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HomeMy WebLinkAbout12-3666STEVEN 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 The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025-2047 Marlin L. Comp 1021 TEAKWOOD LN ENOLA, PA 17025-2047 Defendant(s) Civil Action Number: la • SWA4 COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE 011VII 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 a,M} a 103.7 Q?j aPcp 55S or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH 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. 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 The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025-2047 Marlin L. Comp 1021 TEAKWOOD LN ENOLA, PA 17025-2047 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 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 personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO 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. 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 suya sin 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 tal servicio, vaya en persona o Name 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 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Donna M. Comp 1021 Teakwood Lane Enola, PA 17025-2047 Marlin L. Comp 1021 TEAKWOOD IN ENOLA, PA 17025-2047 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE Plaintiff is The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC (hereinafter referred to as "The Bank of New York Mellon, 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 Donna M. Comp and Marlin L. Comp, adult individuals with a last- known address of 1021 Teakwood Lane, Enola, PA 17025-2047. 3. Under date of 04/23/2003, defendants executed and delivered to MERS, Inc. as nominee for Fidelity Mortgage Inc-NY a mortgage upon the property 1021 Teakwood Lane, Enola, PA (the "Property")to secure the payment of the sum of $130,500.00 . The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 05/05/2003 at Book 1809, Page 3648 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 "All. 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for Fidelity Mortgage Inc-NY (Originating Lender) as follows a) Assigned from MERS, Inc. as nominee for Fidelity Mortgage Inc to JPMorgan Chase Bank, as trustee for the registered holder of the Home Equity Loan Asset- Backed Certificates, Series 2003-2, recorded on 09/13/2006, in (book) 0730, (page) 1660 b) Assigned from JPMorgan Chase Bank, as trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 to The Bank of New York Mellon f/k/a The bank of New York, as trustee for the registered holder of the renaissance Home Equity Loan Asset-Backed Certificates, Series 2003-2, Recorded on 11/4/2009, in instrument #200937312 c) Assignment requested from The Bank of New York Mellon f/k/a The bank of New York, as trustee for the registered holder of the renaissance Home Equity Loan Asset-Backed Certificates, Series 2003-2 to The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Said Defendant(s) are the real owners of Property 1021 Teakwood Lane, Enola, PA 17025. 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 $995.31 due on October 1, 2011 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE ............................:......................... $192,145.29 INTEREST accrued thru 05/09/2012 of ............................... $2,625.71 Interest after 05/09/2012 shall accrue at the per diem rate of $10.48.) LATE CHARGES accrued thru 05/09/2012 of .................... $263.34 Late charges after 05/09/2012 shall accrue at the monthly rate of $37.62.) ESCROW ADVANCES ....................................................... $442.66 FEES BILLED ...................................................................... $915.50 ATTORNEY'S FEE .............................................................. $7,000.00 TOTAL .................................................................................. $203,392.50 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, The Bank of New York Mellon, 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 $192,145.29 plus interest thereon of $2,625.71 plus $10.48 per day from 05/09/2012 until judgment is paid in full, late charges of $263.34, plus late charges of $37.62 per month from 05/09/2012, until judgment is paid in full, escrow advances of $442.66,fees billed of $915.50,attorney's fees of $7,000.00and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN & EISENBERG, PC BY: ,VEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE ? LEN M. GARZA, ESQUIRE Attorney for Plaintiff Date: May 9,_2012 VERIFICATION 1, the undersigned, an authorized representative on behalf of, The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, 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, 1 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 1 do not believe to be true or which I know to be false. Date: Al Name. Meftft X MOW Management rtle? Coordinator The Bank of New York Mellon, f/k/a he Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC Mail to. K "FIDELITY MORTGAGE INC -- NY 1000 Woodbury Road, Suite 300 Woodbury, NY 11797 Parcel #; Title Insurer: rEK Or" DEEDS i?Lot D COUNTY-. '. rite NO.: Space Above This Line for Rccordine 1%J=ati M 9 17 MORTGAGE Loan Number: 0101802403 MIN Number:100??00012408922 App Number: 0304230707 /.? -I.e. WORDS USIM OFTEN IN THIS DOCUMENT 25 (A) "Security Instrument." This Mortgage, which is Dated April 241, 2003 will be called the "Security Agreement." (B) "Borrower(s)." DONNA M. COMP and MARLIN L. COMP residing at 1021 Teakwood Lane, Enola, PA 17025 sometimes will be called Borrower, and sometimes simply "I" or "me." (C) "Lender." FIDELITY MORTGAGE INC - NY will be called "Lender-" Lender is a corporation which exists under the laws of the State of Delaware Lender's address is: 1000 Woodbury Road, Suite 300 ?. Woodbury, NY 11797 ?t3 , (D) "Note," The Note signed by Borrower and dated April 224" 2003 will be called the "Note." The Note shows that I owe Leader One Hundred Thirty Thousand Five Hundred and No/100 (S 130,500.00 } plus interest. I have promised to pay this debt in monthly payments and to pay the debt in full by May 1, 2 0 3 3 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely ass nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (b7 "Property." The property that is described below in the section titled "Description of the Property" will he called the Property, which is located in Cumberland COUNTY, PENNSYLVANIA. (G) "Sums secured," the amounts described below in the section titled Borrower's Transfer to Lender of Rights in the Property sometimes will be called the "sums secured." t7?WE8'g1i'itkN3?R-TQ-I?F,I?IDER-4R-RIG)) ntit mr? panPSRTY __ _ ___ I mortgage, grant and convey the Property described below to Lender, subject to the terms of this Security Instrument. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS those rights that are stated in this Security instrument, and also those rights that the law gives to lenders who hold mortgages on real property. Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Leader's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasiag and canceling this Security Instrument. I am giving Lender these rights to protect Lender from possible losses that might result if f fail to: (A) Pay al{ the amounts that I owe Lender as stated in the Note, with interest, and all renewals, extensions and modifications to the Note; (B) Pay, with interest, any amounts that Lender spends under Paragraphs 2 and 7 of this Security instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument, and the Note. 6K 1809PG3648 70121 - M APWI DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described in (A) through (1) below: (A) The Property located at 1021 Teakwood Lane, Enola, PA 17025 Address # 2: Address # 3: The legal description of the Property is more fully described in the Schedule "A" Legal Description attached hereto and made a part hereof; (B) All buildings and other improvements that are located on the Property described in subparagraph (A) of this section; (C) All rights in other property that I have as owner of the Property described in subparagraph (A) of this section. These rights are known as "easements, rights and appurtenances attached to the Property;" (D) All rents or royalties from the Property described in subparagraph (A) of this section; (E) All mineral, oil and gas rights and profits, water rights and stock that are part of the Property described in subparagraph (A) of this section; (F) All rights that I have in the land which ties in the streets or roads in front of or next to, the Property described in subparagraph (A) of this section; (G) All fixtures that are now or ill the future will be on the Property described in subparagraphs (A) and (B) of this section; along with but not limited to stoves, refrigerators, washers, dryers, dishwashers, ovens, air conditioning units; (Ii) All of the rights and property described in subparagraphs (B) through (G) of this section that I acquire in the future; (1) All replacements of, or additions to, the Property described in subparagraphs (B) through (H) of this section; and (J) Alt of the amounts that I pay to Lender under Paragraph 2 below. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERS)Tit'' OF THE PROPERTY I promise that: (A) I lawfully own the Property; (B) T have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, I give a general warranty of title to Lender. This means that t will be fully responsible for any losses hici -L-iender-sWers-because- someen"ther-than-thyself-hes?ome-of-the-rights-in-the-&nperty-which-l-- promise that I have, f promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains uniform promises and agreements that are used in real property security agreements all over the country. It contains non-uniform promises and agreements that vary to a limited extent, in different parts of the country. My promises and agreements are, stated in "plain language." I promise and I agree with Lender as follows: 1. BORROWER'S PROMISE TO PAY I will pay to Lender, on time, principal and interest due under the Note and any prepayment and late charges due under the Note. 2. MONTHLY PAYMENTS FOR TAnS & INSURANCE A) Borrower's Obligations I will pay to Lender all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the property and mortgage insurance (if any). I will pay those amount to Lender unless Lender tolls me, in writing, that I do not have to do so, or unless the law requires otherwise. I will make those payments on the same day that my monthly payments of principal and interest are due under tha Note. 13" 180 9PG 3 6 4 9 Doc #20122 - ?e NM Each of my payments under this Paragraph 2 will be the sum of the following: (i) one-twelfth of the estimated yearly taxes and assessments on the property which under the law may be superior to this Security instrument; plus (fl) One-twelfth of the estimated yearly leasehold payments or ground rents on the Property, if any; plus (flu) One-twelfth of the estimated yearly premium for hazard insurance covering the Property (if required); plus (1y) One-twelfth of the estimated yearly premium for mortgage insurance (if any); plus (v) one-twelfth of the estimated yearly premium for flood insurance (if required). In accordance with applicable law, Lender wiH estimate from time to time my yearly taxes, assessments, leasehold payments or ground rents and insurance premiums. Lender will use existing assessments and bills and reasonable estimates of future assessments and bills. Lender may, at any time, collect and hold items under Paragraph 2 in an aggregate amount not to exceed the maximum amount that may be required for Borrower's account under the Real Estate Settlement Procedures Act of 1974, 12 USC 2601 et seq., and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time. ("RESPA"), except that I will pay to Lender an additional sum equal to one-sixth of the aggregate amount of yearly payments under this paragraph 2 or a lesser amount if required by applicable law. This sum is known as the "reserve" or "cushion," and is permitted by RESPA for unanticipated disbursements or disbursements before my payments are available in the account. These amounts that I pay to Lender for these items under Paragraph 2 will be called the "Funds." These Funds may be commingled with the funds of the Lender unless the law requires otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender may require Borrower to pay a one-time charges for an independent real estate tax reporting service used by Lender in connection with the loan, unless applicable law provides otherwise. B) Leader's OWIptions Lender will use the Funds to pay the above listed items. Lender will give to me, without charge, an annual accounting of the Funds. That accounting must show all additions to and deductions from the Funds and the reason for each deduction. C) Adjustments -*HE;ender's-estimate"r-cam-too-high-or-if-taxes-and-insurance._rates_go-do n, the amounts that I M under this Paragraph 2 will be too large. If this happens at a time when I am keeping all of my promises and agreements made in this Security Instrument, I will have the right to have the excess amount either promptly repaid to me as a direct refund or credited to my future monthly payments of funds. There will be excess amounts if, at any time, the sum of (i) the amount of funds which Lender is holding or keeping, plus (ii) the amount of the monthly payments of funds which I still must pay between that time and the due dates of these items is greater than the amount necessary to pay the above listed items when they are due. If the Funds exceed the amounts permitted to be held by RESPA, Lender shall deal with excess funds as required by RESPA. If, when payments of these items are due, Lender has not received enough Funds to make those payments, I will pay to Lender whatever additional amount is necessary to pay the these items in full. I must pay that additional amount in one or more payments as Lender may require, and permitted by RESPA 3. APPLICATION OF BORROWER'S PAYMENTS Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1 and 2 above in the following order and for the following purposes; First, to pay any prepayment charges due under the Note; Next, to pay late charges under the Note; Next, to pay any amounts due to Lender under Paragraph 2 above or other advances; Next to pay interest due; and Last to pay principal due. Olt 1809 lt Doc X120511 - PAMr3 4. BORROWERS'S OBLIGATION TO PAY CE"GES, ASSESSMENTS AND CLAIMS I will pay all taxes, assessments, charges, fines and impositions attributable to the Property and that may be superior to this Security Agreement. I will. also make payments due under any lease if r am a tenant on the Property and I will pay ground rents (if any) due on the Property. I will do this either by snaking the payments to Lender that are described in Paragraph 2 above or, if i am not required to make payments under Paragraph 2, by making the payments on time to time to the person owed them (in this Security Instrument, the word "person" means any person, organization, governmental authority or other party.) If I make direct payments, then promptly after making any of those payments, I will give Lender a receipt which shows that f have done so. If I make payments to Lender under Paragraph 2, 1 will give Lender all notices or bills that I receive for the amounts due under this Paragraph 4. Any claim, demand or charge that is made against the Property because an obligation has not been fulfilled is known as a "lien." I will promptly pay or satisfy all liens against the Property that may be superior to this Security Tnstrument. However, this Security Instrument does not require me to satisfy a superior lien if: (A) I agree, in writing to pay the obligation which gave rise to the superior lien, and Lender approves the way in which I agree to pay that obligation; or (B) in good faith, I argue or defend against the superior lien in a lawsuit so that during the lawsuit the superior lien may not be enforced and no part of the Property must be given up; or (C) i secure from the holder of that other lien an agreement approved in writing by Lender that the lien of this Security instrument is superior to the lien held by that person. If Lender determines that any part of the Property is subject to a superior lien, Lender may give Borrower a notice identifying the superior lien. Borrower shall pay or satisfy the superior lien or take one or more of the actions set forth above within 10 days from the giving of notice. S. BORROWER'S OBLIGATION TO MAINTAIN HAZARD INSURANCE I will obtain hazard insurance to cover all buildings and other improvements that are now, or in the future, will be located on the Property. The insurance must cover loss or damage caused by fire hazards normally covered by "extended coverage" hazard insurance policies, and other hazards, including floods or flooding, for which lender or state or federal government requires coverage. The insurance must be in the amounts and for the periods of time required by Lender or government agency. I may choose the insurance company, but my choice is subject to Lender's approval. Lender .,ay-t,ot refuse-to approve my choice unless the refusal is reasonable. rf I do not maintain coverage as described above, Lender may, at Lender's option, obtain coverage to protect a ex s n is to - accordance with this paragraph and paragraph 7. If the property is determined to be located in a flood zone that requires flood insurance, as designated by the Federal Emergency Management Agency or another agency that has the authority to make such determination, I understand that I will be required to obtain flood insurance coverage for the property. All of the insurance policies and renewals of those policies must include what is known as a "Standard Mortgagee" clause to protect Lender. The farm of all policies and renewals must be acceptable to Lender. Lender will have the right to hold the policies and renewals. If Lender requires, I will promptly give Lender all receipts of paid premiums and renewal notices that i receive. If there is a toss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred, then Lender may do so. The amount paid by the insurance company is called "proceeds." I authorize the Lender to settle any claims and collect the proceeds on my behalf and use them to reduce the amount i owe to Lender under the Note and under this Security Instrument (whether or not repairs have been made by me), or Lender may release the proceeds to me for use in tha repair or restoration of the damaged Property. Lender may use the proceeds to repair or restore the property or to pay the sums secured. If any proceeds are used to replace the amount of principal which I owe to Lender under the Note, that use will not delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs 1 and 2 above. However, Lender and I may agree in writing to those delays or changes. 'XI809PG365I ?oc #20512 - PAM if Lender acquires the Property under Paragraph 25 below, all of my rights in the insurance policies will belong to Lender. Also, all of my rights in any proceeds which are paid because of damage that occurred before the Property is acquired by Lender or sold will belong to Lender. However, Lender's rights in those proceeds will not be greater than the sutras secured immediately before the Property is acquired by Lender or sold. in the event that Borrower fails to maintain hazard insurance or flood insurance as outlined in this Paragraph 5, or has the policy cancelled, then and in that event, Lender may obtain the necessary insurance. Lender may charge borrower it "surcharge" to cover the costs and administration of said insurance, and will be responsible for the payment of these tees and all premiums on said insurance. If the Lender obtains insurance, it will only provide protection for the premises. Contents, liability and other items will not be insured. Borrower irrevocably assigns to tender all of my right, title and interest in any tax/insurance escrow refunds, insurance proceeds or the like regardless of how designated, which is/are in any way related to the subject property, and authorizes these amounts to be paid directly to Lender. Lender will credit all payments to the borrower(s) account in the order of priority, as specked in paragraph 3 hereof. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL ANY LEASE OBLIGATIOM I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and I will not allow the Property to deteriorate. Ef i do not own but am a tonant on the property, I will fulfill my obligations under any lease. I also agree that, if i acquire the fee title to the Property, my lease interest and the fee title will not merge unless Lender agrees to the merger in writing. 7. LENDER'S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY: MORTGAGE INSURANCE If: (A) i do not keep my promises and agreements made in this Security Instrument, or (B) someone, including me, begins a legal proceeding that may affect Lender's rights under the Note or in the Property (such as a legal proceeding in bankruptcy, in probate, for condemnation or to enforce laws or regulations), Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Note and Property. Lender's actions may include appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this Paragraph 7, Lender does not have to do so. i will pay to Lender any amount with Interest, which Lender spends under this Paragraph 7. I will pay hose-amounts-40P.Lendct -when J,en ands m?a notice requesda¢ that i do so. I will also pay _ __ interest on those amounts at the Note rate. Interest on each amount will begin on the date that the amount is spent by Lender. However, Lender and I may agree in writing to terms of payment that are different from those in this paragraph. This Security Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest. If Lender required mortgage insurance as a condition of making the loan that i promise to pay under the Note, I will pay the premiums for that mortgage insurance. I will pay the premiums until the requirement for mortgage insurance ends according to my written agreement with Lender or according to law. Lender may require the to pay the premiums in the manner described in Paragraph 2 above. 8. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable manner and at reasonable times. 4. AGREEMENTS A13OUT CONDEMNATION OF THE PROPERTY A taking of property by any governmental authority by eminent domain is known as -condemnation." I give to Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other governmental taking of the property and (B) to proceeds from a sale of the Property that is made to avoid condemnation. All of those proceeds will be paid to Lender. 8K E 809PG3652 Doc 420513 - PAMTr' If all of the Property is taken, the proceeds will be used to reduce the sums secured. If any of the proceeds remain after the amount that I awe to Lender has been paid in full, the remaining proceeds will be paid to me. Unless Lender and I agree otherwise in writing, if only a part of the Property is taken, the amount that I owe to Lender will be reduced only by the amount of proceeds multiplied by the following fraction: (A) the total amount of the sums secured immediately before the taking divided by (B) the fair market value of the Property immediately before the taking. The remainder of the proceeds will be paid to me. If i abandon the Property, or if I do not answer, within 30 days, a notice from Lender stating that a governmental authority has offered to make a payment or to settle a claim for damages, Lender has the authority to collect the proceeds. Lender may then use the proceeds to repair or restore the Property or to reduce the sums secured. The 34 day period will begin when the notice is given. If any proceeds are used to reduce the amount of principal which I owe the Lender under the Note, that use will not delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs I and 2 above. However, Lender and I may agree in writing to those delays or changes. 10. CONTINUATION OF BORROWER'S OBLIGATIONS AND OF LENDER'S RIGHTS (A) Borrower's ObIlgadons Lender may alloy a person who takes over my rights and obligations to delay or to change the amount of the monthly payments of principal and interest due under the Note or under this Security Instrument. Even if Lender does this, however, that person and I will both still be fully obligated under the, Note and under this Security Instrument. Lender may allow these delays or changes for a person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling the obligation of the Note or the Security Instrument. (B) LaWals Rights Even if Lender does not exercise or enforce any right of Lender under this Security Instrument or under the law, Lender will stilt have alt of those rights and may exercise and enforce them in the future. Extension of time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shalt not operate to release the liability of the original Borrower or Borrower's successors in interest, Any forbearance by der-in-oxercising-any- g mod shall not be a waiver of ar preclude the exercise of any right or remedy. Even if Lender obtains insurance, pays taxes, or pays of er c aims, char r liens- ---- -- - against the Property, Lender will have the right under Paragraph 14 below to demand that I make immediate payment in full of the amount that I owe to Lender under the Note and this Security instrument. 11. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Any person wfio takes over my right or obligations under this Security Instrument will have all of my rights and will be obligated to keep all of my promises and agreements made in this Security Instrument. Similarly, any person who takes over Lender's rights or obligations under this Security instrument will have all of bender's rights and will be obligated to keep all of Lender's agreements made in this Security instrument. if more than one person signs this Security Instrument as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Security Instrument. Lender may _ enforce Lender's rights under this Security Instrument against each of us individually or against all of us together. This means that any one of us may W required to pay all sums secured., However, if one of us does not sign the Note: (A) that person is signing this Security Instrument only to give that person's rights in the Property to Gender under the terms of this Security Instrument, and (B) that person is not personally obligated to pay the sums secured; and (G) that person agrees that Lender may agree with the other Borrowers to delay enforcing any of Leader's rights or so modify or make any accommodations with regard to the terms of this Security Instrument or the Note without that person's consent. BX f 8091"G3653 Doc #20514 - M06 12. LOAN CHARGES If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits: (A) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (B) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. LEGISLATION AFFECTING LENDER'S RIGHTS If a change in applicable law would make any provision of the Note or this Security Instrument unenforceable, Lender may require immediate payment in full of all sums secured by this Security Instrument as that phrase is defined in Paragraph 19 below. If Lender requires immediate payment in full under this Paragraph 13, Lender will take the steps and may act as specified in Paragraph 19 below. 14. NOTICES REQUIRED UNDER THIS SECURITY INSTRUMENT Any notice that must be given to me under this Security Instrument will he given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice will be addressed to me at the address stated in the section above titled "Description of the Property." A notice will be given to me at a different address if I give Lender a written notice of my different address. Any notice that must be given to Lender under this Security Instrument will be graven by mailing it to Lender's address stated in paragraph (C) of the section above titled "Words Used Often in This Document." A notice will be mailed to Lender at a different address if Lender gives me a notice of the different address. A notice required by this Security Instrument is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14 or of applicable law. 15. LAW THAT GOVERNS THIS SECURITY INSTRUMENT This Security Instrument is governed by Federal law and the laws of the jurisdiction where the property is located. The borrower hereby consents and agrees that the debt hereby secured, or any part thereof, may be renewed or extended beyond maturity as often as may be desired by agreement between the creditor nd-an"ubsequent-owner-of-the-property,-and_no_such-rsnevralsx c-eension shall in env way affect the borrower's responsibility, whether as surety or otherwise.. The borrower and any other party assuming liability hereunder hereby consent and agree that if the property conveyed hereby or a substantial portion thereof is transferred to any subsequent owner, and the creditor exercises the right to accelerate the debts secured hereby, the creditor may accept any delinquent payments or other cure of default giving rise to such acceleration from the then owner of the property or any other person and reinstate the indebtedness in accordance with the schedule of maturity as of the time of acceleration or upon such new schedule as may be agreed if renewal or extension are otherwise permitted and no such reinstatement shall in any way affect the liability of such prior parties, whether as surety or otherwise. If any term of this Security Instrument or of the Note conflicts with the law, all other terms of this Security Instrument and of the Note will stilt remain in effect if they can be given effect without the conflicting term. This means that any terms of this Security Instrument and of the Note which conflicts with the law can be separated from the remaining terms, and the remaining terms will still be enforced. The borrower hereby waives its right to a jury trial. 16. BORROWER'S COPY I will be given one conformed copy of the Note and of this Security Instrument and hereby acknowledge receipt thereof. N 1809PG3654 Doc #20525 - PAMt`7 17. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER If all or any part of the Property or an interest therein is sold or transferred by Borrower (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person or persons but is a corporation, partnership, trust or other legal entity) without Lender's prior written consent, excluding (A) the creation of a lien or encumbrance subordinate to this Security instrument which does not relate to a transfer of rights of occupancy in the property; (B) the creation of a purchase money security interest for household appliances; (C) a transfer by devise, descent or by operation of law upon the death of a joint tenant; or (D) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Security instrument to be immediately due and payable. If Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with Paragraph 14 hereof, and Lender may, in accordance with Pennsylvania law, invoke any remedies permitted by this Security Instrument. Lender may consent to a sale or transfer if (1) Borrower causes to be submitted to Lender information required by Lender to evaluate the transferee as if a new loan were being made to the transferee; (2) Lender reasonably determines that Lender's security will not be impaired and that the risk of a breach of any covenant or agreement in this Security instrument is acceptable (3) interest will be payable on the sums secured by this Security Instrument at a rate acceptable to Lender; (4) changes in the terms of the Note and this Security Instrument required by Lender are made, including, for example, periodic adjustment in the interest rate, a different final payment date for the loan, and addition of unpaid interest to principal; and (5) the transferee signs an assumption agreement that is acceptable to Lender and that obligates the transferees to keep all the promises and agreements made in the Note and in this Security Instrument, as modified if required by Lender. To the extent permitted by applicable laws, Lender also may charge a reasonable fee as a condition to Lender's consent to any We or transfer. Borrowers will continue to be obligated under the Mote and this Security Instrument unless Lender releases Borrower in writing. 18. BORROWER'S WARRANTIES REGARDING FORFEPTURE Borrower states that he will not use, and will not permit any third party to use the Property or any portion thereof or interest therein for any purpose that would cause the property to be subject to forfeiture. Borrower further states that the Property has not been acquired with the proceeds from any tranSaCt. n nr activity _that?vonId_#hexchyCSese the_propcAy_to_he_suhjrct_to_forfeiture - -- 19. LENDER'S RIGHT TO REQUIRE 04MEDIATE PAYMENT IN FULL If i fail to keep any promises or agreements made in the Note or in this Security Instrument, including the promises to pay when due the amounts i owe to Lender, I will be in default. If this occurs, the Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. Lender may do this without making any further demand for payment. This requirement will be called "Immediate Payment in Full.- If i am in default for any reason, you have the right to demand payment of the entire amount i owe you. If Lender requires payment in full or in the event of a foreclosure action, I agree to pay reasonable and permissible legal fees, costs and disbursements, and that such total amount shall be paid by me with interest, as specified in paragraph 25, up to the day you actually receive such payment, even after foreclosure occurs. In any lawsuit for sale. Lender will have the right to (i) collect all costs allowed by law; (ii) have the Property sold as one parcel; and (iii) have a Receiver appointed by the Court without first giving notice to me and without regard to the value of the Property. Upon acceleration, Borrower shall have no right to reinstate. All rights and remedies provided in this Security Instrument are distinct and cumulative to any other right or remedy under this Security instrument or afforded by law or equity, and may be exercised concurrently, independently or successively. BK ! 809PG3655 DOC 420516 - PAW8 20. LENDER'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY If Lender requires immediate Payment in Full, or if I abandon the Property, then Lender, persons authorized by Lender, or a receiver appointed by a court at Lender's request may; (A) collect the rental payments, including overdue rental payments, directly from the tenants: (B) enter on and take possession of the Property; (C) manage the Property; and (D) sign, cancel and change leases. If Lender notifies the tenants, Lender has the right to collect rental payments to Lender without having to ask whether i failed to keep any promises and agreements under this Security Instrument. If there is a judgment for Lender in a lawsuit for foreclosure and sale, I will pay to Lender reasonable rent from the date the judgment is entered for as long as I occupy the Property. However, this does not give me the right to occupy the Property. All rental payments collected by Lender or by a receiver, other than the rent paid by me under this Paragraph 24, will be used first to pay the costs of collecting rental payments and/or managing the Property. If any part of the rental payments remains after those costs have been paid in full, the remaining part will be used to reduce the amount that I owe to Lender under the Note and under this Security instrument. The costs of managing: the Property may include the receiver's fees, reasonable attorney's fees, and the cost of any necessary bonds. Lender and the receiver will be obligated to account only for those rental payments that they actually receive. If I fail to make any payments or keep promises under this Security instrument or the Note, then 1 shall pay monthly in advance to you or to any receiver a fair charge for the use of the Property that i occupy, If I do not pay this fair charge, you or the receiver may sue to collect it or to remove me, or both. I will not collect morn than one (1) month's rent in advance from any tenant or occupant without your written consent. 21, LENDER'S OBLIGATION TO DISCHARGE THIS SECURITY INSTRUMENT When Lender has been paid all amounts due under the Note and under this Security Instrument the Lender will release this Security Instrument and deliver a certificate stating this Security Instrument has been paid in full. Lender will then deliver a certificate stating that this Security Instrument has been satisfied- i will pay alt costs of recording the Release in the proper official records. 22. ADDITIONAL CHARGES I agree to pay all reasonable charges in connection with the servicing of this loan, including but not timited--to-obtaining tax- searches-and-Sills--and-in-processing-insurance-loss-payments,-ownership---- transfers, releases, easements, consents, extensions, modifications, special agreements, assignments, reduction certificates, asset recovery and satisfaction of mortgage. In the event Borrower directs Lender to order any reports, appraisals, searches, examinations and/or the like, i agree that the expense for the same is to be added to the balance of the existing mortgage, if same is not paid within 30 days of written notification. 23. HAZARDOUS SUBSTANCES Borrower shall not create or suffer to exist, or permit any of its agents, employees, contractors, tenants, or invitees to create or suffer to exist any lien, security interest charge or encumbrance against the Property or any portion thereof, relating to any physical or environmental condition, including, but not limited to, any lien imposed pursuant to section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9607(1)) or any similar federal, state, or local statute, regulation, rate, order, or ordinance. Borrower shall not cause or permit any other party to cause or permit the presence, use, disposal, storage or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any environmental law. % 1809PG3656 Doc 620517 - PA14T9 Borrower shall promptly give the Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or environmental law, of which the Borrower has.actual knowledge or should have actual knowledge. If Borrower learns or is notified by any governmental or regulatory authority that any removal or remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take necessary remedial, removal, and other actions necessary to clean up and remove all Hazardous Substances, solid wastes, or contaminants on, in, from, or affecting the property or any portion thereof, in accordance with environmental law, to the satisfaction of the lender and in accordance with all orders and directives of governmental authorities having jurisdiction over the Property and/or such substances or materials. If Borrower fails to take remedial action, and upon receipt of notice from any party asserting the existence of any Hazardous Substances affecting the property that if true may result in an order, suit, imposition of a hen on the property, or other action, or if the lender in good faith believes would jeopardize its security interest, the Lender at its option shall take whatever action is necessary in accordance with environmental law, to clean up, remove, resolve or otherwise remediate the situation. All reasonable costs and expenses paid or incurred by Lender in the exercise of such rights shall be secured by the liens securing this loan and shall be payable by borrower upon demand by tender. Borrower shall indemnify, exonerate, defend and hold harmless Lender, its officers, directors, sharehoiders, agents, and employees, from and against any and all claims, demands, obligations, penalties, fines, suits, liabilities, settlements, damages, losses, costs, and expenses (including but not limited to, attorney and consultant fees and expenses, investigation €ees, laboratory expenses, cleanup costs, court costs, and other expenses of litigation or arbitration), as well as any such fees and expenses incurred in enforcing this indemnity, and any violation of any applicable environmental laws in effect on or before the date hereof or hereafter made offective. As used in this document, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law, and the following substances, gasoline, kerosene, other flammable or toxic petroleum products or by-products, toxic pesticides, herbicides and fungicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this document, "Environmental taw" means federal, state, and local laws, statutes, rules, regulations, judicial orders and decisions that relate to health, safety or environmental protection and maintenance in the :a? djctinn whP*e`tthPpert3t is lc&ated. 24. MISCELLANEOUS PROVISIONS (A) In the event that the holder of this Security Instrument be required to retain legal counsel for the purpose of commencing foreclosure proceedings hereunder, a reasonable sum shall be added to the said indebtedness, as fair and reasonable legal fees and deemed secured hereby in addition to expenses, costs, allowances as provided by law. (B) If this Security instrument involves a condominium unit, any failure to pay common charges when they become due shall be considered a default under the terms of this Security Instrument. (C) If I am permitted to cure a default of this Note or the Mortgage securing this Note pursuant to the United States Bankruptcy Code (Title 11 U.S.C.) or other applicable law, I specifically agree that the amount necessary to cure the default shall include the sum of all amounts past due under the terms of the Note and/or Mortgage, including all principal, interest, and late charges, and all amounts advanced by Lender pursuant to the terms of the Note and/or Mortgage, including all attorneys fees and interest rate required by the Note and/or Mortgage from the date on which I elect to cure the default to the date on which the default is fully cured. Nothing herein shall be construed to allow me arty right to cure any default of the Note or Mortgage except as specifically authorized under the United States Bankruptcy Code (Title It U.S.C.) or other applicable law. Sui809PG3657 Doc 420518 - PAW10 (D) In the event that Lender shall advance any money in order to pay Borrower's insurance, taxes and/or hazard insurance and/or any other judgments, liens, violations, or actions under paragraph 23, then Borrower will pay interest on the sums advanced at the rate specified in Borrower's Note. (L) in the event the premises suffers damage or Borrower's statements awYor representations have been found to be false prior to the disbursement of funds, Lender, in its sole discretion, may cancel this Note and Lender shall have no further obligations to the Borrower. Lender agrees that Lender will file a Satisfaction of Mortgage in the county this Security instrument is filed with the Office of the County Clark prior to cancellation by Lender. (F) In the event that any check paid by Borrower to Lender is returned unpaid then and in that event Lender may, at Lender's option, require bank or certified funds for each payment made thereafter. (G) In the event the Borrower(s) herein cause or bring any action, proceeding or petition for the assignment, liquidation or rearrangement of their total indebtedness under any federal, state or local statute, and in such event there is an improper impairment of the lien of this Security Instrument within the meaning of any Title, Code or local statute therein relevant, there shall be allowed, awarded and granted to the holder of this Security Instrument by the court or tribunal having jurisdiction thereof, reasonable legal fees incurred to protect the lien of this Security Instrument against such improper impairment, or in the event the holder of this Security Instrument is required to bring on any motion or proceeding to vacate any stay or compel rejection of any proposed plan. Such award of reasonable counsel fees shall be based upon the reasonable hourly billing rata of an expoTivaced Teat estatelbankruptcy practitioner within the jurisdiction of the court or tribunal, and without any reference or regard direct or indirect to the now disused theory of "economy of administration." (H) In addition, Lender shall be entitled to charge interest on all accrued interest, foreclosure costs, attorney fees whether incurred as a result of the foreclosure or the bankruptcy proceeding, or other pre-petition arrearage payable pursuant to or through any plan in the bankruptcy proceeding. The interest rate shall be the same rate charged under the Note secured by this Security Instrument. 25. ACCELERATION; DEFAULT; REMEDIES In the event of a default by Borrower, in any of its covenants and agreements hereunder or in the event of a breach of any of Borrower's representations and warranties herein, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand or notice to Borrower and may invoke any remedy permitted by applicable law. If the under requires ga_vment in full or in the event of a foreclosure action I agree to pay reasonable legal fees, principal and interest, costs and disbursements, allowances and additional allowances as may be awarded by any judgment of foreclosure and sale added thereto. After acceleration and until a judgment has been entered, I shall pay this total amount with interest, up to the day you actually receive such payment, at the following interest rate: 46% if this is a mortgage in excess of $50,000.00; or b) the Note rate if this is a mortgage bearing an original prinicpal amount between $5,000.00 and $50,000.04. After a judgment has been rendered, the interest rate will be the highest permitted by the state of Pennsylvania. In addition, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 25, including, but not limited to, reasonable attorney's fees, and costs of title evidence. Upon acceleration, Borrower shall have no right to reinstate. All rights and remedies provided in this Security Instrument are distinct and cumulative to any other right or remedy under this Security instrument or afforded by taw or equity, and may be exercised concurrently, independently or successively. ou l 809PG3658 Doc 426s19 - PAMfll BORROWER'S COMPLIANCE a) Upon the request of the Lender, its successors or assigns, I shall: 1) furnish and execute any documents required by the Lender to verify the truth and accuracy of any information provided by me in connection with my mortgage loan, including, but not limited to, income, employment, deposit and Loan authorizations and verifications, income tax returns, and contracts and settlement statements for the sate of other properties; 2) execute any document that should have been signed at or before the closing? r"xecute any document signed at or before the closing; and execute that which was incorrectly drafted and signed at the closing, including but not limited to, correction notes, correction mortgages and other correction instruments; 3} furnish any documents required by, and comply with any conditions, work and/or certificates set forth in Lender's appraisal report or term commitment; 4) execute any additional documentation and provide any additional information required by the Lender to facilitate the sale of the mortgage into the secondary mortgage market. b) I represent and agree that all request by bender will receive the full cooperation of and compliance by me within five days of the making of the requests, and the obligations hereunder shall survive the closing, c) It is further agreed that my failure to comply with the representations and agreements hereunder shall constitute a default under the note and mortgage executed in connection with this ogrcemcnt, and shall entitle the Lender, its successors or assigns to any and ail of the remedies available upon default under the note and/or mortgage, including collection of default interest, attorney's fees, costs and disbursements. 26. RIDERS TO THIS SECURITY INSTRUMBNt If one or more riders are executed by Borrower and recorded together with this Security Instrument, the promises and agreements of each arc incorporated as a part of this Security Instrument. (Check applicable box(es)) !Adjustable Rate Rider -.,-.Biweekly Payment Rider Condominium Rider -Graduated Payment Rider ?r-a,-l;:mi"ider Planned Unit Development Rider --Rate Improvement Rider -.Second Home Rider __,_V.A. Rider ..Other BY SIGNING BELOW, Borrowers accept and agree to the promises and agreements contained in this Security Instrument and in any rider(s) signed by me and recorded with it. DCMAK. CCKP L. CCMF UA i sag c3fiss Doc #20520 - PAM 12 STATE QZI -VANIA, c?MdtPie -County ss: On this p4ay'of April 2003 before me, the undersigned, a Notary Public in and for said County, personalty appeared DONNA M. COMP, MARLIN L. COMP and acknowledged the execution of the foregoing instrument. WITNESS my hand and official sea] My Commission Expires: Notarial Seal FMY tc M. Hefrelfnger, Notarypublic esberg Born, Cumberland County nauis?ion Expires N ov. 24, 2003 Member, Panr1sy1raMASS0CWcnolNWalies h; s to be recorded 1; • ` .t„ :: ?? land County PA -? Recorder of Deeds SKI809PG3660 Doc #20421 - PAMP13 ALL THAT CERTAIN TRACT OR LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POW ON THE NORTHERN LINE OF TEAKWOOD LANE, AT THE LINE OF ADIOINER BETWEEN LOT NOS. 75 AND 74 ON THE HEREAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LINE OF ADJOINER NORTH 12 DEGREES 54 MINUTES WEST, 105 FEET TO A POINT AT LOT NO. 63; THENCE ALONG LOT NOS. 63 AND 64, NORTH 77 DEGREES 06 MINUTES EAST, 85 FEET TO A POINT ON THE LINE OF ADJOINER BETWEEN LOT NOS. 74 AND 73; THENCE ALONG SAID LINE OF ADJOINER SOUTH 12 DEGREES 54 MINUTES EAST, 105 FEET TO A POINT ON THE NORTHERN , TjIENCE ALNG THE NORTHERN LINE TRAM THE POINT AND O PLACE FOD LANE UTES WESTO, T TO SOUTH LINE O ?7 QE WREES Ob MIN BEGINNING. C BEING KNOWN PLAN BOOK 34 PAGE 140.74 AND FINAL PLAN NO. I OF A RECORDED IN THE CUMBERLAND COUNTY REC RD ERS OF'FFIED IN BK f 809PG366 I _, Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach Florida 33416-4737 O C W E N (Do not send correspondence orpayments to the above address) WWW.OCWE,N.COM November 30, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147039639 Reference Code: 1110 Donna M. Comp 1021 Teakwood Lane Enola, PA 17025-0000 Loan Number: 101802403 Property Address: 1021 Teakwood Lane, Enola, PA 17025-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.21 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 a Ocwen Loan Servicing, LLC P.O. Box 24737 0 West Palm Beach Florida 33 41 6-4 73 7 O C W E N (Do not send correspondence or payments to the above address) WWVd.OCWEN.COi\t APPENDIX A November 30, 2011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HE MAP can help. you must MEET WITH A C ONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30 ) DAYS OF THE DATE OF THIS NOTIC E Take this Notice with you when you meet with the_ Counseling Agency. address and phone number of Consumer Credit The name Counseling Agencies serving your Co unty are listed at the . end of this No tice. If you have any questions, you may call th e Pennsylvania Housing Finance Agency toll free at (800) 342-239- This notice c 7 (Persons with impaired hearing can call (717 ontains important legal information If you ha ) 780-1869) ve any questions representatives at t he Consumer Credit A Counseling gency may be able to help explain it. You ma y also want to contact an attorney in your area. The local _ bar associatio n may be able to helpyouu find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Donna M. Comp PROPERTY ADDRESS: 1021 Teakwood Lane Enola, PA 17025-0000 LOAN ACCT. NO.: 101802403 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 8. Ocwen Loan Servicing, LLC P.O. Box 24737 0 West Palm Beach, Florida 33416-4737 y O C W E N (Do not send correspondence or payments to the above address) W W W.OCWEN. , Iv HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on. your mortgage for thirty (30) days from the date of this Notice During that time you must arrange and attend a "face- - l --1' ...,.,,+;.....v:+i. - of tha rnncnmvr rrPdit counseling agencies listed at the end of this Notice THIS MEETING ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the countv in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datel DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 z Ocwen Loan Servicing, LLC P. 0- Box 24737 O C W E N West Palm Beach, Florida 3341 6-4 73 7 (Do not send correspondence or payments to the above address) WWW.OCWEN.CO:bt NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 99531 from October 01. 2011 through November 30, 2011 DETAIL SUMMARY : Principal and Interest ................................. $ 1,504.76 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 75.24 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 292.00 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,357.86 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,357.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check, Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged propejU IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to I1ay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so by paving the total amount then. past due plus any late or other charges then du% reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.21 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach Florida 33416-4737 C C W E N (Do not send correspondence or payments to the above address) WWW.OCWEN.COtii EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIIM PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 Ocwen Loan Servicing, LLC P.O. Box 24737 0 West Palm Beach Florida 33416-4737 D C W E N (Do not send correspondence orpayments to the above address) WWW,OCWFN.COM November 30, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147039646 Reference Code: 1110 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 Loan Number: 101802403 Property Address: 1021 Teakwood Lane, Enola, PA 17025-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.21 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 s Ocwen Loan Servicing, LLC P.O. Box 24737 =t West Palm Beach Florida 3341 6-4 73 7 O C W E N (Do not send correspondence or payments to the above address) lk'WW.OCWEN.COM APPENDIX A November 30, 2011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This To s Notice explains how the p ee if HEMAP can help rogram works. vou must MEET WITH A CONS UMER CREDIT COUNSELING AGENCY WITHIN THI RTY (30) DAYS OF TH E DATE OF THIS NOTICE T ake this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Cou nseling Agencies serving your Cou nty are listed at the end of this Notice If you have any questions, you may call the Pe nnsylvania Housing Finance Agenc y toll free at (800 This ) 342-2397 (Persons with i Notice contains importan mpaired hearing can call (71 780 t legal information If you have a -1869) ny questions representatives at th e Consumer Credit Cou nseling Agency may be ab le to help explain it. You may als o want to contact an attorney in y our area The local bar association may be able to helRyou find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR'SU HIPOTECA. HOMEOWNER'S NAME(S): Marlin L. Comp PROPERTY ADDRESS: 1021 Teakwood Lane Enola, PA 17025-0000 LOAN ACCT. NO.: 101802403 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 a Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) WWW.OCWEN.CO?i HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act. you are entitled to a temporary stay of foreclosure on. your mortgage for thirty (30) days from the date of this Notice During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE rer.11.F.n11HnW TO CTTRR YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the countv in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you, have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT ring it up to date Z DACT91.21 This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 a Ocwen Loan Servicing, LLC P.O. Box 24737 0: West Palm Beach, Florida 33416-4737 O O W E N (Do not send correspondence or payments to the above address) WWW.OCWEN.C(}M NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 995.31 from October 01, 2011 through November 30, 2011 DETAIL SUMMARY : Principal and Interest ................................. $ 1,504.76 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 75.24 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 292.00 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,357.86 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,357.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check. Certified Check or Money Order made payable and sent to- OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DA period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.21 This communication is froin a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 8 Ocwen Loan Servicing, LLC P.O. Box 24737 a O C W E M West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or Y may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 COURT OF COMMON PLEAS OF DELAWARE COUNTY CIVIL ACTION-LAW JOSEPH K. REJENT, ESQUIRE STERN & EISENBERG PC The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #59621 Deutsche Bank National Trust Company, as Trustee for the registered Holders of CBA Commercial Assets, Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006- l,by its attorney in Fact Ocwen Loan Servicing LLC V. Manor Bathija Sita Bathija Hargobind Bathija Ramesh Bathija Defendant(s) Civil Action Number: 12-4481 COMPLAINT IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN & EISENBERG, PC BY: J E H K. REJ NT, ESQ. Attorney for Plaintiff The Bank of New York Mellon Plaintiff(s) VS. 4. w .P. ? IORAll !!,IBERl Atil0 ety URTOF COMMON PLEAS OF NEHNSyLVOWERLAND COUNTY, PENNSYLVANIA Donna and Marlin Comp Defendant(s) 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. Respectfully submitted: .r I SC l ? ?.. Date Sig ature of Counsel or Plaintiff 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: State: Zip: Is the property for sale? Yes ? No[:] Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ? No ?' Mailing Address (if different) City: State: . Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: Zip: Home: Cell: 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: How long? State: Zip: _ Office: Other: How long? Date You Closed Your Loan: Included Taxes and Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcycles) Year: Amount owed: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: Year: Value: Year: Monthly Net Monthly Net Monthly Net IIIIVIK111• GAYC11=M Ir ICOJG v EXPENSE ,,,? 1 - 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 ? Non If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Value: Model: Value: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: Co-Borrower Pay Days: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No n 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 The Bank of New York Mellon IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Donna and Marlin Comp Defendant(s) 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 Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 The Bank of New York Mellon Plaintiff(s) vs. Donna and Marlin Comp Defendant(s) AND NOW, this day of 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: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on CASE MANAGEMENT ORDER at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/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, I SHERIFF'S OFFICE OF CUMBERLAND C OUNTY 2 , Ronny R Anderson x % Sheriff rt ?a r tir ai uf?b?r?a7? -< i? c; Jody S Smith Chief Deputy °. + C7 Richard W Stewart Solicitor OFFICE --E S!-ERtFF The Bank of New York Mellon Case Number vs. Donna M. Comp (et al.) 2012-3666 SHERIFF'S RETURN OF SERVICE 06/12/2012 08:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 2023 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna M. Comp, by making known unto Marlin Comp, Husband of Defendant at 1021 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, 06/12/2012 08:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 2023 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marlin Lawrence Comp, by making known unto himself personally, at 1021 Teakwood Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.00 June 14, 2012 RYAN BURGETT, DEP4W SO ANSWERS, RON R ANDERSON, SHERIFF ?c) CountySulte Sheriff. Teleosoft_ tnr._ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY.-: , a-' -" CIVIL ACTION - LAW P 111 3: U JOSEPH K. REJENT, ESQ. STERN & EISENBERG, PC The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #59621 ''IBERLAND COUNT" 7) E'NSYLVANIA The Bank of New York Mellon, f/k/a, The Bank of New York as successor to JPMorgan Chase Bank, National Association, as Trustee for Renaissance Home Equity Loan Trust, Series 2003-2, by its attorney in Fact Ocwen Loan Servicing LLC Civil Action Number: 12-3666 CIVIL v. Donna M. Comp and Marlin L. Comp Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN AND EISENBERG BY: J E H K. REJ T Attorney for Plaintiff 6/22/2012