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HomeMy WebLinkAbout12-3654STEVEN 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 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) i ?fl2 J?9a ! A?;I I( ?' r. t e,E L? dD COUNT", PENNS YLVA NIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Geraldine L. Estep 1859 SPRING RD CARLISLE, PA 17013-1152 Defendant(s) Civil Action Number: Q. 3b 5 l COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE ?(,uik 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 PROVIDQ YOU WITH INFORMATION ABOUT HIRING A LAWYER. ,????.lo? .?5?? alb aC? IL 337 s it PIG scs 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, ESQUIRE (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 WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Geraldine L. Estep 1859 SPRING RD CARLISLE, PA 17013-1152 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 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or 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 defiende, la corte tomara medidas y puede continuar la demanda en contra suva sin 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. previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u 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 tat 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 a 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 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsRAILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Geraldine L. Estep 1859 SPRING RD CARLISLE, PA 17013-1152 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC (hereinafter referred to as "WELLS FARGO BANK, N.A, 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 Geraldine L. Estep, adult individuals with a last-known address of 1859 SPRING RD, CARLISLE, PA 17013-1152. 3. Under date of 01/26/2005, defendants executed and delivered to Argent Mortgage Company, LLC a mortgage upon the property 1859 Spring Road, Carlisle, PA (the "Property") to secure the payment of the sum of $89,250.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 02/04/2005 at Bk#1896, Pg#2354 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 Argent Mortgage Company, LLC (Originating Lender) to WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Alfred L. Estep departed this life on 07/30/2002, as a result Geraldine L. Estep are the real owners of Property 1859 Spring Road, Carlisle, PA 17013. 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 $521.40 due on December 1, 2011 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .......................................................$87,022.53 INTEREST accrued thru 05/12/2012 of ...............................$1,490.83 Interest after 05/12/2012 shall accrue at the per diem rate of $7.77.) LATE CHARGES accrued thru 05/12/2012 of .....................$61.95 Late charges after 05/12/2012 shall accrue at the monthly rate of $20.65.) ESCROW ADVANCES ........................................................$324.41 FEES BILLED......... ATTORNEY'S FEE TOTAL .................... .......................... $613.00 .......................... $4,400.00 .......................... $93,912.72 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 Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, WELLS FARGO BANK, N.A, 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 $87,022.53 plus interest thereon of $1,490.83 plus $7.77 per day from 05/12/2012 until judgment is paid in full, late charges of $61.95, plus late charges of $20.65 per month from 05/12/2012 until judgment is paid in fWl,escrow advances of $324.41,fees billed of $613.00,attorney's fees of $4,400.00and 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 B S EVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE ? LEN M. GARZA, ESQUIRE Attorney for Plaintiff Date: May 12, 2012 VERIFICATION I, the undersigned, an authorized representative on behalf of, WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, 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: ? 3 v- Name: +yRr VIM- Title: - WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC RCR RT P.:_iM[R - .. .1. c; _r- CF- 2005 fEa 4 Pfd 3 01 PreparedBy:Argent Mortgage Company, LLC R(unTo: Donna Mordica Argent Mortgage Company. LLC 2550 Golf Road, East Tower, 10th P.O. Box 5047 Roiling Meadows. IL F1oor,Rolling Meadows. IL 60068 60008 Parcel Number. 29-17.1585.1346 Above 77do rJa Pet Aewdlmg Utu"I MORTGAGE DEFINITIONS Words used in multiple =Uons of this document ate defined below aed other %uds are defiant in Sections 3, It. 13, 18, 20 and ?1. Certain ndea regarding the usage of wads used in this document are also provided in Section 16. (A)'Seenrity bastrument" means this document, which is dated.Ianuary 26, 2005 togetber with all Riders to this document. (0) "Borrower" is ALFRED L ESTEP and GERALDINE L ESTEP Borrower is the mortgagor wader this Sommity Instmom. (C) "Lender"is Argent Mortgage Company. LLC Lenderisa Limited Liability Company 0071311393-9705 PENNSYLVANIA • Singto Family - Fanotie MselFreale M&O UNIFORM INSMUMegr Form 3038 itol 40 0.atPAt rooea 01/2612005 10:24:35 P.a. I .1 to wtlol Y1.1P MORMAGE FOWS -,"511-7191 OK 1896PG2354_ organized and existing under the laws of Del aware Lender'saddcessis One City Boulevard West Orange, CA 92868 Leader is the mortgagee under this Security Instrument. (D) "Note" mms the promissory note signed by Borrower and dated January 26, 2005 TheNotestatssthat 9orrowerowesLcadereighty•nine thousand two hundred fifty and 00/100 Dollars (U.S. $ 89.250.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1. 2035 (L) "Property" rneaas the property that is described below under the heading "Transfer of Rights in the Property." (F) "Iatus" means the debt evidenced by the Note, plus interest, any prepayntest charges and late charges due under the Now. and all slots due under this Security instrument. plus imenst. (fs) "Riders" mearts all Riders to this Security Instmrneat that ate executed by Borrower. The following Riders are to be exawted by Borrower [check box as applicable]: ? Adjustable Rate Ritter Condominium Rider Smond Horne Rider 0 Balloon Rider Planned Unit Developmeat Rider 14 Family Rider ? VA Rider Q Biweekly Payment Rider uKI Qtbef(s) (specify) (A) "Applicable Law" means aft controlling applicable federal. state and local statutes, regulations, ordinances and adminisuWve rules and orders (that have the effect of law) as well as all agplicabte final, non-appealable judicial opinions. (1) "Cornmtmkiy Association Dues, Few, and Assesameate means all dues, fns, asaesstnents and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) 'Weenronic Funds 'ltansfer" means any transfer of funds, other titan a transaction originated by check, drall, or similar palter instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, insinut, or authorize a financial iosdaution to debit or credit an account. Such term includes, ban is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. M "F.so-ow Items" means those items that are described in Section 3. (L) "Miscellaneous Pr'oceeds' means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of oonderdnation; or (iv) tnisrepresentatioas of or omissions as to, the vahm andlorcondkion of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan. (N) "Periodic PaytmeW means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. 0071.[ 9705 ?-atPA! mooet P"• ra to 0112612005 10:24:35 Fo- 3039 tut BK 1896PG235.5 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 5oction 2601 et seq.) and its i 4*meating regulation, Rcgalation X (24 C.F.R. Part 3500), as they might be a ncaded from time to time, or any additional or successor legislation or regulation that governs the acme subject matter. As used in this Sexudly Instrument, "RESPA" refers to all tegnlremeW and restrictions that are imposed in regard to a "federally related rnortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower' means my party that leas taken title to the Property, whethcr or not that party bas assumed Borrower's obligations ander the Note aodlor this Security iastruin nt. TRANSFER OF RIGHTS IN THE PROPEM This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and roodiflcations of the Note; and (ii) the Performance of Borrower's covenants and agreements tinder this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant ad oonvey to Lender the following described property located in the CountY (IM of P-dtaa Aur374ic6o"t ofCUMBERLAN0 (Numofttee WbSfnrisdkd*W: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: which currently has the address of 1859 SPR I NG ROAD asace" CARLISLE (aryl, Pcnasylvania 17013 lzipCedal ('Property Address"): TOGETHER Wf H all the improvements now or bereafter erecled on the property, and ;dI easements, appurtenances, and fulness now or hereafter a pan of tht pm . Perry All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security irstrurrtent as the "Properry " 0071311393-9705 40LWAtiawa) ra.ra,a 01/2612005 10:244:35 FO-3039 uet B{ I896PG2356 BORROWER COVENANTS that Borrower is lawfully seised of the edatc hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is ancoctunbered, except for encumbrances of record. Borrower warrants and will defend generally the title m the Property against all claims and demands, subject to any cwt mbraocce of retard. TIi1S SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitate a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and bender covenant and agree as follows: 1. Payment of Principal, bacrest. Escrow Items. Prepayment Charges, and Late Charges. Borrower shall pay when dire the principal of, and interest on, the debt evidenced by the Now and any Prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. amrrency. However, if any check or other Instrument received by Lender as payment under the Note or ibis Security Instrument is returned to Lender unpaid, Lender may require that Any or all subsequent payments due under the Note and this Security htsmuneat be mark is one or more of the following fours, as selected by Lender: (a) cash; (b) money order; (e) certified cheek, bank cheek, treasurer's check or cashier's check. provided any such check is drawn upon an iostiaution whose deposits are insured by a federal agency, lastrttrondality, or entity; or (d) Electronic Funds Transfer. Payments are donned received by Leader when received at the location designated in the Note or at such other locadoo as may be designated by Leader is accordance with the notice provisions in Section 15. Leader may mwrn any payment or partial payment if the payoxat or partial payments ate insufficicm 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 ptnjudice to its rights to refuse such payment or partial payments in the Nture, 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 due date, then leader need not pay interest on unapplied funds. Leader may hold such unapplied dulls unlit Borrowcr makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply such fords or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note imratmliately prior to foreclosure. No offset or claim whicb 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. Extxpt as otherwise described in this Section 2, all paynm* accepted and applied by Lender shall be applied is the following order of priority: (a) interest due under the Note; (b) principal due under the Now; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaitting amtaunts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If tender receives a payment from Borrower for a delinquent Periodic payment which includes a sufficient smoum to pay any late charge bee, 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 Borrow to the repayment of the Periodic Paytrteats if, and to the extent that, each payment can be 0071311343-4705 4D. 6IPAlwooar "a•a°"" 01126/2005 10:24 3 Fenn 3039 1*1 '7 1 OK 1898862357 paid in M. To the extent that any excess exists after the payment is applied to the full 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. Any application of payments. insurance proceeds. or Miscellaneous Proceeds to principal due under the Mote sbM not extend or postpone the due date, or change the amotmL of the Periodic Payments. 3. Rinds for Escrow Igor. Borrower shall pay to lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the 'Foods') to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Setanity Instrument as a lien or encumbrance ern 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 trwtranec premiums, if any, or any sums payable by Borrower to Linder in lieu of The payment of Mortgage Insurance premiums m accordance with the provisions of Samoa 10. These items are called "Escrow Items.' At origination or at any tithe during the terse of the loan. Leader may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and sash dues, fees and assessments shall be an Escrow Item. Borrower shall pmtmpty AwWsh to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lerida the Funds for Escrow Items omits Lender waives Borrower's obligation to pay ibe Funds for any or alt Escrow Items. Lender may wain Borrower's obligation to pay to Leader 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 sad where pays. the amounts due for any Escrow Items for which payment of Funds has been waived by Leader and, if Leader requires, shall furnish to Lender receipts evidencing such payment within such tirm period as Lender may rogaire. 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 phim'coven" sad 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 amount due for 29 Escrow Item, Lender may exercise its rights under Section 9 and pay such aamunt and Borrower stall then be obligated under Section 9 to repay to Lender any such amount. Leader may revolve the waiver as to any or all Escrow teems at any time by a notice given in accordance with Section 15 ad, upon such revocation, Borrower sbalt pay to Lender all Fonds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds is an amount (a) sufficient to permit Lender to apply the Funds at the tune specified under RESPA, and (b) tent to exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of currcm data and reasonable estimates of expenditures of future Escrow heat or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrunotwality, or entity (inchtding Lender, if [.ender is no institution whose deposits Are so insisted) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Iitins m later than the time specified under RESPA. Lender shall not rdtarge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Punds and Applicable Law permits leaner to snake such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Ponds. Lender shall not be required to pay Borrower airy interest or earnings on the Funds. Borrower and Leader can agree in writing, however, that interest 0071311393-9705 incise BtPAI mw5i Pw+sa ere 01125/2005 10:24:35 . F-" 3039 vat 8K 1896PG2358 - shall be paid on the Punds. Lender sbatl give to Borrower, without charge, an annual accounting of the Funds as required by RBSPA. if there is a surplus of Funds held in escrow, as defined under RWA, 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, trader shall testify 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 mo bly, payments. If there is a deficiency of finds held in escrow, as defiaW under RESPA, I ender 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 tote than 12 monthly payments. Upon payment in full of all sums second by this Security Instrument, Lender shall promptly refund to Borrower any funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, ebarges, fines. and impositions attributable to the Property which can attain priority over this Security httdrnmedt, leasehold payments or ground rests on the Property, if any, and Community Association Dues, Fea, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mum provided in Section 3. Borrower shall promptly discharge any It= which has priority over this Security fnstrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long is Borrower is performing swim agtnem n. (b) contests the lien in goal faith by, or defends against atibmemevt of the lien in, legal procealings which in Lender's opinion operate so prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings ant concluded; or (e) secures &am the bolder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines tbat any part of the Property is subject to a lien which can all= priority over this Security instntmeat, Lender may give Borrower a notice identifying the lien. Within 10 days of the dae 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 fllSn snee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by firs, 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 kvds) and for the periods that Lender requires. What Lender requires pursuant to the preceding settlemes can change during the term of the Loan. The irmirance carrier providing the insurancc shall be chosen by Borrower subject t0 Lender's right to disapprove Borrower's choice, which right shalt not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan, either: (a) a ono-time charge for flood zone determination. certification and tracking services: or (b) a orte-um charge for flood zone determination and certification services and subsequent charges each time remappiogs 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 Managerneat Agency in connection with the review of any flood none determination resulting from an objection by Borrower. 0071311393-9705 ?(PA) com ft" 6 of t6 01/2612005 10:24 : 35 F-303-4 1101 'tea f? V` But 1896PG2359 If Borrower fails to maintain any of the covenges described above, Leader may obtain fnsuraace coverage, at Lender's option and Borrower's expense. Lender is under no obligation 10 purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower`s equity is 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 atclmowtedges that the cost of the insurance coverage so obtained might significantly exceed the cost of iosurartce that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shalt become additional debt of Borrower secured by this Security Instrument. These amounts shall beat 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. All kwuuamm policies required by Leader and renewals of such policies shalt be subject to Leader's right to disatpprove Stich policies, shall include a standard mortgage clause, and shall name Larder as mortgagee aadlor 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 amdtor as an additional lost payee. In the even of bas, Borrower shall give prompt notice to the insurance carrier and Leader. Lender may snake proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, 3W be applied 19 restoration or repair of the property, if the restoration or repair is economically feasible and Leader's security is not lessened. During suck repair cad r=wruion period, Leader shall have tbo right to bold such insurance proceeds until Linder has had an opportunity to inspect such Property to ensure the wort has been completed to Leader's satiafaedon, provided that such inspection shall be undertaken promptly. Leader 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 as agrxrncat is nude in writing or Applicable Law requires interest to be paid oo such insurance proceeds. Leader shall not be required to pay Borrower say 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 shalt be the sole obligation of Borrower. If the restoration or tgmk is not econoWcally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument. whetter or nor then due, with the excess, if any, paid to Borrower. Such inammee proceeds shall be applied in the order provided for in section 2. If Borrower abandons the !property, Leader may file, negotiate ad settle any available insurance claim ad related matters. If Borrower does eat respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Leader 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 Sexton 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in as a¢nt+at not to exceed the amounts unpaid tinder the ,rote or this Security Lrmumeut, and (b) any other of Borrower's rights (other than the right to any reflmd 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. Leader may use the insurance proceeds either to repair or rcatore the Praperty or to pay amounts unpaid under the Now or this Security Instnarxnt. whether or not then due. 0071311393 -4705 w+.a ?p8(PA) 10009) r,p? 70l +a 01/26/2005 10--24:35 F--3039 1101 ,/) y_ T /,f4_ UR t 896PG2360 6, Oecopam:y. Borrower shall occupy, establish, and use the property as Batmwer's principal residence within 60 days after the execution of this Security Instrument and shall cootinue to occupy the Property as Borrower's principal msidence for at least one year after the date of occupancy, unless leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless cluesaahiag citeuatctances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspecdoas. Borrower shall not destroy, damage of Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing is the Property, Borrower shall maintain the property in order to prevent the Property from deteriorating or decreasing in value dye to its condition. Unless it is determined pursuant to Section S that repair or restoration is not Bally feasible, Borrower shall promptly repair the Property if damaged to avoid firtber deteriorolion or damage. If insurance or condemnation proceeds am 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. Lmdcr 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. Leader 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 oa the Property. Leader shall give Borrower notice at the time of or prior to such an interior inspection specifying such ctxsonable cause. S. Borrower's Loao Appllmkon. Baroowtr 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 rostra ially false, misleading, or inaccurate infomsation or statements to Leader (or failed to provide Lender with material information) in connection with the Loan. Material representations include, butt are not limited to, representations concerning Borrower's occupancy of the Property as Borravter's principal residence. 4. Protection of Lmder's Taterest is the Property and Rights Under " Security Instrument. If (a) Borrower fails to perform the covenants sad agreements contained in this Security hauument, (b) there is a legal proceeding that might significantly affect hander'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 eafotce 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 lostrtmuent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not limited to: (a) paying any tarots secured by a lien which has priority over this Security instrument; (b) appearing in court; and (c) paying re monabie attorneys' fees tq protect its interest is 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 anake 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 tuned on or off. Although Lender may take action under this Section 9, Leader does not have to do so and is ON under any duty or obligation to do so. It is agreed that Lender incurs oo liability for not taking any or all actions authorized under this Section 9- 0071311393 - 9705 "- 4ML a0`Aieroosi F"Pe e,s 41/26/2005 14:2,4:3 . 5 Fonn3039 1101 EK 1896PG236 I 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 ad shall be payable, with such interest, upon notice from Lender to Borrower requesting payment- if this Security Imtrrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless under agtecs to the merger in writing. 10. Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the Loao. Borrower shall pay the premiums required to maintain the Mortgage hWraWA in effect. Lf, for say reason, the Mortgage Insurance coverage required by Lender eeasea to be available from the mortgage insuer that previously provided such insurance and )iotmwer was required to take steely dcsigu*W payments toward the premiums for Mortgage Insurance, Borrower shall pay the premums requited to obtain coverage substantially equivalent to the Mortgage Insurance previously in of ed. at a cost substantiaily equivalent to the cost io Borrower of the Mortgage lasurame previously in effect, from an alternate mortgage insurer selected by Lender. if sully equivalent Mortgage losurance coverage is not available, Borrower shalt continue to pay to Leader the anroaat of the separately designated payments that were due when the imr nce coverage ceased to be in effect. Lender will accept, use and retain these payments as a nos-nefltodable loss m=vc in lieu of Mortgage Insurance. Such loss reserve shall be nonref rsdable. notwithstanding the fact that the Loan is ultimately paid in full, and I ender shall not be reghdmd to pay Borrower any interest oc earnings on such lass reserve. Lender can no longer require loss reserve payments if Mortgage Iasursace coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Leader requires separably designated paymeWs toward the premium for Moripp Insurance. If Lender requited Mortgage Insurance as a condition of makmg the Wan and Borrower was requited to malm separzely designated payments toward the premiums for Mortgage laamrmce, Borrower shall pay the prcmuwn required to maintain Mortgage Insurance in effax. or to provide a :ton-refutable loss reserve, until Leader's requireunent for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such temriasiion or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay Werat at the rate provided in the Note. .Wrtgaga Insurance reimburses lender (or any entity that pmmbases the Note) for certain tosses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage i>summ. Mortgage ins ireta evaluate their total risk on all such insurance in fora from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce tosses. Those agreements are on terms and conditions that arc satufactoty to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage inter to retake payments using any soarm of funds that the mortgage insurer may have available (wbich tray include funds obtained from Mortgage htsuramcc prearitm s). AS a result of these agreements. Lender, any purchaser of the Notc, another insulter, any rcinsurcr, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characretized as) a portion of Borrower's payments for Mortgage Insuaace, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreernenr 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 usurer, the arrangement is often termed 'captive reinsurance." Further: (8) Any such agreements wig not affect the amounts that Borrower has agreed to pay for Mortgage iumwice, or any other terms of the Loan. Such agreemaals will not increase the amount Borrower will owe for Mortgage Insm-am, and they will not entitle Borrower to my rdund. 0071311393-9705 WWY. OWN mom v,a.sau 01126/2005 10:24:35 F-3039 trot a( I896PG2362 (b) Any such agreements will not affect the rights Borrower has - if any - with t q to the Mortgage Taaurance under the Homeowners protection Act of 1996 or any other ?w rights may include the right to receive certain disiclosures, to request and obtain caaeeliation of the Mortgage Tnaurance, to have the Mortgage Tnnrtaoee terminated sutoustl aDy, aurdlor to receive a ra%W of any Mortgage Insurance pmWatns that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Prod: FerWtare. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, west Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Leader's security is not lessened- During such repair and restoration period. Leader shalt have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Lasped such Property to easare the work has been completed to Leader's satisfaction, provided that sack inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single dtrbursemeat or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable taw mquires interest to be paid on such Miscd(ancom Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miecellaaoors Proceeds. If the restoration or tnpak is ner 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, laid to Borrower. Such Miscellaneous Proceeds shalI be applied in the order provided for in Section 2. Iu the event of a total taking, destmcfion, or loss in vabe 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 coy. Paid to Borrower. In the event of a partial taking, dattuction, or loss in value of the Property in which the fair market value of the Property immediatdy before the partial taking. destruction, or loss in value is equal to or greater than die amount of the sums secured by this Security Instrument immediately before the partial taking, destruction. or loss in value, unless Borrower and Leader otherwise agree in writing, the sums seamed by this Soearity Instrument shall. be reduced by the amount of the Misceliaacous 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 inmtediatdy before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. Lm the event of a partial taking. destruction, or loss la value of the Property in which the fair market value of the Property irmwdiatcly before the partial taking. destruction, or loss in value is less then the amount of the suns 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 sums secured by this Security Instnumem whether or not the man are then due. If the Property is abandoned by Borrower. or if. after notice by Lander to Borrower that the Opposing Party (as defined in the nett 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, Leader is authorized to collect 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" mans the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a tight of action in regard to Miudlmmm Proceeds. Borrower shall be in default if any action or proceeding, whether civic or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or cnher material impairment of Leader's interest in the Property or rights under thin 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 0071311393-9705 » (a. "'PA) P""O"16 01/26/2005 10:24:35 Form 30" trot BK I $96PG2363 dismissed with s ruling that, in Trader's judgment, prectudes forfeiture of the property or other material ;mpaurncot of Leadcr's inie:rest in die property or rights under this Security instrument. Tot proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to leader. All 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 Leneler Not a Waiver. Extension of the time for payment or awdifieation of amortization of the stun secured by this Security Instnunicat granted by Leader to Eorrrwrer or any Successor in Intmest of Borrower shall not operate to release the liability of Borrower or any Sucoessors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in laterest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this S gurity lnstramcat by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbesrcanoe by lender in exercising any right or remedy !Deluding, without limitation, leader's acceptance of payments from third persons, entities or Sucecmrs in Iatuat of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the euaeise of any right or remedy. 13. Joint and SeTerad Liability; Co-alpe s; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security lastrrment but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrumment only to mortgage, grant and convey the co-signers Interest in the Property under the terms of this Security bnsrrumea4 (b) is nut personally obligated to pay the sums secured by this Security ascotmeat: and (c) agrees that deader and any other Borrower can agree to extend, modify, forbear or snake any atcoatmodattems with regard to the terms of this Security lnstmincat or the Note without the co-signer's consent. Subject to the provisions of Section 19, any Sumessor in Interest of Borrower who assumes Borrower's obligations under this Security lnsmaneat in writing, ad is approved by Lender, shall obtain all of Borrower's tights and benefits under this Security bastrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless !ruder agrees to such release in writing. 'Me covemats and agreements of this Security Instrument shall bind (except as provided in Section 20) and bcrefrt the succors and assigns of Under. 14. Loan CbarBea. Leader may charge Borrower fees for smites perfarraDd in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Securiq Instrument, including. but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees. the absence of express ambority in this Security toatranent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of inch fee. Under may not charge fees titan are expressly prohibited by this Security histrnaent 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 limits. then: (a) any such loan charge shall be reduced by the mount nomaary to reduce the charge to the permitted limit: and (b) any autos already collexded front Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to m*e this rdund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund redue m 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 Nee). 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. Nottees. All notices given by Borrower or Larder in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to 0071311393-9705 6.". ®-6119) too" 01/2612005 10:24:35 F-3039 1;01 ??aa z BKI896PG2364 have been given to Borrower when trailed by first dare 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. Tko notice address shalt be the Property Address unless Borrower has designated a substitute aarice address by an= to Lender. Borrower shalpromptly notify Lender of Borrower's change of address. If Leader specifies a procedure for repotting Borrower's change of address, then Borrower shall only report it change of address thrtmgb that specified pmcedure. 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 bexem unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Imiramcut shall trot be deemed to have beta given to Lender until actually received by Leader. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requir meat under this Security instrument. 16. Governing Law; Severabdity; Raps 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 said limitations of Applicable Lave. Applicable Law might explicitly or implicitly allow the patties to agree by contract or it might be sileat, but such silence shall rat be construed as a prohibition against agreement by contract. in the event that say provision or clause of this Security Iastnunrnt or the Now conflicts with Applicable Law, such conflict shall not affect other provisions of this Scrrtrity lnstnunent or de Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the ne"iae gender shall mesa and ineindc corresptmdioYY nutter words or words of the femimlae gender; (b) words is the singular shall mean and include age ptnral and vice versa; and (c) the word "may' gives sole discretion without any obligation to take any action. 17. Barrower''s Copy- Borrower shall be given one copy of the Uwe and of this Security lastiument. 18. Transfer or the property or a BeaeRtiat interest to 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 tranaferrod in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tithe by Borrower at a future dote to a purchaser. If all or any part of tie 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 imm diate payment in Fitt of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The aotice shall provide a period of not less than 30 days from the date the notice is given in axordance with Section 0 within which Borrower trust pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may involve any remedies permitted by this Security lastnunent without furtber notice or demand on Borrower. 19, Borrower's Right to Reinstate After Acceleration. If Borrower meets retrain editions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest o/F (a) five days before sale of the Property pursuant to say 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 Inswment. Those conditions are that Borrower: (a) pays lender all sums which then would be due under this Security Instrument and the Now as if no acceleration had occurred; (b) cures any default of any other covenants or 0071311393-9705 4111 (PAlmaoet P-'xof0 01126/2005 10:24:35 rv-3039 trot B( ! 896PG2365 agteemeats; (e) pays all expenses incurred in enforcing this Security Instnurent, including, but not limited to, reasonable attorneys' fees. property inspection ad valuation fees. and other foes incurred for the purpose of protecting Leader's interest is the Property and nights -der this Saarity Instrument; and (d) takes such action w Lender may reasonably require to assure that Leader's interest in the Propem and rights wader this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Insttrmxat, shall continue unchanged. Itadce may culture that Borrower pay such rtiasudetacat summa and expenses in one or more of the following forma, as selected by tender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's chuck or cashier's check, provided my sack check is drawn upon an institution whose deposits are insured by a federal agency, inaavm>entality or entity; or (d) Elettrouic Funds Tnnusfer. Upon teitatatetneat by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shad not apply in thin case of acceleration under Section 18. 20. Safe of Note; Change of Lots Services; Notice of Grievance. The Note or a partial intaoat is the Note (together with this Security Instrument) cm be sold one or emote 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 Oda 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 Servker nnrotated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wig be given written notice of the change which will state the name and address of the new Loan Servicm the address to which payments should be trade and any other information RWA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Lean Sdrvicer other titan the pumbaser of the Note, the mortgage loan servicing obligations io Borrower will remmain with the Loan Serviocr or be ransfcaed to a woceasor Loan services and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join. or be joined to any judicial action (as either an individual litigant or the amember of a class) that rises from the other patty's actions pursuant to this Security histruaeat or that alleges that the other party has bresched any provision of, or any duty owed by reason of, this Security la+trument, until such Borrower or Leader has notified the other party (with Stich notim given in compliance with the requireanents of Section 15) of such alleged breach and affortkd 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 mug 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 care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hararddwa Substances. As used in this Section 21. (a) 'Hawdous Substances' are those substances defined as toxic or hazardous substances, pollutants. or wastes by Environmental Law and the following substances: gasoline, kerosene, other 112mmable or toxic petrolam products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive manaialr (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that Mate to health. safely Of environmental protection: (c) "FAYiranmeatal Cleanup" includes eery retpanse action, remedial action. or removal acdon, as defined in Environmental Law; and (d) an "Environat-ntal Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup- 0071311343-4705 was: Mb-MPAltwom "-'a°'ta 41/2612005 10:24:35 F-'-3039 trot 8K 1$g6PG2366 Borrower shall not cause or peatnit the presence. use, disposal, storage, or release of my Hazardous Substances, or threaten to release any Hazardous blrbsunates, on or in the property. Borrower shall not do. tar allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an FavivotunenW Condition. or (c) which, due to the presence, use, or release of a Hazardous Substance, mates a condition that adversely affects the value of the Property. 11te Preceding two senteacce shall not apply to the presence, use, or storage an the property of small quantities of Hazardous Substances that are generally recognized to be approprime to normal residential user and to maintenance of the Property (including, but not limited to. hazardous substasas in consuaw 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 patty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual imowiedge, (b) any Environmental Condition, including but not limited to. my spilling, leaking, Ascbarge, release or threat of release of any Hazardous Substance, and (c) my condition caused by the preseem, use or release of a Hazardous Substance which adversely affocu the value of the Property. If Borrower learns. or is notified by any governmental or regolatory authority, mr any private party, that any mooed or other mmediatioa of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remodid actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lager for an Eavironmeatai Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander fmtka covenant and agee as follows: 22. Acceleration; Remedies. Lender sbaif give nodce to Borrower prior to acaderation following Borrower's breach of any covenant er agireearent to this Sect rimy Instuent (but not prior to aocderalion under Section 18 tmtrss Applicable Law provides odterwfae). Lender shall notify Borrower of, among other thugs: (a) the default; (b) the action rgalt+ed to can a the default; (c) when the detati t inust be cured; and (d) that failure to cart: the deter It an specified Htay result in aceetarntton of the anmS seCmred by this Security Instrument, furectosare by Judicial proctetieng and sale of the Property. Leader shall further iathm 8osrowcr of the tight to reinstate after acceleration and the right to assert in the foreclosure proceed tits non-exis mce of a default or may other defettt a of Borrower to acceleration and foredosore. H the default Is not on-ad as specified, Lender at its option may require immediate payment In fktll of all an= sccared by this Seaaity Instrument without bather demand and may foreclose: this Sec city fnstrtm eat by Judicial proceeding. Lender shall be a tied to oo&d all expanses incurred 1' pursuing the remedies provided in this .Median 22, including, but not "tad to, attorneys' toes sad oasts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of sal aunts second by this Security instrument, this Security fasttumeot and the estate conveyed shall terminate and become void. After such occarnace. Leader shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Laxler may charge Borrower a fee for reieaeiag this Security hatrmnent, but only if the fee is paid to a third pemtp for services rendered and the charging of the fee is permitted tinder Applicable Law. 24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings w enforce this Security Instrament, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of tim. exemptiou from artachnnent, levy and sale, and homestead exemption. 35. Rebastatement Period. Borrower's time to reinstate provided in Section 14 shall extend to one hour prior to the commencement of bidding at it sbeniff's sate or other safe pursuant to this Security lnstrumettt_ 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is leaf to Borrower to acquire cite to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgameat. Borrower agrees that the interest raft payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the raze payable from time to time under the Note. 4071311393-4745 bili,tr. 40-8tPA?wwad pn.14a„ 03/26/2045 10:24:35 F f 30" 1101 ?A ?. 8K i g96PG2367 BY SIGMbC BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstnmtcnt and in any Rider execatod by Borrower and recorded with it. Witnesses; GERALDINE L ESTEP Borrower (Alf (PA] woes _ (Sea]) -Bonowu _ (Seat) -Borrower _ (Sea]) -eorvvmr _ (Sea]) -Bxrawu (Sea) -Bonower -(Seal) (Seat) -Bormper -Bmuw" 0071311393 -9705 P.Q. is et tb 01/26/2005 10:24:3f`5 Porn 3039 Prot f - f? ALFRED L ESTEP % 18(36?62368 Certificate of Residence --__-_ , do hereby certify that the correct address of the within-named Mortgagee is Witness my hand thts _ day of -MortlJYear - Agent of MX019" COMMONWEALTH OF PENNSYLVANIA ;1`40 rg County ss: On this the .)4 -- .- . day of `vuvey _ .,,p?___-- before roe, Day ?r the undersigned officer, personally appeared fo:own to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that helshellhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NCAAFOAL SEAL -- XM? F- SM. Hollwy Pubic Eft M ? ow*f My Cdirti" eon w 106 2005 I-- +ao-S6PA (MtY Frye is & is 0071311393 - 9705 01/260051024.35 AAA T Certify this to be recorded In Cumberland County PA 4 Rt J, of Det;da B( t 896PG23 69 Stewart Title Commitment Number. 2005010076AM' SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point In the center of Spring Road; thence by land now or formerly of Leroy L. WK South 83 degrees 13 minutes East 200 feet to an bon per; thence by lend now or fomlertY of Edger L. ftgsborough, st ux. South 6 degrees 47 minutas West 91A feet t0 an 'von pin; thence by the dMding one between Lot Nos 1 and 2 on the hereinafter mentioned Plan of Lots North 83 degrees 13 minutes West 200 feet to a point in the center of Spring Road aforesaid; thence by the center of Spring Road. Norte 6 degrees 47 minutes East 81.4 feet to the Place of BEGINNING. BEING Lot No. 1 an the Plan of Lots of Edgar L. Kingsborough, as recorded in the Office of the Recorder of Deeds for Cumberland County In Plan Book 13, Page 111. BEING improved with a dwelling house known as 1659 Spring Road. Carlisle. Parcel # 29-17-1565-134B ALTA Camdbant scho" C t3005¢1e0T6lUd.PFQM050100T& M) OK I 896PG2370 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: March 25, 2012 Geraldine L. Estep 207 N COLLEGE ST CARLISLE, PA 17013-2305 Property (if different than mailing address - notice also sent to property): 1859 Spring Road Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC (hereinafter we, us or ours) on your property located at 1859 Spring Road, Carlisle, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from December 1, 2011 through and including March 25, 2012 as follows: Payments of $521.40 due on 12/01/2011 through and including 03/01/2012, in the amount of .....................................................................$2,085.60 Other charges (explain/itemize): Late charges: .......................................................................... $61.95 Fees billed ..............................................................................$602.50 .................... 10.09 Other charges (explain) ...................................... $ Escrow advance Less suspense .........................................................................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $2,760.14 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $2,760-14. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,760.14, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: WELLS FARGO BANK, N.A, by its attorney in fact Ocwen Loan Servicing LLC P.O. Box 6440 Carol Stream, IL 60197-6440 Make sure your account number - 707204343 is on your payment If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 446-2936. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN & EISENBERG, PC BY: _--- ern & Eisenberg, PC Pursuant to notice published by the PHFA at 41 Pa-B. 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 and until further notice of the PF FA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL 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. _U L Wells Fargo Bank, N.A., vs. Geraldine L. Estep d [1 III ?' ?i? I I-. ILb*M1 41,r:? ?,??? C?(? `' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA as tr p ,,p Plaintiff(s) Defendant(s) P ?? u t Civil 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)243-9400 extension 2510 or (800) 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. (v1-7 ?(-)- Date Respe y sub Si hat fe of Counse or iff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST 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: Borrower name (s): Property Address: City: Is the property for sale? Yes[_ No o Listing date: Realtor Name: Borrower Occupied: Yes ? No F Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers: Home: Cell: Zip: Email: # of people in household: How long? FINANCiAL t First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: Date of Last Payment: Primary Reason for Default: Date You Closed Your Loan: State: Zip: Price: $ Realtor Phone: State: Zip: _ Office: Other: State: Office: Other: Included Taxes and Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ _ Retirement Funds: $ $ Investments: $ $ _ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: _ Year: Amount owed: Value: Other transportation (automobiles boats, motor cycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross _ Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently p_ ayin?1 EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes? No F1 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 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 lender 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 FORM 3 Wells Fargo Bank, N.A., as trustee Plaintiff(s) VS. Geraldine L. Estep Defendant(s) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REQUEST FOR CONCILIATION CONFERENCE Civil 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 Date Date Date Wells Fargo Bank, N.A. asi-trustee, Plaintiff(s) Geraldine L. Estep AND NOW, this day of FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil ,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: VS. Defendant(s) 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 CASE MANAGEMENT ORDER Court of the defendant/borrower's failure to serve the completed Form 2 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; 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-,:;:< N .. - C1 17- Ronny R Anderson t M ?- -.1r-:- Sheriff En ?ttitr of c um Gr?? J> -- co C .D Jody S Smith ? a Chief Deputy Richard W Stewart Solicitor sOMCE OF ' E Vt ERtFF Wells Fargo Bank, NA vs. Geraldine L. Estep Case Number 2012-3654 SHERIFF'S RETURN OF SERVICE 06/12/2012 04:40 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 1859 Spring Road, Carlisle, Pennsylvania 17013, by making known unto Lacy Baughman, current resident of 1859 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Jerry Ricks and Lacy Baughman are the only residents at 1859 Spring Road, Carlisle, Pennsylvania 17013. TSHAL , TY L,W 06/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Geraldine L. Estep, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Geraldine L. Etep. Request for service at 1859 Spring Road, Carlisle, Pennsylvania 17013 the Defendant was not found. SHERIFF COST: $39.00 June 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (C) CountySuite Sheriff, Ieleosoft Inc, 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 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) £!?1p C V I 41 a"' IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC V. Geraldine L. Estep Defendant(s) Civil Action Number: 12 - 3 (os PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN & EIS ERG, PC B STE EN K. EISENBE SQ. Attorney for Plaintiff 6/21/12 J: \ANGELA\ REINSTATEMENTS\CUMBERLAND\OCWEN.ESTEP.6.12.DOC 0) a* 4 11.7s Pj C?.? 3ya&? A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i `: t , F ' ; i - ??? of umbP I^ftr ROTH 1 „ Jody S Smith Chief Deputy 'LI12 JUL 16 AM 8: 4 Richard W Stewart Solicitor OF E :- FME _°-ERIFR CUMBERLAN COU, I Y PENNSYLVANIA Wells Fargo Bank, NA vs. Case Numbe Geraldine L. Estep 2012-3654 SHERIFF'S RETURN OF SERVICE 06/26/2012 06:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 2012 at 1810 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Geraldine L. Estep, by making known unto herself personally, at 207 1 College Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBERT BITNER, D SHERIFF COST: $34.00 June 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ici Coun'ySutte Shenff. Teeosoff Ir;; WRIT OF EXECUTION and/or ATTACHMENT COMMONWF,ALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-3654 Civil ,.NIL ACTION -LAW TO "FHE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deL~t, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From GERALDINE L. ESTEP, 207 N. COLLEGE STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession oI- GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined from paving any debt to or for the account of the defendant (s) and from delivering any property of the. defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject t:o attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $94,596.27 L.L.: $.SO I Interest FROM 8/1/2012 AT THE PER DIEM OF $7.77 UNTIL JUDGMENT PAID IN FULL ~~ Atty's Comm: °% Due Prothy: $2.25 ~~, Attv Paid: $36.00 Other Costs: Plaintiff 1 aid: '~, Date: 8/14/2012 (Scalj "sZF(~i-l:S"PING PARTY: Name: 1ZEViN °. DiSKIN, ESQUIRE Andress STERN & EISENBERG, P.C. 2E,1 OLD YORK ROAD, SLJI'I'E 4l0 JENKINT'OWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 86727 David D. Buell, Prothonota ____ Deputy ~s-uF~-s~~. ~,~ ,~~;~TNON~i ~'~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION f.f I Z fi~4u ' 4 ~~i (~~ L' Z PRAECIPE FOR WRIT OF EXECUTION t''1~~~~R~~~ Wells Fargo Bank, N.A. Plaintiff VS. Geraldine L. Estep Defendant Address: 207 N. College Street Carlisle, PA 17013 TO T1-~ PROTHONOTARY OF THE SAID COURT: ~ C4fUNTY ^ConfessedJudgment rf'~1~NSYLVANIIA Other ~' File No. 12-3654-CV Amount Due $94,596.27 Interest FROM 8/1/12 at the perdiem of $7.77 unti ~u gment pai in u Atty's Comm _. 'i Costs !~ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the abewe matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 1859 Spring Road, Carlisle, PA 1.7013 PRAECIPE F'OR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriffof CUmerland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of len~,thy personalty list) and all other property of the defendant(s) 'in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the ', defendant(s) described in the; attached exhibit. ~~ ~ i Date August 13, 2012 __ Signature: _. ', O Print Nam Kevin P. Diskin ', -..1 ~ ~~ C~~ Gt ~ Address: 261 Old York Rd, Ste 410 Q, 3y Oo CQr Jenkintown, PA 19046 t' " Attorney for: Plaltztlff N 6 3•? 5 215-572-8111 1 (, ~ S Telephone: _ ', ll ~~ ~ ~0 •5~ Supreme Court ID No: 86727 ', a s~ " N - -_ ~~a~ ~. ~ . a-S ~- w_. ____.._---- ~. 310 ~ 3 S ,^, ll () ALL THAT CERTAIN tract of Land. with the improvements thereon erected Situate in North Middleton Township, Cumberland County, Pennsylvania Bounded and described as Follows, to wit: BEGINNING at a point in the center of Spring Road; thence by land now or formerly of Lergy L. Moffat South 83 degrees 13 minutEa East 200 feet to an iron Pin; thence by Land now car formerly of Edgar L. Kingsborough, et ux. South 6 degrees 47 minutes, West 91.4 feet to an Iron Pin; thence by the dividing line between Lot Nos. 1 and 2 on the herein after mentioned Plan f Lots, North 83 degrees 13 minutes west 200 feet to a Point in the Center of Spring Ro d aforesaid; thence by the center of Spring Road, North 6 degrees 47 minutes East 91.4 feet tot e Place of Beginning. BEING I,ot No. 1 on the Plan of lots Edgar L. Kingsborough as recorded in the Office of tl~e recorder of Deeds for Cumberland County in Plan Book 23, page 111. BEING unproved with a Dwelling house Known as 1859 Spring Road, Carlisle. BEING the same premises which Robert G. Marconi and Caroline J. Snyder Marconi, also Known ~s Caroline J, Snyder Marconi, now Known as Caroline S. Marconi, husband and wife, by Deed dat d March 29, 1996 and recorded Apri13, 1996 in the Office of the Recorder of Deeds in and for Cumberla d County in Deed Book 136 Page 1198, granted and conveyed unto Alfred L. Estep and Geraldine L. Este, husband and wife. PARCEL NO. 29-17-1585-134B STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. RELENT, EsQuiRE (59621) STERN &EISENBERG, PC THE PAVILION 261 OLD Yo~uc ROAD, SUrrE 410 JENKINTOWAd, PENNSYLVANIA 19046 TELEPHONE: (215) 572-81 'I 1 FACSIMILE: (215) 572-502:5 (COUNSEL FOR PLAINTIFF 4 ~;! ~ 2 ~~~~ ! 4 AM IC~~ l2 ~~~~~i_~~Ni~~ eou~~r~/ ~'~P~~dSYLVANiA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 ': I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecl e for the Vv'rit of Execution was filed, the following information concerning the real proper~y located at 1859 Spring Road, Carlisle, PA. ~I 1. Name and address of Owner(s) or Reputed Owner(s): Geraldine L. 1=step 207 N. College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Geraldine L. Estep ', 207 N. College Street Carlisle, PA 17013 I, 3. Name and last known address of every judgment creditor whose judgment is a record lien ~-n the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: CITI Financial, Inc 950 Walnut Bottom Road Ste 16 Carlisle, PA 1'7015 5. Name and address of every other person who has any record lien on the property: N/.A 6. Name and address of every other person who has any record interest in the property whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 ar~d Tenant(s)/Occupant(s) 1859 Spring Road, ~, Carlisle, PA, 17013. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subj~ct to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~, Date: August 13, 2012 COMMONWEALTH l,~F PENNSYLVANIA ~ Nntar9ai s~ei I Angela Mrar~gari, tVCitMry i'ut~°ic Acingwn 7wp., Marr~amtiry C6unty M,y ~SOlIiHllAtllr3+t ~~spiNib Nor fig, 7012 rulerril~e'f, ~'nfl~y~r<;~F ~! ~$a~~~ttGR r)F Notaries Sworn to and sub~ribed this` Day re me 2012. STERN &EISENBERG, PC ESQUIRE Q IRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney far Plaintiff STEVEN K. EISENBERG KEVIN P. DISKIN ES U STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, EsQu1RE (86727) JOSEPH K. REJENT, ESQUVtE (59621) STERN & EISENBERG,PC THE PAVILION 261 OLD YORK Rona, SUITE 410 JENKINTOWIV, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) ~~4r.kc>t aj,~-ft~i~01f~~~ ; 4~~2~~UG #~~ a~ ~~~ ~'~ ~ur~~~~~A~ra caurar r PE#VNSYLVAN#A IN TH:E COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS F'ARGO BAI`1K, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Geraldine L. Estep ', 207 N. College Street ~, Carlisle, F'A 17013 Your real estate at 1859 Spring Road, Carlisle, PA is scheduled to be sold at Sheriffs Sale ~n Wednesday, December 5, 2012 at 10:00 A.M., at Sheriffs Office, Cumberland Cou ty Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $94,596. 7 obtained by WELLS FARGO BANK, N.A, by its attorney in fact, Ocwen Loan Servicing L .C against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late ', charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-811 L ', 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the ', judgment. if the judgment was impropf;rly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sake through other legal proceedings. You may need an attarney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You ma find out the price bid by calling Stern 8i Eisenberg PC, telephone (215) 572-811 I. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your Douse will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within tee (10) days after the date of filing of said. schedule. You should check with the Sheriffs Office b: calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER 'TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1701.3 800-990-9108 717-249-3166 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. L)ISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOVVN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee; for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Civil Action: 12-3654-CV MORTGAGE FORECLOSURE RE: PREMISES: 1859 Springy Road ,Carlisle, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. A~s a result of a default, the above referenced premises, also described on the attached sheet, will. be sold by ~, the Sheriff of Cumberland County on Wednesday, December 5, 2012 at 10:00 A.M. at Sheriffs Office, ~I Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $94,596.27 together with interest costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can prote your interest, if any, in the lien you have on the premises. [f you have any questions regarding the type lien or the effect of the Sheriff-s Sale upon your lien, we urge you to CONTACT YOUR ATTORNE! as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution. will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. August 13, 2012 STERN &EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE j~EVIN P. DISKIN, ESQUIRE ^ JACQUE,LINE F. McNALLY, ESQUfRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of Lanci with the improvements thereon erected Situate in North Middleton Township, Cumberland County, Pennsylvania Bounded and described as Follows, to wit: BEGINNING at a point in the center of Spring Road; thence by land now or formerly of Lerq~y L. Moffat South 83 degrees 13 minutes East 200 feet to an iron P%n; thence by Land now ~r formerly of Edgar L. Kingsborough, et ux. South 6 degrees 47 minutes, West 91.4 feet to an Ir~n Pin; thence by the dividing line between Lot Nos. 1 and 2 on the herein after mentioned Plan f Lots, North 83 degrees 13 minutes west 200 feet to a Point in the Center of Spring Rod aforesaid; thence by the center of Spring Road, North 6 degrees 47 minutes East 91.4 feet to tie Place of Beginning. ', BEING L,ot No. 1 on the Plan of lots Edgar L. Kingsborough as recorded in the Office of t~e recorder of Deeds for Cumberland County in Plan Book 23, page 111. BEING improved with a Dwelling house Known as 1859 Spring Road, Carlisle. BEING the same premises which Robert: G. Marconi and Caroline J. Snyder Marconi, also Known s Caroline J.. Snyder Marconi, now Known as Caroline S. Marconi, husband and wife, by Deed dat~d March 29, 1996 and recorded April 3, 1996 in the Office of the Recorder of Deeds in and for Cumberla d County in Deed Book 136 Page 1198, granted and conveyed unto Alfred L. Estep and Geraldine L. Est p, husband and wife. PARCEL NO. 29-17-1585-134B STEVEN K. EISENBERG, ESQUIRE (75736) KEVW P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIItE (59621) STERN & EISENBERG, PC TILE PAVILION 261 OLD YORK ROAD, SUTTE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPxONE:(215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) t"~! ~Q-OFF'fCE ~_; `~° T~~ PRQTN4NOTARY LD12 AUG t 4 AM f0.22 ~'UM~ERLAND COUtVTY ~~WNSYI,VANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action Number: 12-3654-CV MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF I~'AMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Geraldine L. Estep , f©r failure o said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE ...................................................................$87,022.53 INTEREST accrued thru 05/12/2012 of ...........................................$1,490.83 Interest after 05/12/2012 shall accrue at the per diem rate of $7.77.) LATE CHARGES accrued thru 05/12/2012 of .................................$61.95 Late charges after 05/12/2012 shall accrue at the monthly rate of $20.65.) ESCROW ADVANCES ....................................................................$324.41 ss~l~• ~ 4 (X'~ a ~S ,~ ~ ~ FEES BILLED ...................................................................................$613.00 ATTORNEY'S FEE ..........................................................................$4,400.00 Sub-Total Through Date of Complaint ........................................$93,912.72 ACCRUED INTEREST after 05/12/2012 shall accrue at the per diem rate of $7.77 to July 31, 2012 ............................................................$621.60 ACCRUED LATE CHARGES Late charges after 05/12/2012 accruing at the monthly rate of $20.65 through July 31, 2012 ........................................................$61.95 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT .............................................................................$94,596.27 STERN &EISENBERG, PC BY: ST VEN K. EISENBERG, ESQUIRE ~~~VIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIItE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMIi,E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of knowledge, information and belief, Defendants' 1. Last-known address is 207 N. College Street, Carlisle, PA 17013 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN &EISENBERG, PC BY: COMMONyyEALTH OF PENNSYLVANIA ~~ ~ry Pub11c AttpN~ Nerrlypn~ Courny ~nwrq~on New, ne Z012 ~ s Mem6~f; S EVEN K. EISENBERG, ESQUIRE VIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff Sworn to d subs bed be re me this Day of 2012. N Department of Defense Manpower Data Center Rat Pur~~t f~ S~cemembe~ civil Reli~cf t Last Name: ESTEP First Name: GERALDINE L. Active Duty Status As Of: Jul-31-2012 Results as of :Jul-31-201 Q 08:28:22 2.22 Adire Duly ~ Da6e Active Duty End Date SIaYU Service Component On Active Duly On Active Duty 9tMus OMe NA NA No NA This reaperee reflects tib individuals' active Wdy status based on the Active Duty StaWs Ogle belt Adios Duly Wkhin 387 Days d Agee OuIY Stall Oitrta Active Duly Start Data Adive Duly End Date Sbfus Service Component NA NA No NA This response rratlects where the individual IeR active duly atahts wiMxt 387 days proced'rtg the Active Duy Status Date 7M Alember or tiislFler l1Nt Was Notlrbd d a FuYwe CaNLp to AtWe Duty on Active Wq Status Dab Order Notification Start Deb Order Notification End Gate. Stew Service Competent NA NA No NA This response rellscffi whether the individual or hislher unh has received early notification m report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the s tus of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Ford, NOAA, Public Health and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report far Active Duty. r1a~,,a ,c.~.~,_~-. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN &EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUrI'E 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 WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff; hereby certify that a notice of intention to enter judgment by default was sent to Defendants in accordance with R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN &EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE C~KBVIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff 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 CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC (Plaintiff) v. Geraldine L. Estep Docket #: 12-3654-CV TEN DAY NOTICE NOTICE PURSUANT TO Pa.RC.P. 237.1 TO Geraldine L. Estep 207 N. College Street Carlisle, PA 17013 Date of Notice: Friday, July 20, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS 1'O THE CL MS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A GMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY.O OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT RE YOU CAN GET LEGAL HELP: HIRING A LAWYER. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STERN & EISENBERG, PC By. ttorney for- aintiff J:\Sonya\Ten Day\Cumberland\Ocwen.Estep.0712.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN &EISENBERG, PC THE PAVILION 261 OLD YORx ROAD, SUrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.~,. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response made. STERN &EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE ~'~VIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727} JOSEPH K. REJENT, ESQUIRE (59621) STERN &EISENBERG, PC Tr~ PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 T~LEPxoNE: (215) 572-8111 FACSIMII..E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY WELLS FARGO BANK, N.A., as Trustee for the POOLING AND SERVICING AGREEMENT Dated as of April 1, 2005 Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its attorney in fact Ocwen Loan Servicing LLC v. Geraldine L. Estep Defendant(s) Civil Action: 12-3654-CV MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: WELLS FARGO BANK, N.A, by its attorney in fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff Geraldine L. Estep 207 N. College Street Carlisle, PA 17013 (Defendant(s)) STERN &EISENBERG, PC BY: STE K. EISENBERG, ESQUIRE IN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE Attorney for Plaintiff