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Home My WebLink About02-0492Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Allfirst Bank, formerly known as First National Bank of Maryland P.O. BOX 1217 Charlotte, NC 28201-1217 Plaintiff VS. Clarence Marino 405 Whiskey Run Road Newville, PA 17241 and Debbie R. Marino 405 Whiskey Run Road Newville, PA 17241 Defendants Term ?1 I ?/t? No. 6;Z -?9? l lU?l l? CIVIL ACTION: FORECLOSURE - COMPLAINT .............................................................. .............................................................. N O T I C E 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 the 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PA 17013 717-•249•-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED To THAT END A V I S 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU REGISTRE CON LA DE TED Y ESTA DEMANDA OBJECOCION CONTRA LAS QUEJAS EN P RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME (SERVICIO DE REFERENCIA DE ABOGADOS), AL "LAWYER REFERENCE SERVICE" 215-238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PA 17013 717--249-3166 2 1. Plaintiff is Allfirst Bank, with its principal offices at P.O. Box 1217, Charlotte, NC 28201-1217. 2. Defendants are Clarence Marino and Debbie R. Marino, with an address as set forth above. 3. On August 26, 1994 Clarence Marino and Debbie R. Marino executed and delivered a Mortgage upon premises hereinafter described to Dauphin Deposit Bank & Trust Company, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1231, at page 1190 on September 7, 1994. 4. The said mortgage was assigned to Allfirst Bank, said Assignment being subsequently recorded. 5. The premises subject to said Mortgage are known as 405 Whiskey Run Road, Newville, PA 17241 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on November 1, 1999, and as due on the first day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMA'T'ION OBTAINED FROM YOU OR ANYONE ELSE WILL. BE USED TO THAT END. 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was SIX HUNDRED SEVENTY EIGHT DOLLARS AND 51 CENTS ($678.51). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $33.93 per month from 11/01/99 to 12/27/2001. (c) Interest from 10/01/99 through 12/27/2001 at $16.65 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $68,491.91 $882.18 $13,634.17 $2088.33 $3,424.60 $335.00 $115.50 $839.51 $0.00 $89,811.20 In addition, interest at the rate of $16.65 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect 4 the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $89,811.20 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: December 27, 2001 Respectfully submitted, Comroe Hing LLP By. - David B. Comroe, Esquire SupremeCourtI.D. 25694 Attorneys for Plaintiff 5 VERIFICATION /V k C5-A ,Sk?60ere' ?- for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and b lief. di4jit'., xl-l I OOHS DEC 18 '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.02i06 N alifirst April 9, 2001 Allfirst Bank Mortgage Services PO Aux 1217 Charlotte, NC 28201-1217 1093006275/000473/105MIS1 Debbie R. Marino 405 Whiskey Run Road Newville PA 17241 RE: AllFirst Bank Loan Number 1083006275 Mortgagor(s): Mortgaged Premises: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 'S Clarence Marino Debbie R. Marino 405 Whiskey Run Roa Newville, PA 17241 be able to This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Caunwling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar aats elation may be able to help you find a lawyer. LA NOTIVICACION EN ADJUNTO ES DE SUMA IMPORTANCIA7 PUES AFECTA SU DERECHO A CONTINUAR VIV]ENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUNMRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA ILAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDE%= SU HIPOTECA. DEC 18 '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.03i06 HOMEOWNER'S NAME(S): Claren Ma.lno D ht+• n nr PROPERTY ADDRESS; Ne`rnlle P 1-/Z4] --- LOAN ACCT. NO.: 1083006295 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Allf?rst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH L Al linyr A 3 THE MORTGAGE ASSISTANCE AC's O 19883 ((TTTHOEN' ACT• p YOU MAY BB?'G FOR URGENCY 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 REQUIREMENT$ ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. - .. _ ?x r vase a,i,vsu -- Under the Act you are entitled to a o rec osure on your mortage r arty (30) days from the date of this Notice. you must arr$age and atten a "face-to-fice met -n with one of theconsumer_ c: agencies listed a_t_ the end of this Notice_ TRT.Q t?tw C-_ n r<.? ?. f Al T??... •- If you meet with one of the consumer credit the lender may NOT take action aenine* Meeting. Advise your len er =t_ ediately of your intee onscssary to schedule one face-to-face APPLICATION FOR M RTGAGE ASSIST CE -- Your mortgage is in default for the reasons set ort )ter m ogee see o owing pages or s ctfic info bout your default.) if you have tried and are unable to resolve this problemwitthothe lendeeyouhave f the tight to appp y for financial assistance from the Homeowners Emergency MortL?adge 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 counsliencies listed at the end of this Notice. Only consumer credit counseling agencies have a plicauons for Housing Finance Agency. y. YYass our application MUST be filed orpostmarked withinetiirty (3p )days of your face-to-face eting. TO DO SO OR IF YOU LETTER FORECLOSURE APPLICAtI'ION FOR DEC 18 '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.04/06 000473/104 AGENCY ACTION -- Available funds for emergency mortgage assistance are v li e ery mited. They will Hou isbursed by t&-e Agency under the eligibility criteria established by the Act. The Pennsylvania decision Duringgthattime no fore clohas six sure proceedings m wimll be pia ag aEmsc you if you ?ave me the time requirements set forth above. You will be notified directly by tl?e Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY TME FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES dNLY AND SHOULD NOT BE CONSIDERRD AS AN ATTEMPT (If you have filed bankruptcy COLLECT THE DEBT. y you can still apply for Emergency Mortgage Assistance.) TO T-CBriniz it - - The MORTGAGE debt held by the above lender on your property ?a the followinng amounts are Do MONTHLY MORTGAGE PAYMENTS for the following months and n...,E.._ ,non . __,.......-past due. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: ?`?• ?+? + l) Aum: - - If you do not cure e d t wi n once, a erg er to ends to exe its rl is to secs] rate the mo de tDAThYis s that the entire outstan ing once o t is e t reug2l e ate o this e chanc s not madaction to foreclose upon your mortAaa:ed nro»erty. ^" o Ur - - The mortgaged property will be sold by the Sheriff e mortgage a t. a en err ers your case to its attorneys, but you cure the delittquency :nder begins legal proceedings against ou' you will still be r uired to pay the FthatwerP reasonable actuay curred, uttornto $ o.u will have to pay all reasonable a's fees actually incurred by the lender even if 0.00. Any attorney's fees will be added OTHER LENDER T2F1blL. DiFS _ . The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, . ....? v v- rnet rli 1 U TAKE THE FOLLOWING ACTION PLO. BOX 64593, Baltimore, MD 21264-4593 DEC 18 101 16:53 FR WELLS FARGO HOME MTG 000473/106 7043293383 TO 912155685560 P.05/06 „ If you have aot cured the >.- - ort Cur'rlg your a atilt m e mariner same position as if you had never defaulted. your FART.?9 LT P SSIBLE SHERIFF'S A, E DATE -, 'n s S e o t e mortgage prope d estimated that the earliest date that such a the date of this Notice. A notice oFthe actualddatheld ohe Sh rff'spSale imat a sari io months from sale. Of course, the amount needed to cure the default will increase the lon you You m the before out at any time exactly what the required payment or action will be by contacting the lender. ntay find HOW TO CONTACT THE LENDER: Name of Lender: AllGrst Bank Address: 5024 Parkway Plaza Blvd. Phone Number, Charlotte NC 28217 704.423-4873 Fax Number: 23 Contact Person; Alex '4F ECT OF SHERIFF'S SALE _ Alex Duran n e mortgaged ro You should realize that a Sheriffs Sale will end ,your ownership of Sheriff's sale, a lawsui _ toan your y utand youpyfurnisfhY?ngs continue dr live in longings Could be starteed by the lender at any time. y ans ASSUMPTION OF MORTGAGE •- you ma a ouyer or tr ree w o wt 'me the wort y or may not sell or transfer your home to charges and attorney's fees and costs are paid prior to ort'at the sale and that the outstanding quiremmennts of the mortgage are satisfied. YOU MAY ALSO RAVE THE RIGHT; • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DWr OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF MS 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 LURE YOUR DEFAULT MORE TITAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE„ PROCEEDING OR ANY OTHER LAWSUrr 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. DEC 18 101 16:53 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.06/06 PROGRAM CCCS of Western Pennsylvania, Inc_ 2000 Lioglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FA X# (717) 234-2227 YWCA of Carlisle 3010 Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carl9ale St. Gett burg, PA 11325 F717 (717)1334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397, ** TOTAL PAGE.06 ** Allfirst a"ffist Mortga Bank Mortgage Services PO Box 1217 Charlotte, NC 28201-1217 April 9, 2001 Clarence Marino 1063006275/000472/106A.191 405 Whiskey Run Road Newville PA 17241 RE: Allfirst Bank Loan Number 1083006275 Mortgagor(s): Mortgaged Premises: This is an official noti foreclose. Specifc infi The HOMEOWNER'S sav( To see if HEMAP COUNSELING AGENT Witt Clarence Marino Debbie R. Marino 405 Whiskey Run Roa Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE t the morttsage on vnur hnme is in ripfanlf MORTGAGE ASSISTANCE PROG: your home. This Notice explains h can help, you must MEET WITH A lender be able to help to :s. *64 CREDIT LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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. 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. HOMEOWNER'S NAME(S): Clarence Marino Debbie R Marino PROPERTY ADDRESS: 405 Whitley Run Ran Newville, PA 17241 LOAN ACCT. NO.: 1083006275 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Allfirst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE 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. orroreciosure on you must arrange agencies listed at for FORECLOSURE -- Under the Act, you are entitled to a temporary stay irtgage or t arty (30) days from the date of this Notice. Dunng that time ndd a "face-to-face" meeting with one of the consumer credit counseling of this Notice. THIS MEETING MUST OCCUR WTTHTN THT NRYT >UNSELING AGENCIES -- If you meet with one of the consumer credit at a en o 127. notice, the lender may NOT take action against ou ie date of this meetine. The names- addresses anti tele.nhnne nnm4pre after your your to schedule one face-to-face APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice see following pages or specific information about the nature of your default.) If yyou have tried and are unable to resolve this problem with the lender, you have the right to appply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTTMLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICAtION FOR MORTGAGE ASSISTANCE WILL BE DENIED. DEC 18 '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.04i06 000473/100 AGENCY ACTION -- Available funds for emergency mortgage assistance are ve limited. They will e isbursed by a Agency under the eligibility criteria established by the Act. ?h Housing Finance Agency has sixty (60) days to wake a decision after t receives you= Pennsylvania etta During that time, no foreclosure proceedings will be pursued a??n st you if you have met the time requirements set forth above. You will be notified directly by to P Agency of its decision on your application. ennsylvania Housing Finance NOTE--IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY 1MX FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES bNLY AND SHOULD NOT BE CONSIDFJMD AS AN ATTEMPT O (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) TO it .?r in>; DKFA LT - - The MORTGAGE debt held by the above lender on your property at: ens wh;.t..„ u,u-a the folllowHing amounts aarre now paast due Y MORTGAGE PAYMENTS for the following months and nntI 1 non z _ _......... You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: t U 1 - you do not cure the d ault n o the ate o s once, a en er in ends to exercise Its >a hts to w i accelerate the mort de 1- '1 means that the entire outstan ing ance o t is e t 'III e consi ere ue imme to lose the chance to pay the wortgga a in monthly installments, If full payment Y an you may due is not made within THII2TY 0) DAYS, the lender also intendstoinsct its attorneys to stapttazt legal action to foreclose upon tour .-III eed property. - •.a.7.. ¦o r vausl L JCli UPON - • The mortgaged property will be sold by the Sheriff to pay o e mortgage a t. b efo a en err ers your case to its attorneys, but you cure the delinquency re the lender begins legal proceedings against your you will stillbe reqquired to pay the reasonable attorney's fees that were actually incurred, up to 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' 550.00. Any attorney's fees will be added to the amount you owe the lender. which may also include other reasonable costs. If vnu eurn ri.e A-P-76 t._ ..- I 1111 LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. .... _ "w j"-& Ya rrI TO TAKE THE FOLLOWING ACTION P.O. Box 64593, Baltimore, MD 21264-4593 ` DEC 18 '01 16:53 FR WELLS FRRGO HOME MTG 7043293383 TO 912155685560 P.05/06 0001]31109 .- If you have not. same position as ng your e a u t it iF you had never the EARLIEST POSSIBLE SHERIFF'S ALE DATE It is estimated that the earliest date that such a eriate S e s t e mortgage property could a held would be approsmatel six the date of this Notice. A 'notice o the actual date of the Sheriff's Sale will be sent to months from 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: Ahf rst Bank Address: 5024 Parkway Plaza Blvd. Phone Number; Charlotte NC 28217 92 Fax Number: 704.423-4 73 Contact Person; 704-423.98873 EFFECT Person; Alex Duran HERIEI?'S SALE - You should realize that a Sheriff's Sale will end your ownership of e mortgage property an your right to occupy it. If you continue to live in the property after the Shers 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 a uyer or tran eree w o w: assume the mortgage debt, providmay not ed that all he transfer your p yments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE ENT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY 711IRD 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 &IIRE YOUR DEFAULT MORE THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT TtiF. NONEMSTENCE 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. DEC 18 101 16:53 FR WELLS FRRGO HOME MTG 7043293383 TO 912155685560 P.06/06 PROGRAM CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 2.94-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 717) 232-9757 FAX# (717) 234-2227 YWCA of Carlisle 3010 Street Carlisle, PA 17013 (717)243-3818 F # (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gett burg, PA 17325 (717334-1518 FAX (717) 3348326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. ** TnTQ1 POnP Ma ink g 4 Cf, a. d ?T V SHERIFF'S RETURN - REGULAR CAS'8 NO: 2002-00492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS MARINO CLARENCE ET AL Sheriff or Deputy Sheriff of KENNETH GOSSERT to law, Cumberland County,Pennsylvania, who being duly sworn according MORT FORE was served upon says, the within COMPLAINT the MARINO CLARENCE January 2002 DEFENDANT at 14 HOURS, on the 30th day of at 405 WHISKEY RUN ROAD by handing to NEWVILLE, PA 17241 DEBBIE R. MARINO, WIFE together with of COMPLAINT - MORT FORE a true and attested copy and at the same time directing Her attention to the contents thereof. Sheriff's Costs: 18.00 Docketing 10.35 Service .00 Affidavit 10.00 Surcharge .00 38.35 Sworn and Subscribed to before me this day of ^{ n ,?n?yp A. pD.? Protinonotary So Answers: •_' R. Thomas Kline 01/31/2002 COMROE HING By: e ep try SHERIFF'S RETURN - REGULAR -CASL NO: 2002-00492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS MARINO CLARENCE ET AL Sheriff or Deputy Sheriff of KENNETH GOSSERT ? cording to law, Cumberland County,Pennsylvania, who being duly sworn ac the within COMPLAINT - MORT FORE was served upon says, the Lr sD DEFENDANT of ,7anuarY , 2002 at 14_30:00 HOURS, on the 30th day of 405 WHISKEY RUN ROAD by handing to NEWVILLE, PA 17241 DEBBIE R. MARINO together with a true and attested copy of COMPLAINT - MORT FORE me time directing Her attention to the contents thereof, and at the sa Sheriff's Costs: 6.00 Docketing .00 Service .00 Affidavit 10.00 Surcharge .00 16.00 Sworn and Subscribed to before me, this day of ?? Eby A.D. C?1z 2L rothonotary So Answers: R. Thomas Kline 01/31/2002 COMROE HING By: ep tY ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND, Plaintiff V. CLARENCE MARINO and DEBBIE MARINO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-492 CIVIL TERM ACTION OF MORTGAGE FORECLOSURE DEFENDANT ' AN W .R TO COMPLAINT IN FORECLOSURE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted, with the exception that the premises are not described in exhibit A. 6. Admitted. 7. Denied. It is denied that the mortgage is in default by reason that the monthly installments of principal and interest are due from November 1, 1999. Defendants filed a bankruptcy petition under chapter 13 of the Bankruptcy Code on December 8, 1999 whereby all installments would be paid through December, 1999. Debtors' received their discharge after completion of the plan on September 25, 2001, thereby bringing them current through December 1, 1999. Plaintiffs subsequently acknowledged receipt of three post-petition payments on May 31, 2000, June 23, 2000 and September 19, 2000 thereby crediting defendants through March, 2000. Defendants made further payments under the chapter 13 plan that may or may not have been credited to their account by plaintiffs. 8. Admitted. 9. After reasonable investigation, defendants are without knowledge or information sufficient to form a believe as to the truth of these averments at this time and demands strict proof at trial. 10. Admitted. WHEREFORE, Defendants request this Court to deny the relief requested by Plaintiffs. Respectfully submitted, Jam Jones, Esgke? A ey for Defendants 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 I verify that the statements made in this Defendants' Answer to Complaint in Foreclosure are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 04904, relating to unsworn falsification to authorities. /°,. ?z - dJAA:::?? Clarence Marino Debbie Marino 0 C-_ 0 N C> Cll? ? "7::".7 ip? DC w C m ?Ji t `.O 'J -G `12/04/02 WED 08:31 FAX 2406460 CUJSB/COUNTY COURTS IN01 PRAECIPE FOR-LISTING CASE FOR ARGUMENT (must be typewritten and submitted in dup:Li.cate ) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argument Court. ------------------------------------------------------------------------- -------------- CAPTION OF CASE (entire caption must be stated in full) AllFirst Bank, formerly known as First National Bank of Maryland (Plaintiff) VS. Clarence Marino and Debbie Marino (Defendant) 2002 492 Civil 1. State mattes- to be arguers (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Blair Kalish Adler, Esquire Address: 1608 Walnut Street, Suite 300, Philadelphia, PA 19103 (b) for defendant: James K. Jones, Esquire Address: 7 Irvine Row., Carlisle, PA 17103-3019 3. Z wi11 notify all parties in writing within two dabs that this case has been listed for argument. 4. Argmlant Court Date: February 12, 2003 Plaintiff's Counsel Kindly requests that this matter be decided solely on the Briefs unless Oral Argument is required by the Court. /"j Attorney for Plaintif f C? c_." :'- --? -, a ?_ ?_ _ ,. ? `` .. «` JJ • ?- J.` COMROE HING LLP Attorney for Plaintiff BY: David B. Comroe, Esquire I.D. No. 25694 BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND Plaintiff NO. 02-492 CIVIL TERM vs. Action of ]Mortgage Foreclosure CLARENCE MARINO and DEBBIE MARINO Defendants. PLAINTIFF ALLFIRST BANK'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Allfirst Bank, formerly known as First National Bank of Maryland (hereinafter "Plaintiff'), by and through its attorneys, Comroe Hing LLP, respectfully requests that Your Honorable Court enter an Order granting its Motion for Summary Judgment against Defendants Clarence Marino and Debbie Marino ("Defendants") in the above captioned matter and, in support thereof, avers the following: The instant action is an action in Mortgage Foreclosure commenced by Plaintiff against Defendants on January 28, 2002. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of Plaintiff s Complaint in Mortgage Foreclosure. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of Defendants' Answer to Plaintiff's Complaint in Mortgage Foreclosure. 2. Defendants admit that they are the real and record owners of the premises subject to Plaintiff's mortgage on the property known as 405 Whiskey Run Road, Newville, PA 17241. Attached hereto and made apart hereof as Exhibit "C" is a true and correct copy of said Mortgage. 3. Defendants further admit that this mortgage has been assigned to Plaintiff. 4. Plaintiff has averred in its Complaint that Defendants are in default of their Mortgage by reason of the fact that the monthly installments of principal and interest as due on November 1, 1999, and as due on the first day of each month thereafter, are still due and owing, however Defendants have denied this averment. 5. Defendants argue that upon the discharge of their Chapter 13 Bankruptcy on September 25, 2001, which was filed December 8, 1999, that Defendants' would be current through December 1, 1999. 6. During the Bankruptcy, Plaintiff received certain post-petition payments from Defendants and Defendants incorrectly argue that these payments bring their due date to March, 2000. 7. Defendants are plainly incorrect in their assertions and continue to be contractually due for November 1, 1999. 8. Initially, Defendants fail to mention in their Answer that Plaintiff was granted relief from the Automatic Stay on March 15, 2001. Attached hereto and made a part hereof as Exhibit "D" is a true and correct copy of the Order granting Relief. 9. Furthermore, at the time the Defendants' plan was completed and the Defendants were discharged, Defendants remained contractually due for November of 1999. 10. Plaintiff attaches hereto and makes a part hereof as Exhibit "E" the Affidavit of Scott Patterson, the Assistant Vice President of Plaintiff, which sets forth, after review of the entire payment history which is attached, the Defendants remain contractually due for the monthly mortgage payment of November 1, 1999, to date a period of almost two (2) gars. 11. After review of the attached payment history, it can be ;seen that the three (3) post-petition payments that Defendants mention in their Answer were correctly applied as follows: the May 31, 2000 payment of $681.00 brought the Defendants' due date to July of 1999; and the June 23, 2000 payment of $681.00 brought the Defendants' due date to August of 1999; and the September 19, 2000 payment of $681.00 brought the Defendants' due date to September of 1999. 12. Furthermore, Plaintiff received two (2) additional payments, one of which was received on May 10, 2001 which brought Defendants' due date to October of 1999 and a payment on July 6, 2001 which brought Defendants' due date to November of 1999. See Exhibit "E" attached hereto. 13. No other payments have been received by Plaintiff since the last payment applied to October 1, 1999. See Exhibit "B" attached hereto. 14. The attached affidavit and payment history at Exhibit "E" clearly indicates that Defendants have defaulted on their Mortgage and further indicates that Defendants are contractually due for the payment of November 1, 1999 and every payment and charge thereafter. 15. Defendants have admitted that a combined Act 6/91 Notice was sent to them via Certified Mail, Return Receipt Requested and by First Class Mail. As such, Plaintiff is in compliance with applicable state law, and is entitled to accelerate the balance of the mortgage and foreclose on the property. 16. As no material issues of disputed fact exist, therefore, summary judgment in favor of Plaintiff is proper. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court grant its Motion for Summary Judgment and allow Plaintiff to proceed to assessment of damages and Sheriff's Sale on the property. Respectfully submitted, COMROE HING LLP BY: Y,- 1?0.-C BLAIR KALISH ADLER, ESQUIRE Attorney for Plaintiff COMROE HING LLP Attorney for Plaintiff BY: David B. Comroe, Esquire I.D. No. 25694 BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff NO. 02-492 CIVIL TERM VS. Action of Mortgage Foreclosure CLARENCE MARINO and DEBBIE MARINO Defendants. PLAINTIFF ALLFIRST BANK'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 1. INTRODUCTION Plaintiff, Allfirst Bank, formerly known as First National Bank of Maryland (hereinafter "Plaintiff'), by and through its attorneys, Comroe Hing LLP, respectfully requests that Your Honorable Court enter an Order granting its Motion for Summary Judgment against Defendants Clarence Marino and Debbie Marino (hereinafter "Defendants") in the above captioned matter. The instant action is an action in Mortgage Foreclosure commenced by Plaintiff against Defendants on January 28, 2002. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of Defendants' Answer to Plaintiff s Complaint in Mortgage Foreclosure. In the attached Answer, Defendants admit executing and delivering a Mortgage and further admit that they are the real and record owners of the premises subject to Plaintiff s mortgage on the property known as 405 Whiskey Run Road, Newville, PA 17241. Defendants have also admitted the assignment of this Mortgage to Plaintiff. Defendants, in their Answer, have contested Plaintiff's averment of default and the date for which Defendants are contractually due under the subject Mortgage. Plaintiff submits that Defendants are incorrect as they have defaulted under the Mortgage and are, indeed, contractually due for the payment due and owing on November 1, 1999 and every payment and charge thereafter. II. ARGUMENT A. Defendants Have Defaulted on the Mortgage and Plaintiff is Entitled to Judgment As A Matter Of Law. Plaintiff has averred in its Complaint that Defendants are in default of their Mortgage by reason of the fact that the monthly installments of principal and interest as due on November 1, 1999, and as due on the first day of each month thereafter, are still due and owing, however Defendants have denied this averment. Defendants argue that upon the discharge of their Chapter 13 Bankruptcy on September 25, 2001, which was filed December 8, 1999, that Defendants' would be current through December 1, 1999. During the Bankruptcy, Plaintiff received certain post-petition payments from Defendants and Defendants incorrectly argue that these payments bring their due date to March, 2000. Defendants are plainly incorrect in their assertions and continue to be contractually due for November 1, 1999. Initially, Defendants fail to mention in their Answer that Plaintiff was granted relief from the Automatic Stay on March 15, 2001. Attached hereto and made a part hereof as Exhibit "D" is a -true and correct copy of the Order granting Relief. Furthermore, at the time the Defendants' plan was completed and the Defendants were discharged, Defendants remained contractually due for November of 1999. Plaintiff attaches hereto and makes a part hereof as Exhibit "E" the Affidavit of Scott Patterson, the Assistant Vice President of Plaintiff, which sets forth, after review of the entire payment history which is attached, the Defendants remain contractually due for the monthly mortgage payment of November 1, 1999, to date a period of almost two (2) years. After review of the attached payment history, it can be seen that the three (3) post-petition payments that Defendants mention in their Answer were correctly applied as follows: the May 31, 2000 payment of $681.00 brought the Defendants' due date to July of 1999; and the June 23, 2000 payment of $681.00 brought the Defendants' due date to August of 1999; and the September 19, 2000 payment of $681.00 brought the Defendants' due date to September of 1999. Furthermore, Plaintiff received two (2) additional payments, one of which was received on May 10, 2001 which brought Defendants' due date to October of 19919 and a payment on July 6, 2001 which brought Defendants' due date to November of 1999. See Exhibit "E" attached hereto. Most importantly, Plaintiff has not received any payment from Defendants since the last payment applied to October 1, 1999. See Exhibit "E". The attached affidavit and payment history at Exhibit "E" clearly indicates that Defendants have defaulted on their Mortgage and further indicates that Defendants are contractually due for the payment of November 1, 1999 and every payment and charge thereafter. B. Procedural Standard For Granting Motion For Summary Judgment A Motion for Summary Judgment may properly be granted "If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the Affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Pa.R.C.P. 1035(b); Fleet Real Estate Funding Corp. v. Smith, 366 Pa. Super. 116, 530 A.2d 9l9 (1987). See also Washington Federal Savings & Loan Association v Stein, 357 Pa. Super 286, , 515 A.2d 980, 981 (1986); Rybas v. PVanner, 311 Pa. Super. 50, 54, 457 A.2d 108, 109 (1983). Plaintiff has demonstrated, by relying on the Affidavit and payment history attached hereto as Exhibit "E" that Defendants have defaulted on the Mortgage and they are contractually due for the payment of November 1, 1999. Defendants have not provided any evidence to the contrary and therefore, Plaintiff is entitled to judgment as a matter of law. III. CONCLUSION For the above reasons, Plaintiff respectfully requests that Your Honorable Court grant its Motion for Summary Judgment against Defendants allowing Plaintiff to foreclose on the Mortgage covering 405 Whiskey Run Road, Newville, PA 17241, and allow Plaintiff to proceed to assessment of damages and to Sheriffs Sale on said premises. Respectfully submitted, COMROE HING I:LP BY: A L ja/ BLAIR KALISH ADLER, ESQUIRE Attorney for Plaintiff e EXHIBIT 1 Comroe'Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Allfirst Bank, formerly known as First National Bank of Maryland P.O. Box 1217 Charlotte, NC 28201-1217 Plaintiff Identification No.: 25694 C- 73 o Jz- IN THE COURT OF COMMrcpLp,S c1? ? C: > T, OF CUMBERLAND COUN tv -c CIVIL ACTION - LAW vs. Clarence Marino 405 Whiskey Run Road Newville, PA 17241 and Debbie R. Marino 405 Whiskey Run Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Term No. CUo) - ?Qa ?iUC1 Defendants CIVIL ACTION: FORECLOSURE - C'OMPLAINT' N O T I E You have been sued in court. If you wish to defend against tYle claims set forth in the following pages, you must take actin .. within twenty (20) days after the 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PA 17013 717-•249--3166 THIS IS A ERGS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED T'O THAT END A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED`Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EtEQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONE'sS DE ESTA DEMANDA. POR .RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA,A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PA 17013 717-249--3166 2 1. Plaintiff is Allfirst Bank, with its principal offices at P.O. Box 1217, Charlotte, NC 28201-1217. 2. Defendants are Clarence Marino and Debbie R. Marino, with an address as set forth above. 3. On August 26, 1994 Clarence Marino and Debbie R. Marino executed and delivered a Mortgage upon premises hereinafter described to Dauphin Deposit Bank & Trust Company, which mortgage was recorded in-,the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1231, at page 1190 on September 7, 1994. 4. The said mortgage was assigned to Allfirst Bank, said Assignment being subsequently recorded. 5. The premises subject to said Mortgage are known as 405 Whiskey Run Road, Newville, PA 17241 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. %11, 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on November 1, 1999, and as due on the first day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 TMS IS A PRODS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INT1701 MATION OBTAINED FROM YOU OR NNYONE ELSE W11 BE USED TO THAT END. 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was SIX HUNDRED SEVENTY EIGHT DOLLARS AND 51 CENTS ($678.51). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt $68,491.91 (b) Late Charges at $33.93 per month from $882.18 11/01/99 to 12/27/2001. (c) Interest from 10/01/99 through 12/27/2001 at $13,634.17 $16.65 per diem. (d) Total Escrow Deficit to date. $2088.33 (e) Reasonable Attorney's fees as in the above $3,424.60 stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report $335.00 (g) Court Filing Charges $115.50 (h) Uncollected Late Charge(s) $839.51 (i) Escrow Credit $0.00 TOTAL AMOUNT DUE $89,811.2N In addition, interest at the rate of $16.6:1 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect 4 the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act: 91 of the Pennsylvania General Assembly the Combined Act 6/91 :Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated-by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $89,811.20 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: December 27, 2001 Respectfully submitted, Comroe Hing LLP By( David B. Comroe, Esquire SupremeCourt2.D. 25694 Attorneys for Plaintiff 5 VERIFICATION ?1 C for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. n L4:01"k-.4 6 DEC 18 101 16:52 FR WELLS FARGO HOME MTG anfirst Allfirst Bank Mortgage Services PO Bux 1217 Charlotte, NC 38201-1217 April 9, 2001 Debbie R. Marino 405 Whiskey Run Road Newville PA 17241 1auooensioaa4rihosA.1s f RE: Allfiirst Bank Loan Number 1083006275 Mortgagor(s): Mortgaged Premises: Clarence Marino Debbie R. Marino 405 Whiskey Run Roa Newvllle, PA 17241 7043293383 TO 912155685560 P.02/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM able to This Notice contains important legal information. If you have any, questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney In your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENDO DE ES77A NOTIFICACION OBTENGA UNA TRADUCCION WMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGEN(. MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PORN ELIPROGRANIA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDE81IR SU HIPOTECA. DEC 18 '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.03i06 HOMEOWNER'S NAME(S): Clarence Marino Dehh• u ter PROPERTY ADDRESS: LOAN ACCT. NO ORIGINAL LENDER: CURRENT LENDERISERVICER: Nevrville P 17241 1083006275 Allfirst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FrNANr,reT ?eeTOti A?.r...- IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 (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. ary stay that time u 13 r in en ons necessary to schedule one face-to-face meeting. Advise your lenderimniediatell of you APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set uort lt star in u Duce see o owing pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, oyou have the right to appp y for financial assistance from the Homeowner's Ernergency Mort age Assistance Program. To do so, yyou must fill out, sign and file a completed Homeowner's mergency Assistance Program ,appplication with one of the designated consumer credit counseLng agencies listed at the end of this Notice. Only consumer credit copuaselirtg agencies haven plications for will assist com Hthe o sing Fiinance Agen y. Your applcation submittinT be fi ledtor postmarked wi ethin thirty (30)adays of your face-to-face ASSISTANCE WILL BE DENIED. -------------- YOU MUST FILE YOUR APPLICATION-PROMPTLY- IF YOU FAIL TO DO SO OR IF YOU DO NOTTOIL-OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE. ,MAY MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit course g a envies iste at the en o t nonce the lender nnay NOT take action against ou for thirty 31 days after the date of this meeting. =The namna v,A. row e ------ _ Y t J DEC le '01 16:52 FR WELLS FRRGO HOME MTG 7043293383 TO 912155685560 P.04i06 0004721100 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will e sbursed 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 TIIE FILING OF A PETITION IN BANKRUPTCY IMX FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES 6NLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT O COLLECT THE DEBT. you have filed bankrupis y you can still apply for EuiErgency Mortgage Assistance.) TO ULT Wing it up to The MORTGAGE debt held by the above lender on your property A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: r)ntm,.- 1 nnn w __e.......- You can cure any other default by taking the following action within THIRTY (30) of this letter; DAYS of the date 1F Y U D t URE THE L'1 - - f you do not cure the defau t within iiLRTY 30 D o t e ate o s once, a en er in ends to exercise Its rl hta it. AYS accelerate the -means that the entire Outstanding balance o this e t c coast ere ue imme tat -WM du lase the chance to pay the wortgaga in monthly illments. If full payment of the total amou you past within legal action to forrececlos u may upon THIRTY your 30) Mortgaged property lender also intends to instruct its attorneys to start . IF THE MORTGAGE IS FORECL SED UPON; - The mortgaged property will be sold by the Sheriff t gay o t e mortgage a t. t e en err ers 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 $i 0.d0. However„ if legal proceedings are started against you yyou will have to pay all reasonable attorney's fees actually incurred by the lender even if also in?x c( clude other 0reason blercosts. fIf v ut cure thdneri vh,il: amount you owe the lender, which may OTHER LFNDFR REMFMIFS - - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ?• A WU rinvr. rA41.,kD TO TAKE THE FOLLOWING ACTION P.O. Box 64593, Baltimore, MD 21264-4593 DEC 18 '01 16:53 FR WELLS FRRGO HOME MTG 7043297_383 TO 912155685560 P.05i06 000473/706 If you have not cured the d m p e. Curing your a ault in We manner same position as if you had never defaulted. EARLIEST POSSIBLE SIlER1FF'Sope A.LE DATE - It is esCimated that the earliest date that such a eriff's e o t e mortgege prrty could a held would be ap roaimately sia (t7 months from date S of this Notice. A notice of the actual date of the SherifF's Sate 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 the aut at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER; Name of Lender: Allfmsst Bank Address: 5024 Parkway Plaza Blvd. Phone Number. Charlotte NC 28217 704.423-4873 Fax Number: 3'4 Contact Person; Alex EFFECT OF SHERIFF ' Alex Duran n ale e iT rt age property as Ayour r ght to occupy it. If you ohntinue to li a in thend e property after?thef Sheriff's ale, 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 may not sell or transfer your home to a uyer or trans ree w o wt assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees aad costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO RAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO :PAY OFF THE MORTGAGE DI QT 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 dURE YOUR DEFAULT MORE TITAN THREE 111?S IN ANY CALENDAR YEAR.) • PROCEEDING OR 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. DEC 18 '01 16:53 FR WELLS FARGO HOME MTG 7043293383 TO 912155665560 P.06/06 PROGRAM MLAND C ax CCCS of Western Pennsylvania,. Inc. Financial COUnsoling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 FAX # (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 2.94-5925 FAX# (717) 234-9459 •• YWCA of Carlisle 3010 Street Carlisle, PA 17013 (717)243-3818 A.X# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 AX# (717) 234-2227 Adams County Housine Authority 139-143 Carlisle St. Gett aburg, PA 17325 334- FAX?(71) 1334-8326 The Pennsylvania Housing Finance Agency can be reached T01-L. FREE at 1 (800) 342-2397. ** TOTAL PAGE-06 ** Allfirst Bank allfirst Mortgage Services PO Box 1217 Charlotte, NC 28201-1217 April 9, 2001 Clarence Marino 10670082751000472/106wa161 405 Whiskey Run Road Newville PA 17241 RE: Allfirst Bank Loan Number 1083006275 Mortgagor(s): Clarence Marino Debbie R. Marino Mortgaged Premises: 405 Whiskey Run Roa Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME. FROM FORECLOSURE is an official notice that the mortgage on your home is in default, and the The HOMEOWNER'S MORTGAGE ASSISTANCE save Your home. This Notice exr if HE' MAP can The and phone number of be able to 'H A CONSUMER CREDIT DATE OF THIS NOTICE. Take this ounseling Agency. Credit Counseling Agencies serving yot any questions, you may call the Penn! Persons with impaired hearine can call to to This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLANIANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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): _Clarence Marino Debbie R Morin PROPERTY ADDRESS: Newyille, PA 17241 LOAN ACCT. NO.: 1083006275 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Allfirst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ANCIAL ASSIST 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. IL+NIPURARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay 0 orec osure on your mortgage or thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer cream ncies iste at the en o t s notice, the lender ma NOT take action against you days after the date of this meeting. The names. addresses and teleohone numbers ..a«u a.? r n a m na or nic iNon it is only necessary to schedule one meeting. Advise your lender immediately of your intentions. APMC ATION FOR MORTGAGE ASSISTANCE -- Your mort,Yage is in default for the reasons set ater in this otice see following pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to appply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTTMLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICAiION FOR MORTGAGE ASSISTANCE WILL BE DENIED. DEC le '01 16:52 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.04i06 000473/100 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will e isbursed 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 TII E FILING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES 6NLY 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.) TO CURE YOUR MORTGAGE DEFAULT ] it r. ur E DEFAUL,? - - The MORTGAGE debt held by the above lender on your property at: d05 Whickr?/ Rnn Rna A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: OrrnhNr. 1000 - A.,.it -7nm . 1.L'1`gLjJ A - - sou may cure the defaul gYI1WTFIE TOTAL AMOUNT PAST ANY MORTGAGE PAYMENTS AND THIRTY (30) DAY PERIOD. Pavmo-nt Allfirst Bank P.O. Box 645937 Baltimore, MD 21264-4593 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF Y U D 1 LURE THE L'1' - - If ou do not cure tlae default within HIRTY 30 DAYS o the ate o s otice a lender in his , ends to- exercise rights to accelerate the mort a e de t. T means that the entire outstan. ing baTknce o t FS %t t its e const ere ue imme lat y an you may lose the chance to pay the wort?gga a in monthlyy installments. If full payment of the total amount past due is not made within THII2TY ($30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FOR] CL SED UPON - - The mortgaged property will be sold by the Sheriff to gay o [ e mortgage a t. the en err ers your case to its attorneys, but you cure the delinquency before the lenderbegns legal proceedings against. you q attorney's fees that were actually incurred, p to 50.00 oHo everr, if legal pro eedings are started blc against you you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees will be added to the amount you owe the lender which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAk period, You will not be required to nav attnrnov3c oe- - OTIILR LFNDFp n.EME13iFS The lender may also sue you personally for the unpaid principal balance and all other sums due tinder the mortgage. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION DEC 18 '01 1G:53 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.05i06 000473/100 -• If you have not cured the wort e. Curingg n err em and e Llk sam- a`i ton as if your a cult in a manner get For n this not ce wr restore your mortgage tot e l you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a eriffs S e o t e mort gage. propperty could a held would be approximately six (6) months from he of this Notice. A notce oEthe actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Allfirat Bank Address: 5024 Parkway Plaza Blvd. Phone Number. Charlotte NC 28217 -92 3 Fax Number: 704-423-437 Contact Person-, Alex Duran an EFFECT OF$HERIFF'' Alex D S SALE - You should realize that a Sheriffs Sale will end,your ownership of e mort§age proper an your right to occupy it. If you continue to live in the property after the Sheriff's a1le, a lawsui to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a uyer or trans eree w o will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DST 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 AN THREE TEVIES IN ANY CALENDAR YEAR.) • TO ASSERT PROCEEDING OR ANY OZ LAWSUIT INSTITUTED UNDER THEE 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. DEC 18 101 16:53 FR WELLS FARGO HOME MTG 7043293383 TO 912155685560 P.06i06 PROGRAM OULY13.RTAND O11V? CCCS of Western pcnnsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 FAX# (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street YWCA of Carlisle Harrisburg, PA 17101 (717) 2 94-5925 301 Ci Street Carlisle, FA 17013 , FAX# (717) 234-9459 (717)243-3818 FAX# (717) 731-9589 ' Community Action Commission of the Capital Region 1.514 Derry Street Adams County Housing Authority Harrisburg, PA 17104 717) 232-9757 139-143 Carlisle St. Gett .sburg, PA 17325 (717334-1518 PAX# (717) 234-2227 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL. FREE at 1 (800) 342-2397. EXHIBIT ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND, Plaintiff v. CLARENCE MARINO and DEBBIE MARINO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-492 CIVIL TERM ACTION OF MORTGAGE FORECLOSURE DEFENDANTS' ANSWER TO COMPLAIN 'IN FORECLOSURE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted, with the exception that the premises are not described in exhibit A. 6. Admitted. 7. Denied. It is denied that the mortgage is in default by reason that the monthly installments of principal and interest are due from November 1, 1999. Defendants filed a bankruptcy petition under chapter 13 of the Bankruptcy Code on December 8, 1999 whereby all installments would be paid through December, 1999. Debtors' received their discharge after completion of the plan on September 25, 2001, thereby bringing them current through December 1, 1999. Plaintiffs subsequently acknowledged receipt of three post-petition payments on May 31, 2000, June 23, 2000 and September 19, 2000 thereby crediting defendants through March, 2000. Defendants made further payments under the chapter 13 plan that may or may not have been credited to their account by plaintiffs. 8. Admitted. 9. After reasonable investigation, defendants are without knowledge or information sufficient to form a believe as to the truth of these averments at this time and demands strict proof at trial. 10. Admitted. WHEREFORE, Defendants request this Court to deny the relief requested by Plaintiffs. Respectfully submitted, Jam . Jones, Es At ey for Defendants 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 I verify that the statements made in this Defendants' Answer to Complaint in Foreclosure are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 04904, relating to unsworn falsification to authorities. Clarence Marino r RUE COPY FROM RECORD in Testimony whereof, I here unto set my hand :nd the I of said Cou at?carllsle Pa. °Z hls?i8y( 65 _Vx- It 1 .1 It Debbie Marino AFTER RECORDING MAIL TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. Box 4644 HARRISBURG. PA 17111 LOAN NO. 90-4185-6 C(1?`vuRO DEEDS MSERLA,jn COUNTY-pA 'g`f SEA L..7 P!q 2 3g [Space Above This Une For Recording Data] MORTGAGE EXHIBIT c THIS MORTGAGE ("Security Instrument") is given on August 2 5 . 1994 The mortgagor is CLARENCE MARINO and DEBBIE R MARINO ("Borrower"). This Security Instrument is given to DAUPHIN DEPOSIT BANK AND TRUST COMPANY. which is organized and existing under the laws of P E N N S Y L V A N I A. and whose address is P. 0. Box 4 6 4 4; HARRISBURG. PA 17111 ("Lender"). Borrower owes Lender the principal sum of Seventy Two Thousand Two Hundred Dollars and no/100 Dollars (U.S. $ 7 2 . 2 0 0 . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the Full debt, if not paid earlier, due and payable on S e p t e m b e r 1 . 2 0 2 4 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in C u m b e r l a n d County, Pennsylvania: BEING MORE FULLY DESCRIBED ACCORDING TO LEGAL DE ATTACHED HERETO AND MADE A PART HEREOF. which has the address of RR 2 BOX 151 WHISKEY RUN ROAD NEWVILLE [Street] [City] Pennsylvania 17 2 4 1 ("Property Address'); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA-MGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9190 ISC/CM0TPA//0391/3039(9-90)-L PAGE 1 OF 6 B?(??(1 ?33 Fi ?` f]rl LOAN NO.90-4185-6 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any 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 to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance 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 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits 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 connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, Mines and impositions attributable to the Property which may attain priority over this Security Instrument, and ieaseh6d payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shal I keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subjec' to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. PF-NNSYLVANIA-SINGLE FAMILY-FNMA/FFII.MC UNIFORM INSTRUMENT BOOK PAGE 110IFORM 3039 9190 I5G'CMDTPA//0391/3039(9-90)•L PAGE 2 OF 6 LOANNO:90-4185-6 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender sball have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender ,all 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 feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, 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 collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 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 the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation,'Maintenance and Protection of the Property; Borrower's 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 withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy; damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding„ whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application 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 the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. 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 may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property 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 court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by 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 Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security 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 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or ;applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-MLLE FAMMY-FNMAIFHI.MC UNIFORM INEMW",V T Door j ? p ?t FORM 3039 9190 ISC/CMOTPA//0391/3039(9-90)-L PAGE 3 OF 6 -11 qnt% 16M KO.'3'4 - 4 18 5 - 6 In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument; whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the `air market value of the Property immediately before the taking is equal to or greater than the amount of the sums 51cured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amountof the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to tolled and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the! terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exerclised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT PACE 1193 FORM 3039 9190 ISUCMDTPA//0391/3039(9-90)-L PAGE 4 OF 6 BOOK IL..31 • C LOAN. N6, 9 0-- 4 18 5- 6 18.. Borrower°s Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the-right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sate contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those condition`s"are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as'if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) take§"such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) maybe sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that-collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous; Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non.-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not Bmited to, attorneys' fees and costs of title evidence to the extent permitted by applicable: law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers, Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. E 'OK 19-31 PacE i191 PENNSYLVANU-SINGLE FAMILY-FNMA/FHLMC UMFORM INSMUMENT FORM 3039 9190 15C(CMDTPA//0391/3039(9-90)-L PAGE 5 Of 6 LOAN NO.90-4185-6 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph l8 shall extend-ta onq hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. - 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security. Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ?Adjustable Rate Rider ?Condominium Rider ?1-4 Family Rider ?Graduated Payment Rider ?Planned Unit Development Rider ?Biweekly Payment Rider ?Balloon Rider ?Rate Improvement Rider ?Second Home Rider ?Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnessed as to all: Social Security Number N / A -(Seal) sw ?:?.dE?S?C?- ?CVt:•?.?Z) CLARENCE MARINO (Seal) -8o Social Security Number N / A DEBBIE R MARINO -0(Seal) Social Security Number N / A (Seal) -80m, Social Security Number N / A Certifica a of Residence I, ICnd o, we F-k I tng Mortgagee is P. 0. Box 4644 Witness my hand this [Space Below This Line For Aclmowledgmewl 6 03 , do hereby certify that the correct address of the within-named HARRISBURG. PA 17111 day of 13";? ``,` F-, 14 4 a?reA COMMONWEALTH OF PENNSYLVANIA, On this, the day of CLARENCE MARINO and DEBBIE R MAR gent of Mortgagee L County ss: N 0, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person s whose name s subscribed to the within instrument and acknowledged that t h e y executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission ex it s; Noiatial Seal ^ ??. "'` W cler,da M. wcih r tom, Notary Pudic" c s 7 3 Camp Hil Scro, CL nbertand County My Commiw" E.Oes Dec. 27, 1094 Title of Officer ' ;/ ? ?"• Fkkerneyiv-yia 71Z_? of WPM ;mv = KNNSYLVANIA-SINGLE FAMMY-FNMA/FHLMC UNIFORM INSTRUMIENT ;1 ISCAfMDTPA//0391/3039(9-90)-L PAGE 6 OF 6 b 31 PACE 1135FORM 3039 9190 Penn Title Insurance Company-- DESCRIPTION OF PREMISES Tide 169-94 -- No . ............................................................ ALL those two certain tract of land situate in the Township of Upper Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Road near the old Mennonite Church; thence by lands now or late of Addison Barrick North 38 degrees 30 minutes East a distance of 180 feet to a stone; thence still by said land now or formerly of Addison Barrick North 57 degrees West a distance of 99 feet to a stone at corner of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whiskey Run Road; thence by said Whiskey Run Road South 57 degrees East a distance of 99 feet to a limestone at the Place of BEGINNING. The above described Tract No. 1 contains 17,820 square feet. TRACT NO. 2: BEGINNING at a stone in Whiskey Run Road at corner of Tract No. 1 above described; thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance of 42.3 perches to a stone; thence by lands now or late of Israel Sollenberger, North 43 degrees 15 minutes East a distance of 180.6 feet to a stone at corner of lands now or late of Addison Barrick; thence by said lands now or late of Addison Barrick South 59 degrees 15 minutes East a distance of 41.8 perches to a stone at corner of Tract No. 1 hereinabove described; thence by said Tract No. 1 hereinabove described, South 38 degrees 30 minutes West a distance of 10.9 perches or 179.85 feet, more or less, to a stone at the Place of BEGINNING. The above described Tract No. 2 contains 2 acres and 136 perches, more or Less. The above described Tracts Nos. 1 and 2 collectively contain a total of 3.259 acres, more or less, and have thereon erected a frame dolling house and frame barn. It being the same land which Robert O. Bouder and Ruby J. Bouder, by deed of even date and about to be recorded herewith, granted and conveyed unto Clarence Marino and Debbie Marino, the mortgagors herein. E611.31 PAcE1195 iz Vh. '1n7? ? jS .. 'riY iBT:d :Sit ^r 11CP. fGf the i@cordirig 04 c.. J ',78C13+,h county, ,; .t of Tny hand and -al of oYrice s '-f of co or . r• .z n a 5. yn; . EMC LOAN #: 1601913 BORROWER: MARINO PROPERTY ADDRESS: RR 2, BOX 151 WHISKEY RUN ROAD NEWVILLE, PENNSYLVANIA 17241 ALLONGE This Allonge is attached to and made part of the certain Mortgage :Bond: Dated: AUGUST 26m, 1994 To: DAUPHIN DEPOSIT BANK AND TRUST COMPANY Original Amount: $727200.00 It is to be read together with, and is hereby incorporated by reference in, the attached instrument, and constitutes an integral part thereof. PAY TO THE ORDER OF IMC MORTGAGE COMPANY WITHOUT RECOURSE, EMC MORTGAGE CORPORATION By Name: anan Weeks Title: Vice President S.?'rirr?(1 b 4.. Penn Title Insurance Company DESCRIPTION OF PREMISES Tide 169-94 " No. ............................................................ ALL those two certain tract of land situate in the Township of Upper Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Road near the old Mennonite Church; thence by lands now or late of Addison Barrick North 38 degrees 30 minutes East a distance of 180 feet to a stone; thence still by said land now or formerly of Addison Barrick North 57 degrees West a distance of 99 feet to a stone at corner of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whiskey Run Road; thence by said Whiskey Run Road South 57 degrees East a distance of 99 feet to a limestone at the Place of BEGINNING. The above described Tract No. 1 contains 17,820 square feet. TRACT NO. 2: BEGINNING at a stone in Whiskey Run Road at corner of Tract No. 1 above described; thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance of 42.3 perches to a stone; thence by lands now or late of Israel Sollenberger North 43 degrees 15 minutes East a distance of 180.6 feet to a stone at corner of lands now or late of Addison Barrick; thence by said lands now or late of Addison Barrick: South 59 degrees 15 minutes East a distance of 41.8 perches to a stone at corner of Tract No. 1 hereinabove described; thence by said Tract No. 1 hereinabove described, South 38 degrees 30 minutes West a distance of 10.9 perches or 179.85 feet, more or less, to a stone at the Place of BEGINNING. The above described Tract No. 2 contains 2 acres and 136 perches, more or Less. The above described Tracts Nos. 1 and 2 collectively contain a total of 3.259 acres, more or less, and have thereon erected a frame dwelling house and frame barn. It being the same land which Robert O. Bouder and Ruby J. Bouder, by deed of even date and about to be recorded herewith, granted and conveyed unto Clarence Marino and Debbie Marino, the mortgagors herein. IN -"E UNITED STATES BANKRUPTCY r'^ T FOR %atEE MIDDLE DISTRICT OF PENNSI?,?rAr IA IN RE: I Clarence Marino Bk. No. 9-05167 RJW Debbie R. Marino Debtor(s) Chapter 2 Allfirst Bank Residential Division as Servicer for the Mortgagee of Record Movant v. 11 U.S.C. Clarence Marino Debbie R. Marino Respondent(s) ORDER MODIFYING §362 AUTOMATIC STAY AND NOW, this f S day of pon Motion of Allfirst Bank Residential Division as Mortgagee of Record, (Movant), it is: 13 EXHIBIT §362 1 J ;,LlD1 Service= for the ORDERED that the Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Code 11 U.S.C. 362 is modified with respect to premises 405 Whiskey Run Road, Neevvi'le, PA 17241 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale or purchaser's assignee) to take any lege.l ac*_icn for enforcement pf its right to possession of said premises. ORDERED that Rule 4001(a)(3) is not applicable and Allfirst Bank as Servicer for the Mortgagee of Record may immediately enforce and implement this Order granting Relief fro the Automatic Stay. Robert J-'Woodside- Chief Bankruptcy Judge cc: Juuiti, T. i2c;nanu, c;syuire Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 Charles J. Dehart, III, Esquire (Trustee) --? P.O. Box 410 r-ILE Hummelstown, PA 17036 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-301`a Clarence Marino Debbie R. Marino 405 Whiskey Run Road Newville, PA 17241 . 15 2001 CIE?r Bankrupt cY Court EXHIBIT COMROE HING LLP By: Blair Kalish Adler, Esquire I.D. No. 85667 Suite 300 1608 Walnut Street Philadelphia, PA 19103 (215) 568-0400 ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND Plaintiff vs. CLARENCE MARINO and DEBBIE MARINO Defendants. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02-492 CIVIL TERM Action of Mortgage Foreclosure AFFIDAVIT STATE OF NORTH CAROLINA COUNTY OF MECKINBURG SS Scary PATTERSON , being duly sworn according to law, deposes and says that he/she is the ASST. VICE PRESIDENT for Plaintiff, that he/she has reviewed the Defendants' Answer and, having fully investigated same, the following sets forth application of funds received from Defendants leading up to the said default; Date Amount Applied to See Attached. The subject mortgage on 405 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241 was a Conventional loan in the original amount of $ 72, 200 • Qp No further payments have been received since the payment applied to ocfo b e411- I) W. As a result of the default by Defendants, and after review of the payment history attached hereto and made a part hereof, the amounts set forth in Paragraph 9 of Plaintiff's Complaint in Mortgage Foreclosure have been confirmed as due and owing as of the filing date of the Complaint. Notices pursuant to Act 6 and Act 91 were forwarded to Defendants at the mortgaged premises on Q PAT N ASST. wim PRESIDENT Sworn to and subscribed before me this 5th day of November 2002. NOTARY PUBLIC OFFICIAL SEAL BRENDA SLEDGE iE UNION COUNTY, N.C. NOTARY PUBLIC My Commission Expires 5-6-2006 OCT 21 '02 14:55 FR WELLS FARGO HM MTG TO 912155685560 P.02/11 Page: 1 Document Name: untitled P309 IN 1083006275 MORTGAGE LOAN HISTORY 10-18-02 NAME C MARINO INV-LN G90-009-1083006275 DUE 11-01-99 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PB 68,491. 91 2ND PB .00 HUD .00 NET 678.51 SF .00000000 SUSP 1451.84 STOP D B P F N A D L REP .00 RES .00 4 0 0 2 D 3 0 1 APP 10-01 09-25 09-24 08-29 08-27 DUE TYPE/ 00-00 11-99 , 09-02 00-00 11-99 TRAN 6 31 61 3 10 6 31 1 61 AMOUNT 00 40.31 nS 40.31- .00 379 31 PRIM-PD .00 .00 99, .00 .00 . .00 PRIN-BAL 68,491.91 68,491.91 68,491.91 68,491.91 68,491.91' INT-PD .00 .00 .00 .00 .00 ESC-PD .00 40.31 40.31- .00 379.31 ESC-BAL- .00 .00 40.31- .00 .00 A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 100 .00 .00 LC/FEES .00 .00 .00 .00 .00 MISC-PD .00 .00 .00 .00 .00 ADV-BAL 5,420.49 5,420.49 5,380.18 5,380.18 5,380.18 SUSP .00 .00 .'00 .00 .00 SC/PAYEE SE-MCS 801 SE-MCS PAGE 001 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TRAM 10-02-01 /P Date: 10/21/ 2 Time, 02:39:46 PM OCT 21 102 14:55 FR WELLS FARGO HM MTG TO 912155685560 P.03/11 Page: 1 Document Name: untitled P309 LN 10830,06275 MORTGAGE LOAN HISTORY 10-18-02 NAME C MARINO INV-LN G90-009-1083006 275 DUE 11-01-99 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PS 68,4 91.93. 2ND PB .00 HUD .00 NET 678.51 SF .00000000 SUSP 1451.84 STOP D B P F N A D L REP .00 RES .00 4 0 0 2 D 3 0 1 APP 08-26 08-26 08-02 08-01 C 07-30 DUE jj 08-02 08-02 o 11-99 i $"' 08-02 00-00 TYPE/TRAN3 51 vu, t 3 10 1 61 S J1A 3 14 6 31 AMOUNT PRIN-PD ,y1S 339.00- ?A ,p p 40.31- f 879.75 879.75- ? ? . .00 .00 .00 .00 ? ( .00 .00 PRIN-BAL 68,491.91 68,491.91 68,491.91 68,491.91 68,491.91 INT-PD .00 .00 .00 .00 .00 ESC-PD 339.00- 40.31- 879.75 879.75- .00 ESC-BAL 379.31- 40.31- .00 879.75- .00 A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEZS .00 .00 .00 .00 .00 MISC-PD .00 .00 .00 .00 .00 ADV-BAL 5,000.87 5,000.87 5,000,87 4,121.12 4,121.12 SUSP .00 .00 ..00 .00 .00 SC/PAYEE 70090 601 370416032 SE-MCS PAGE 002 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST T.RAN 10-02-01 /P Date: 10/21/ 2 Time: 02:39:48 PM OCT 21 '02 14:55 FR WELLS FARGO HM MTG TO 912155685560 P.04i11 .Page: 1 Document Name: untitled P309 LN 1083006275 MORTGAGE LOAN HISTORY NAME C MARINO INV-LN G90-009-1083006275 DUE 11-01-99 10-18-02 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PB 68 491 91 2ND PE HUD .00 , . NET 678.51 SF .00000000 SUSP 1451.84 STOP D B .00 P F N A D REP .00 RES .00 L APP 07-23 07-22 06-28 4 0 06-25 0 2 D 3 0 1 DUE TYPE/TRAM i1-6? 37-00 1 00-00 11-99 06-24 119 06-02 AMOUNT 40.31 40.31- 6 31 .00 1 61 40 31 3 10 n pp 40 PRIX-PD .00 1 00 . .31- PRIN-BAL 68,491.91 . 68,491.91 .00 68,491.91 .00 68,491.91 .00 68 491 91 INT-PD .00 .00 .00 .00 , . 00 ESC-PD 40.31 40.31- .00 40.31 . 40 31- ESC-BAL .00 40.31- .00 00 . A&H-INS .00 .00 00 . 40.31- LIFE-INS .00 00 . .00 .00 LC/FEES .00 . 00 .00 .00 .00 MISC-PD .00 . .00 .00 00 .00 _00 ADV-SAL 4,121.12 4,080.81 . 4,080.81 .00 4,080.81 .00 4 040 50 SUSP .00 .00 .00 .00 , . 00 SC/PAYEE 801 SE-MCS _ 801 PAGE 003 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TRAN 10-02-01 /P 10/21/ 2 Time; 02:39:52 PM OCT 21 '02 14:56 FR WELLS FARGO HM MTG TO 912155685560 P.05/11 page: 1 Document Name: untitled 'P309 IN 1083006275 MORTGAGE LOAN HISTORY NAME C MARINO TNV-LN G90-009-1083006275 DUE 10-18-02 BR FR MAN F P-TYPE 1 INT 11-01-99 .0875000 FIRST PE 68 491 91 2ND P TYPE 16 HUD .00 NET 678.51 SF .000 , . $ 00000 SUSP 1451.84 STOP D B .00 P F REP .00 RES .00 N A D L APP 05-31 05-24 OS-23 4 0 05-16 0 2 D 3 0 1 DUE 00-00 11-99 05-02 11-99 05-01 TYPE/TRAM 6 31 1 61 M? DO-00 AMOUNT .00 40.31 3 l0 n 40 31- 1 52 6 31 PRIX-PD .00 00 . r .00 -00 PRTN-SAL 68,491,91 . 68,491.91 .00 68,491.91 .00 68 491 91 INT-PD ,00 00 , . 68,491.91 ESC-PD 00 . 40.31 .00 40 31- •00 .00 ESC - S .00 .00 . 40 31- •00 .00 N -INS A&H .00 0 00 . .00 .00 LIFE-INS .00 . 00 00 .00 .00 .00 LC/FEES .00 . 00 .00 .00 .00 MISC-PD .00 . 00 .00 1 28.40- 00 ADV-BAL 4,040.50 . 4,040.50 .00 4,000.19 .00 4 000 19 .00 SUSP .00 .00 .00 , . 4,000.19 SC/PAYEE SE-MCS .00 00 801 SE-MCS PAGE 004 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TRAN 10-02-01 /P Date: 10221/ 2 Time: 02:39:54 PM OCT 21 102 14:56 FR WELLS FARGO HM MTG TO 912155685560 P.06i11 Page: 1 Document Name: untitled P309 LN 10830'06275 MORTGAGE LOAN HISTORY NAME C MARINO INV-LN C90-009-1083006275 DUE 11-01-99 10-18-02 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PE 68,491.91 2ND PB 00 HUD .00 NET 678.51 SF .00000000 SUSP 1451.B4 STOP D B . P F N A D L REP .00 RES .00 APP 04-23 04-22 04-16 4 0 04-16 0 2 D 3 0 1 04-15 DUE TYPE/TRA 11-99 N 04-02 ' 11-99 11-99 04-02 1 61 AMOUNT ? 3 10 wl 1 52 1 61 3 13 Ci?y PRIN-PD 40.31 40.31- .00 202.75 202.75- .? 00 .00 .00 00 PRIN-BAL 68,491.91 68,491.91 68,491.91 . 68,491.91 .00 68 491 91 ?C INT-PD .00 .00 .00 .00 , . 1 00 ESC-PD 40.31 40.31- .00 202.75 . 202 75- ESC-BAL .00 40.31- .00 .00 . 202 75- A&H-INS .00 .00 .00 .00 . 00 LIFE-INS .00 .00 .00 _00 . 00 LC/FEES .00 .00 1 28.40- .00 . 00 MISC-PD .00 .00 .00 .00 00 ADV-BAL 4,000.19 3,959:88 3,959..88 3,959.88 . 3 757 13 SUSP .00 .00 .00 .00 , . 00 SC/PAYEE 801 . 370410032 PAGE 005 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST IRAN 10-02-01 /P Date: 101211 2 Time: 02:44:19 PM OCT 21 102 14:56 FR WELLS FARGO HM MTG TO 912155685560 P.07/11 Page: 1 Document Name: untitled P309 LN 1083006275 MORTGAGE LOAN HISTORY NAME C MARINO INV-LN G90-009-1083006275 DUE 11-01-99 10-18-02 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PB 68,491.91 2ND PR 00 HUD .00 NET 678.51 SF .000 00000 SUSP 1451.84 STOP D B . P F N A D L REP .00 RES .00 APP 04-04 03-26 03-25 4 0 03-18 0 2 D 3 0 1 02-28 DUE TYPE/TRAN 00-00 11-99 03-02 0 11-99 00-00 6 31 1 61 fV 1 3 10 1 52 6 31 AMOUNT .00 40.31 40.31- .00 00 PRIN-PD .00 .00 .00 .00 _ 00 PRIX-BAL 68,491.91 68,491.91 60,491,91 68,491.91 . 68 491 91 INT-PD .00 .00 .00 00 , . ESC-PD .00 40.31 40.31- . 00 .00 ESC-BAL .00 .00 40.31- . 00 .00 A&H-INS .00 .00 .00 . 00 .00 LIFE-INS .00 .00 .00 . 00 .00 LC/FEES .00 .00 .00 1 _ 28.40- .00 00 MISC-PD .00 .00 .00 _00 . 00 ADV-BAL 3,757.13 3,757.13 3,716..82 3,716.82 . 716 3 82 SUSP .00 _00 .00 .00 , . 00 SC/PAYEE SE-MCS 801 . SE-MCS PAGE 006 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TFLAN 10-02-01 /P Date! 10%21/ 2 Time.. 02:39:58 PM OCT 21 '02 14:56 FR WELLS FARGO HM MTG TO 912155685560 P.08/11 Page: 1 Document Name: untitled P309 LN 1083006275 MORTGAGE LOAN HISTORY NAME C MARI NO INV-LN G90-009-1083006275 DUE 11-01-99 10-18-02 TYPE 16 ER FR MAN F P-TYPE 1 INT .0875000 FIRST PB 68,491. 91 2ND PB HUD .00 NET 67 8.51 SF .00000000 SUSP 145 1.84 STOP D B .00 P F N A D REP .00 RES .00 L APP 02-26 02-25 02-19 4 0 0 2 D 3 0 1 DUE 11-99 A1' 9 02-02 11-99 01-30 00-00 01-29 TYPE/IRAN 1 61 I"` 1 3 10 11-99 AMOUNT 40.31 JOD 40.31- 1 52 00 6 31 1 61 PRIN-PD .00 00 . .00 40.31 PRIN-BAL 68,491.91 . 68,491.91 .00 68,491.91 .00 68 491 91 .00 6 INT-PD .00 00 , . 8,491.91 ESC-PD 40.31 . 40.31- .00 00 .00 .00 ESC-SAL .00 40.31- . 00 .00 40.31 A&H-INS .00 _00 . 00 .00 .00 LIFE-INS .00 _00 . 00 .00 _00 LC/FEES .00 .00 1 . 28 40- .00 .00 MISC-PD .00 00 . .00 .00 ADV-BAL 3,716.82 . 31676:51 .00 3,676.51 100 3 676 51 .00 SUSP .00 00 , . 3,676.51 SC/PAYEE . 801 .00 .00 .00 SE-MCs PAGE 007 OF 0 10 TOTAL TRANS AVAILABLE 0050 OLDEST TRAM 10-02-01 /P Date: 10/21/ 2 Time: 02:40:01 PM OCT 21 '02 14:56 FR WELLS FARGO HM MTG TO 912155685560 P.09i11 Page: 1 Document Name: untitled P309 LN 1083006275 MORTGAGE LOAN HISTORY 10-18-02 NAME C MARINO INV-LN G90-009-1083006275 DUE 11-01-99 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PB 68,491.91 2ND PB .00 HUD .00 NET 678.51 SF .00000000 SUSP 1451.84 STOP D B P F N A D L REP _00 RES .00 4 0 0 2 D 3 0 1 APP 01-28 01-16 12-31 12-20 12-19 DUE y? /? 1 11-99 00-00 11-99 2-01 TYPE/TRAN ly1ir- 3 10 52 31 61 10 yl AMOUNT p p 40.31- .00 .00 40.31 40.31- PRIN-PD .00 .00 .00 .00 l? .00 PRIN-BAL 68,491.91 68,491.91 68,491.91 611,491.91 68,491.91 INT-PD 100 100 .00 .00 .00 ESC-PD 40.31- 100 .00 40.31 40.31- ESC-SAL 40.31- .00 .00 .00 40.31- A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEES .00 1 28.40- .00 100 .00 MISC-PD .00 .00 .00 .00 .00 ADV-BAL 3,636.20 3,636.20 3,636.2,0 3,636.20 3,595.89 SUSP .00 .00 .00 .00 .00 SC/PAYEE 801 SE-MCS 801 PAGE 008 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TRAN 10-02-01 /P Date: 10/21/ 2 Time: 02.40:03 PM OCT 21 '02 14:57 FR WELLS FARGO HM MTG TO 912155685560 P.10i11 Page: 1 D6Cument Name: untitled 8309 LN 1083006275 MORTGAGE LOAN HISTORY 10-18-02 NAME C MARI NO INV-LN 090-009-1083006275 DUE 11-01-99 TYPE 16 BR FR MAN F P-TYPE 1 INT ,0875000 FIRST PB 68,4 91.91 2ND PB 00 HUD .00 NET 678.51 SF .00000000 SUSP 1451.84 STOP D 8 , P F N A D L REP .00 RES .00 4 0 0 2 D 3 0 1 APP 12-17 12-03 11-27 11-26 11-16 DUE 11-99 00-00 11-99 r? 11-01 11-99 TYPE/TRAM 1 52 6 31 1 61 3 10 1 52 AMOUNT .00 .00 40.31 40.31- _00 PRIN-PD .00 .00 .00 .00 .00 PRIN-BAL 68,491.91 68,491.91 68,491.91 68,491.91 68,491.91 INT-PD .00 .00 .00 .00 .00 ESC-PD .00 .00 40.31 40.31- _00 ESC-BAL- .00 .00 .00 40.31- .00 A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 .00 .00 LC/FEES 1 28.40- .00 .00 .00 1 28.40- MISC-PD .00 .00 .00 .00 .00 ADV-BAL 3,595.89 3,595:89 3,595.89 3,555.58 3,555.58 SUSP .00 .00 ..00 .00 00 SC/PAYEE SE-MCS 80:1 . PAGE 009 OF 010 TOTAL TRANS AVAILABLE 0050 OLDEST TRikN 10-02-01 IF Date: 10/21/ 2 Time: 02:40:08 PM OCT 21 '02 14:57 FR WELLS FARGO HM MTG TO 912155685568 P.11/11 Page: 1 Document Name: untitled P309 LN 1083006275 MORTGAGE LOAN HISTORY 10-18-02 NAME C MARINO INV-LN G90 -009-1083006275 DUE 11-01-99 TYPE 16 BR FR MAN F P-TYPE 1 INT .0875000 FIRST PH 68,491.91 2ND PB .00 HUD .00 NET 678.51 SF .00000000 SUSD 1451.84 STOP D B P F N A D L REP .00 RES 00 1 4 0 0 2 D 3 0 1 APP 11-02 10-25 10-24 10-16 10-02 DUE 00-00 11-99 A4,p 10-01 11-99 00-00 TYPE/TRAM 6 31 1 61 3 10 1 52 6 31 AMOUNT .00 40.31 109 40.31- .00 .00 PRIN-PD .00 100 .00 .00 .00 PRIN-BAL 68,4911.91 68,491.91 68,491.91 68,491.91 68,491.91 INT-PD .00 100 .00 .00 _00 ESC-PD .00 40.31 40.31- .00 .00 ESC-BAL- .00 .00 40.31- .00 00 A&H-INS .00 .00 .00 .00 . _00 LIFE-INS .00 .00 .00 .00 00 LC/FEES .00 .00 .00 1 28.40- _ .00 MISC-PD .00 00 .00 .00 .00 ADV-SAL 3,555.58 3,555.58 3,515.27 3,515.27 3,515.27 SUSP .00 .00 .00 .00 00 SC/PAYEE SE-MCS 801 . SE-MCS PAGE 010 OF 010 **PRESS PF10 FOR 25 MONTHS** OLDEST TRAN 10-02-01 /P Date: 10/21/ 2 Time: 02:40:10 PM --'- "' ** TOTAL PAGE.11 ** 12-31-01. 00-00 15.00 t2-20-01. 11-99 40.31 12-19-01? 12-01 40.31 12-17-01 11-99 0.00 12-03-01 00-00 15.00 11-27-01 11-99 40.31 11-26-01 11-01 40.31- 11-16-01 11-99 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- 3,636.20- 152 LATE CHARGE ASSESSMENT MTGR REC CORP ADV BA PAYEE = 801 0.00 0.00 0.00 28.40-1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- 3,595.89- 152 LATE CHARGE ASSESSMENT MTGR REC CORP ADV BA PAYEE = 801 0.00 0.00 0.00 28.40-1 LATE CHARGE 11-02-01 00-00 631 PROPERTY PRESERVATION -00 0.00 0 a^ 0_ 10-25-01 11-99 40.31 10-24-01 10-01 40.31- 10-16-01 11-99 0.00 10-02-01 00-00 15.00 09-20-01 11-99 40.31 09-19-01 09-01 40.31- 09-19-01 11-99 0.00 09-05-01 00-00 15.00 09-05-01 11-99 40.31 09-04-01 08-01 40.31- 08-30-01 11-99 421.00 08-29-01 08-01 421.00- 08-22-01 11-99 124.75 08-21-01 04-00 124.75- 08-16-01 11-99 0.00 07-31-01 11-99 800.57 07-30-01 08-01 800.57- 07-23-01 11-99 40.31 07-20-01 07-01 40.31- 07-16-01 11-99 0.00 07-06-01 11-99 226.15 0 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- PAYEE _ 3,555.58- 152 LATE CHARGE.ASSESSMENT CORP ADV BA 801 0.00 0.00 0.00 28.40-1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- PAYEE = 801 3,515.27- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 28.40-1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- PAYEE = 801 3,474.96- 161 ESCROW ADVANCE 0.00 0.00 421.00 351 HAZ INS 0.00 0.00 421.00- 3,434.65- 161 ESCROW ADVANCE 0.00 0.00 124.75 313 CITY TAX 0.00 0.00 124.75- 3,013.65- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 800.57 314 TOWN/VILLAGE TAX 0.00 0.00 800.57- PAYEE = 70090 PAYEE = 370410032 28.40-•1 LATE CHARGE 2,888.90- 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- 2,088.33- 152 LATE CHARGE ASSESSMENT PAYEE = 370416032 PAYEE = 801 0.00 0.00 0.00 28.40-1 LATE CHARGE 173 PAYMENT 0.00 0.00 0.00 226.15 06-28-01- 11-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 C6-27-01. 06-01 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- PAYEE = 801 2,048.02- 06-18-01 11-99 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 28.40-1 LATE CHARGE 05-23-01 11-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 05-22-01 05-01 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- PAYEE 801 2,007.71- 05-16-01 11-99 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 28.40-1 LATE CHARGE 05-11-01 00-00 714 FORECLOSURE INVESTOR REPAYMENT 250.00 0.00 0.00 0.00 250.00 MTGR REC CORP ADV BA 05-10-01 10-99 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 110.51- 110.51. ?C 05-10-01 10-99 173 PAYMENT 1,329.87 68.08 499.92 110.51 651.36 6 8,491.91•. 1,967.40- 05-03-01 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 250.00 0.00 0.00 0.00 250.00 MTGR REC CORP ADV BA 05-01-01 10-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 04-30-01 04-01 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- PAYEE 801 2,077.91- 04-17-01 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 250.00 0.00 0.00 0.00 250.00 MTGR REC CORP ADV BA 04-16-01 10-99 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 28.40-1 LATE CHARGE 04-10-01 10-99 161 ESCROW ADVANCE 179.26 0.00 0.00 179.26 04-09-01 04-01 313 CITY TAX 179.26- 0.00 0.00 179.26- PAYEE = 370410032 04-02-01 00-00 15.00 03-16-01 00-00 2,084.51 03-16-01 10-99 0.00 03-06-01 00-00 15.00 02-21-01 10-99 0.00 01-30-01 10-99 40.31 01-29-01 01-01 40.31- 01-29-01 00-00 15.00 01-17-01 10-99 0.00 01-02-01 00-00 15.00 12-21-00 10-99 40.31 12-20-00 12-00 40.31- 12-18-00 10-99 0.00 12-01-00 00-00 15.00 11-29-00 10-99 40.31 2,037.60- 631 PROPERTY PRESERVATION 0.00 0.00 0.00 766 MISCELLANEOUS REPAYMENT 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 2,084.51 MTGR REC CORP ADV BA 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 28.40-1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 28.40-1 LATE CHARGE 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- PAYEE = 801 1,858.34- 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 28.40-•1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 161 ESCROW ADVANCE 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- 1,818.03- 152 LATE CHARGE ASSESSMENT MTGR REC CORP ADV BA PAYEE = 801 0.00 0.00 0.00 28.40-1 LATE CHARGE 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 161 ESCROW ADVANCE 0.00 0.00 40.31 11-28-00. 11-00 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- 1,777.72- 11-03-00, 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 10-30-00 10-99 40.31 10-27-00 10-00 40.31- 10-26-00 00-00 800.00 10-26-00 00-00 75.00 10-05-00 00-00 15.00 161 ESCROW ADVANCE PAYEE = 801 MTGR REC CORP ADV BA 0.00 0.00 40.31 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 40.31- PAYEE 801 1,737.41- 633 MISC FORE CLOSURE AND BANKRUPTCY EXPENSES 0.00 0.00 0.00 800.00 MTGR REC CORP ADV BA 632 STATUTORY EXPENSES 0.00 0.00 0.00 75.00 MTGR REC CORP ADV BA 631 PROPERTY PRESERVATION 0.00 0.00 0.00 15.01) MTGR REC CORP ADV BA 09-28-00 10-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 09-27-00 09-00 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00•. 0.00 40.31- 1,697.10- 09-19-00 09-99 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 110.51- 110.57E 09-1 999 173 PAYMENT 681.0 67.59 500.41 110.51 2.45) 68,559.99 1,656.79- 09-19-00 09-99 173 PAYMENT 571.84 0.00 0.00 0.00 571.84 09-06-00 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 08-31-00 09-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 08-30-00 08-00 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- 1,767.30- PAYEE = 801 MTGR REC CORP ADV BA PAYEE = 801 08-28-00 09-99 161 ESCROW ADVANCE 381.00 0.00 0.00 381.00 08-25-00 08-00 351 HAZ INS 381.00- 0.00 0.00 381.00- PAYEE 70140 1,726.99- 08-16-00 09-99 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 28.40-1 LATE CHARGE 08-01-00 09-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 07-31-00 07-00 310 MORTGAGE INSURANCE DISBURS EMENT 40.31- 0.00 0.00 40.31- PAYEE = 801 1,345.99- 07-28-00 09-99 161 ESCROW ADVANCE 539.11 0.00 0.00 539.11 07-27-00 08-00 314 TOWN/VILLAGE TAX 539.11- 0.00 0.00 539.11- PAYEE = 370416032 1,305.68- 07-17-00 09-99 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 28.40-1 LATE CHARGE 06-23-00 08-99 168 REPAY OF ESCROW ADVANCE -._.- _11._1-0 _ _.._A 110. 51 110.51 ` 06-23-0 8-99 173 PAYMENT 681.00 67.10 500.90 110.51 4.98 4 INSPECTION FEE -.,.____----- 6 8,627.58 766.57- 06-21-00 08-99 161 ESCROW ADVANCE 40.31 0.00 0.00 40.31 06-20-00 06-00 310 MORTGAGE INSURANCE DISBURSEMENT 40.31- 0.00 0.00 40.31- PAYEE = 801 877.08- JUN.13.2002 e:28AM MORTGAGE SERVICES 3018156574 NO.311 P.3 I1061-721 WELLS FARGO HOME MTG,INC OBA MTG SE RVICE LOAN HISTORY Y-T-O INV G90 CAT 009 INV# i083005275 T16 12/29/00 LOAN-NO (CONT\D) •1 083006275 08-00 07-27 3 It 1 CHECK 9082377 539.11- 539.11- PAYEE CO 370416032 PAGE 23206 09-99.07-28 1 61 1 539.11 .00 68627.58 .00 539.11 .00 1305.68 .00 .00 .00 1 07-OQ 0?-31 3 SO , 1 CHECK #0912872 40.31- 40.31- BATCH 9 PAYEE Co 27 EDIT-SEQ 801 999999 09-99 08-01 1 61 1 40.31 .00 68627.58 .00 40.31 .00 1345.99 .00 .00 .00 1 09-99'08-16 L 52 i .00 .00 68627.58 .00 .00 .00 1345 99 BATCH 931 EDIT-SEQ 00 00 999999 00 40- L1 28 06-00 09-25 3 51 1 CHECK 6080655 381.00- 381.00- . . PAYEE CD . 70140 . . 09-99 08-28 1 61 1 381.00 .00 68627.58 .00 361.00 .00 1726.99 .00 .00 .00 1 08-00 08-30 3 10 1 CHECK 00818089 40.31- 40.31- HATCH 925 EDIT-SEQ PAYEE CD 801 999999 09^99 09-31 L S1 1 40.31 .00 68627.58 .00 40.31 .00 1767.30 .00 .00 .00 1 00-00 09-OS 6 31 1 S MCS REASON INS? INSPECTION CORP:SEQ 03 PAYEE BATCH 930 EDIT-SEQ 999999 O1R01 ORIG PAY SE-MCS 15.00 AR 09-99 09-19 1 73 1 HECK 808865 571 64 00 68627 58 00 . . . . .00 .00 1767.30 .00 .00 .00 1 09-99 59 1 73 2 681.00 87.59 66559.99 500.41 110.51 09-99 09-19 1 68 3 .00 .00 66559.99 .00 110.51- 09-00 09-27 3 10 1 10-99 09-29 1 61 1 00-00 10-05 6 31 1 00-00 10-26 6 32 1 00-00 10-26 6 33 2 10-00 10-27 3 10 1 10-99 10-30 1 61 1 00-00 11-03 6 33. 1 11-00 L1-28 3 LO 1 10-99 L1-29 1 61 1 00-00 12-01 6 31 1 10-99 12-18 1 52 1 12-00 12-20 3 10 1 10-99 12-21 1 61 1 CHECK #09'0993 40.31- 40.31 .00, 69559.99 .00 40.31 .00 PROCES MCS REASON INSP INSPECTION CHECK #0 *154 .00 PROLES OKH REASON BKYC EANKRUPCTY COSTS CHECK 1091'7423 .00 PRbCES On REASON ME EANKRUPTCY FEES CHECK $095480 CHECK 0090512 40.31- 40.31 .00 68559.99 .00 40.31 .00 PROCES CHECK #09460 MCS REASON INSP INSPECTION CHECK #10-1677 40.31- 40.31 .00 68559.99 .00 40.31 .00 PRPCES MCS REASON INSP INSPECTION CHECK 4102258 .00 .00 68559.99 .00 .00 CHECK #104431 40.31- 40.31 .00 68559.99 .00 40.31 REQ-BY TOTALS 4,764.40 1,502.69 201.31 1,363.52 511.84 W 09-19-00 L BATCH SDI EDIT-SEQ 051933 ACTION 1801 1LO.51 1767.30 .00 .00 .00 1 2.49 W 09-19-00 L BATCH BD1 EDIT-SEQ 051971 ACTION 0801 .00 1656.79 .00 .00 .00 1 110.51 V HATCH SDI EDIT-SEQ 051971 ACTION 0801 40.31- PAYEE CD 901 .00 1697,10 .00 .00 .00 1 BATCH 921 EDIT-SEQ 999999 CORP:SEQ 03 PAYEE 01R01 ORIG PAY SE-MCS 15.00 AR CORP:SEQ PAYEE O1R01 ORIG PAY ATY-PA-FED 75.00 AR CORP:SEQ 90 PAYEE, O1A01 ORIG PAY ATY-PA-FED 800.00 AR 40.31- PAYEE CO 801 .00 1737.41 .00 .00 .00 1 BATCH 921 EDIT-SEC 999999 CORP:SEC 03 PAYEE 010.01 ORIG PAY SE-MCS 15.00 AR 40.31- PAYEE CD 801 .00 1177.72 .00 .00 .00 1 BATCH 928 EDIT-SEQ 999999 CORP:SEC 03 PAYEE O11k01 ORIG PAY SE-MCS L5.00 AR .00 1177.72 .00 .00 .00 28.40- 11 40.31- PAYEE CD 801 .00 1818.03 .00 .00 00 1 BATCH 920 EDIT-SEQ 999999 .00 1,760.64 JUN 13 102 09:31 301 815 6574 PAGE.03 JUN.13.2002 8:28AM MORTGAGE SERVICES 3018156574 N0.311 P.2 I1061-721 - WELLS FARGO 90?E MTG,INC DBA MTG SERVICE LOAN 141STORY Y-71-D INV G90 CAT C09 If7V# 1083006275 T16 12/29/00 PAGE 23205 LN# 1063006278 CLARENCE MARINO DEBBIE R MARINO EMP 0 POFO 405 WHISKEY RUN ROAD NL%VZLLE PA 17241 0000 1ST MTGE PRIN 2ND MTGE PRIN ESC BAL REST ESC SUSPENSE ADV SAL APPS, RES HUD BAL LC BAL IN? DUE DUE DATE HUD PAT OF M 68,559.99 .00 1.00 .00 574.33 1,818.03 .00 .00 85.20 .00 10-01-99 .00 FR B P 6 2 1ST PSI 2ND CO TAX CITYtTAX HA2 INS M I P LIEN ESC A 6 H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 568.00 .00 .00 g.50 22.00 40.31 39.70 .00 .00 0 .00 0 .00 0 .00 679.51 .0875000 1 9 1ST ORIG MTG 2ND ORIG HTG PRIN SAL BEG INT IND GAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPD INT PPD INT IND GPM ORG 72,200 0 68,761.30 263 56 6256 0.00 0.00 0 0 ASSUM-DT XPER-DEED FHA-SEC/NUM LIP PAYOFF FC-TRK-SW YE-ACQ-RPT/DATE SALE-ID EXEMPT PLGD-LN PMT-OPT CALC-MCTN ELOC BNHRPCY CH/DT 901/4701519745 , Y/OB-26-94 FNBFOS 4 13/12-06-99 PMT PERIOD 1096-DET-HIST POINTSrPAID/RPTG YR SUPPR-MICA-STMT DI-NOT-RPT-YR REAS CAUS RI-HDR-SW 1ST-DUE-DT RED STAT/COMPL IT 12 .00 Y 10-9d ICE CREDIT YTO/W-H 8W/W-H BALANCE IORE CREDIT YTO/W-H SW/W-9 BALANCE CONSTR CD 140 PURGE FLAG/YR BNKRPT STAT LAST DCF DUE .00 .00 .00 .00 A 09-24 RBC CORP ADV BAI. 3RD REC CORP ADV SAL FOAECL WKST CODE/REINSTATE DATE INII ESC STMT CODE / DATE LOSS MIT STATUS/COMPL DATE 935.00 .00 9 09-27-00 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CFD DATE DATE TA NO RECEIVED , PAID BALANCE PAID PAID RXLANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT BAL-FWD 65761.30 .00 .00 .00 .00 07-99 05-11 1 42 1 .00 66761.30- 60761.30 .00 .00 .00 .00 .00 .00 .00 1 07-99 05-16 1 47 1 .00 .00 68761.30 .00 766.04- 756.04- .00 T.00N25 EDI'.0 EQ 06200800 1 07-99 05-17 1 61 1 786.04 .00 68761.30 .00 706.04 .00 766.04 BAT.000435 FAIT OEQ 0?69.00Q 1 Od-OO OS-26 3 30 1 CHECK #074706 BATCH 9L6 EDIT-SEQ 999999 07-99 05-25 1 61 1 00.62 .00 60761.30 .00 6 60.62- 0.62 90.00 866.66 PAYEE 601 .00 .00 1 06-00 05-30 3 10 1 CHECK #075129 80.62- BATCH 929 EDIT-SEQ 999949 01-99 OS-31 1 61 1 90.62 .00 68761.30 .00 90.62 80.00 947.38 PAYEE 601 00 ,00 1 07-99 05-31 73 2 681.00 66.62 68694.68 501.38 110.51 110.51 947.28 BATCDHO930 EDI.005E0 9999900 I 2.49 W OS-31-00 L BATCH 5B6 EDIT-SEC 165972 07-99 05-31 1 68 3 .00 .00 66694.68 .00 110.51- .00 836.77 .00 .00 .00 1 110.51 V 06-00 06-20 3 30 L CHECK #077108 BATCH 5B6 EDIT-SEQ 165972 08-99 06-21 1 61 1 40.31 .00 66694.66 .00 4 40.31- 0.31 40.00 677,06 PAYEEDOCD 001 00 00 1 08-99 06-23 1 73 1 681.00 67.10 69627.56 500.90 110.51 110.51 877.08 ?T.00920 EDI.00EQ 9999900 4.98 41 2.49-W _ 06-23-DO L -SEQ 06-99 06-23 1 68 2 .00 .00 6^8627.58 .00 110.51- .00 7616.57 BA .00430 EDT. 00 0969.00 1 110.51 v 09-99 07-17 1 52 1 .00 .00 69627.59 ,00 BATCH 430 EDIT-SEC 096906 .00 .00 7611.57 .00 .00 .00 28.40- LL JUN 13 '02 09:30 301 615 6574 PAGE.02 JUN.13.2002 8.29AM MORTGAGE SERVICES 3018156574 NO.311 P.4 I1061-721 WCLLS CARGO HOME MTG,INC DEA MTG SERVICE LOAN HISTORY Y-T-D INV G90 CST 009 INV# 1083006275 T16 12129100 LOAN-NO (CONT\D) •1083006275 PAGE 23207 OTHER AMOUNT CODES: A-FHJ% PEN..AI,TY G=="SER=INTEREST-PAID TO POOL K-INT-DUE-PD P-ACCRUED-IOE/IORE U-REAPPLICATION-FEE YWtUD-FUND 2e85r E--FEE-AMT L-PD-TRRU-DT R-UE-INT-AMT V.ESCROW-ADVANCE t-RESTRICTED-ESCROW C+235,-FEE I--,A-H-PO M-ADVANCE-EFF-DATE S-CR-LIFE-AMT W-SUSPENSE 01=DEFERRED-INT-BAL F-MISC J-LIFE-PD N-ADVANCE-MEMO-AMT T-ORIG-FEE-AMT X-REPLACEMENT-RESERVE AA-SE,-FEE-PD AB-DEFERRED-INT-PDT AC-LIFE-DEF-INT-PD AD-CHECK-NO AS=DEFERRED-INT-LTD-PD AF-LIFO-DEFERRED-INT-LTD-PD AW6U -CODE AJeDEF-INT-ADJ-FLNU WK ADV :AMT-RECD AL-TRAN-SOURCE AM-IOC-SPEC-INT-PD AN-NON-REC-CORP-ADV AP-DATE-STAMP AC-TIME- STAN? AR=MTGR-RFC-CORD-ADV AS-PREV-POSTED ATa3RD-REC-CORD-ADV AY-ADJ YE 1098 IND FEE CODES: 1-LATE-CHARGE 2=BAD-CK-FEE 3-CHG-OWNER JUN 13 '02 09:31 301 815 6574 PAGE.04 VERIFICATION I, BLAIR KALISH ADLER state that I am counsel for Allfirst Bank, formerly known as First National Bank of Maryland, Plaintiff in the foregoing matter, that I am familiar with the facts as represented to me and contained in the foregoing docu rent and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. BLAIR KALISH ADLER, ESQUIRE Attorney for Plaintiff COMROE HING LLP Attorney for Plaintiff BY: David B. Comroe, Esquire I.D. No. 25694 BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALLFIRST BANK, formerly known as FIRST NATIONAL BANK of MARYLAND Plaintiff NO. 02-492 CIVIL TERM vs. Action of Mortgage Foreclosure CLARENCE MARINO and DEBBIE MARINO Defendants. CERTIFICATE OF SERVICE I, Blair Kalish Adler, Esquire, hereby certify that I served a true and correct copy of Plaintiff s Motion for Summary Judgment and Memorandum of Law, via first class mail, postage prepaid, upon the following counsel of record: James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17103-3019 BY: Blair Kalish Adler, Esquire Dated: November 6, 2002 ` n?rr c. C, ALLFIRST BANK, FORMERLY IN THE COURT OF COMMON PLEAS OF KNOWN AS FIRST NATIONAL BANK CUMBERLAND COUNTY, PENNSYLVANIA OF MARYLAND, PLAINTIFF V. CLARENCE MARINO AND : DEBBIE MARINO, DEFENDANTS 02-0492 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this day of February, 2003, the motion of plaintiff Allfirst Bank, formerly known as First National Bank of Maryland, for summary judgment against defendants Clarence Marino and Debbie Marino, IS GRANTED. Judgment in foreclosure is entered in favor of plaintiff and against defendants. By the:_Cogft, Edgar B. BayTJy, J. Blair Kalish Adler, Esquire 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 For Plaintiff James K. Jones, Esquire For Defendants (t. :sal t,nr) ^?y 4 Comroe Hing LLP Identification No.: By: David B. Comroe 25694 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Allfirst Bank P.O. Box 1217 Charlotte, NC 28201-1217 IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW Debbie R. Marino ACTION OF MORTGAGE FORECLOSURE 405 Whiskey Run Road Newville, PA 17241 CIVIL Term Clarence Marino No. 02-492 405 Whiskey Run Road Newville, PA 17241 Defendants PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: By Order of the Court dated February 13, 2003, a copy of which is attached hereto, kindly assess Plaintiff s damages in the amount of $ $ 9 8, 7 7 8 . 2 7, as follows (a) Principal Debt (b) Late Charges at $33.93 per month from 11/01/99 to 05/15/2003. (c) Interest from 10/01/99 through 05/15/2003 at $16.65 (d) Total Escrow Deficit to date $68,491.91 $1,458.99 $0.00 $22,024.43 $2088.33 I (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE DATED: May 15, 2003 $3,424.60 $335.00 $115.50 $839.51 $0.00 $98,778.27 Respectfully submitted, oe Hing LLP BY: Da id B. Comroe, Esquire Attorney for Plaintiff Damages assessed as above this day ofJ 0 Pro Prothonotary!] 2003 . 2 ?) ?. l ?? _ _?.. ?' ? y?, ? < ?. .- ` L,,. ?,_ f?;? ?.. ?_ , _ ?_;- 1, ': , ` :: :? _ _ ; -? - ." PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Allfirst Bank ! P.O. Box 1217 { Charlotte, NC 28201-1217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. Debbie R. Marino 405 Whiskey Run Road Newville, PA 17241 Clarence Marino 405 Whiskey Run Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE CIVIL Term No. 02-492 Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 405 Whiskey Run Road, Newville, PA, 172,11 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $98,778.27 Interest from 5/15/03 to 9/31 t 8.750 $ 2,628 45 David B. Co rm o,-7---Fsquire Attorney for Plaintiff DESCRIPTION AI,L-, THOSE TWO CERTAIN tracts of land situate in the Township of Upper Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Road, near the Old Mennonite Church; thence by lands now or late of Addison Barrick North 38 degrees 30 minutes East a distance of 180 feet to a stone; thence still by said lands now or formerly of Addison Barrick North 57 degrees West a distance of 99 feet to a stone at comer of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whiskey Run Road; thence by said Whiskey Run Road South 57 degrees East a distance of 99 feet to a limestone at the place of beginning. THE above described Tract No. 1 contains 17,820 square feet. TRACT NO. 2: BEGINNING at a stone in Whiskey Run Road at corner of Tract No. 1 above describe thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance of 42.3 perches stone; thence by lands now or late Israel Sollenberger North 43 degrees 15 minutes East a dito a of 180.6 feet to a stone at corner of lands now or late of Addison Barrick; thence b stsn now or late of Addison Barrick South 59 degrees 15 minutes East a distance of 4.1.8 perches to a stone at corner of Tract No. 1 hereinabove described; thence by said Tr by said lands now 38 degrees 30 minutes West a distance of 10.9 perches or 179.8 5 t No. 1 hereinafter described South the place of beginning. feet, more or less, to a stone at THE above described Tract No. 2 contains 2 acres and 136 perches, more or less. THE above described Tract Nos. 1 and 2 collectively contain a total of 3.259 a and have thereon erected a frame dwelling house and frame barn. cres, more or less, Tax Parcel #44-06-0037-003 ??"'?, _ . -' C? } v ?;? _ ?.i 3 -? _ :. -?. G,? C__ ? rT --: r .:- -? ? .?J ? c ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-492; Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK Plaintiff (s) From DEBBIE R. AND CLARENCE MARINO, 405 WHISKEY RUN ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 405 WHISKEY RUN ROAD, NEWVILLE PA 172,11 (SEE ATTACHED 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 $ 98,778.27 Interest 5115103 TO 9/3/03 @ 8.75% Atty's Comm % Atty Paid $126.35 Plaintiff Paid Date: JUNE 3, 2003 (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: 1608 WALNUT ST., STE. 300 PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 568-0400 Supreme Court ID No. L.L. $.50 $2,628.45 Due Prothy 1.00 Other Costs CURTIS R. LONG ho otary 44 / Prot By: Deputy Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Allfirst Bank IN THE COURT OF COMMON PLEAS P.O. Box 1217 Charlotte, NC 28201-1217 OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. Debbie R. Marino ACTION OF MORTGAGE FORECLOSURE 405 Whiskey Run Road Newville, PA 17241 CIVIL Term Clarence Marino No. 02-492 405 Whiskey Run Road Newville, PA 17241 Defendants CERTIFICATION David B. Comroe, Esq., Attorney for Plaintiff in the above captioned matter, hereby certifies that the provisions of the Emergency Mortgage Relief Act, P.L. 1688 -No. 62.1, as amended, December 23, 1983 have been met. David B. Comroe?-e Attorney for Plaintiff Sworn to and subscribed before me this aIN- day of V't;r 2003. Notary Public --- TA. TARIAL SEAL ic Smroldenberg, Notary City delphia, Phila. Coup M Comrrasgion E xOre$ Jan. 24, 05 - ,` ?? i,???? c_ - ?;?. ?__ ,. _- .,? ._ -- _, _ a _?? -? c. - b- f ti .._ ,r Certificate To The Sheriff Allfirst Bank P.O. Box 1217 Charlotte, NC 28201-1217 Plaintiff VS. Debbie R. Marino 405 Whiskey Run Road Newville, PA 17241 Clarence Marino 405 Whiskey Run Road Newville, PA 17241 M. C. C.P. (Circle One) CIVIL Term No. 02-492 Defendants I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendants own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendants are: x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above not applicable, state which Defendants are residents of the .. Commonwealth of Pennsylvania: Residents: This certification must be signed by the attorney of record if an appearance has been entered; otherwise certification must be signed by Plaintiff. Name: David B. Comroe, Esquire Phone N?(215) 568--0400 Si nature:--> Address: 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 Comroe Hing LLP Identification No.: By: David B. Comroe 25694 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Allfirst Bank P.O. Box 1217 Charlotte, NC 28201-1217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW Debbie R. Marino ACTION OF MORTGAGE FORECLOSURE 405 Whiskey Run Road Newville, PA 17241 CIVIL Term Clarence Marino No. 02-492 405 Whiskey Run Road Newville, PA 17241 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank, 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 405 Whiskey Run Road, Newville, PA, 17241: 1. Name and address of Owners or Reputed Owners: Debbie R. Marino 405 Whiskey Run Road Newville PA 17241 Clarence Marino 405 Whiskey Run Road Newville PA 17241 2. Name and address of Defendants in the judgment: Date Service Code 1 Debbie R. Marino 405 Whiskey Run Road Newville PA 17241 Clarence Marino 405 Whiskey Run Road Newville PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 1. Name and address of the last recorded holder of every mortgage of record: Date Service Code Pennsylvania Housing Finance Agency 2101 N. Front St. Harrisburg PA 17105 EMC Mortgage Corporation 222 West Las Colinas Blvd. Irving, TX 75039 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. Date Service Code 2 Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Commonwealth of Pennsylvania Bureau of Child Support ti Enforcement P.O.Box 320 Carlisle PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle PA 17013-3387 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. (attach separate sheet if more space is needed) 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. DATED: Plaintiff 3 a a Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Allfirst Bank P.O. Box 1217 Charlotte, NC 28201-1217 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE Debbie R. Marino 405 Whiskey Run Road CIVIL Term Newville, PA 17241 No. 02-492 Clarence Marino 405 Whiskey Run Road Newville, PA 17241 Defendants AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Allfirst Bank sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 405 Whiskey Run Road, Newville, PA, 17241 to be sold at Sheriff's Sale on September 3, 2003. As required by PA R.C.P. 3129.2 (a) Notice of Sale has been given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each 4 i i s and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 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. Date: May 15, 2003 David B. 03__ Attorney for Plain f 5 ?,.? ,_.. ?- . ?. T5 ` _- E,?f? _ - ?.... Cj fir- ??_ (° t', Y` Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Allfirst Bank P.O. Box 1217 Charlotte, NC 28201-1217 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW Debbie R. Marino ACTION OF MORTGAGE FORECLOSURE 405 Whiskey Run Road Newville, PA 17241 CIVIL Term Clarence Marino No. 02-492 405 Whiskey Run Road Newville, PA 17241 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debbie R. Marino, Clarence Marino Your property at 405 Whiskey Run Road, Newville, PA, 17241 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on September 3, 2003, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $98,778.27 obtained by Allfirst Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF"S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your ricrhts. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below to find out 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. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland County at 717-240-6100 . 2. 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. 3. 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 the Cumberland County at 717-240-6100. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this ;3chedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. 3 DESCRIPTION AL THOSE TWO CERTAIN tracts of land situate in the Township of Upper Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Road, near the Old Mennonite Church; thence by lands now or late of Addison Barrick North 38 degrees 30 minutes East a distance of 180 feet to a stone; thence still by said lands now or formerly of Addison Barrick North ;57 degrees West a distance of 99 feet to a stone at comer of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whiskey Run Road; thence by said Whiskey Run Road South 57 degrees East a distance of 99 feet to a limestone at the place of beginning. THE above described Tract No. 1 contains 17,820 square feet. lk?m TRACT NO. 2: BEGINNING at a stone in Whiskey Run Road at corner of Tract No. 1 above described; thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance; of 42.3 perches to a stone; thence by lands now or late Israel Sollenberger North 43 degrees 15 minutes East a distance of 180.6 feet to a stone at corner of lands now or late of Addison Barrick; thence by said lands now or late of Addison Barrick South 59 degrees 15 minutes East a distance of 4.1.8 perches to a stone at corner of Tract No. 1 hereinabove described; thence by said Tract No. 1 hereinafter described South 38 degrees 30 minutes West a distance of 10.9 perches or 179.85 feet, more or less, to a stone at the place of beginning. THE above described Tract No. 2 contains 2 acres and 136 perches, more or less. THE above described Tract Nos. 1 and 2 collectively contain a total of 3.2519 acres and have thereon erected a frame dwelling house and frame barn. more or less, Tax Parcel #44-06-0037-003 ?; C7 c? .- -?.,`' __ - -- G-: ? ? ?f l - v f.. L_ ?. ? _._ .G?•-. - - -•.?2 i._{ ?, } (.J !f v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T Bank is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 3rd day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 492, at the suit of Allfirst Bank against Debbie R Marino & Clarence is duly recorded in Sheriff's Deed Book No. 259, Page 1654. IN TESTIMONY WHEREOF, I have hereunto set my hand Zt7 and seal of said office this day of ?, A.D. 2003 of Deeds C MV, Cafte, PA Monday of den. 2006 Allfirst Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Debbie R. Marino and Writ No. 2002-492 Civil Term Clarence Marino Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2003 at 7:41 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debbie R. Marino, by making known unto Debbie R. Marino personally, at 35 W. Main Street, Apt. 2, Plainfield, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said trine and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2003 at 12:15 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Clarence Marino, by making known unto Clarence Marino personally, at 405 Whiskey Run Rd., Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2003 at 7:06 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Debbie R. Marino and Clarence Marino located at 405 Whiskey Run Rd., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Debbie R. Marino, by regular mail to her last known address of 35 W. Main Street, Apt. 2, Plainfield, PA 17081. This letter was mailed under the date of August 1, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Clarence Marino, by regular mail to his last known address of 405 Whiskey Run Rd., Newville, PA 17241. This letter was mailed under the date of August 1, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David B. Comroe for M & T Bank. It being the highest bid and best price received for the same, M & T Bank of One Fountain Plaza, Buffalo, NY 14203, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1010.72. Sheriffs Costs: Docketing $30.00 Poundage 19.82 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 30.00 Surcharge 40.00 Out of County 9.00 Dauphin County 35.25 Law Journal 330.50 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1010.72 Sworn and subscribed to before me This j o ' day of 2003, A.D. rothonotary So e r- R. Thomas Kline, Sheriff' BYJ Sim(fk Real Estat eputy CLIf-,k- Real Estate Sale # 46 On June 125 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA known and numbered as 405 Whiskey Run Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein Date: June 12, 2003 By: Q?w Real Estate Deputy 4 a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 46 Writ No. 2002-492 Civil Allfirst Bank ?-- vs. Debbie R. Marino and Lisa ari oyne, Editor Clarence Marino Atty.: David B. Comroe ? Z DESCRIPTION S`A 0 AND SUBSCRI D before me this ALL THOSE TWO CERTAIN tracts 1 day of AUG ST, 2003 of land situate in the Township of Upper Mifflin County of Cumberland and State Pennsylvania, bounded /0 and described as follows, to wit: ? TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Road, near the Old LOSS E. N Mennonite Church; thence by lands now or late of Addison Barrick North cWtile Llore Cv"ba-wW Cox C4,,,, 06 ^Sg LWch 5 38 degrees 30 minutes East a dis- , tance of 180 feet to a stone; thence still by said lands now or formerly of Addison Barrick North 57 degrees West a distance of 99 feet to a stone at corner of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whis- key Run Road: thence by degrees key Run Road south 57 deg East a distance of 99 feet to a Iime- stone at the place of beginning. Tract THE above described e feet. No. i contains 17,820 s9t TRACT NO. 2: Whis BEGINNING at a stone in key Run Road at corner of Tract No. 1 above described; thence along Run Road North 59 said Whiskey skey degrees 15 minutes West a distance of 42.3 perches to a stone: thence by lands now or late Israel Sollen- berger North 43 degrees 15 min- utes East a distance of 180.6 feet to a stone at corner of lands now or late of Addison Barrick: thence by said lands now or late of A1ddis n- Barriek South 59 degrees perches utes East a distance of 41.8 to a stone at corner of Tract No. 1 hereinabove described, thence described said Tract No. r30 nutes West south 38 degrees erches or 179.85 a distance of 10.9 p feet, more or less, to a stone at the place of beginning, THE above described Tract N • 2 contains 2 acres and 136 perches, more or less. THE above described in a total 1 and 2 collectively contain of 3.259 acres, more or lessad well- have thereon erected frame a fra barn. . ing house and 003. Tax Parcel #44-06-0037 'A 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #46 REAL ESTATE SALE No. 46 Writ No. 2002-492 CIvII Term Allfirst Bank vs Dabble R. Marino and Atty.: David: B. Comros DESCRIPTION ALL THOSE TWO CERTAIN tracts of land situate in the TownsM.p of Upper Mifflin County of Cumberland and State of Pennsylvania, bounded and describes as follows, to wit: TRACT NO. 1: BEGINNING at a limestone in the Whiskey Run Roaa, near the Old Mennonite Church; thence by lands now or late of Addison Barrick North 38 degrees 30 minutes East a distance of 180 feet to a stone; thence still by said lands now or formerly of Addison Barrick North 57 degrees West a distance of 99 feet to a stone at corner of Tract No. 2 hereinafter described; thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said Whiskey Run Road; thence by said Whiskey Run Road South 57 The Patriot News Co., circulation, hereby acknowledge been duly paid. degrees East a distance of 99 feet to a limestone at the place of BEGINNING. THE ABOVE described Tract No. 1 contains 17,820 square feet. TRACT NO. 2: BEGINNING AT A STONE IN Whiskey Run Road at corner of Tract No. labove described; thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance of 42.3 perches to a stone; thence by lands now or late Israel Sollenberger North 43 degrees 15 minutes East a distance of 180.6feet to a stone at comer of lands new or late of Addison Barrick; thence by said lands now or late of Addison Barrick South 59 degrees 15 minutes East a distanceof 41.8 perc`nes to a stone at comer of Tract No. 1 herein•above described; thence by said Tract No. I hereinafter described South 38 ................. . ...x......... Yls ................... Sworn to d ubscribed before me is 13th da of A t 2003 A.D. Notarial Seal /Z Terry L. Russell, Notary Public Gay of Harrisburg, Daupt*n County N 0TA RY PUBLIC My mission ?cpires June 6.2006 My commission expires June 6, 2006 Member, Pennsylvania Association Ot Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Total Notary Fee(s) $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have degrees 31 minutes West a distance of 10.9 By .................................................................... perches or 179.85 feet, more or less, to a stone at the place of BEGINNING. THE ABOVE described Tract No. 2 contains 2 acres and 136 perches, more or less. THE ABOVE described Tract Nos. 1 and 2 collectively contain a total of 3.259 acres, more or less, and have thereon erected a frame dwelling house and frame bam. TAX PARCEL NO.: 44-06-0037-003.