority ova this Security instrument or to coforae laws or roplatiens), or (c) Bormwyr had abandoned the Property, than Lender may do and pay for whatw is reasonable or appropriate to protect Lendw s interest in the Property easel rights under this Security lows anent, including protecting ondMr assessing the value of the Property, and securing and/or repairing dry Property. Lender's actions can include, but are not limited to: (a) paying say sums secured by a lien which has priority over this security instrument; (b) appearing in court; and (e) paying reasonable aftruoys' too to protect its Interest in the Property and/or rights under this Searrky lcrumcnk including Its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water Bum pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oft: Although Lender may Win action uaderttds Section 9, Leader does not have tar do so and is not tutder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized underthis Section 9, .JLr -3A(PA) (owe)s Pp.eela Ar FOM3039 IM DDS-6PA 8K-1 960.PG43941- urn t JVU rv4s-J D Any amounts disbursed by Lender under this Section 4 snail become additional debt of Borrower secured by this security Instrument. These amounts shat] bear interest at the Note rate froth the date of disbursement and shall be payable, with such interest, uponnotict from Lander ODUrrowerraqu ating payment. If this Security Instrument is on a leasehold, Borrower sball oomply with all the provisions of the lease. If Borrower acquires fee title to tho Property, the losse hold and the fee title shall not merge unless Lander agrees to the merger in writing. 10. Mortgage bsuranee. If Lender nVired Mortgage Insuranco as a condition of making the Loan, Borrower shall pay tho premiums required to maintain the Mortgage Insurance in effect. K for any reason. the provided such Ltaurance coverage requurod by Lender ceases to be availablo from the mortgage insurer that previously insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pn miums required to obtain coves nge substantially oquivalont to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by I-ertder• If aubstanUatly equivalent Mortgage lasurartce coverage is not available, Borrower shall continua to pay to lender tht amount of the separately designated payments that wars due when the insurance coverage ceased m be in at1'ec t. lends will accept. use and retain these payments as a port-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithrtanding the feet that the Loan is ultimately paid in fall, and Lender shall not be required to pay Borrower any interest or eamings on such loss roserve. Lender can no longer require toss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer seloaed by Lender again becomes available, is obtained, sad Lender requires separately dosignatod payments toward the premiums for Mortgage Insurance. If Lender required Mortgage insurance as a condition of marring the Loan and Borrower was required to snake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay tht premiums required to maintain Mortgago Inmusnee in eMcL or to provide a non-refundabte loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lander providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affoats Borrower's obligation to pay interest atthe rate provided in the Note. Mortgage Insurance reimburses Lander (or any artily that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as gpved. Borrower is note parry to the Mortgage Inmraitce. Mortgage insurers evaluate their total risk on all sucb insurance in form from time to time, and may enter into agreements with other patties that share or modify their risk, or reduce losses. 'Less agreements are on terms and conditions that are satisfiscwry to the mortgage insurer and the other party (or parties) to these agreements. Tbesa agreements may require the mortgage insaw to make payments using any source of finds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a mutt of these agreements, Lender, may purchaser of the Note, anothor insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may rective (directly or inditactdy) amounts that derive from (or might be cheractarized as) a portion of Borrowoes payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage instuers risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of the insures risk in oxchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance "Further. (a) Any such agreements will not affect the ameantts that Borrower has agyeod to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wUl not Increase the amount Borrower wW owe for Mortgage Imarance, and they w'Al not entitle Borrower to any refund. JZr 4Ot4A(PA)WOWO+ r.owaie Fom303$ Inei y DM-6PA K t BX 19bflPG4395 t9t Vb0PG439&-1 . - .. , --l roc 1 1 VVJ (b) Any such sgreeasents will not affect the rights Borrower has - It any - with respect to the Mortgage insurance nuder the Homeowners Protection Act of t"$ or say outer law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the blortgs;e latsursace, to have the Mertgsge insurance terminated automatically, and/or to receive a refund of any Mortgage Insuraaft petmlums that were un:earacd at the time of sects cancellation or tertninattom It. Assiptment of Miscellaneous PnKeeda; Forfeiture, All Miscellaneous Proceeds am hereby assigned to and shall be paid to Lender. if the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restorations or repair is economically feasible and Leaders security is not lessened. During such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has heel an opportunity to inspect such Property to ensure the work has been completed to Lender's satiafaation, provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically ftasible or Lender's security would be lassonai, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miaeollanennu Proceeds shall be applied in the order provided for in Section2. in the event of a total taking, dntruction, or ton in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. in the avant of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the am ount of the sums secured by this Security Instrument immediately befara the partial taking. destruction, or loan in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destnwtion, or loss in value divided by (b) the fair market value of the property immediately before the partial taking, destruction, or Ions in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Prop" in which the fair market value of the Property immediately before the partial takh t& desauctiou, or loss in value is less than than amount of the sums secured immediately before the partial taking, destruction, or loss in value, ualeas Borrower and Lender otherwise agree in writing, the Miscellaneous proceeds shall be applied to the sums secured by this Smwity bistrument whether or not the sums are theft due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the nazi sentence) offers to make an award to settle s clean for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is sudwrhosd to oaileet and apply the Miscellaneous Proceeds either to restoration or repair ofthe property or to the sums secured by this Socurity last ument, whether or not than due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whore Borrower has aright of action in regard to Miscellaneous Proceeds. Borrower shall be in defrustt if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or ocher material impairment offender's interest in the Property or rights underthis Security Instrument. 41ft-6A(t>A) mw).oi PM 10.!se Foryn 3039 1701 DD"PA SK 1960PG439&-'. un 1 .7ourb4Jy.1 Borrower can cure such a default and, If accelcraation has occurred, reinstate as provided in Section 19, by causing the action or procceseiiag to be dismissed with a ruling Outt, in Lender's judgment, precludes fot#'eit'" of the Property or other material impairment of Lendets inWsst in the properly or rights under this Socurity Ltshrumamt. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arts hereby assigned and shall be paid to Lender. All Miwzliarteoua Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; FOrbeannes By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the suns secured by this Security instrument granted by under to Borrower or any Successor in Interest ofBorrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence procaedinp against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the arena secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender in exercising any right or remedy including, without l4altation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then dug, shall not be a waiver of or preclude the exercigo of any right or remedy. 13. Joint and Several Liability; Co-sign; Successors and Assigns Boaud, Borrower covenants and agrees that Borrower's obligations and liability shall be joint mud several. However, any Borrows who co signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-sipees interest in the Property under the terms of this Security 'nit ument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tame of this Security Instrtunent ortho Note withoutthe co-signees consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security lrtstrment. Borrower shall not re !ess from Borrower's obligations an agreements lia it driun Security r t is Security lnmumeot unless Leader agrees, to such Instrumcirt shall bind (except as provided in Section 20) and benefit the successors and assigns ofLander. 14. Loan Charges. Lender may charge Borrower fees for serviM performed In connectien with Borrower's default, for ft purpose of protecting l mdor's interest in the Property and rights under this Security ingtr uneeot, including, but not limited to, attorneys' fees, property inspectim and valuation fns. In regard to any other fees, the absence of express authority in this Security l ubunent to charge a specific fee to Borrower shall not be construed al< a prohibition on the charging of such fee. Lender may not charge feces that art expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which seta maximum loan charges, and that law is finally interpreted to 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 chugs shall be reduced by the amount accessary to reduce the charge to the permitted limit; and (b) any sums already collected f orn Borrower which exceeded patmitwd limits will be mAmded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be trsa ad as a partial prepiryareot without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptaave of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchmrge. . J.4 r at-aA(PA) jooo4ui Pv "„a,e T Form=16 Val DDS.6FA ?1960PG439 - • -- w, v 'rV JV. 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Itnstrumerat shall be deemed to have been given to Borrower when mailed by first clams moil or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers anless Applicable LAw cwossly reviras otherwise. The notioe address shad) be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lender of Borrower's change of addnasa. If Larder specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Thom may be only oat designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by feat claw tail to Leader's address stated herein union Lender has desigated another addren by notice to Borrower. Any notice in connection with this Security Instrument shall notce deemed to have been given to Leader until actually received by Lender. Ifany notice requited by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding irequirementvnder this Security Instrument. lb. Governing LAw; Severablllty; Rules of Construction. This Security Instrument abail be governed by Worst raw and the law of the Jurisdiction in wbloh the property is located. All rights and obligations contained in this security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as s prohibition against agreement by contract. In tho event that any provision or clause of this Security lnstrumart or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Insburnent or the Now which can be given effectwithout the conflicting provision. As used in this Security ba rurne nt: (a) words of the masculine gender altali meat and include corresponding neuter words or words of the feminine gender; (b) words in ere singular shall mean and include the plural and vice versa: and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Notes and of this Security instrument. 18. Transfer of the Property or a Ben eflefal laterost is Borrower. As used in this Section 18, "Initre t in the Property" means any legal or bonaficial Wcv* in the Property, including, but not limited to, those beneficial ianWasts transferred in a bond for deed, contract for deed, irnstallmem sales con ma t or escrow glacruent, the intent of which is the transfor ofdtle by Borrower at a future date b apnuchsser. If all or any part of the Property or any Intent in the Property is twit or ttanstarod (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferr4 wahout Lender's prior written COOSeat4 Lander may requiro immediate payment at fill of all suns scoured by this Security Inen m?etu. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thu notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must p all sums secured by this Security bun went. If Borrower fails to pay these sums prior to the expiration ofda perioA Lander may invoke any remedies permitted by this Security Instrument without fu lbor notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower moots certain conditions, Borrower "I have the right to have enforcement of this Security Insttvment discontinued at any time prior to the earl iest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Inst viment; (b) such other period as Applicable Law might specify for the tornnbution of Borrower's rightto reinstate; or (c) entry of & judgment enforcing this Security Instrument. 4ftaAtPAicwoa,.oi pswmaT° VA"-/Ir" Form 30391101 DD54PA S t 96OPG4398.' - . -vutU4JY9 Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Noto as if no acceleration had occurred; (b) cures any default of any other cove =ta err agroomeuts; (c) pays all eJCpMes incurred in enforcing furs Security Instrument; including, but not %niaed to, reasonable attorneys' fees. property inspection and valuation fens, and other foes incurred for the purpose of protecting Lender's interest in the BNOpotty and rights under this Security Instrument; and (d) takes aucb action as Lander may reasonably r squire to same that I.endees interest in the property and tights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security lndrurnent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sw a and expenses in one or move of the following forms, as sctocwd by Lander. (a) cash; (b) moaey order, (e) certified check, bank check, tress aWs cheek or carsltices check, provided any such chock is drawn upon an institution whose deposits art insured by a federal agency, ins untottttciity or =tiW, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations soared hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sate of Note; Change of Loam Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be gold one or more tines without prior notice to Borrower. A We naigbt result in a change in the entity (known as the "Loan Servicee) that coil" Periodic Payments due under the Note and this Security Insbvmeut and pertornts other nwttgage loan servicing obligations under the Note, this Seextrity Instrument, and Applicable Law. There also might be one or more changes of the Loan Servica unrelated to a sale of tho Note. If there is a change of the Loan Servie;er, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicar, the address to which payments should be made and any other information RESPA requires in connection with a notice of trasuft of servicing. If the Note is sold and theieatlW the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower w ill remain with the Loan Servicer or be transfrzrrod to a auccessor Lena Sorvicer and are not assumed by the Note purchaser unless otherwise provided by the Noto purchasesr, Neither Borf6w6r nor Lender may commence. join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other patty's actions pursuant to this Security LuglrunmUt or that alleges that the other party has breached any provision o4 or any duty oared by reason o4 this Security Inauuenent, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirmaents of Section 15) of such alleged breach and afforded the outer party he rato a reasonable period after the giving of such notice to take corrective "on. If Applkable Law provides a time period which aunt elapse before ca tin action can be taken, that time period will be deemed to be reasonable for purposes of this pusgnrph. The notice of acceleration and opportunity to cue giver to Borrower pursuant to Section 22 and the notice of accalerafio4 given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Submncas" arcs those substances defined as toxic or hazalous substances, pollutants, or wastes by Environmental Law and the following substances; gasoline, kerosma, other flammable or toxic petroleum products, toxic podkides and herbicides, vol" solwats, mamrials containing asbestos or fwtaldehyde. and radioactive materials; (b) "Environmental Law" means fodeeal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any reeponae action, remedial action, or removal action, as ddlinad in Envimnmental Law; and (d) An "$mvirommeadd Condition" means a condition that can cause. contribute to, or otherwise trigger an Environmental Cleanup. 4ft4AiPAI waapt Pp.tldt! y Form 3031 1101 Dr"PA nr SKI96OP64399 -v.. - -0-L L" OUJ Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone Oise to do, anything afteting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, orrelease of a Hazardous Substance, creates & condition that adversely affects the value of the property. Tlto preceding two se ntomees shall not apply to the presence, tree, or storage on the Property of small quantities of Hazardous Substances the arc goncrally rocogniaW to be appropriate to nozmal residential uses and to maiawnance of the Prapeaty (including, but not limbed to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Haistdous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, diachargo, release or throat of release of any Hazardous Substance, and (e) any condition caused by the presence, use or release of a Hazardous Substance witleb adversely affects the vahm of the property. If Borrower learns, or is notified by any governmental or regw" authority, or say private party, that any removal or other remediation of any Hazardous Substance affecting ttto Property is necessary. Borrower shall promptly take all necessary remedial actions in aeoordancz with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender firrtlrer covenant and agree as follows: 22. Accelerations; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agrzement In this Security Instrument (but not prior to acederaden uader Section l8 unless Applicable Law provides otherwise), lender shall notify Borrower of, among other things: (a) the defitult; (b) the action required to cure the default; (c) when the default mast be cared; atsd (d) that (allure to cure the default as apeailUd may result in acaeleradom of the sums secured by this Security Instrument, foreclosure by Jndiclal pros" ding and sale *(the Property. Lender shall further Inform Borrowerof the right to reinstate after acceleration and the right to assert In the foreciosere proooodlag the non-existesce of n dchatt or any otter defense of Borrower to acceleration and foreelosnre. Uthe de ok Ih not cared as spaeltled, Louder at its option may require hnnitdlatt paym6?e?nt In 11sf1 of all some eveorod by this Security Itutrament widkout further demand and may foreclose this Security Instrument by judklal proeeediag. Leader shall be entitled to collect ail expown incurred in puroWng the rvmeace provided in ails Section 27, Including, but not hmtted to, attoraeys' fete and costs *(title evidence to the talent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security bnstrument, this Security Instrument and the estate convoyed shall torrminato and become void. After such occurrence, Leader shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lander may charge Borrower it foe for relessing this Security Instrument. but only if the fee is paid to a third party for services rendered and the charging ofthe fats is permitted under Applicable Law. 24, Walvers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in procccdings to enforce this Socuriry Instrument, and hereby waives the benefit of any present or future laws providing for stay of wc=xtion, extension oftime, exemption from attachment, levy and sale, and homestead exemption. 25. Reinatsteaatat Period. Borrower's time to reinstate provided in Section 14 shall extend to one hour prior to the commencement ofbidding at a sheriffs We orodw sole pursuant to this Security Ingirtunent. 241 Purchase Money Mortgage. It any of the debt sowed by this So city Inamment is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27, luterest Bate After Judgment. Borrower agrees that the interest rue payable attar a judgment is entered on the Note or in an action ofmQrtgage foreclosure shall be the rate payable from time to tioslleunder the Note. 41atfJ1(PA) tuwae.oi Pap lee(" r Form JCia llal DDS-6Pa I l? fAl i 9OOIG44-VV UUJ BY SIGNING BELOW, Borrower accepts and agroes tD the tams and eover,ants contained in this Security bwmment and in any Rider executed by Borrower uW recorded with it Witnesses: / (Seal) -Borrower James L. Trullinger r. ?7i Q r- 1 I?Ugop%. J (Seal) •Bwmwtr Kathy TmIlinger (Seal) (Seal) - Bonpwar -Bormwar ... (Seal) (Seal) - Borrswer •awrower (Seat) (Seal] - BOnUwer -Borrower 4 8A(PA) Wasps Pa4pl sor ra Farm 3039 1101 Dr)"PA 9 1960PG44a'1 ??PrAgyy ,,? COMMONWEALTH OF PENNSYLVANIA, CC!''?Ptr?v.. Couoty_m On this, the 010 A day of Jv t.Y Sao ( , before me, the undersigned officer, personalty appwxW 34?tCs L- 7-A?WWkIf ? 7N Y 7-1vul gick imnwu to me (or satisfactorily proven) to be the person(i) whose name(s) io/am subscribed to the within instrument and aclmowledged that he/shehhey executed the same for the purposes herein contained. M WnXESS WHEREOF,1 hereunto set my head and official seal. My Cormmission Expires: MATT mVWCmft l WwAVdcvf0(fiiar Certii leate ofReaidenee 1, 0? do hereby certify that the correct address ofthe within-named Mortgagee is P.O. Box 2026, Flin4 M148501-2026. Witness my harm this pb? day of i VLY AgedofmortgnW 41ft4A(PA) toDOW Form 3030 IMI bD3-6PA 1119-60 PC 4 4 0-2 Page, 8 of 6 - ?? - Order Number 009031006 Date: 711812006 Time: 4:53:37 PM ord*r Number: 000031066 Re: Janos L. Trullinger, Jr. 725 TOWER ROAD ENOLA, PA 17025 CUMBERLAND county UMTRIT 'A' ALL THAT CERTAIN piece or parcel of land situate in the Tovnship of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Leater 0. Walborn; THENCE along land now or late of Lester 0. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin: THENCE along land now or late of Harry J. Bowles; at ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence poste THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feat to a Railroad Spiker in the center of Tower Road, THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three ahd fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. Survey made by Ernest J. Walker on March 31, 1964. HAYING thereon erected a'one story dwelling and a one (1) story frame building. I Certify this to be recorded In Cumberland County PA D_ Wluur of Deeds Pager 6 of 6 Order Number 000091086 SEE PREPAYMENT RIDER TO NOTEATTACHED HERETO AND MADE APART HEREOF. MIN: Loan Number: NOTE Jul 20, 2006 CAMP HILL Pennsylvania July [Dart[ [city) Istaty 725 TOWER ROAD ENOLA, PA 17025 IYropcrty Addl-I 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, l promise to pay U.S. S 61,750.00 (this amount is called "Principal"), plus interest, to the order ofthe Lender. The Lender is Wilmington Finance, Inc. I will make all payments under this Note in the form ofcash, check or money order. I understand that the Lender may transfer this Note. The Lender of anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST interest will be charged on unpai principal until the full amount of Principal has been paid. I wilt pay interest at a yearly rate // of 7.700%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments / ? will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day ofeachntonthbeginning on September 1, 2006 .1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on August 1, 2036 ,1 still owe amounts under this Note, I will pay those amounts in full on that date, which is railed the "Maturity Date." I will make my monthly payments at PO Box 1.09 Plymouth Meeting, PA 19462 or at a different place ifrequired by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 440.25 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at anytime before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if) have not made all the monthly payments due under theNote. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accryyed and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. I l make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -5N(0207) Form 72001 701 y PMORTWGE FORMS-(100)5217291 P.9. 1.13 DDS-CN3 • • 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as apartial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments lfthe Note Holder has not received the full amount ofany 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 ofthe charge will be 5.000 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default if I am in default, the Note Holder may send the a written notice telling me that if 1 do not pay the overdue amount by e certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if l am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVINGOFNOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice ofthat different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all ofthe promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all ofthe promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us maybe required to pay all o f the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 33Qa.1 v.o.zaa ?Me.i. -SN tozort 0 DDS-CNJ 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some ofthose conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) 3r. Borcowtt ames L. rullir er. _ (Seal) .Burrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) .Borrower _ (Seal) -norrowcr 1 (Seal) (Seal) -Borrower -Borrower [Sign Original Only] v.pa W 3 Form 1200 7101 ®.- SN (ozo>) DDS-CN7 VERICREST.. 715 BoX 46100K 73108 Tel: 800-621-1437 405-945-1514 Fax: 405-553-4702 April 21, 2011 JAMES L TRULLINGER JR 13318 HWY 223 TROY AL 36081 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Mailing Certified prim 20110315rev Date: 04/21/ 11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listeda t the endo f this Notice. If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER JAMES L TRULLINGER JR KATHY TRULLINGER 725 TOWER ROAD ENOLA PA 17025 Wilmington Financial Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 725 TOWER ROAD ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 for $ 934.32 Other charges (explain/itemize) Late Charges: $ 315.06 Other Charges $ 1,650.13 Escrow: $ 0.00 Forceplaced Ins/Taxes: $ 124.86 TOTAL AMOUNT PAST DUE: $ 3,024.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,024.37, 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: -ar Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lenderi ntends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 Sheriffs Sale. You may do so by paving the total amount then past due plus any late oro therc harges then due reasonable attorney'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 by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave Oklahoma City, OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-405-553-4702 Contact Person: Kawanna Coppage E-Mail Address: kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7:50 Mailing Certified prim 20110315rev V_ ERICREST"' 6A i N! 1A N C' it A L April 21, 2011 JAMES L TRULLINGER JR 725 TOWER ROAD ENOLA PA 17025 715 Metropolitan Ave. P.O.Box 24610 Oklahoma City, OK 73108 Tel: 800-621-1437 405-945-1514 Fax: 405-553-4702 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Property Certified prim 20110315rev Date: 04/21/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving Vour County are listeda t the endo f this Notice If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES L TRULLINGER JR KATHY TRULLINGER 725 TOWER ROAD ENOLA PA 17025 Wilmington Financial Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 725 TOWER ROAD ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 for $ 934.32 Other charges (explain/itemize) Late Charges: $ 315.06 Other Charges $ 1,650.13 Escrow: $ 0.00 Forceplaced Ins/Taxes: $ 124.86 TOTAL AMOUNT PAST DUE: $ 3,024.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,024.37, 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: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lenderi ntends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 Sheriffs Sale. You may do so by paving the total amount then past due plus any late oro therc harges then due, reasonable attorney'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 by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: Vericrest Financial, Inc. 715 Metropolitan Ave Oklahoma City, OK 73108 1-800-621-1437 1-405-553-4702 Kawanna Coppage kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time ASSUMPTION OF MORTGAGE -- You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7:50 Property Certified prim 20110315rev VERICREST tF 3 N 1;. 3 April 21, 2011 KATHY TRULLINGER 13318 HWY 223 TROY AL 36081 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Mailing Certified sec 20110315rev Date: 04/21/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listeda t the endo f this Notice If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES L TRULLINGER JR KATHY TRULLINGER 725 TOWER ROAD ENOLA PA 17025 Wilmington Financial Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN_ BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION. BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 725 TOWER ROAD ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 for $ 934.32 Other charges (explain/itemize) Late Charges: $ 315.06 Other Charges $ 1,650.13 Escrow: $ 0.00 Forceplaced Ins/Taxes: $ 124.86 TOTAL AMOUNT PAST DUE: $ 3,024.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,024.37, 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: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lenderi ntends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 paving the total amount then past due plus any late oro therc harges then due reasonable attorney'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 by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave Oklahoma City, OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-405-553-4702 Contact Person: Kawanna Coppage E-Mail Address: kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7:50 Mailing Certified sec 20110315rev a, VERICRESTTM April 21, 2011 KATHY TRULLINGER 725 TOWER ROAD ENOLA PA 17025 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Property Certified sec 20110315rev Date: 04/21/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies servinq your County are listeda t the endo f this Notice If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JAMES L TRULLINGER JR KATHY TRULLINGER 725 TOWER ROAD ENOLA PA 17025 Wilmington Financial Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 725 TOWER ROAD ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 for $ 934.32 Other charges (explain/itemize) Late Charges: $ 315.06 Other Charges $ 1,650.13 Escrow: $ 0.00 Forceplaced Ins/Taxes: $ 124.86 TOTAL AMOUNT PAST DUE: $ 3,024.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,024.37, 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: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lenderi ntends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 Sheriffs Sale. You may do so by paving the total amount then past due plus any late oro therc harges then due reasonable attorney'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 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 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave Oklahoma City, OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-405-553-4702 Contact Person: Kawanna Coppage E-Mail Address: kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7:50 Property Certified sec 20110315rev VERIFICATION wC1 r" 1 _hereby states that /she is_ of Vericrest Financial Inc., servicing agent for Plaintiff, in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ' l S&D FILE NO: 11-039768 Kathy Trullinger and James L. Trullinger, Jr. { ,??s '-fF1? 1 s Name: Title: Company: Vericrest Financial Inc. SHERIFF'S OFFICE OF CUMBERLAND-COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??????q+ ni ?-1J Ulbrt7,t FCLED-OFFICE* O THE PPOTIIC3NOT/,P`;. 2011 AUG 31 PM 4: 06 Richard W Stewart Solicitor CUMBERLAND COUNT`' PENNSYLVANIA Wells Fargo Delaware Trust Company, NA Case Number vs. Kathy Trullinger (et al.) 2011-6490 SHERIFF'S RETURN OF SERVICE 08/29/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 725 Tower Road, Enola, Pennsylvania 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 725 Tower Road, Enola, Pennsylvania 17025 is vacant. 08/29/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kathy Trullinger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kathy Trullinger. Request for service at 725 Tower Road, Enola, Pennsylvania 17025 is vacant. 08/29/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James L. Trullinger Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James L. Trullinger Jr. Request for service at 725 Tower Road, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $65.50 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., ; as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 ; PLAINTIFF t?TLEDl r F r.F Y ? ? i of ?LLt \ f i { G"T -7 AN ' • ! , r A A 4? , .;*"V COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. NO:2011-06490 Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $85,921.03 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest through September 30, 2011 Late Charges Escrow Advances Appraisal Fees Property Inspection Property Preservation Suspense/Unapplied Balance Deferred Amounts Certified Mail Attorney Fees & Costs of Foreclosure BY: $59,796.79 $1,812.72 $330.63 $4,703.33 $135.00 $76.50 $1,270.00 ($59.76) $16,194.42 $12.90 $1,648.50 $85,921.03 Christopher A. DeNardo, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plainti?f\and against efendants damages are assessed as above in the sum of $85,921.03. Pr' WOW, 11-039768 /q-a)pd,a? eh*-743-1?)f SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery _;'ILF ' r Fl I ? tl i 2?''! PCT -7 is1 r? COURT OF COMMON PLEAS CUMBERLAND COUNTY 2011-06490 AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DENARDO, LLC L- -4?- Y Christopher A. DeNardo, Esquire Sworn to and subscribed A- before me this '? day of `??r? 2011. T Not Public OF P"SMN" NMflal I aennfer M. Sharlm otary Public UPW MWW Twp., MW*9WWVY County Cowdsslon Expl OCt 19, 2014 Member. PennsvlvaMa atbn of Notarlat SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr DEFENDANTS X19 '?^_ r -• m•?"? t 1 t iVi;srU JAR `t' t)l? I AN N: J CMBERLAr cf =. g • y COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, September 20, 2011 to the following Defendants: Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 J ? Meghan )611iams, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 ; PLAINTIFF VS. ' ; Kathy Trullinger and James L. Trullinger, Jr. ; DEFENDANTS F'f c0-0F JCS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kathy Trullinger DATE OF NOTICE: September 20, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la action debida dentro de un ter ino de diet (10) dial de la fecha de esta notification, el tribune podia, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 Christopher A. D ardo, Esquire Shapiro & DeN do, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., ; as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS -ILED 7-1 :1 R i 2011 OCT -7 AM 11: 1 CUMBERLAZ COUNT" PENNSY?'`/\HIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:20 1 1-06490 CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 9 - /)A I I Date Mailed: ' SHAPIRO & DeNARDO, LLC BY: e?? Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS r ;E 1?R0 T H jV 29 11 OCT -7 AM 11: 15 "UMBERLA?iLl 10U1`, PENNSYLVA'1 1 "- COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: James L. Trullinger, Jr. DATE OF NOTICE: September 20, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WELL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la action requirida de su parte en este caso. Al no tomar la action debida dentro de un termino de diez (10) dias de la fecha de esta notification, el tribuna podia, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes'. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo pars averiguar donde se puede conseguir assitencia legal. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 Christopher A. De arc Esquire Shapiro & DeNard , LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr DEFENDANTS THE PROTH10?10-1 2011 OCT -7 AM 11: 16 PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:2011-06490 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 and that the last known addresses of the judgment debtors (Defendants) are: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 BY: SHAPIRO & DeNARDO, LLC e?OL?- Christopher A. DeNardo, Esquire Attorney for Plaintiff 11-039768 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Prothonotary TO: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 20 1 1-06490 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 • [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ J Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 f -- - Y Prothonotary TO: James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 Wells Fargo Delaware Trust Company, N.A., ; as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 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. 0 Prothonotary [XX] Judgment by Default --,4 [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment O Other Wells Fargo Delaware Trust Company, N.A., File No. as Trustee for Vericrest Opportunity Loan Amount Due $85,921.03 Trust 2010-NPL 1 Interest October 1, 2011 to Jan uary 10, PLAINTIFF 2012 is $960.43 Atty's Comm C Costs VS. M o '-n Kathy Trullinger and James L. Trullinger Jr. _4 c Z , 3:111 DEFENDANT(S) = TO THE PROTHONOTARY OF THE SAID COURT: ° % c 'F The undersigned hereby certifies that the below does not arise out of a retail installment safe , contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. /7 1 Date: 7 ` - r' Signature: K ?--- Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 a? -0 Attorney for: Plaintiff C S SZ? Supreme Court ID # PA Bar # 78447 /4-00 6a ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-11-3008-010 BEING the same premises which Tina Marie Young, single woman, by Deed dated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book 275, page 4910, granted and conveyed unto James L. Trullinger, Jr., married man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6490 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Delaware Trust Company, N.A. as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 Plaintiff (s) From Kathy Trullinger and James L. Trullinger, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell See Legal Description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$85,921.03 L.L.$.50 Interest October 2, 2011 to January 10, 2012 is $960.43 Atty's Comm % Due Prothy $2.00 Atty Paid 198.00 Plaintiff Paid Other Costs Date: October 7, 2011 (Seal) REQUESTING PARTY: Name Christopher A. DeNardo, Esq. Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 1 B rot onotary By: Deputy Supreme Court ID No. 78447 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS .;L rE??U _ i. HE G"RUT F CIN 2 I OCT -1 AM 11 ' 16 °ENNSYL`gAN1A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 725 Tower Road, Enola, PA 17025. Name and address of Owner(s) or Reputed Owner(s) Kathy Trullinger 13318 Highway 223 Troy, AL 36081 James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 2. Name and address of Defendants in the judgment: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Unemployment Compensation Fund L& I Building, 16th Floor Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, Plaintiff 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 725 Tower Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 11-039768 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. t?ECt- ?: fir= ?= +?;??? T EE P aI ,10r-T-7 AM 11: -UMBERLAN'0 C , u, PFN!jSY[.'r'r sl COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 Kathy Trullinger and James L. Trullinger, Jr. ; DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on January 10, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $85,921.03 obtained by Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039768 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-11-3008-010 BEING the same premises which Tina Marie Young, single woman, by Deed dated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book 275, page 4910, granted and conveyed unto James L. Trullinger, Jr., married man. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., ; as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS PIRO 2011 OCT -7 A ?l E= 'UMBERLAND CE Unf-y pENN.SYLVA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriffs Sale on January 10, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $85,921.03 obtained by Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039768 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-11-3008-010 BEING the same premises which Tina Marie Young, single woman, by Deed dated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book 275, page 4910, granted and conveyed unto James L. Trullinger, Jr., married man. WRIT OF EXEC11 ION E. id/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6490 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Delaware Trust Company, N.A. as Trustee for Vericrest Opportunity Loan Trust 2010-NPL I Plaintiff (s) From Kathy Trullinger and James L. Trullinger, .Ir. (1) You are directed to levy upon the property of the defendant (s)and to sell See Legal Description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachrnent 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$85,921.03 L.L.$.50 Interest October 1, 2011 to .I n)A -1,, 2012 is 1,498, 3(Q Atty's Comm % Due Prothy $2.00 Atty Paid 198.00 Plaintiff Paid Ol:her Costs Date: October 7, 2011 (Seal) REQUESTING PARTY: Name Christopher A. DeNardo, Esq. Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 Supreme Court ID No. 78447 _ r DO 1UVf'-'Fr notary By: o Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO AMEND WRIT OF EXECUTION Caption: () Confessed Judgment () Other Wells Fargo Delaware Trust Company, N.A., File No. 1 1 _ Lpgc?b as Trustee for Vericrest Opportunity Loan Amount Due 85$ ,921.03 Trust 2010-NPL 1 Interest October 1, 2011 to March 7, 2012 PLAINTIFF is $1,488.36 ' Atty's Comm Costs - = _ vs. ca r U) Kathy Trullinger and James L. Trullinger, Jr. < o =- DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installme t safe, 0b tract, or account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: Signature: Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 78447 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trul.linger and James L. Trullinger, Jr. DEFENDANTS I' BLEU°_ F', ' 1C 6 ±E PROTHONOTA 2012 FED -3 AM 9: 56 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:2011-06490 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPLI, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on January 27, 2012, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: ?4j' jd Meghan Williams Legal Assistant 11-039768 a 07 t7 .- O d p y ` N U- i? ? (n ov d •- >_ m a= _ rn d c o. S U E C N co Rp `??ppp?y ?jO O LL N (n = U N N ? ? W o co N o a C U N O N N N O u Vs p ew N o s N p C t U ? y 01 ? . ? b a a a N ? v W N .? a O ? Ul ? ? ^O ' W N 818 G y O' C ce v, 4) . N C 4S p U I-- C5 O A C-% r4 - O . T aoooa 4 z G46 ? W W H U 'J .. L U $ ' E d z D U (D 4 ? Ca ? ? d c d N ? a n , a ??oo C7 N '' O O N O C ? 0 0 N is ^ NC O ^' a' yywN ? FF?? O O Q Pd.,a?aax v L'L ! l F Y J LO S r OG Q E a u y 'C a N c m a O Rs m 0 C o c^v N 0 a O W Z Q. N o a N co a sj 01 a? o C ZA d LL C6 -,D-OFFICE t- i i, w IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNAV ? ? TA i WELLS FARGO DELAWARE TRUST COMPANY, N.A., AS CASE and/or DOCKET No.: 2811-? 1? ^3 Ali g TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST sherifrs Sale Date: 3-7-201 ERL AND CO A NT Y 2010-NPLI; et seq. Plaintiff (Petitioner) V. KATHY TRULLINGER; et al. Defendant (Respondent) f i i AFFIDAVIT OF SERVICE ?Complaint ®Snmmons AOther: NOTICE OF SALE I, _g r t D, V t s certify that I am eighteen years of age or older and I not a party to the action r an employee nor relative of a party , and that I attemptdd to serve JAMES L. TRULLINGER, JR the above process on the _ L6 day of _ O c-.to z 20- fl- at _:_$43 o'clock, J_K at 13318 HIGHWAY 233 TROY. AL 36081 Manner of Service: By handing a copy to: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiffin the action' E] The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action • An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action • X, By handing a copy to the Defendant(s) ? By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found • (I By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides • r7 By handing a copy at the office or usual place of business of the Defendant(s) to the Defendanfs(s') agent or to the person for the time being in charge thereof* [] By posting a copy of the original process on the most public part of the property pursuant to an order of court • Name: RelationshipTitle/Position: Remarks: Description: Approximate Age 5 Height ra a weight , Race W n < Sex _M Harr 6rw y Defendant was not served because: ? Moved ? Unknown F No Answer ? Vaunt ? 7 ? Other. Service was attempted on the following dates/times: Commonwealth/State of ? Xi. , ,,-,. County of P, k-2) Before me, the undersigned notary public, this day, personally, appeared deposes the following: ) SS: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct (Signature of Afiiant) File Number: 11-039769 to me known, who being duly sworn according to law, Subscribed and sworn to before me this 2.7 day of j!? b t r 20 l ?. i L Notary Public MARTHA MOCRE N()-' AfiY PUBLIC ALAC'AM A, 3TATfE AT _/:.r GE My ?;; 'ifr3iS?;{)A? EY,P!RE£: 95-221-2014 FILED-FFICL O1?A,?. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY N!' 4'ppA?PA WELLS FARGO DELAWARE TRUST COMPANY, N.A., AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST 2010-NPLI; et seq. Plaintiff (Petitioner) CASE and/or DOCKET N19f 3 AM 9: 55 Sheriff's Sale Date: 3 -7eogj?rRLAND coUN i i PENNSYLVANIA V. KATHY TRULLINGER; et al. Defendant (Respondent) AFFIDAVIT OF SERVICE - -- Complaint .,Summons .Other: NOTICE OF SALE a" . S certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a parry , and that I attempted to setve KATHY TRULLINGER the above process on the day of __ _ <) ??t c'__ 20 It , at -_ - ? o'clock, -M, at 13318 HIGHWAY 233 TROY . AL 36081 Manner of Service: By handing a copy to An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge ofa regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized b) the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action By handing a copy to the Defendant(s) °tpd' By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: ttM?.S L f'+? t hH Ci- ?Jo r Relationship"Title."Position: Remarks Description. Approximate Age Height J tai Weight ( Race ?? L' Sex 0\_ Hair fs Defendant was not served because- Moved Unknown 7 No Answer Vacant J , Other Service was attempted on the following dates/times 11 2) 3) Corn monwealth/State of I r 4 ?ti ) p ) SS: Countv of T 1(Ce ) Before e, the ndersigned notary public, this day, personally, appeared , ___ C f t i? O to me known, who being duly sworn according to law, deposes following the I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and coy-?,cr. f.'l??-t. (mow Subscribed and sworn to before me ti (Signature ofAffianf) this ZT day oofC?v?,1Cb??? , 20 File Number :1 1-039768 / .w ((("' Notary Public MARTHA MOORE NOTARY PUBLIC ALABAMA, STATE AT LARGE MY COMMISSION EXPIRFC rig-, e?? -, . SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS FiLED-OFFICE J THE. PROTHONOTARY 2012 F'EB -7 AM 11 : 48 f-,UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 PRAECIPE TO MARK THE JUDGMENT TO THE USE OF U.S. BANK TRUST N.A. AS TRUSTEE FOR LSF6 MRO REO TRUST TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "U.S. Bank Trust, N.A., as trustee for LSF6 MRO REO Trust" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DeNARDO, LLC BY: 9z , Christopher A. DeNardo, Esquire DATED: February 2, 2012 "'a &q, so r.I °?y? SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Mark Judgment to the Use of U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF6 MRO REO TRUST on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Kathy Trullinger, 13318 Highway 223, Troy, AL 36081 James L. Trullinger, Jr., 13318 Highway 223, Troy, AL 36081 SHAPIRO & DeNARDO, LLC BY: ))-?\ Christopher A. DeNardo, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUME Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,ERLAND COUNTY ' ACTHt?P?`; -„ fit, r 20#2 APR 26 CUMBERLAHO COUNTY PENNSYLVANIA Wells Fargo Delaware Trust Company, NA Case Number vs. Kathy Trullinger (et al.) 2011-6490 SHERIFF'S RETURN OF SERVICE 01/05/2012 Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 725 Tower Road, Enola, Cumberland County, PA 17025. 02/03/2012 Affidavit of Service on Kathy Trullinger & James L. Trullinger, Jr. filed in the Sheriffs Office 02/03/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/27/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Christopher A. DeNardo, on behalf of Wells Fargo Delaware Trust Company, N.a., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1. The Sheriffs bid was assigned to Us. Bank Trust, N.A., as trustee for LSF6 MRA REO Trust. Wells Fargo Delaware Trust Company, N.a., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, being the buyer in this execution, paid to the Sheriff the sum of $867.70. 03/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law states that this writ is returned is STAYED. SHERIFF COST: $867.70 SO ANSWERS, March 27, 2012 RON R ANDERSON, SHERIFF 70 pd - 04 J - acs P,4, Co- S0 &&- led .sue f?lJer?+Zy,?cwy ,..? c?-'e ?,.,cunty>uite3r,eii:1 eleesc°t ir1f. r? SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 725 Tower Road, Enola, PA 17025. Name and address of Owner(s) or Reputed Owner(s) Kathy Trullinger 13318 Highway 223 Troy, AL 36081 James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 2. Name and address of Defendants in the judgment: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 James L. Trullinger, Jr. 13318 Highway 223 Troy, AL 36081 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: r Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Unemployment Compensation Fund L& I Building, 16th Floor Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1, Plaintiff 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 725 Tower Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: 6-?,? Christopher A. DeNardo, Esquire 11-039768 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039768 Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL 1 PLAINTIFF VS. Kathy Trullinger and James L. Trullinger, Jr. DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06490 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathy Trullinger 13318 Highway 223 Troy, AL 36081 Your house (real estate) at: 725 Tower Road, Enola, PA 17025 09-11-3008-010 is scheduled to be sold at Sheriff s Sale on March 7, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of $85,921.03 obtained by Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPLI against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Wells Fargo Delaware Trust Company, N.A., as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039768 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et ux, North twelve (12) degrees nine (9) minutes East one hundred seventy-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) minutes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-11-3008-010 BEING the same premises which Tina Marie Young, single woman, by Deed dated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book 275, page 4910, granted and conveyed unto James L. Trullinger, Jr., married man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6490 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Delaware Trust Company, N.A. as Trustee for Vericrest Opportunity Loan Trust 2010-NPLI Plaintiff (s) From Kathy Trullinger and James L. Trullinger, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell See Legal Description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$85,921.03 L.L.$.50 Interest October I, 2011 to.N,,(1n -1 i , 2012 is $Q488.310 Atty's Comm % Due Prothy $2.00 Atty Paid 198.00 Plaintiff Paid Other Costs Date: October 7, 2011 (Seal) REQUESTING PARTY: Name Christopher A. DeNardo, Esq. Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 Supreme Court ID No. 78447 Deputy TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal of said Court aat. Carlisle, Pa. This 7 of --?p?200 // mtory &V . David D. Buell, Prothonotary By: On November 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 725 Tower Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date November 2, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-6490 Civil Term Wells Fargo Delaware Trust Company, N.A., As Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 VS. Kathy Trullinger and James L. Trullinger, Jr. Atty.: Christopher A. DeNardo ALL THAT CERTAIN piece or par- cel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the center of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late of Lester O. Walborn, North forty-seven (47) degrees West one hundred ninety-five (195) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et ux, North twelve (12) degrees nine (9) minutes East one hundred sev- enty-nine and forty-five hundredths (179.45) feet to a fence post; THENCE along land now or late of Frank New- meyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) feet to a Railroad Spike in the center of Tower Road; THENCE along the center of Tower Road, South fifty-eight (58) degrees six (6) min- utes West forty-three and fifty-seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-11-3008-010. BEING the same premises which Tina Marie Young, single woman, by Deed dated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book 275, page 4910, granted and conveyed unto James L. Trullinger, Jr., married man. 81 r- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Ep itor SWORN TO AND SUBSCRIBED before me this 10 day of Februga, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28.2014 awmw? The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4fPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalt 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. .a PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 '_tU f, Sworn to ibscribed bef re m is 24 ebruary, 2012 A. D, Jj 1 D Notary P' lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Publk Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 02/03/12 02/10/12 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES ehe patriot-Xims Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 01/27/12 02/03/12 02/10/12 Of Ad Sheriff Sale 6490 6.84 $12.00 $ 82.08 Sheriff Sale 6490 6.84 $12.00 $ 82.08 Sheriff Sale 6490 6.84 $12.00 $ 82.08 Notary Fee I I I I I 1 I $5.00 TOTAL DUE FOR THIS SALE: $ 261.24 JLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U.S. Bank Trust NA as trustee for LSF6 MRA REO Trust is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 7 day of October, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6490, at the suit of Wells Fargo Delaware Trust Co NA as Trustee for Vericrest Opportunity Loan Trust 2010-NPL1 against Kathy Trullinger and James L. Trullin eg r Jr. is duly recorded as Instrument Number 201212007. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A.D. o? D/,? day of Powder of Deeds, umberiand county, Carlisle, PA Reco er of Deeds ?i commission Expires the Fist Monday of Jan. 2014 2011-6490 CMI Term ells Fargo Delaware Trust C npany, N.A., as Trustee for Verxrest Opportunity Loan Trust 2010-NPL1 VS Kathy Trullinger and James L. Trullinger, Jr. Atty. Christopher A. DeNardo ALL THAT CERTAIN piece or parcel ,f land situate in the Township of Last Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a Railroad Spike in the enter of Tower Road at the northeaster line of land now or late of Lester O. Walborn; THENCE along land now or late 4 Lester 0. Walborn, North forty-seven 47) degrees West one hundred ninety-five 95) feet to an iron pin; THENCE along land now or late of Harry J. Bowles, et us, ti,,rth twelve (12) degrees nine (9) minutes ..st one hundred seventy-nine and forty- Iive hundredths (179.45) feet to a fence post; THENCE along land now or late of Drank Newmeyer South twenty-six (26) degrees twenty-five (25) minutes East three hundred eighteen and seven tenths (318.7) fc _'t to a Railroad Spike in the center of I wer Road; THENCE along the center of I(,wer Road, South fifty-eight (58) degrees s (6) minutes West forty-three and fifty- seven hundredths (43.57) feet to a Railroad Spike, the Place of BEGINNING. PARCEL No. 09-I1-3008-010 BEING the same premises which Tina Marie Young, single woman, by Deed ;fated 06/20/2006 and recorded in the Cumberland County Recorder of Deeds Office on August 2, 2006 in Deed Book '7. page 4910, granted and conveyed unto amen L. Trullinger, Jr., married man.