HomeMy WebLinkAbout12-3523STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, EsQuiRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
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JENKINTOWN, PENNSYLVANIA 19046:; }--
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TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF) "L3
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA `''
FOR CUMBERLAND COUNTY
U.S. Bank National Association, as Trustee for
Ownit Mortgage Loan Trust, Mortgage Loan
Asset-Backed Certificates, Series 2006-5, by its
attorney in Fact Ocwen Loan Servicing LLC.
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Douglas E. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Dawn L. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Defendant(s)
Civil Action Number: /a _
456-3 C' iv i l-&M
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must
take action within twenty (20) days after this Civil Action and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other
claim or relief requested by the plaintiff. You may lose money or property of other rights important to you.
YOU SHOULD TAKE THIS PAPER TO A 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. THIS OFFICE CAN PROVIDE YOU WITH O
INFORMATION ABOUT HIRING A LAWYER. $10 3.,75pD.AT?y
0It (09
e.2 76/91,0
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUfRF (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
U.S. Bank National Association, as Trustee for
Ownit Mortgage Loan Trust, Mortgage Loan
Asset-Backed Certificates, Series 2006-5, by its
attorney in Fact Ocwen Loan Servicing LLC.
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Douglas E. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Dawn L. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Defendant(s)
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
NOTICE
You have been sued in court. If you wish to
defend against the claims set forth in the
following pages, you must take action within
twenty (20) days after this complaint and notice
are served, by entering a written appearance
personally or by attorney and filing in writing
with the court your defenses or objections to the
claims set forth against you. You are warned that
if you fail to do so the case may proceed without
you and a iuds4ment may be entered against you
AVISO
Le han demandado a usted en la corte. Si
usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace
falta asentar una comparencia escrita o en
persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se
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 A
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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin
previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y
requiere que usted cumpla con todas las
provisioner de esta demanda. Usted puede
perder dinero o sus propiedades a otros
derechos importantes para usted.
Lleva esta demanda a un abogado
inmediatamente. Si no tiene abogado o si
no tiene el dinero suficiente de pagar tal
servicio, vaya en persona o flame por
telefono a la oficina cuya direccion se
encuentra escrita abajo para averiguar
donde se puede conseguir asistencia legal.
Lawyer Referral and Information Service
(Asociacion de Licenciados
Servicio de Referencia e Informacion Legal)
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty
(30) days of receipt of this letter, this firm will obtain and provide you with written verification
thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days
of receipt of this letter, this firm will send you the name and address of the original creditor if different
from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE
IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND
MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT
AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS
PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY.
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 4 10
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
U.S. Bank National Association, as Trustee for
Ownit Mortgage Loan Trust, Mortgage Loan
Asset-Backed Certificates, Series 2006-5, by its
attorney in Fact Ocwen Loan Servicing LLC.
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
V.
Douglas E. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Dawn L. Waltz
318 OLD STONEHOUSE RD S
BOILING SPRINGS, PA 17007-9668
Defendant(s)
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT
CIVIL ACTION - MORTGAGE FORECLOSURE
1. Plaintiff is U.S. Bank National Association, as Trustee for Ownit Mortgage Loan Trust,
Mortgage Loan Asset-Backed Certificates, Series 2006-5, by its attorney in Fact Ocwen Loan
Servicing LLC. (hereinafter referred to as "U.S. Bank National Association, by its attorney in
Fact Ocwen Loan Servicing LLC.")with offices located at 1661 Worthington Road, Suite 100 ,
West Palm Beach, FL 33409.
2. Defendant(s) are Douglas E. Waltz and Dawn L. Waltz, adult individuals with a last-known
address of 318 OLD STONEHOUSE RD S, BOILING SPRINGS, PA 17007-9668.
3. Under date of 02/23/2006, defendants executed and delivered to MERS. Inc. as nominee for
Ownit Mortgage Solution Inc. a mortgage upon the property 318 OLD STONEHOUSE RD,
BOILING SPRINGS, PA (the "Property")to secure the payment of the sum of $147,200.00 .
The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland
County on 03/01/2006 at Bk#1941, Pg#4320 and is incorporated herein by reference as though
set forth at length herein. A copy of the mortgage and legal description of the Property is
attached hereto and made a part hereof as Exhibit "A".
4. An assignment transferring the mortgage originally with MERS. Inc. as nominee for Ownit
Mortgage Solution Inc. (Originating Lender) to U.S. Bank National Association, as Trustee for
Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-5, was
prepared and is in the process of being recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania.
5. Said Defendant(s) are the real owners of Property 318 OLD STONEHOUSE RD, BOILING
SPRINGS, PA 17007.
6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as
may be applicable), was sent to the defendants and no response was made in the appropriate
period of time. A true and correct copy of the aforesaid notice is attached hereto and made a
part hereof as Exhibit "B".
7. The said loan is in default as a result of the failure to pay the monthly installments of $1,380.95
due on January 1, 2012 and on the same day of each month thereafter.
8. The following is due on the loan:
PRINCIPAL BALANCE ....................................................... $146,442.87
INTEREST accrued thru 05/02/2012 of ............................... $4,979.88
Interest after 05/02/2012 shall accrue at the per diem
rate of $32.87.)
LATE CHARGES accrued thru 05/02/2012 of ..................... $229.68
Late charges after 05/02/2012 shall accrue at the monthly
rate of $57.42.)
ESCROW ADVANCES ........................................................$1,308.46
FEES BILLED ....................................................................... $3,797.26
ATTORNEY'S FEE ..............................................................$7,000.00
LESS SUSPENSE (If any) .................................................... ($979.26)
TOTAL .................................................................................. $162,778.89
Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and
may be requested as part of any judgment requested and collected in the event of a third party purchaser at
Sheriff s Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on
work actually performed.
WHEREFORE, Plaintiff, U.S. Bank National Association, by its attorney in Fact Ocwen Loan
Servicing LLC. requests this Court to enter judgment for foreclosure of the mortgaged property for the sum
of $146,442.87 plus interest thereon of $4,979.88 plus $32.87 per day from 05/02/2012 until judgment is
paid in full, late charges of $229.68, plus late charges of $57.42 per month from 05/02/2012 until judgment
is paid in full,escrow advances of $1,308.46,fees billed of $3,797.26,attorney's fees of $7,000.00and all
other amounts set forth above, less any suspense as set forth above, together with record costs and any other
amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover.
STERN & EISENBERG, PC
61?,Qd
BY:
? ST V N K. EIS BERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
[4 JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
Date: May 2, 2012
VERIFICATION
I, the undersigned, an authorized representative on behalf of, U.S. Bank National Association, as Trustee for Ownit
Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-5, by its attorney in Fact
Ocwen Loan Servicing LLC. ("Plaintiff'), am authorized to make this verification on behalf of Plaintiff and hereby certify
that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except
where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly
created, kept and maintained in the course of Plaintiff s mortgage servicing business conducted on Plaintiff s behalf.
In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a
public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or
which I know to be false.
Date: OC-
Na a Me1i q, a Ct Management
Title:_ ---?WrdinatOf
U.S. ank National Association, as Trustee for Ownit Mortgage
Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-
5, by its attorney in Fact Ocwen Loan Servicing LLC.
? ( ;7 0
This Instrument Prepared By:
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After Recording Return To:
OWNIT MORTGAGE SOLUTIONS, INC.
27349 AGOURA ROAD SUITE 100
AGOURA HILLS, CALIFORNIA 91301
Loan Number: 500001201
Uniform Parcel Identifier Number: 2 2- 2 8- 24 01- 0 2 2
Property Address: 318 OLD STONEHOUSE ROAD
BOILING SPRINGS, PENNSYLVANIA 17007
MORTGAGE
MIN: 100224640000048810
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 2 3, 2 0 0 6 , together
with all Riders to this document.
(B) "Borrower" Is DOUGLAS E WALTZ AND DAWN L WALTZ
Borrower is the mortgagor under this Security Inshument.
(C) "MFRS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that Is acting
solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mertpee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (886) 679-MFRS.
(D) "Lender" is OWNIT MORTGAGE SOLUTIONS, INC.
Lender is a CALIFORNIA CORPORATION
organized
PENNSYLVANIA-Single Family nocUmplaEUMMoe ¢iXz
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS www daarrarr+
Fan 3039 01101 Page 1 of 16
BK1941PG4320
P%3M1.mm.1.*m
(Space Above This Line For Recording Data)
and existing under the laws of CALIFORNIA
Lender's address Is 27349 AGOURA ROAD, SUITE 100, AGOURA HILLS,
CALIFORNIA 91301
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 23, 2006
The Note states that Borrower owes Lender ONE HUNDRED FORTY--SEVEN THOUSAND TWO
HUNDRED AND 00/100 Dollars (U.S. S 14 7 , 2 0 0. 0 0 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
MARCH 1, 2036
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security instrument, plus interest.
(M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower ]check box as applicable]:
® Adjustable Rate Rider [I Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? Other(s) (specify]
? 1-4 Family Rider ? Biweekly Payment Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues. fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a fluancial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers. automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described In Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds pad under the coverages described In Section 5) for: (i) damage to, or
destruction of, the Property; (H) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (lv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Imurance" means insurance protecting Leader against the nonpayment of, or default on, the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for 0) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that goveras the same subject matter. As used In this Security Instrument,
PENNSYLVANIA-Shure Family DO&AWbeftnt s W0449.1362
Faruie Mae/Freddie Mae UNIFE RM INSTRUMENT - MERS www.dacmrgic.c=,
Forth 3039 01/01 Page 2 of 16
81{1941PG432I
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage Ion"
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(() "Successor in Interest of Borrower means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this propose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successor's and assigns of MERS the following
described property located in the
COUNTY of CUMBERLAND
[type of Recwding Jurb&ctlonl [Name of Rs JW1S&dJoMJ
SEE LE AL D IPTICAi ATIHED HEREM AMID MAM A PART MOOF AS EXHIBIT "A".
A.P.N.: 22-28-2401-022
which currently has the address of 318 OLD STONEHOUSE ROAD
[Sire]
BOILING SPRINGS Pennsylvania 17007 ("Property Address"):
[sar] [zip Code[
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenancm and flxhrres 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower In this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of time interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, relying and canceling
this Security Instrument.
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.
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.
PENNSYLVANIA-Sims Family DocAla epbu m saaado-IM2
Fannie Mas/Freddis Mac UNI RM INSTRUMENT -MFRS www.nbanegia.com
Form 3039 01/01 Page 3 of 16
SK 1941 PG4322
PaMM.nad3.lem
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prindpal, Interest. F.mm Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shalt be made in U.S. currency. However. if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certi$ed check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insuflident to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled den date, then Lender need not pay interest on unapplied fins. Lender may hold such unapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order In which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Insbevenent, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in fall. To the extent that
any excess exists after the payment Is applied to the fill payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note.
Airy application of payments, insurance proceeds. or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Fangs") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property. If any, (c) premiums. for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower
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to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called "Escrow Items." At origination or at any time during the term of die Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and suck dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to he paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligatioa to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained In this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amonnt due far an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds In as amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the account 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 an institution whose deposits are so insured) or In any Federal Nome Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall 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. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA.
If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but in no more than
12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attrlbntable to
the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
PENNSYLVANIA--51 le Family D, Alk 9114-9WE WWO OW445LI36Z
Fanrde Mae/Freddte Mac UNIFORM INSTRUMENT - MERS wwrrda~.Conn
Form 3039 01/01 Page 5 of 16
BK1741P64324
P*M395_mffi.5.us
Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower:
(a) agrees in writing to the payment of the obligates segued by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement: (b) contests the lien in good faith by or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded: 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 alien which can attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender In connection with this Loan.
5. Property Insurance. Borrower shall 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, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, certification and trading services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed
by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Leader shall have the right to hold the policies and renewal certificates. If Leader requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
DoMho eeft
PENNSYLVANIA-SNgleFaiH m Q 8 o44win2
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Form 3039 01101 page 6 of 16
BK1941PG4325
Pa OM.mv Atem
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work Is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
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 than due, with the excess, if any, paid
to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 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.
7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not, economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair
or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or Inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
PENNSYLVANIA--SIVle Family DoCNkykdP%VMW ano-649-7362
Fannie Mae/Fre&m Mac UNIFORM INSTRUMENT - MERS www.dbmmgfc.com
Form 3039 01/01 Page 7 of 16
914194 1 FG4326
NSM7.m .7.,em
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower falls to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property,
and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court: and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized wider this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Leader to Borrower requesting payment.
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.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, 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 selected by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be In effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lien of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan Is ultimately paid In fall, and Lender shall not be required to pay Borrower any
interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again
becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for
Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall lay
the premiums required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until
Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and
Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided In the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
PENNSYLVANIA--Single Fam OodAsmpk wa"arasz
Fannie Medfreddle Mac UNI M INSTRUMENT - MOM www.doenwgk.com
Forth 3039 01 101 Page a of 16
BK 194 1 H432l
P"8398.u=.8.km
Mortgage insurers evaluate their total risk on all such insm2nce In force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these ag"nents. These
agreements may require the mortgage insurer to mate payments using any source of funds that the mortgage insurer
may have available (which may include funds obtalaed from Mortgage Insurance premiums).
As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might
be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying
the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share
of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement Is often termed
"captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for MorWV
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreementt will not affect the rigbts Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 19M or any other law. These rights may include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Ina muwe terminated automatically, andlor to receive a refund of any Mortgage Immnmm prenrhrms
that were unearned at the time of such cssaodletion or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Leader.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has bad an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
be applied in the order provided for In Section 2.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount
of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced
by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking. destruction. or loss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
Fannie Mee/Freddie Mac UNIMRM INSTRUMENT - MERS
Form 3039 01/01 Page 9 of 16
RK 1941 PG4328
E71MMONS 000499•11-W
www doarmWfr-cwn
P?3p399.m?.9.km
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree In writing, the Miscellaneous Proceeds shall be applied to the suffi 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 Opposing Party (as
defined in the next sentence) offers to make an award to 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 Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action In regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, Is begun that, In Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall he paid to Lender.
Ali Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; 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 Borrower or any
Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modffy amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
payments from third persons, entitles or Successors In Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-dg mere; Successors mad Assigns Bomd. Borrower covenants and agrees
that Borrower's obligations and liability shall bejoint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer'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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and Is approved by Leader, shall obtain all of Borrower's rights
and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability
under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's
default, for the purpose of protecting lender's interest in the Property and rights under this Security Instrument,
PENNSYLVAFIIA-5h le F Yy D0CA00G 4WkN = W0449-IM2
Fannie Mae/FreddN 117fac UNARM INSTRUMENT - MERS wwwdoernsg cram
Form 3039 01/01 Page 10 of 15
0K1941PG4329
WAM10.XM GAM
including, but not limited to, attorneys' fees. Property Inspection and valuation fees. In regard to any other fees, the
absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan 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 Ilmits,
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 malting a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of
any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15. Notices. All notices given by Borrower or bender In connection with this Security Instrument most be in
writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address
through that specifled procedure. There may be only one designated notice address under this Security Instrument
at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's
address stated herein unless Lender has designated another address by notice to Borrower. Any notice In connection
with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Security Instrument Is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severaldlity; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction In which the Property is located. All rights and obligations contained in
this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might
explicitly or Implicitly allow the parties to We by contract or it might be silent, but such silence shall not be
construed as a prohibition against agreement by contract. 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.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and Include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Proparty or a Beneficial Interest in Borrower. As used In this Section 18, "Interest In
the Property" means any legal or beneficial Interest In the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial Interest In Borrower Is sold or transferred) without Lender's prior written consent,
PENNSYLVANIA-Single FamYy 8OO'649'136Z
Fannie mea/Freddte Mac UNIPaRM INSTRUMENT - MERS 16 www.dxmmgk.com
Form 3039 01 /01 Page 11 of
OK 1941 KOH
FaX3911.ma ll.tea
Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice Is given in accordance with Section IS within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
18. Borrower's Right to Rebutate After Acceleration. If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
judgment enforcing this Security Instrument. Those conditions 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) ctu 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, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms.
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply to the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Seuvicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might 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 which will
state the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as elther an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
notice to take corrective action. If Applicable Law provides a time period which most elapse before certain action
can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration giver
PENNSYIVANIASlrg?e Fifl1yy
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to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions
of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants. or wastes 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: (h) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection;
(c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined in
Environmental Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal. storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. 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 (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance
or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, 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. Nothing heroin shall create any
obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceiaatlen; 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
section ig unless Applicable Law provides otherwise). Lender " notify Borrower of, among other ddmgs:
(a) the default; (b) the action required to cure the default: (c) when the default nmA be cured; and (d) that
failure to cure the default as specified may result in acceleration of the scams secured by this Security
Instrument, foreclosure by judidal 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 foroclosrre. If the default Is not cared as
specified, Lender at its option may require immediate payment In fall of all stuns secured by this Security
instrument without further demand and may foreclose this Security InstrvmoW by judicW proceeding. Lender
shall be entitled to collect all ewes incurred in purvaing the remedies provided in this Seddon 22, including,
but not limited to, attomeys' fees and costs of title evidence to the extent permitted by Appiiahbk Law.
23. 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
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Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee Is paid to a third party for services rendered and the charging of the fee Is
permitted under Applicable Law.
24. 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.
25. Reinstatement Period. Borrower's time to reinstate provided In Section 19 shall extend to one hour prior
to the commencement of bring at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is tent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and In any hider executed by Borrower and recorded with It.
<-
(Seal) Z?t DOUGLAS EIWALTZ
Borrower
- (Seal)
-Borrower
- (Seat)
-Borrower
Witness:
L2/4141- 43(?(JQZX? (sea)
DAWN L WALTZ -Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
Witness:
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF (-'Y'"6t a?? )
On this the 23 day of ?vp.hy before me, `G ry s+m r
? ( t
the undersigned officer, personally appeared DOUGLAS E WALTZ, DAWN L WALTZ
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged that be/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seals.
Signature
Tide of Officer
(Notary's Stamp and Embosser)
My commission expires:
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CerdAcate of Residence of Moctg:aM
The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duty authorized attorney or agent of
the Mortgagee named in the within instrument: and (if) Mortgagee's precise residence is:
815 EAST GATE DRIVE, SUITE 102, MOUNT LAUREL, NEW JERSEY 08054
Witness my hand this ? 3 day of R 14- `r y / "aZC?o cv
Signature of Mortgagee or 's Duty An Attorney or Agent
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MIN: 100224640000048810 Loan Number: 500001201
` ADJUSTABLE RATE RIDER
(LIBOR Six-Month Index (As Pubkhed In The Wag Street Joama4
- Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 23rd day of FEBRUARY, 2 0 0 6
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Adjustable Rate Note (the "Note") to OWNIT MORTGAGE SOLUTIONS, INC. ,
A CALIFORNIA CORPORATION
("Lender") of the same date and covering the property described in the Security Instrument and located at:
318 OLD STONEHOUSE ROAD, BOILING SPRINGS, PENNSYLVANIA
700
Wrop q A7dc m]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANYONE TIME AND
THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Security
Instmment, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an Initial interest rate of 8. 125 %. The Note provides for changes
in the interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The Interest rate I will pay may change on the 1st day of MARCH, 2 0 0 8
and on that day every 6th month thereafter. Each date on which my interest rate could change is called
a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the
average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market
("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first
business day of the month immediately preceding the month in which the Change Date occurs is called the
"Current Index."
If the Index Is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
)JUSTABLE
IN THE WA
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(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
SEVEN AND 125/1000 percentage points ( 7 . 12 5 %) to the Current
Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one
percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be
my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new Interest rate in substantially equal payments. The result of this calculation will be the new amount of
my monthly payment.
(D) Limits on Interest Rate Changes
The Interest rate I am required to pay at the first Change Date will not be greater than
11.125 % or less than 8.125 %. Thereafter, my interest rate will never be increased
or decreased on any single Change Date by more than ONE AND 0 0 0 / 10 0 0
percentage points ( 1 . 0 0 0 %) from the rate of interest
I have been paying for the preceding ti months. My interest rate will never be greater than
14 . 125 %. My interest rate will never be less than 8.125 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes In my Interest rate and the amount
of my monthly payment before the effective date of any change. The notice will include Information required
by law to be given to me and also the title and telephone number of a person who will answer any question
I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Uniform Covenant 18 of the Security Instrument is amended to read as follows:
Transfer of the Property or a Benefidal Interest in Borrower. As used in this Section
18, "Interest In the Property" means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed.
installment sales contract or escrow agreement, the intent of which is the transfer of tide by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property Is sold or transferred (or
If Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment In full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee; and (b)
Lender reasonably determines that Lender's security will not be Impaired by the loan
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assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
' To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender also may require the transferee
to sign an assumption agreement that is acceptable to Lender and that obligates the transferee
to keep all the promises and agreements made in the Note and In this Security Instrument.
Borrower will continue to be obligated wider the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require Immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice Is given in accordance with Section 15 within which Borrower must
pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Adjustable Rate Rider.
(Seal)
DOUGLAS WALTZ grower
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-Borrower
- (Seal)
-Borrower
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-Borrower
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LEGAL DESCRIPTION
File No. SS/7350
4
Mortgagee Own It Mortgage Solutions
Mortgagor Douglas E. Waltz and Dawn L. Waltz
All that certain parcel of land and Improvements thereon situate in Monroe Township, Cumberland
County, Pennsylvania and designated as Parcel No. 22-28-2401-022 and more fully described In a
Deed dated 0910411997 and recorded in Cumberland County De"Record Book Volume 164, page
419.
J s
Bk 194 1 PG4339
Ocwen Loan Servicing, LLC
iog
C N
November 11, 2011
P.O. Box 24737
o w E West Palm Beach, Florida 33 41 6-4 73 7
(Do not send correspondence orpayments to the above address) WWW.OCWEN.COM
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515146409679
Reference Code: 1107
Dawn Waltz
318 Old Stonehouse Rd S
Boiling Springs, PA 17007
Loan Number: 7092890271
Property Address: 318 Old Stonehouse Rd S , Boiling Springs, PA 17007-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT91.21
This communication is froln a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
04 Ocwen Loan Servicing, LLC
November 11, 2011
P.O. Box 24737
- West Palm Beach, Florida 33416-4737
O O W E N
(Do not send correspondence or payments to the above address)
APPENDIX A
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
WWW.OCWEN.COM
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your home
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Dawn Waltz
318 Old Stonehouse Rd S
Boiling Springs, PA 17007-0000
7092890271
OCWEN
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing LLC
P. 0. Box 24737
West Patin Beach, Florida 33416-4737
D C W E N
(Do not send correspondence or payments to the above address.) W`TtlW.OCWEN.C 0N1 1
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on.
your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE_
CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-
to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage 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 NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST
YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE
DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
a Ocwen Loan Servicing, LLC
P.O. Box 24737
West Palm Beach, Florida 33416-4737
o c w E N
(Do not send correspondence or payments to the above address) WWW.OCWEN.C0.Iv1
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 318
Old Stonehouse Rd S , Boiling Springs, PA 17007-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
5 payments in the amount of $ 1,380.95 from July 01,2011 through November 11. 2011
DETAIL SUMMARY :
Principal and Interest .................................
Interest Arrearage .....................................
Escrow ..................................................
Late Charges ...........................................
Insufficient Funds Charges ...........................
Fees / Expenses ........................................
Suspense Balance (CREDIT) ........................
Interest Reserve Balance (CREDIT) ................
TOTAL DUE ..........................................
$ 5,742.10
$ 0.00
$ 1,162.65
$ 344.52
$ 0.00
$ 3,465.76
$ 0.00
$ 0.00
$ 10,715.03
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,715.03, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by Money Gram. Cashier's Check. Certified Check or Money Order made
payable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY
(30) DAY period. you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then.
past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any
other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
a. Ocwen Loan Servicing, LLC
P, 0. Box 24737
-......... --- West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence or payments to the above address) WWW.OCIt`EN. ,)M
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to 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 servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 877-596-8580
Fax Number: 407-737-5693
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid 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 DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P.O. Box 24737
- --- West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence or payments to the above address.) WWW.OCWEN.CO..M
November 11, 2011
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515146409662
Reference Code: 1107
Douglas Waltz
318 Old Stonehouse Rd S
Boiling Springs, PA 17007-0000
Loan Number: 7092890271
Property Address: 318 Old Stonehouse Rd S , Boiling Springs, PA 17007-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
November 11, 2011
P.O. Box 24737
-' West Palm Beach, Florida 33416-4737
ocwer+
(Do not send correspondence or payments to the above address)
APPENDIX A
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Z1'WW.OCWEN.CO:M
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Douglas Waltz
318 Old Stonehouse Rd S
Boiling Springs, PA 17007-0000
7092890271
OCWEN
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
P. 0. Box 24737
West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence or payments to the above address.) u'WW.0CWEN.C0.%4
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE
CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-
to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage 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 NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST
YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE
DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date)
DACT91.21
This communication is fi-oin a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
. . . . . . . . . . ... ....... 8
Ociven Loan Servicing, LLC
P.O. Box 24737
........ ._. West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence orpayments to the above address) WWW.OCWEN.CO:M
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 318
Old Stonehouse Rd S , Boiling Springs, PA 17007-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
5 payments in the amount of $ 1,380.95 from July 01, 2011 through November 11, 2011
DETAIL SUMMARY :
Principal and Interest .................................
Interest Arrearage .....................................
Escrow ..................................................
Late Charges ...........................................
Insufficient Funds Charges ...........................
Fees / Expenses ........................................
Suspense Balance (CREDIT) ........................
Interest Reserve Balance (CREDIT) ................
TOTAL DUE ..........................................
$ 5,742.10
$ 0.00
$ 1,162.65
$ 344.52
$ 0.00
$ 3,465.76
$ 0.00
$ 0.00
$ 10,715.03
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,715.03, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either _bv_Monm Gram, Cashier's Check. Certified Check or Money Order made
ayable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY
(30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by DaAm! the total amount then
past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriffs Sale as specified in writing bv_the_lender and by Derformine any
other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
Ocwen Loan Servicing, LLC
I P.O. Box 24737
--............. West Palm Beach, Florida 33416-4737
O C W E N
(Do not send correspondence orpayments to the above address-) WWW.OCWEN.COM
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to 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 servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 334164737
Phone Number: 877-596-8580
Fax Number: 407-737-5693
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid 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 DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
DACT91.21
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
NMLS # 1852
un. 4. ?0'? Cpl
U.S. Bank National Association, et. al.
Plaintiff(s)
vs.
FORM 1
IN THE COURT OF COMMON PLEAS OF (J}
CUMBERLAND COUNTY, PENNSYLVANIA
C_'
Douglas and Dawn Waltz
Defendant(s) ?L 35a 3 Civil --F r y"
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)24'-19400 extension 2510 or (200) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf, if
you and your legal representative complete a financial worksheet In the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for yoU to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
June 1, 2012
Date
Respectfully submitted:
a,.L _- (:.)J
Sig at re of Counsel for Plaintiff
.un, t, 2'' i ' 2:')-
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER RECLUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
cusroMERIPRIMARY •
Borrower name (s):
Property Address:
City; State: Zip:
Is the property for sale? Yes El No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ? No ?
Mailing Address (if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other;
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: S Included Taxes and Insurance:
Date of Last Payment: _
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney:
gun. L. 22 '
Assets Amount Owed:
Home: $
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: S
Savings: $
Other: $
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Other transoortation (automobiles, boats, motorcycles)
Year: Amount owed:
Year
Value:
Year:
Value:
: Model:
Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days
Monthly Gross
Monthly Gross
Monthly Gross
Monthly Amount:
Monthly Amount:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paving)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. S endin Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No[-]
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Monthly Net
Monthly Net
Monthly Net
Fax:
Value:
s
S
Un.
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application;
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your tender or lender's loan
servicing company;
Lender's Contact (Name):
Servicing Company (Name),
Contact:
Phone:
Phone:
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
11' L: 5"
FORM 3
U.S. Bank National Association, et. al.
Plaintiff(s)
vs,
Douglas and Darn Waltz
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
Cvil
Pursuant to the Administrative Order dated . 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1_ Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S_ §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
Date
D ate
Date
?Un. Z
C L? I
FORM 4
U.S. Bank national Association, et. al,
Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Douglas and Dawn Waltz
Defendant(s)
Civil
CASE MANAGEMENT ORDER
AND NOW, this day of
,20 , the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower, Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrowers failure to serve the completed Form z with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
I;In
L L L J
r L D . ?J
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings-
5_ All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY _
Ronny R Anderson wp
Sheriff= r?
pS?' of 4lultb?'r/ (-q-yU7, E` t e
Jody S Smiths ''
Chief Deputy -
< co
Richard W Stewart
Solicitor OFFICE OFT?,E ?' ERIFF -(7"
-? _.
CZ US Bank National Association
vs. Case Number
Douglas E. Waltz (et al.) 2012-3523
SHERIFF'S RETURN OF SERVICE
06/11/2012 04:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
11, 2012 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit:
Douglas E. Waltz, by making known unto himself personally, at 318 Old Stone House Road South, Boiling
Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him
personally the said true and correct copy of the same.
TSHAL UTY
06/11/2012 04:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
11, 2012 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Dawn
L. Waltz, by making known unto Douglas Waltz, Husband of Defendant at 318 Old Stone House Road
South, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time
handing to him personally the said true and correct copy of the sa!4TZSSH*At[, EPU TY
SHERIFF COST: $50.00
June 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(C) GountySuite Sheriff ieieosoft Inc.
U.S. BANK NATIONAL IN THE COURT OF COMMON PLEAS OF
ASSOCIATION, et al., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION
vs.
DOUGLAS WALTZ and
DAWN WALTZ,
Defendants
NO. 12-3523 CIVIL
CASE MANAGEMENT ORDER
AND NOW, this 194 day of July, 2012, the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower has complied with the Administrative Rule
requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND
DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on ( JO/R , at oX 3m. in Chambers
No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendantiborrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
t/Joseph E. Rejent, Esquire
For the Plaintiff
Stephen L. Grose, Esquire
For the Defendants
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BY THE COURT,
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In Forma Pauperis
U.S. Bank, National Association, et al : IN THE COURT OF COMMON PLEAS OF
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-3523 CIVIL TERM
Douglas and Dawn Waltz, RESIDENTIAL MORTGAGE FORECLOSURE
Defendants DIVERSION PROGRAM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Douglas and Dawn Waltz, Defendants, to proceed in forma ap uperis.
I, Stephen L. Grose, attorney for the party proceeding in forma ap uperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the I
Sfepherik. Grose,'Esquire
ID # 31006
Saidis, Sullivan & Rogers
635 North 12`n Street, Suite 400
Lemoyne, PA 17043
717-612-5802
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CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, hereby certify that I have served the foregoing
Praecipe this date by First Class U.S. Mail addressed as follows:
Joseph Rejent, Esquire
Stern &Eisenberg, P.C.
The Pavilion
261 Old York Road, Suite 410
Jenkintown, PA 19046
SAIDIS, SULLIVAN & ROGERS
Dated: 7 By: ?t
Stephen . Grose
U.S. BANK NATIONAL ASSN.,
as trustee for OWNIT MORTGAGE :
LOAN TRCUST, MORTGAGE
LOAN ASISET-BACKED
CERTIFI?,ATES SERIES 2006-5,
BY ITS A? TORNEY IN FACT
OCWEN LOAN SERVICING, LLC,:
VS.
DOUGLAS E. WALTZ and
DAWN L WALTZ,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 12-3523 CIVIL
ORDER
AID D NOW, this Y' day of September, 2012, on relation that the parties have
entered info a loan modification with a three-month trial period, the conciliation conference in
the above matter set for September 6, 2012, is continued generally.
BY THE COURT,
Kev' A. Hess, P. J. c? r-.3
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Joseph Rejent, Esquire Fi
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For the Pl4intiff ter.
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Stephen L. Grose, Esquire 33.-;
For the DOfendants s
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