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Home My WebLink About04-4557IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, CIVIL DIVISION NO.: 0 q- Plaintiff, VS. RICHARD D. THOMAS and TRACY L. THOMAS, TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: I hereby certify that the address of Pla'mtiffis: 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 BAYVIEW LOAN SERVICING, LLC, Plaintiff the last known address of Defendants is: 47 Drexel Place New Cumberland, PA 17070 COUNSEL OF RECORD FOR THIS PARTY: and the location of the property is: 47 Drexel Place New Cumberland, PA 17070 Township of Lower Allen Parcel I.D. No. 13-25-0008-002A-UG-47-1 County of Cumberland A~%rPlaintiff - - Gary W. Dart, Esquire PA I.D. No. 90857 McGRATH & ASSOCIATES, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 Telephone (412) 281-4333 Facsimile (412) 281-2141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, CIVIL DIVISION NO.: Plaintiff, VS. RICHARD D. THOMAS and TRACY L. THOMAS, Defendants. NOTICE TO DEFEND 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, 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUR TADMINISTRA TOR 4th Floor, Cumberland County Courthouse Carlisle, PA ] 7013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, VS. Plaintiff, CIVIL DIVISION NO.: Or- RICHARD D. THOMAS and TRACY L. THOMAS, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE NOW COMES, Bayview Loan Servicing, LLC, servicing agent for Wachovia Bank, N.A., successor by merger with First Union National Bank, by and through its attorneys, McGrath & Associates, P.C., and files this Complaint in Mortgage Foreclosure as follows: 1. Bayview Loan Servicing, LLC is a financial institution with a place of business located at 4425 Ponce De Leon Boulevard, 5t~ Floor, Coral Gables, Florida 33146 (hereinafter referred to as "Plaintiff"). 2. Richard D. Thomas and Tracey L. Thomas are individuals with a last known address of 47 Drexel Place, New Cumberland, Pennsylvania 17070 (hereinafter referred to as "Defendants"). 3. On or about September 9, 1998, Defendants obtained a loan from Mellon Bank, N.A, in the original principal mount of $52,000.00. The loan is evidenced by a certain Note ("Note") dated September 9, 1998, executed by Defendants. A true and correct copy of said Note is marked as Exhibit "A", attached hereto and made a part hereof. 4. On September 9, 1998, as security for payment ofthe debt evidenced by the Note, the Defendants made, executed and delivered to Mellon Bank, N.A. a Mortgage in the original principal mount of $52,000.00 ("Mortgage") on the premises commonly known as Condominium Unit No. 47 Drexel Place, New Cumberland, Pennsylvania 17070 ("Mortgaged Premises"). 5. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on September 10, 1998, in Mortgage Book Volume 1482, Page 35. A true and correct copy of the Mortgage containing a complete legal description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 6. On or about March 7, 2001, Mellon Bank, N.A. assigned the Note and Mortgage to First Union National Bank, as Indenture Trustee, as evidenced by an Assignment of Mortgage recorded in the Recorder's Office of Cumberland County in Record Book Volume 681, page 4348. A true and correct copy of said Assignment of Mortgage is marked Exhibit "C", attached hereto and made a part hereof. 7. Defendants are the record and real owners of the Mortgaged Premises. 8. Defendants are in default under the terms of the aforesaid Note and Mortgage for, inter alia, failure to pay the monthly installments of principal and interest when due. 9. Demand has been made upon the Defendants by Plaintiff for payment on the Note; however, Defendants have failed or refused to pay. 10. On or about July 12, 2004, Defendants were sent Notices regarding the Pennsylvania Homeowners' Emergency Mortgage Assistance Program pursuant to Act 91 of 1983 by first class U.S. Mail, Certificate of Mailing (PS Form 3817). A true and correct copy of said Notice is marked Exhibit "D", attached hereto and made a part hereof. 11. As of August 17, 2004, the amount due and owing Plaintiffby Defendants under the Note and Mortgage is as follows: Principal Balance Interest Due to 08/17/04 Escrow Balance to 08/I 7/04 Late Charges to 08/17/04 Other Funds Due to 08/17/04 TOTAL $46,931.48 $ 1,022.13 $ 198.96 $ 75.95 $ 42.00 $48,270.52 plus interest, escrow, late charges, and other amounts as authorized by the Note and Mortgage fi.om August 17, 2004, including reasonable attorney's fees and costs of collection. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $48,270.52, plus interest, escrow, late charges, and other amounts as authorized by the Note and Mortgage fi.om August 17, 2004, including reasonable attorney's fees and costs of collection, and for foreclosure and sale of the Mortgaged Premises. McGRATH & ASSOCIATES, P.C. Gary W. Dar~, Esquire PA I.D. No. 90857 Attorneys for Plaintiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 Telephone (412) 281-4333 Facsimile (412) 281-2141 CERTIFIEII~O BE A T~IJE COPY NOTE ~ HILL 5810077734 THOMAS P ~NNSYLVANIA 1. ~ORHOWER'S ~ROM/SE TO PAY 52,000.00 5. 75000 PAYMENTS BORROWER'S RIGHT TO PP.,.EPAY LOAN CHARGES 6. ~ORROWER'$ FAILURE TO PAY AS REQUIRED 7. GIVI~G OF NOTICES EXHIBIT (Sign Original Only) RECORD AND RETURN TO: MELLON MORTGAGE COMPANY P. O. BOX 4883 HOUSTON, TEXAS 77210 CERTIFIB TO BE TRUE COPY MORTGAGE THIS MORTGAGE ("Security ~ns~umenff') ia given on SEPTEMBER 09 RICHARD D THOMAS AND TRAC¥ L THOMAS , 199~ 5810077734 · '~he mort~agor i$ ("Borrower"). This Secu~ty InsValment is given ~o MELLON BANK, N.A. which is or~anized and exis~/n~ under the laws of THE UNITED STATES OF AMERICA , and whose adclress is 501 HOLIDAY DRIVE, FOSTER PLAZA IV, pITTSBURGH, PENNSYLVANIA 15220 ("Lender"). Borrower owes Lender the prin~4pa! sum of FIFTY TWO THOUSAND AND 00/100 ............... %~ ......................................... DeHars (U.S. $ 52,000.00 ). This deb~ is e~ddenced by Boh~weFa note dated the same 4ate ss fl~is Security Instrument ("?~Ots?), w~ch pro%deles for roundly ~ayrnents,. with t~e ~u]! d~b% if' not l~aid e~rlier, due and payabl_e _on OCTOBER 01, 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and mocli[ic~t~ons ,of the Note; Co) the paymen~ of al! other sums, with interest, aclvancod under parawraph 7 to protect ~he security of this Secu~,'ty Instrument; and (c) ~he perforrn~c~ of Borrower's covenants and agreements under this Security Instrument and the Note:I Pot this purpose, Borrower d~es hereby mortgage, ~rant and convey to Lender the following described proper~y l~ca~a in i CUI~ERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION IiERETO AND MAI),E A PART HEREOF. which haa the address of 47 DREXEL pLACE NEW CITIiBERI,A~ , Pennsylvania 17070 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtsnanres, and f~x~uree now or hereat%er a part of the property. All replss~ments and additions shall also be covered by fJ~is Security InstTument. AIl of the foregoing is referred to in this Security [n~rument as the '~°roperty." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mort~m~e, ~Tant and convey the Prep~rty and that the Prepercy is unencu~mbered, except for encumbrances of record. Borrower warrants and will defend generally the title to ~he Property a~ainst ali elaJ~ms and demands, subject to any encumbrances of record. PENNSYLVANIA - Single Family - Fannie MBo/Freddie Mac UNIFORM iNSTRUMENT EXHIBIT THIS SECURITY INSTRUMENT combines uniform covenante for national use and non-uniform covenants with limited variations by jurisdict/on to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Payment of Principal and Ia:erect; l~r~payment and Late Charges. Borrower shall promptly pay when due the principal of and interest an the debt evidenced by the Note and a0y prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable, law or to a written waiver by Lender, Borrower shall pay tn Lender on the day monthly payments are due under the Note, uR:il the Note is paid in full, a sum ('Tunde") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a llen on the ~oparty; Co) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if an~,~ (e] yearly mort&age insurance premiums, if any; and (f) any sums payable by ~orrewer to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of ! 974 as amended from time to time, ! 2 U.S.C. § 2601 et seq. ('RESPA"), unless another law that applies te the Funds sets a lesser amount. If so, Lender may, a: any time, collect and hold Funds in an amount not to exceed the ]esser amount. Lender may estimate the amount of l~tnde due on :he]basis of current data and reasonab]e estimates of expenditures of future Escrow Items or otherwise in accordance with applicablL law. The Funds shall be held in an inet/turban whose depasit~ are insured by a federa~ agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal I-Iome Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and apply/nd the Funds, annually unalyz/ng the escrow account, or verify/nd the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law perm/ts Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in co.nect/on with th. is ]o~,n, un]c:: ap~]i~.~b!e la,.v provides othetvhse, ii}'nless an agreement is made or applicable law requires intsres: to be ~tid, Lender shall not be required to pay Borrower any interest or earn/nde on :he Funds. Borrower and Lender may agree in writing, however, that interest shall be pa/d on the Funds. Lender shall g/ye to Borrower, wi:hoot charge, an annual accounting of the Funds, showing credits and debits to :he Funds and the purpose for which each debit to the Funds was made. The Funds are pledged es additional secur/ty for all sums secured by th/s Secur/ty Ias~;rument` If the ~nds held by Lender exceed the amounts permitted t~ be held by applicable law, Lender shal! account to Borrower for the excess Funds in accordance w/th the requirements of applicable law. If the amount of tho l~'unds held by Lender at any time is not sufl~cien~ to pay :he Escrow Items when due, Lender may so notify Borrower in wi/ting, and, in such case Borrower shall pay te Lender the amount necessary to make up the defic/ency. Borrower shah make up the deficiency in no more than twelve monthly payments, a: Lender's sole d/scretion. Upon payment in full o£all sums secured by t~s Secur/ty Instrument, Lender shall promptly refund to BorrOwer any Funds held by Lender. If. under paragraph 21, Lender shall acquire or sell the Property, Lender, pr/or to the a~lU/sition or sale of the ~r0perty, shall apply any Funds held by Lender at :he time of acquis/tlon or sale ~s a credit against the sums ~x'ured by this Security Ins~a'umen:. 3. Applleation of Payments. Unless app]icabIe law provides otherw/se, all payments received by Lender under pareg*raphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to a.mounts payable under paragraph 2; third, to interest due; four,h, to print/pal due; and !as:, to any late charges due under the Note. 4. Charges~ Liens. Borrower shall pay all taxes, assessments, charges, fines and drapes/:ions attributable te the Property which may attain prior/.fy over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if no: paid in tho: manner~ Borrower shall pay them on time Erectly to the person owed payment. Borrower shall promptJy furnish to Lender all notices of amounte to he paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender rece/pts er/den:lng the payments. Borrower shaU prompdy discharge any lien which has priority over this Security Instrument unless Borrower:. (a) agrees in wr/ting to :he payment of the obligor/on secured by the lien in a manner acceptable to Lender; (b) contests in good fa/th :he Ilea by, or defench; against enforcement of the lion in, tegal proc?edings which in the Lender's ap/n/on operate to prevent the enforcement of the lien; or (c) secures from the holder of the I/eh an agreement satisfactory to Lender subordinating the lien to :his Security Instrument. If Lender determines that any part o? the t~roper~y is subject to a lien which may atta/n priority over this Security Ins~'ument. Lender may g/ye Borrower a notice identifY/nd :he lien. Borrower shall satisfy :he lien or take one or more of'the actions set forth above w/thin 10 days of the g/ving of notice. 5. Hazard or Property L'~surance. Borrower shall keep the improvements now e~dsting or herea/~er erected on the l~roper~y insured against loss by fire, hazards included within the term %xtended coverage" and any other hazarde, including floods or flooding, for which Lender requires insurance. Th/s insurance shall be muintelned Jo the amounts and for the periods that Lender requires. The insurance carrier provid/ng the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably w/thheld. If Borrower fa/is t~ ma/nta/n coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the l~'operty in accordance w/th paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender ail receipts of paid premiums and renewal notices. 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 and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically fe .apible and lender's security is not lessened. If the restoration or repair is not economically feasible er Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then clue, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collpct the insurance prOCeeds. Lender may use the proceeds to repair or restore the Proper:y or to pay sums secured by this Securit~ Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of :he monthly payments referred to in parattraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's, right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to :he extent of the sums secured by this Security Instrument immediately prior to the ecc!uisitlon. ti. Oocupancy, Preservation, Maintenance and Protection o1' the Property; l]orrower'a Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably w~:hheld, or unless extsnua~ng, c~rcumstences ex~st which are beyond ]~orrower's control. Borrower shall not destroy, damage or impair the ]Property, allow the Property to deteriorate, or commit wests on the Property. Borrower shall be in default if any · ~oi'felt'are action or proceeding, whether civil or criminal, is be~.!n t~el; in .l.,ender's good t'aith judgment coBld ~lfq. sull~ in forfeiture of the Property or otherwise materially impair the lien created by :his Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as pcovided in paragraph 18, by causing the action or proceeding' to be dismissed with a ruling that, in Lender's good faith determination, prechidss forfeiture of the Borrower's interest in the Property or other material impdirmen: of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan apl~licatisn process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by :he Note, including, but not limited to, representations concerning B~orrower's occupancy of the Property as a principal residence. If this Security Instmmenl: is on a leasehold, Borrower shall comply with all the provisions of:he lease. If Borrower acquires fee title to the Proper:y, the leasehold and the fee title shall not me~e unless Lender agrees to the merger in writing. ?. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that ma), significantly affect Lender's rights in :he ProperLy (such as a proceeding in bankruptcy, probate, for condemnation or forfeiLalre or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protsct the value of the ProperLy and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in tour:, paying reasonable attorrieys' fees and entering on the Property to r{mke repairs. Although Lender may t~ke action under this paragraph 7, Lender doss not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Nots rate and shall be payable, with intsrest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mort~'age insurance as a condition of making the loan secured by this ~-"carity Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mort~ge insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effg-ct, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to lender each month a sum equal to one-twelRh of :he yearly mortga&e insurance premium being paid by Borrower when :he insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a lose reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance covers&e (in the amount and for the period that Lender requires) provided by an insurer approved by lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in eff,'ect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreemelnt between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable ehtries upon and inspections of:he [:~reperty. Lender shal} g~ve Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. I0. Condemnation. The proceeds of a~y award er claim for damages, dira~ or consequential, in connection with any condemnation or other taking of any par~ of the Property, or for conveyance in lieu of condemnation, are hereby assigned a~d shall be paid to Lender. In the event of a total taking of the Prop~r~, the proceeds sh~l] be applied to the sums secured by this Securi~y Ins~-ument, whether or net then due, with any excess paid to Borrower. [n the event ofa l~rtial' ~-.ing of ~he Pcopeny in which the fair market value of the Property immediately before the taking is equal to or greatsr than the anlount of the sums secured by this Security Inst~rument immediatsly before the taking, unless Borrower and Lender otherwiss agree in writing, the sums secured By this Secor~y Instrument shall be rsduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, di,vided by (b) the fair market value of the Property immediatoIy before the taking, Any balance shall be paid to Borrower. In the event of a parlial taking of the Prepert3~ in which the fair market value of the Property immediatsly balers the taking is less than the amount of the sums secured immediatsly before the taking, unless Borrower and Lender otherwise agree in wrii;ing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Preper~y is abandoned by Borrower, or if, afar notice by Lender to Borrower that the condemner offers W make an award or ser~le a claim for damages, Borrower fails to respond to I~nder within 30 days after the da~ the notice is given, Lender is authorized to collest and apply the proceeds, at its option, either to restoration or repair of the Property er to the sums secured by this Security InsVrument, whether or not then due. Unless I~nder and Borrower otherwise agree in writing, any application of preceeds ~ principal shall not extsnd or postpone the due dots of the monthly pal~nents referred to in paragl~phs I and 2 or change the amount of such payments. I1. Borrower Not Released; Forbearance By I.~nd~r Not a Waiver. Extension of the rime for payment or modification of amor~zafion of the sums secured by this Security lns~'ument grantsd by Lender to any successor in interest of Borrower shall not operats ~o release the liability of the original Borrower or Borrower's successors in interest~ Lender ~hall not be requi~d te commence preceedingo against any successor in in,rest or refuse to extend tima for payment or otherwise modify amo~za~ion of the sums i~cured bi,' this Securit'y Ins~'a'ument by reason of any demand m~d~ hy the ore,hal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any righ~ or remedy shall no~ be a waiver of or preclude the exerci~ of any right or remedy. 12. Successors and Assigtas l~ound4 Joint and ~v~'~l Liability; Co~igner~. The covenants and agreements of this S~curi~y Instrument shall bind and benefit the saccessore and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who ce-signs this Security Instrument bu~ does not executs the No,e: (a) is co-signing this ,$~curity Instrument only to mor~.~,,a~z, grant and col~vey that Borrower's m~res~ m the Proper~y un~r the terms of th~s Secunt~ Instrumen~ (b) Is not personally obi gatsd to pay the sums secured by this Security Ins~:i'umenr4-and lc) agrees that Lender and any other Borrower may agree to ex,nd, modify, forbear or make any accornnrnodagons with regard ~o the tsrms of this Securer'), Instrument ar the Nots without that Borrower's consent. Ill. Loan Charges. If the loan secured by this Security InsWument is subj~-t to a law which s~m maximum loan charges, and that law is finally interpreted so that the interest or ethel loan charges ce]letted or to be collated in connection with the loan exceed the permittsd limit, then: (a) any such loan charg~ shall be reduced by the amount neceslmry to reduce the charge to the l~rmit~ed limit; and (b) any sums already colle~-'~d from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose ~o make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces l~'incipai, the reduction will be treated az a parsial prepayment without any prepayment charge under the No~e. 14. Notices. Any notice ~o Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first c]ass mail unless applicable law requires uso of another method. The no,ice shall be directed to the Property Address or any other address Borrower designates by nolzic~ te Lender. Any notice ~a Lender shall be given by first class mail te Lender's address st. atsd herein or any other adch~ss Lender designatss:iby no,ice to Borrower. Any no~ice provided for in this Security Insvcumen~ shall be deemed to have been given ts Borrower or I:l~nder when given as provided in Chis parai~'aph. 15. Governing Law; S~verability. This Security Instrument shall be governed by federal law and the law of the jurisdiciion in which the Preper~y is located. In the event that'any provision or clause of this Security Instrument or the Note conflic~ with applicable law, such conflict shall not affect o~hec provisions of this Security Instrument or the l~rots which can be given effect without the conflicting provision. To this end the previsions of this Securi~ Instrument and the Note are declared to be severable. 16. l~orrower's Copy. Borrower shall be given one conformed copy of the Nots and of thio Securit~ Inswument. 1/. 'l°ransfer of the P~roperty or a Beneficial L-xtar~st i~'Bon-owe~-. If all or any parc of the Praper~'y or any interest in it is sold or ~'ansferred (er ifa beneficial interest in Borrower is sold or ~ransferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at i~s option, require immediate payment in full ofall sums s~-ur~d by this Security InsWament. However, this option shall not be exercised by Lender if exercise is prohibited By federal law as of the date of this Security Instrument. If Lender exercises this op~on, Lender shall give Borrower not~c~ of acceleration. The nofi~ s~ll pm~ a ~fiod of not le~ :h~ 30 ~ys ~m the ~ the no~ is ~elive~d or m~led ~n which ~wer m~t ~y ~l ~ms ~d by t~s Ins~men~ ~ B~wer f~la ~ ~y the~ sums p~or ~ ~e ex~on of ~s ~ ~nder may invoke any ~me~es ~itmd by this ~ Ins~ment ~thout ~her no~ or ~m~d on Bo~ower. l& ~weWs ~ght ~ ~. If Bo~wer m~m ~n ~n~on% Bo~wer sh~] have the ~ght ~ have ' enfo~ment of t~s ~ Ins~ment ~n~nued at ~y ~me p~ ~ the e~lier of: (a) ~ ~ys (or such other pe~ as appli~le law may s~ for rei~m~ment) ~fo~ ~e ~ ~e ~ pu~nt m ~y ~wer of ~ie ~n~ined in this ~ I~ment; or (b) en~ of a ju~ent enfo~ng ~his ~ In~ment. ~o~ ~n&~o~ ~ that Bo~we~ (a) pays ~n~r ~1 sums which ~en would ~ due un~r ~is ~ Ins~ment ~d the No~ as if no ~le~on had ~d; (b) ~s ~y ~fault ~ any o~er ~ven~m or ~emen~; (c) ~ys all ex~n~s inked in enfo~ng ~s ~cu~ Ins~menr, inclu~ng, but n&t limi~d ~, ~nab]e ~e~' fees; ~d (d),~es ~ch a~on ~ ~n~r may ~n~]y ~ui~ ~ a~u~ C~t the lien of ~s ~ ~s~men~ ~ndeFs ~ghm in ~e ~ and Bo~we~s oblivion m ~y ~e sums s~d by ~his ~cu~ Ins~men~ shall ~n~nue unchange& U~n ~insm~ment by B~weL ~s ~ ~s~ment and the oblivions ~cu~d hereby s~[ ~n fully eff~ve ~ if no ~[e~on had ~& However, ~s ~ght W minim shall not apply in ~e ~ of~lem~on under ~ph ~ 7. ~.Sa~ofNo~C~ngeof~an~. ~e N0m or a ~ inmost in the No~ (~e~er ~ ~s ~u~ In~menr) may ~ ~ld one or m~e ~mes ~out ~or no~ ~ Bo~wer. A ~le may ~1~ in a c~ in ~e en~ ~o~ as the '~ ~r") ~at mll~ mon~ly ~en~ due un~r ~e Nora and this ~ ~ment. ~ere al~ may ~ one ~ m~ c~s of~e ~n ~r un,}amd m a ~e of~e No~. ffthe~ ~s a ch~ ~ ~he ~ ~r, Bo~wer ~ven ~n no~ of the change ~n ~co~ ~ ~p~ 14 ~ve ~d appli~]e law. ~e no~ ~lI s~ ~e name and ad~ of ~e new ~ ~r ~d ~e 'a~ss ~ w~ic~ ~en~ should ~ m~e. ~e no~ce ~]1 al~ con,in any o~er inf~ ~ut~d by a~li~ble law. ~. ~o~ ~u~nees. B~wer sha]l not ~ or ~t the p~n~, u~, ~I, ~e, or mlea~ of any · ~dous Sub~nces on or in ~a ~'. ~'~r ~h~!l not do, n~r ~low anyone el~ m. do, ~ing ~e~ng the ~at is'in ~ola~on of ~y En~nmen~ ~w. ~e ~ng ~ ~n~n~s s~l not apply m the ~n~, u~, or ~ on the ~ of ~all q~es of ~ar~us S~s ~hat a~ ~ne~]y ~z~ m ~ ap~p~a~ ~ no~al re~n~al u~s ~d ~ m~n~nan~ of the ~. Bo~wer ah~l pmmp~y ~w ~nder ~n no~ce of any,inves~on~ cl~m, deman~ lawsuit or other ~on by any ~ve~men~ or re~lam~ ~n~ or ~va~ ~ ~nvol~ng ~e ~ ~nd any H~ous Su~nce or ~w of w~ch ~ower h~ a~l ~owle~e. ~ Bo~wer ]e~% or is no~fied by any ~ve~men~ or ~lam~ autho~, that any mmov~ or other ~me~a~on of any H~ardous Subs~ ~e~ng the ~pe~ ts ne~, Bo~ower sh~l promptly rake all ne~s~ mme&~ a~ons in ~n~ ~ En~mnmenml ~w. ~ u~d in this ~ph 20, "~aeo~OUS Subs~ces" ~ tho~ ~ces defined ~ m~c ~ h~rdous subs~n~s En~mnmen~ ~w and the follo~ng sub~nces: ~]ine, ke~ne, o~her flamm~]e or ~c ~]eum p~du~, ~c ~s~s ~d he~i~des, vola~le ~lven~, maC, als ~n~ng a~s or fo~aldeh~e, ~d ~ve mammals. ~ u~d in t~s ~h 20, "En~nmenml ~w" means fe~l laws and laws of ~e ju~c~on whe~ the ~ ~s l~d that mla~ m he~, ~fe~ or en~mnmen~ NON.~O~ CO~N~. ~wer and ~nder ~er~venant ~d ~ as fo[lows: ~. Ae~tion; ~m~ie~ ~nder s~ ~ve notice ~ ~r p~ ~ aeeele~t~ foHo~ng ~w~s b~eh of any ~venant or a~ent ~ ~s ~ ~nt ~ut not p~or ~ a~l~tion under pa~ph 17 ~ese applicable ~w p~d~ othe~se). ~d~ ah~ ao~ ~r o~ amo~ other ~: (a) the de~ui~ ~) ~e action ~d ~ e~ the de~l~ (c) when the de~t m~ ~ c~; and (d) t~t ~il~ ~ e~ the de~t aa ~ed may ~s~t ~ aeeele~tio~ of the s~s ~ by t~s ~ ~ent, ~u~ by ~ei~ p~ and ~ ofth~ ~pe~. ~der s~H ~er ~m ~wer of the ~ght to ~ ae~Uoa and the ~ght ~ a~ ~ ~e ~1o~ p~g the nonages of a de~t or any other def~n~ of ~wer ~ aee~tion and ~loa~. ~e d~t is eot e~d as a~e~, ~n~r at its option may ~ ~e~a~ parent in ~H of ~ ~ ~d ~ t~ ~ ~t ~tho~t ~her de~d and ~y ~loxe t~s ~ ~ment ~ ju~ei~ p~g. ~nd~ s~H ~ en~t~d ~ ~oH~ aH e~e~s inc~ ~ pu~g the ~me~es p~d~ ~ t~s p~ph ~ ~elu~g, ~t sot lim~d ~, a~s' f~s and ~ of~t~ ~dence ~ ~e e~t pe~d ~ appH~b~ ~w. 2~ P~l®a~. Upon payment of all sums secured by this Socurity Ins~rumon~, this S~cur/ty InsCcument and the es~a~e conveyed shall terminate and become void. Afar such occurrence, Lender shall d/scharge and satisfy this Security Ins/~ument w/thout charge to Borrower. Borrower shall pay any recorda~/on costs. 2~. Wmlvers. Borrower, to the extant permitted by applicabIe law, waives and releases any error or defects in pro~edings to enforce this Security Instrument, and hereby waives the ben~f/t of any present or future laws pray/ding for stay of execution, exten~/oo of t/me, exemption from attachment, levy and sale, and homestoad exempt/on. 24. Re/nstatoment Per/od. Borrower's ~me to reinstato pray/deal in paragraph ~8 shall ex. nd to one hour prior ro the commencement of bidding at a sheriffs sale or other sale pursuant to this S~curity Instrument- 25. Pur~h~ Money Mortgage. If any of the deb~ secured, by th/s Security Insvrument is lent to Borrower to acquire ~/tle to the Property, ~his S~curity Ins:rumen~ shall be a purchase money rnar~g~ge. 26. Inmrest Rate Afar Judgment.. Borrower agrees that the interes~ rata payable after a judg'mznt is entered on the Note orin an action of mortgsge foreclosure shai! be the rate payable from :/me to t/me under the Note. 27. Riders to this ~ur/ty Instrument. If one or mare riders are executed by Borrower and recorded together with this · Security Instrumen:, the covenan:s and agrsamentz of each such rider shall be incorporated into and shall amend and supplement the covenants and agreemenm of this Secur/ry Instrument as if the rider/s) were a part of this Security Instrument. [Check applicable box(es)] [] A~ustable Rate Rider [] Condominium Rider [~ 1-4 Family Ride~: [] Graduated Payment Rider ~ Planned Uhlt Development R/der [] Biweekly Payment R/der [] Balloon Rider [] Rate Improvement Rider ~] Second Hame Rider i~ O~heris) [spec/.fyl BY SIGNING BELOW, Borrower accepts and agrees to the ~errns and covenan~ contained in this Security Instrument and in - any rideff,~) executed by Borrower and recorded with it Witnesses: TRACt~ L THOMAS (Sea]) -Borrower (Seal) -Borrower STATE OF PENNSYLVANIA , COMBERLAND County se: On this, the 09TH day of SE~°TEI'~ER 1998 , before me, the undersigned officer, personally appeared RICHAP, D D THOMAS A~D TRA~Y L THOMAS , ....... ~.~ ~: sausfactenly proven) to be ~e person S whose nams.~ ~ subscribed to the w~th~n mst~rum~n~.ar~:~e//:that THEY execu~d the same for the purpo~s herren cants/ned. ~ ~ ~ -~,~. IN WITNESS WHEREOF, I hereunto set my hand and official:seal. · [ Nota. a Seal [ (C~ ~ '~-~/---~' >' .~'.-:"'~ My commissian expires- 8onnsJoOeltc~ Nolar~Pu~a I - -/ Certificate of Rasiden~ of Mortgage' ' ' ~/ILLON B.~qK, N, A. , Mor~agse w/thin named, hereby cer~/fies that i~s pr/nc/pal place of bus/ness is at 501 HOLIDAY DRIVE, FOSTER PIJkZA IV, PITTSBURGH, PENNSYLVANIA 15220 ALL THAT CERTAIN 10t or piece of ground with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being more fully described on that certain As ~uilt Plan of Foxlea Residential Community Village One, Phase 1, Lower Allen Township, Cumberland County, Pennsylvania, as prepared b~ Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated October 6, 1976 and last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, Ma~ch 23, 1977 in Plan Book 26, Page 50, which Plan is herein incorporat6d by reference as if hereto attached, as unit Number 47 in Building "G" and described on said.As Built Plan by mete~ a~d bounds whic~ description is likewise herein incorporated by reference. TOGETHER with all the benefits and rights of easement and enjoyment as excepted and reserved by Foxlea Nominee Corp. and Foxlea Enterprises, Inc. in its Deed to Cumberland County National Bank and Trust Company dated April 21, 1975 and duly recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A, Volume 26, Page 303. PENNSYLVANIA COUNT~pF / RLAND Assignment of Mortgage (MD), MELLON BANK (DE), AND ME[J-ON BANK (NJ) 3336 RICHMOND, HOU TX 77098 STATE OF FLORID A ) ) $$ COUNTY OF DADE ) O~ 03/o7/2001 , before mc, PEDRO L. SOAREZ Fc~somally appcarcd ROBERT G. HALL VICE PRESIDE~IT of MELLON BANK, N.A. AS SUCCESSOR BY MERGER TO MELLON BANK (MO), MELLON BAI~ (DE), AND MELLON BATIK 24O I EXHIBIT Assignment of Mortga$e BETWEEN: As ~e~t~re Trustee 2~1 S. Ba'/shm~ Dr~e, Sm~e 400 Miami, FL 33133 , do hereby certify that AS SIGNE ASSIGNEE or Agent for ASSIGNEE Date: July 12~ 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortla~e on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa£es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRA~ (HEMAP) may be able to help to save your home. Tiffs Notice explains how the pro, gram works. To see if HEMAP can helo, you must MJ~ET WITH A CONSUNIER CREDIT COUNSELING AGENCY W/THIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yon when you meet with the Counseline Agency, The name, address and I)hone number of Consumer Credit Counseling Agencies servin~ your County are listed at the end of this Notice, 1I *ou have any questions, you may call the Pennsylvania Housin~ Finance Agency toll free at 1-800-342- 2397.(Persons w/th imoaired hearing can call (717) 780-1869). This Notice contains important legal information. If yon have any questions, representatives at the Conslrmer 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 Trod a lawyer. LA NOTIFICAC1ON EN ADJ~NTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVLENDO EN SU CASA. SI NO COMI~RENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION ENMEDITAM~NTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL ~LrNIERO ~[ENCIONADO ARR/BA. PUEDES SER ELEGEBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOM]~OWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI3~IR SU IqIPOTECA. * (Must be at least 30 point type) HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Richard D. Thomas and Tracv L. Thomas 47 Drexel Place, New Cumberland~ Pennsvivania 17070 0000149325 Mellon Bank, N.A. CURR~NT LEN'DERJSERVICER: BavView Loan Servicing, LLC, servicing agent for Wachovia Bank, NA, as trustee fka F/rst Union National Bank for BavView Series 2002-D EXHIBIT HOMEOWTqER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGI~BLE FOR FIMANCIAL ASSISTANCE VCitlCH CAN SAVE YOUR ItOME FROM FORECLOSURE AIND ItELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE AcT OF 1983 (TItE "ACT"), YOU MAY BE ELIGI~BLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFALrLT ]ETAS BEEN CAUSED BY CIF~CUMSTANCES BEYOND YOUR CONTROL, · IF YOU ItAVE A REASONABLE PROSPECT OF BEKNG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU M]gET OT~ER ELIGI]5ILITY REQLrlP~N][ENTS ESTABLISHED BY TI~E PENNSYLVANIA HOUSING FI2qANCE 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. During that t/me you must arrange and attend a "face-to-face" meeting with one of the consumer credit counselhag agencies listed at the end oft/ds Notice. THIS MEETING MUST OCCUR WlTBI~ TIlE NEXT O0) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE_. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the r~rooerrv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meedug. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ~- Your mortgage is in defanlt for the reasons set forth later ha th/s Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve th/s problem with the leader, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must f~lll 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 ~ Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ha submitting a complete application to the Pennsylvania Housing F/nanen Agency. Your appl/cation MUST be fi/ed or postmarked within tlfirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TllVIE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HO/VIE IMg4EDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They w/l/be disbursed by the Agency under the eligibil/ty criteria estabhshed by the Act. The Pennsylvania Houshag 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 Houshag 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 PIYRPOSES 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.) IlOW TO CURE YOL~R MORTGAGE DEFAULT (Bring it un to date). NATLrRE OF TIlE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 47 Drexel Place, New Cumberland, Permsylvaina 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE M ONTI4'LY MORTGAGE PAYivlENTS for the following months and the following amounts are now past due: Payments for May, June and July 2004, totaling $1,258.14 as of 07/12/2004 Other char~es (exl~lain/itemize): Late Charges and NSF Fees $65.61; Atturnevs' Fees $150.00 TOTAL AMoLrlNT PAST DIZE: $1,473.75 B. YOU' HAVE FAIZ~D TO TAKE THE FOLLOWING ACTION (Do not use ffnot apvlicable): HOW TO CURE THE DEI~AULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYII~G THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,473.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUP, XNG THE THIRTY 00) DAY PERIOD. Payments must be made either by cash, c__ashier's check, certified check or money order made vavable and sent to: BavView Loan Servicina. LLC 4425 Ponce De Leon Blvd. Coral Gables, FL 33146 You can cure any other default by taking the followi~g action withi~ THIRTY (30) DAYS of thc date of this letter: (Do not use if not ar>pllcable.) IF YOU DO NOT CURE THlg DEEAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intend~ 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 instailments. If full payment of the total amount past due is not made within TH/~TY (30) DAYS, the lander also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. I~F THE MORTGAGE IS FORECLOSED Id-PON -- 'Uae mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lander refers your case to its attorneys, but yon 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/ncurred. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. OTBlgR LENDER REN[EDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGIIT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY 00) DAY per/od and foreclosure proceect/ngs have begun, you still have the ri~in to cure the default and vrevent the sale at any time uv to ~na hour before the Sher/f?s Sale. You may do so by vavin~ the total amount then vast due, vlus any late or other char~es then due, reasonable attorney's fees and costs cormected with the foreclosure sale and any other costs connected with the Sheriffs Sale as svecified in writin~ by the lender and by ~erformin~ any other requ/rements 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 SIIERIEF'S SALE DATE -- It is estimated that ~e earhest date that such a Sher/2~s Sale of the mortgaged property could be held would be approximately 4 mouths from the date of this Notice. A notice of the actual date of the Sher/~s Sale will be sent to you before the sale. Of course, the mount needed to cure the default will n/crease the longer you wait. You may fred out at any time exactly what the required payment or action w/il be by contacting the lender. IlOW TO CONTACT TIlE LENDER: Name of Lender: BavView Loan Servicing, LLC Address: 4425 Ponce De Leon Blvd., Coral Gables, FL 33146 Phone Number: 305-646-3878 Fax Number: 305-774-7131 Contact Person: M~s. Cristina Justo EFFECT OF SHERIFF'S SALE - You should realize that a Sher/iTs Sale will end your ownersh/p of the mortgaged property and your right to occupy it. If you continue to live in the property a~er the Sheriffs Sale, a lawsuit to remove you and your fumish/ngs and other belongings could be started by the lender at any time. ASSIfI~IPTION OF MORTGAGE -- You may or X may not (CI-~CK ONE) 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 pr/or to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO IIAYE TI~E RIG]IT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TI-1/S DEBT. · TO HAVE THIS DEFALrLT CLr/~D BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SA~E POSITION AS IE NO DEFAULT HAD OCCURRED, 12~ YOU CLrRE TI-~ DEFAULT. (HOWEVER, YOU DO NOT/4_AVE THIS RIGHT TO CUR~ YOUR DEFAULT MORE THAN THREE TllV[ES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFALrLT IN ANY FORECLOSURE PROCEEDING OR ANY OTHF~ LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTI-IER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TH~ LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. McGrath & Lawrence, P.C. 1500 Un/on Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 Telephone (4~2) 281-4333 Facsim//e (412) 281-2141 cc: Mr. Jonathan Sanchez CUMBERLAND COUNTY' Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 3344518 CCCS of Western PA 2000 Ling]estown Road Harrisburg, PA 17102 888~511-2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PI:IFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harr/sburg, PA 17101 (717) 234-5925 POSTAL SERVICE CERT F CATE OF MAILING ~,~.,~cGrath A La~ence, ~.~ 15~ Union Bank Bu~Efl~ 306 Fmmh Ave~ %~x. Pltt~ur~h, PA ~A~'~ :~,~ ~ .... . ~ /7070 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Amx fee here in stamps ~el~/po$[age and PS Form 3817, Janua~2001 VERIFICATION Kathleen Sovic, a duly authorized representative of BayView Loan Sen,icing, LLC, deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relatiog to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are tree and correct to her information and belief. By: Kathl~/~ VIc1NG, LLC (BAYVIEW/'rHOMAS, RICHARD) SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04557 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS THOMAS R/CHARD D ET AL R. Thomas Kline ,Sheriff duly sworn according to law, says, that inquiry for the within named DEFENDANT THOMAS TRACEY L unable to locate Her in his bailiwick. or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 47 DREXEL PLACE NEW CUMBERLAND, PA 17070 DEFENDANT'S NEW ADDRESS 145 CARBON STREET APT 3 IS WEATHERLY, PA THOMAS TP~ACEY L · NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 ~ R. Thomas Kline Sheriff of Cumberland County MCGRATH & LAWRENCE 09/15/2004 Sworn and subscribed to before me this ~ day of ~26~ A.D. SHERIFF'S RETURN CASE NO: 2004-04557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS THOMAS RICHARD D ET AL - REGULAR SHA/qNON SHERTZER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE THOMAS RICHARD D DEFENDANT , at 1632:00 HOURS, at 47 DREXEL PLACE NEW CUMBERLAND, PA 17070 RICHARD D. THOMAS a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of September, __ together with by handing to 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 Sworn and Subscribed to before me this ~2~ day of So Answers: R. Thomas Kline 0 /15/2004 MCGRATH & LAWRENCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICiNG, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, Plaintiff, VS. RICHARD D. THOMAS and TRACY L. THOMAS, Defendants. CIVIL DIVISION NO.: 2004-04557 TYPE OF PLEADING: ACCEPTANCE OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE BY TRACY L. THOMAS FILED ON BEHALF OF: BAYVIEW LOAN SERVICING, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Gary W. Darr, Esquire PA I.D. No. 90857 McGRATH & ASSOCIATES, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 Telephone (412) 281-4333 Facsimile (412) 281-2141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, sgrvicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, Plaintiff, CIVIL DIVISION No. 2004-04557 VS. RICHARD D. THOMAS and TRACY L. THOMAS, Defendants. ACCEPTANCE OF SERVICE_ I, Tracy L. Thomas, Defendant in the above-caption mortgage foreclosure action hereby accept service and acknowledge receipt of the Complaint in Mortgage Foreclosure endorsed with a Notice to Defend on this _ 9., 0 _ day of~Q_~ [ e£ _, 2004. CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the foregoing Acceptance of Service was served on the following this ~ c~ day of October, 2004, by First Class U.S. mail, postage prepaid: Ms. Tracy L. Thomas a/k/a Ms. Tracy L. Gesford 131 Carbon Street, Apartment A Weatherly, PA 18255 By: McGRATH & A SOCIATES, P.C. Gar~. , Esquire PA I.D. No. 90857 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 Attorneys for Plaintiff Telephone: 412-281-4333 Facsimile: 412-281-2141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, CIVIL DIVISION NO.: 2004-04557 Plaintiff, TYPE OF PLEADING: VS. RICHARD D. THOMAS and TRACY L. THOMAS, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE ACTION FILED ON BEHALF OF: BAYVIEW LOAN SERVICING, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Gary W. Darr, Esquire PA I.D. No. 90857 McGRATH & ASSOCIATES, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE: (412) 281-4333 FACSIMILE: (412) 281-2141 FIRM NO. 025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAYVIEW LOAN SERVICING, LLC, servicing agent for Wachovia Bank, N.A., as trustee, successor by merger with First Union National Bank, Plaintiff, VS. RICHARD D, THOMAS and TRACY L. THOMAS, TO: CIVIL DIVISION NO.: 2004-04557 Defendants. PRAECIPE TO SETTLE AND DISCONTINUE ACTION PROTHONOTARY Kindly settle and discontinue the above-captioned action and mark the docket accordingly. McGRATH & ASSOCIATES, P.C. BY: pGA i ~~~ ~.ar~})8E~q7'uir~~e Attorneys for Plaintiff 1500 Union Bank Building 306 Fourth Avenue, Pittsburgh, Pennsylvania 15222 Telephone: 412-281-4333 Facsimile: 412-281-2141 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Praecipe to Settle and Discontinue Action was served on the following this ~90g day of October, 2004, by first-class U.S. Mail, postage-prepaid: Richard D. Thomas 47 Drexel Place New Cumberland, PA 17070 Tracy L. Thomas 131 Carbon Street Apartment A Weatherly, PA 18255 By: McGRATtt & ASSOCIATES, P.C. Gary .~,~quire Pa. I.D. No. 90857 Attorneys fbr Plaintiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 Telephone: (412) 281-4333