HomeMy WebLinkAbout12-6243STEVEN K. EISENBERG, ESQUIRE (75736)
KEVII*I P. DISKIN, EsQuII2E (86727)
JOSEPH K. RE.IENT, ESQUIItE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPxONE:(215)572-8111
FACSIlvIILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
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IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc.Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney-in-fact, Ocwen Loan
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
v.
Daniel J. Troutman a/k/a Daniel Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Tracy L. Troutman a/k/a Tracy Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Defendant(s)
Civil Action Number: ~ ~' ~ a~
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
~~u~ i
You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take
action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth
against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief
requested by the plaintiff. You may lose money or property of other rights important to you. s
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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, EsQUIItE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc.Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney-in-fact, Ocwen Loan
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
v.
Daniel J. Troutman a/k/a Daniel Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Tracy L. Troutman a/k/a Tracy Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Defendant(s)
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION -MORTGAGE FORECLOSURE
NOTICE
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 against the claims set forth in the
following pages, you must take action within
twenty (20) days after this complaint and notice
are served, by entering a written appearance
personally or by attorney and filing in writing
with the court your defenses or objections to the
AVISO
Le han demandado a usted en la cone. Si
usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace
falta asentar una comparencia escrita o en
o con un
a la
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 MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
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 demands en contra suya sin
previo aviso o notification. Ademas, la
corte puede decidir a favor del demandante y
requiere que usted cumpla con todas las
provisioner de esta demands. Usted puede
perder dinero o sus propiedades a otros
derechos importantes pars usted.
Lleva esta demands a un abogado
inmediatamente. Si no tiene abogado o si
no tiene el dinero suficiente de pagar tal
servicio, vaya en persona o llame por
telefono a la oficina cuya direction se
encuentra escrita abajo pars averiguar
donde se puede conseguir asistencia legal.
Lawyer Referral and Information Service
(Asociacion de Licenciados
Servicio de Referencia a Information 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)
10SEPH K. REJENT, ESQUIRE (59621)
STERN &EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc.Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney-in-fact, Ocwen Loan
Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
v.
Daniel J. Troutman a/k/a Daniel Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Tracy L. Troutman a/k/a Tracy Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Civil Action Number: ~a `~ d ~,?
COMPLAINT IN
MORTGAGE FORECLOSURE
vli
Defendant(s)
COMPLAINT
CIVIL ACTION -MORTGAGE FORECLOSURE
1. Plaintiff is Wells Fargo Bank, National Association, as Trustee for Park Place Securities, Inc.Asset-
Backed Pass-Through Certificates Series 2005-WCH1, by its attorney-in-fact, Ocwen Loan Servicing,
LLC (hereinafter referred to as "Wells Fargo Bank, National Association, as Trustee, by its attorney-
in-fact, Ocwen Loan Servicing, LLC")with offices located at 1661 Worthington Road, Suite 100 ,
West Palrn Beach, FL 33409.
2. Defendant(s) are Daniel J. Troutman a/k/a Daniel Troutman and Tracy L. Troutman a/k/a Tracy
Troutman, adult individuals with alast-known address of 320 Mount Allen Drive, Mechanicsburg, PA
17055-6107.
3
4.
5.
6.
7.
Under date of 10/14/2004, defendants executed and delivered to Argent Mortgage Company, LLC a
mortgage upon the property 320 Mount Allen Drive, Mechanicsburg, PA (the "Property")to secure the
payment of the sum of $94,000.00. The said mortgage is recorded in the Office for the Recording of
Deeds in and for Cumberland County on 11/08/2004 at Bk# 1887, Pg# 1176 and is incorporated
herein by reference as though set forth at length herein. A copy of the mortgage and legal description
of the Property is attached hereto and made a part hereof as Exhibit "A".
An assignment dated transferring the mortgage originally with Argent Mortgage Company, LLC
(Original Lender) as follows:
Assigned from Argent Mortgage Company, LLC, to Ameriquest Mortgage Company, recorded On
02/05/2007, in (book) 0734, (page) 0679, Cumberland County, Pennsylvania.
Assigned from Ameriquest Mortgage Company to Wells Fargo Bank N.A Recorded on
02/05/2007, in (book) 0734, (page) 0681, Cumberland County, Pennsylvania.
Assigned from Wells Fargo Bank N.A to Wells Fargo Bank N.A., as Trustee for Park Place Securities,
Inc. Asset-Backed Pass-Through Certificates Series 2005-WCH1, Recorded on
07/20/2009, in (instrument) 200925149, in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania.
Said Defendant(s) are the real owners of Property 320 Mount Allen Drive, Mechanicsburg, PA 17055.
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»
The said loan is in default as a result of the failure to pay the monthly installments of $951.80 due on
August 1, 2009 and on the same day of each month thereafter.
The following is due on the loan:
PRINCIPAL BALANCE ...................................................... $106,455.46
INTEREST accrued thru 08/03/2012 of ............................... $20,820.31
Interest after 08/03/2012 shall accrue at the per diem
rate of $18.16.)
LATE CHARGES accrued thru 08/03/2012 of ..................... $333.25
Late charges after 08/03/2012 shall accrue at the monthly
rate of $43.20.)
ESCROW ADVANCES ....................................................... $8,865.39
FEES BILLED ....:................................................................. $2 275.75
ATTORNEY' S FEE .............................................................. $5,000.00
LESS SUSPENSE (If any) .................................................... ($326.37)
TOTAL .................................................................................. $143,423.79
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.
fact, Ocwen Loan Servicing, LLC requests this Court to enter judgment for foreclosure of the mortgaged property
for the sum of $106,455.46 plus interest thereon of $20,820.31 plus $18.16 per day from 08/03/2012 until
judgment is paid in full, late charges of $333.25, plus late charges of $43.20 per month from 08/03/2012 until
judgment is paid in full, escrow advances of $8,865.39, fees billed of $2,275.75,attorney's fees of $S,000.OOand 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:
STEVEN K. EISENBERG, ESQUIRE
'KEVIN P. DISKIN, ESQUIRE
^ JACQUELINE F. McNALLY, ESQUIRE
^ JOSEPH K. REJENT, ESQUIRE
^ LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
WHEREFORE, Plaintiff, Wells Fargo Bank, National Association, as Trustee, by its attorney-in-
Date: August 3, 2012
I, the undersigned, an
Contract Management
JoAnr~4~!n
VERIFICATION
on behalf of, Ocwen Loan Servicing, LLC, its attorney-in-fact for
Wells Fargo Bank, National Association, as Trustee for Park Place Securities, Inc.Asset-Backed Pass-Through
Certificates Series 2005-WCHl, ("Plaintiff'), am authorized to make this verification on behalf of Plaintiff and hereby certify that
the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where
otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and
maintained in the course of Plaintiff s mortgage servicing business conducted on Plaintiff's behalf.
In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public
servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know
to be false.
0 od4 ~UI
Contract Management
Coordinator
U Vfl
a e: O t18 8 8
Tit e:
Wells Fargo Bank, National Association, as Trustee for Park Place
Securities, Inc.Asset-Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney-in-fact, Ocwen Loan Servicing, LLC
r - - . _ ,
L~~~ PIl'ii~ 8 fl~ ~~ QQ
prcparodl;y:Argent Nartgage Company. RUtemTo:
MlciM1ael Albandta Argent Nartgage Company, LLC
2550 Golf Road. East Toxer. 10th P.i). Box 14130.
floor,Rolling Meadoxs. IL 50008 Orange. CA 92863-1530
Patrrl Nttmbtx:
42282423014
(S~aoe A6ora TLY ILM 1?ar fish)
MORTGAGE
D1~N11TONS
words used in multiple scetioos of this doc+uscn[ ste deCtuM blow a~ other wattt+ are detitted iv
Setxioua 3, I1, i3, l8, 2t1 and 21. Certain roles teaatding the usage of words used m Ihu docttmwt arc
also provided in Stxdon 14. '"~ .
(A} "Saucily Ioadnament" a~eaaa this tlocrmat, which is datedUt:tober 14. 2004 .
together with all Bidaa to this dotauneat.
(!i) "Potr®wrr" is DANIEL J TROUTNAN and TRACY L TR01lTHAM
Battawer is the mortgagor ender this Seuuitp Iasttuttteat.
{C}"Letadd'is Argent Mortgage Company. LLC
Ltuderisa Limited Liability Company
OOfi4506595 -9705
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organized sad existing coder the laws of Oe 1 ara re
i,ender'saddtessis One C1ty Boulevard West Orange. CA 92868
I.atder is the mortgages under this Security Imtruratat.
~) °Note" ateaas tlr ptamiasory note signed by Borrower and datedOctober 14, 2044 .
'IhcNotesturar~tBaroweroweateodernfaety-tour thousand an4 00/100
Dollars
(U.S. 594.000. DO )plus interest. Borrows has promised to pay this debt it regular Periodic
Payment: and so pay the tkbt m Intl trot lakx than llOvetl6er 1, 2034
(L) "hopetg" mtznc the property that is described below tinder Ute heading 'Traasfa of Rights in the
Y•"
(F) "Lost" tttrma the debt evidenced by One Nate. Alas iaremt, any puepayatent dmtges sad late duugcs
due under the Note, sad all arum due tinder dtis Stxadry loat[ttmeM, pbas itterea.
(G) 'ltiylva" thew art Bidets to this Seatiry tnun>m~t that are erecttod bq Borrower. The following
Riders are to be executed by Borrower [check box as a~ppkicable]:
Adjustable hate Rids Condominium Rider ~ Seoaad Home Rider
Balloon Rider ~ 1'luoed Unit Developtnmt Rider ~ 1-4 Family Rider
YA Rider ~~~JJJ Biweekly Payment Riser C~ other(s) [may)
M "Appflcabte Law" means all tx>ntroQing applicable federal, state and lacat stattrta, tegulxiens,
ordinmces a~ adminisbcative rules and orders (that have the effort of law} as well ar all appiieahle foal,
non-appealable judicial apmioos•
(4 "Cotrttanmtty Aa:•eintiot Duca, Fees, and AsaatatnaaVa" means all dun, fan, asaeasm~ts a~ other
charges that are imposed on Borrower or Ore PropeAy by a comtomiuirm association, homeosroets
associer~ or simt7ar orgarizatioa.
(.q 'Ele~e Frauds 1~~s1'v" means aep traasfa of foods, other than a trrm~tioa originated by
checlr, dra@, or siarilar paper ias[rtuttent, which b initiated mtatgh an etocuvnie terminal, tekphaoic
imautnmt, compnrcr, a magnetic tape so as to order, itaautx, a authorize a fieaocial institraioa to debit
or tatdit m accottm. Sue- teom includes, but is not limited to, point-ofsde trartsfas, automated ttdkr
ma[$iae namsectiQm, itaosfas iaitiatad by telepbam, wile transfers, and automated dearioshonae
traosfaa.
(IC} "F.aaow Irma" means those items drat art detaxibed in Section 3.
(Ia "IlHardlttaetm t'troeeeda" oreaus anp cotnpenptioa, settlerneat, award of damages, or proceeds paid
by say third panty (otttrx that inrunna prooreds paid under the txwetages described in Section 5} Por. (i)
darnege ro, or destrudiort of; the Property: (ii) eotrdemotlioa or other tailing of all or any part of the
Property; Vii) comeyanoe in lien of coadermation; or (iv} mlaepreseatatioea of, or omissions as to, the
valor: atdior oondifloa of the Ptnperry.
(N4 "Moti~e;e Insuratee" means instrrtmce protaxia6 tender against the nonpapmmt of, or default on,
the Loan.
(m °Ptiiodic Pula+mt" means the regatarly sdualtOed amount doe for h principal and interest trader the
Mote, plus (ri) any anaHmts under Suction 3 of this Sec+uiry laeawoeat.
0064 0 9 - 4705
~WPA-aooa "°°•r~f° IO/I4l2004 7.27:3 FOf"~ trot
SK i 887PG 1 1 77
(O? "RF.SYA° mrma the Real Estate Senletoeat Ptoodnm Atx (12 US.C. Section 2601 a seq.) std its
i~leaeada~g regutadon, Rt'Satdadoa X {24 C.F.R. Pstt 3300), x they mis6t be unettdod from luxe W
time, ar my atiditiaatd or siraasor kgiaiuSop or tegtdation that gtwems the caste stdHect aster. As seed
is this Seturky tmtrtttrteat, 'RESPA' cetera to ail regti[enuuts amd temicaom< that ue impoood is esgud
to a "fedenily ~~ ~6~ loan" even if the Loan does sat ynalify as a 'federally reload mstttage
loan' +-ader RESPA.
(13 "Srtasor in tnsrrerc of lRorrnwer" meal say party that has taken title to the Property, whistler or
not that patty bas assanied Borrower's ohGgstioas tinder the Mate and/or this Seavity In:ontnaent.
TRANSFER of RIC;Ii'l's >N THE PROPERTY
This SmaitY instrument saattes to I,ender: (i) the eepaytpent of the L.oea, and au traewats, eztma~ asd
modificatiotn of dte Nate: and (ii? the performaact of Borrower's t;ovemats attd sgr+easmYa tinder this
gay rn.t.n...'wr sad tine Note. Aar this purpose. Borrower dos hereby nmrtgaBe. 8~ ~ ~Y ~
Lender the fonowinR described property located in the Country frype ortiwtocrdi~o°i
ofCUMBERLAND lNuaeofRa+ormne>uru~~,a.
LEGAL DESCRIPTIbk ATTACNED HERETU AND MADE A PART HEREOF:
which enrzmtiy has the address of 320 MOUNT ALLEN DRIV£
HECIIANICS9URG
{'Propetty Addrecs"~:
l~l
[Curl. t'eanaYlvaria 17055 lzpCodel
T0tiE7'FiER WITIi all the itttprovetttenta now or heraRer etnctod on the property, snd sit
casameats. appurteaanoes, and sow or hereaAe a put of the ptopeaty. Ail teplaceamis and
additions shat! also be coreted by ~ Security Isstnwent. AN of the foregoing is tsferted m in this
Secntity Iautttment a< the 'Property.'
~~At pooet
00645065 705
^w.s~e'° 10lid/2004 7:2 :13 ~"~ tint
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BORROWER COVENANTS that Borrower ie tawfidly seised of the effiau hcteby conveyed and has
the right m mortgage, grant and convey tie Property and tic the Ptopary is ttatetrcmmbe[ed, extxpt for
eactxnhranoea of record. Borrower warrr®ta and will defend gtxtmily tie title to the Property agaimt all
claica and dettnnda, subject to my encumbraooes of ttootd.
T#IIS SECURITY INSTRUMENT eombitses tmiform ooveaaats for aationai ux and nom-uniform
eoveaaata whit limited variati~ by jarisdiaion m coostidu a uniform security iastrtttoegt covajng trot
P~Y•
UNIFORM COVENANTS. Borrower asd Lender covenant sad agree as follows:
1. Ptaymeat of Ptindpal, ftateteaa, F.actsw Itaaa, Prelrytoeat t~ergat+ and Late Charger.
Borrower shag pay when, due the principal of, and itrtesest on, the ddtt erideaoed by the Note and any
P~Y~ chazges and late riarges dtx under Ste Notc. Botrotrer shag also pry (imda ti7r Escrow Mans
paaomt to Section 3. Papmeats doe coder the Nae a~ this Soooritp imettarrtac shall be tttade is U.S.
tstrtracy. However, i[ any check a other instrument ruxtiyed by I.rnda as payment ttttda the Noe of this
Security In~ttaar<ot is tattooed W Leader unpaid. Leads may tequiro that any or aB aabaegaeat paymmu
due coder the Note and this Secnrity Insttttmeat be made in a-e of mac of the foBowiag foraoa, ~
selocxad by Leader: (a) cash: (b) roawY order: (c) certified chock, btmk check. trvsama's titeck a
caehier's clack, provided a*ty such check is draaa upon sa imNmtion whose deposiu arc inataed by a
federal agency, aautaamtauty, or eatisy; of (d) Fleaconic Fonds Transfer.
Paymwts are deemed ttxaved by Lender when t+otcived at the lotatioa deaiignated in dre Nou or at
such other location as may be designated by Leader in accordance wNh !ie mice proWsiooa in Section l5.
renda,r may return my payment or partial paytr,mt it r1a payment or partial paytsteota arc ioatt6cirnt to
bring'de loan wrrptt. Leader troy accept arty PaY~t ~ P~~ Part imuvfYlcieat to bring tlu Lose
currea, without waiver of nay tights htxatada or ptejttditx to iu rights to refilae srch p:yrrtem o[ partial
payments is the lhtrre, but Leader is ~t obligrtud m apply meh payateata at the rise Bach payments ace
ate. if ach Paiodic Payatettt is applied a of its schedroed d~ daae, tbm [.coda treed raM pay
interest as umpplied fitads. Lander may bold such ruatppliad Ausda naNi Borrovrs mates payment to bring
the Loan carreot. if Borrows sax rot do m within a reasotrabk ptxiad of rime, Linda shalt either apply
such l6mda or ramm them to Borrows. if toot applied earNs, step fords atll be applied a lore outaodiog
priiaeipd balatta ttads the Note immediately P~ ~ foroctostee. No offiet or tJaim which Borrotrer
tnight have ttow or is the fiuwe against Candor smell teBeve Btuxovrer finm paymata.due corder
the Nate oral this Seatdty Insccumeat or pafotnting the covenants and agmeatanu saved by this 5eaxity
fns<n>mem.
2. ~-ppilctrtlon of Pa7meats ar Ptrooeeda. ErtoeQt as otherwise desetihed in this Section 2, aU
paympus accepted sad applied by Laster abort be applied in the following order of priatitp: (a- !t>~
due uadee the Kota; (b) P~ due coda tin Notre (e) amoaats d~ tmdet Sxdat 3. Such payments
shall be applied W each Periodic Paymrsn in the ortkr is whirl it botxtne due. Any iemabaiag ateonnts
stall be applied litsl b late charges, second tq my orbs attroaats doe under this Smutty huhtttaem, and
Lien b rt:dtra the ptinciltal balatxe of tie Note.
If Leader receives a payment from Borrower for a detiagaent Periodic Payttrent which ittdndes a
sufficient amormt m pay say late Marge dne, tie pay:rcnt may be applied to the dcliagaertt payment oat
rho torn age. U mole than one Petiadic Payment is ortstattdiog, Linder rosy apply nay paymaa rewired
from Botmwa b the tepayaneat of the Periodic Faytnau it, and m the extort fiat. each paytneat an be
OOb4 9705
®~rWa,lroeew °i"`°"' i0/14/2004 :2 :13 FOfq~ trot
~{ 1881PG l t 79
paid is full To the txteat that any t>ccesa eaisu after the payrreat is applied tD the 1te]1 pa}meat of tore or
mote Periodic Paytnrnta, stxh cases may be appled m any !sere tea due. Yattemmy ptepaymmu shall
be applied fast to any prepaytamr charges and rhea a, described is the tVam.
Any appticuion of paymeata, inautatece proaodtt, a Miatx9lattears Ptocecda m principal dne ender
the I~}ote deal[ aor sassed or postpone des due date, or deange the , of the Periodic Payaeeau.
3. Pleads for Escrow xteaoe. Borto>Arer shall pay m leader on tbt day Paittdk Paymmu arc due
Hader tht Mott, temll 1lte Tote is paid in fdl, a amt (the "Fteada") m provide for payntak o[ armttms due
fac (a) taxes tt~ assess»mta and tNia cram which tam attain priority over this Seentdp [mnumeat as a
Tien or cocumbrance oa the Property: (b) huaefidd palmeats err jrtxmd rents ~ the Property, if asy; (c}
prtasitma for any sad alt instttateee regtdr+ed by Ludo uada Section 5; and (d} 14IertEa`e leammce
pteaaiems, if anq, or my slams payable by Borroarcr to [ender is lieu of the payment of Mahe
laatuaace premtuaes in eooordana wits Ute provisioae of Section 14. T6cac came arc gilled 'Escrow
Items.' At origination or at say time daring tl1e tam of the Loco, !,ender may tegttire drat Camroaity
Association Dues. Feu, wed Asedaos-eau, if soy. be escrowed by Bottovaer. and such tea. lees and
assesaatmu shall be sn Bacrow [tem. Botrovre[ ales!! prtaopdy tuxaiah m !.cads,: sit erKioea of attnotemt to
be paid tinder Chia 5octioe. Hotnowa shall pay I.erdet tic Fiends for Asrtnw Itetra tatitas Ltatder waives
Borrower's obligatioe to pay the Pleads for any or all Exrow [terns. Lender may waive Borturwer's
abliRatioa m pay to Leader E§eads Car any or all Bacaow Items at any timt:. Any such waiver may odq be
in writing. to the event of steep waiver. Bormwtx shat( pay dittct(p, when erred when payable, the attwtmts
doe far say Escrow (rem for which payntrat of Placer has born waived by Leader attd, if Lads totpirts,
sbalt fiaadsh to I.eatier azceipu aridencias each paymmt within soc6 tine reriod as Leader may tngttite.
Borrower's obiigatioa to make Bach paymcatr and m provide rttwiQts shall fix all patpme:t be deemed m
be a taYVemttt Bond t~reemeat tamtaiaed in this Seaaaty [natrt~eat, as the phrase 'ooveeaa wed agteensdu'
is used in 5ectiaa 9. If Barowa is obligated to pay Escrow lesser dieeclly, puratraet m a waives. and
Ilorrower fans m pay the aaaDUnt tine far m Earroee Uem, Leader may exercise its rights mtda S 9
sad pay swill aeteotmt sad Jloaawer shat[ tbea be obiigaFOd under Sceti~ 4 to repay to Leader ae}r sac6
atmuot. I.atder may revoke the waiver as m say or aB Escrow Items err any boot by a atKiet gran in
acca<daoce wigs Section 15 sad. upon auh ttrora2aa, 8arrower siall pay to let>rler all Funds, wed io
sacs amouou. that etc rhea required tends this Seorion 3.
Laukr may. u soy time, collect and hotel Fnods in as amourx (a) suffer m paanit latter to apple
the Ftmds at the time specified tiler RESPA, sad (b) ~t to exceed the tmiximua anfoum a [eerdtr ~
require order RESPA. Leader shall animate ~ atttoera ere Rmda due oa the bade of annent data and
reasoosbie estimmes of expeeditutes of flmtr+e Faaow [more err oihawise is accntdana with Applicable
1.aw.
The Dada atudi be hdd is an innitotion wiaae depaaiu are iametnd by a federal agtmcy,
inaaetteeaulity, a aetity (indttding Leda, if leader is ao iattilttfloa wlrae depoelu are ao iaanred) a in
any Federal home Lnaa Hank. Leander shall apply the Fords m pay d-e Esaoaa Items tto lacer than the tiros
spcafied reds RFSPA. Lender shall as chatgc Bamwer for iettidiog wed applyieg the Huds, amaally
analyriag the escrow at:rnata, a vaiij~ieg the Baaaw Items, oolcaa [.ceder pays Borrower imetest at the
Fiends sad Appiiabk Law pettn[u Letda to tttafte strdt a charge. iJalesa as a~teemax is made is writing
or Applicable I~w mquird ia~aa+at m be paid on tLe tom. Rader shall not be eequited to pay Bortawer
any interest or armngs on fhe litttda. Borrower and [.eteder can agra in writing. leowever, tltu interest
0064 705
-siPAltoooa o.o.sa+e 10/14/2004 :27: 3 FO1O1~~ ~ml
8K i 88~PG l l 80
shall be paid on the Funds. Lender short giro to Borrower, without charge, an msnal Ming of the
u rap»ra1 by RESPA.
If there is a atuplua of Funds hdd in acmes, as definod under RBSPA, Lrsder shag account to
Barrou~a for the excea fonds is atxordaace widt RESPA. if thexa a a ahottagt of Ftmda held is eaanw,
as definod woda itFSPA, l,esada ssa!! notify Borower as rexltthad by RESPA, and Bortower shall pay w
[.ender the a~uat aaxssary m matt W ilea shortage in acmedaatx whh It&SPA, but in no more than 12
mtnnhly payments. If thane is a eleHeitstcy of Fonda hdd in canoes, as detittod Hadar lt$SPA, !.coder shalt
notify Hanvwac as required by RESPA, and Borrower shag pay to Lender the amo~t ncoessary m mdte
up the ekfinency in ttcoordance with RESPA, bnt is >m more than E2 taonUliy gaymeala.
[!pan paynxat in tug of ag stmx snared by ehis Saatrity tosrrtaoreat, Leader shall pnampdy retail
to Borrower any Finds held by Linder.
4. Charges; !.lens. Borrower shall pay ati taxes, assesanrsus, edtagea, fines, and impositions
utribtttable to the Property xhich cut attain priority Duet this Security lastntment, leatehotd paytaans or
ground rests oa the Property, if at-y, aM Co>oaruaity Association Deter, Fees, sail Aaasments, if ary. To
the extern that thane iteata are Esertpw hems, Bormwe:r stroll pal} thean is the nannoe ptovidael is Sexsioa 3.
Borrower shall promptly discharge nay lien which has priaiq ova this Sexurity Emttttroent tnrtexs
Borrower: (a) ~~ in wilting b the pnyrrKat of the obggation sextned by the lim is a miner aoeagrtable
to Lender. but only so long as Bortvwer is perforating arch agi~eat: (b) on~ata the ilea fin good faith
by, or de:fmds against eafotmnent of the lien ia, legal pruoeediags whkgt in Lender's opinion operate to
prevent the eofoCwta4nt of the lien white those pmcxdiags are pending. but oalp until such peocecdiags
sre caa:luaed: err (c) aecucrs tram tae iddcr of the liar an sgreemaa saeidacrory m t.~ subordiaurag
the liar to this Security &tswateaL if Leader elGetmina that any part of dte Lhopaty is subject to a lien
which can attain priority Drat This Security Iasuvment. Lesda may give Borrower a entice ieirntifying the
lien. Within 10 days of the date oa which that entice is given, Bormx~a shall sadsfy fhe lien eu take o>g or
emce of the actioaa set forth shove in this Section 4.
Lender may requits Borrower m pay a extertime charge for a real estate tax veriftcm3oa aodlor
repotting service used by Lender is comemtioa Rrith this Loan.
3. t'ropert) Irettraace. Benroover shat[ keep flte itrtpmretneats noes existing or hasaAer erased on
the Property insarat against loss by fire, har~erds iochded within the lean "txunded coverage,' wd my
arhu haratdt iachrdiag, hnt not limited ro, eacthgaates and floods, far which L,eoder ragrhes ioauraocc.
This inatraace shall bt mtintaiacd in the uaotmts (ittdttdmg dcetuctt'ble kvets) and for the periada thu
Linder tt:gnit:es. What Larder rt:quirea ptersttata ~ the proceding seote~ca cam change: dieting the rum of
the Laem. 7'Ye maru:titce carrier providing ~ iasureoce shall be chosen by Boaowa subject to Les~'s
right n disapprove Borrower's choice, which right shall not be eatereised uttr+easonably. header may
roquiro Beurowa to pay. in coaaexxioa wiUr this Loan. eithu: (a) a o~tlme charge for flood mac
dererminatiaa, catiBration sad tracidog sarioes: or (h) a one-time charge for fiord mac de~aation
sad txttiticufon scrricea a~ anbuqueax ebarges each tithe remrppiags err similar changes newt ahieh
teaaonahly might affect such dUuatina[ioo or eatiflcation. Borrower s4a8 also be respanaible far the
payment of any fan by the Fezleral Emergency Maoagemeot Agency is connection with the
review of any flood mac determination rexttNing from m objection by Borrower.
0064 9 -9705
e~-
-aetialrooos~ vp.aer~e 10114/2004 :27:3 t~wmJ03! tMt
9K 1887PG l 16 t
If Borrower fills to tnatnratn any of the onvenges deaaibed above, t.eaea ~ obtain inatsanct
covuage, as Leader's option tad Borrower's atpraae. leader is under no obt€gtaion w pmchue say
partialu type or tstt0ttat of ooveage. Thenefaxe, such co>xst~e ehaH cm-a Irtnirr, but aa8-t or tzs~ht
not pt~ea Borrower, Botrovra's equity is the Property, m the awseata of rte Ptuperly against Lary risk.
hoard err liab0ity ~d [night provide greater or Lesser coverage than was previoady is effect Borrower
admawledgea thst the cost of the iarnancx coverage so obtained Wright ugoiftaatly eaeeed the eon of
irrsrtrmoe that Borrower caald have obtained. Any sntOtsWS diabtraed 6y Leader tinder this Sedioo 5 shat(
btxome additional debt of Borrower aocured by this Sonuity taatruaoatt. T eae amounts shall bar iotarac
at the Note rate from the date of di+brsrsement astd shad be payable, with arch iuteseat, upon 0otice Itttm
lsnder w Borrower m9~~g PaY~•
AH ittsunnce policies tegnired by Irnder and teaewaLs of sock politic shall bt st>b{ect to [rack's
right to disapprove ouch ptilicisn, siratl iaclttde a smadard mortgage dtmsa, and shaft name Leads as
mortgagee and/or n an additional fors payee. Leader shad love We right m hold the pdicia cad teoewal
cettifiptes. If [ruder requires. Hotrawar shall proagtly live to Leader ad receipts of paid praeiuan and
renewal notices. if Borrower obUtina any form of iassr[aoee co~rsgo, not othervrix raprirod by Letaler,
for damage to, or deatstsaion of. the Property. etch policy shall ittclnde a standard amstgage donee and
shalt nrme tender as mortgagee ttndlor sa m dditional lose payee.
In the evtar of loss, Botmwer 5641 give prompt notice n the inau'amre carrier and Leader. Leacec
rainy nmitc proof of loss if not rode promptly by Borrower. (anions Lender and Borrower odtertriso agroe
in writing, sny itrsarance procada, whether or not dw wdalyiag ;ttmcmoe was by I.eadrr, shad
tx applial to restotatioa or ~ of the PropatY. if the rtn6ontl0a or repair Is etbnoraicaily feasible cad
Lender's saarrity u not leasated. Daring such repair and resoortiiam period. Lender shad (tare Use right to
hold sttcb isrrtuartca procaeaa tma7 Lender has had m opportunity ro bnpeet soeh Property to eoauee eft
work has been completed m Lender's satisfaction. proridad elan arch impeetian shad be tradcnakgt
P~Y• Leader Linty dirbrese proceeds Ease she repaus cad restoratieon is a aiagk payment or io a series
of progreaa paymeaq as the work is oomploted. Udess m agtmamt is roadie is writing m Applicable law
rrgrtittee interns[ to be paid im sudt ironrmce prooeede, Leader shall not be regaiied >A pay Horrowrr say
iate[est or eatuings on sack ptooxck. Foes for public attjnaters, or other third puflea, tetttinal by
Borrower shall cot bC pall otu 0f the iswtraaoC ptoceada and shad be We sole obligation of Borrower. If
the na6oratios or tspair' is trot moaomiaBy learible or Leader's seeariry wo0id be ksaeaed, the iamrbscY
proceeds shall be applied w the soon seared by this Security tnstnlmax, wttr:sha or rot thin fine, with
the exos+s. if any, paid to Borrover. Such insurai5x proceeds shah be applied n the order provided fen in
sectiw z.
[f Borrower at>wsd0rrs the t?ropaq, [.ender may Sic, negotiue cad settle mY ava;l~le intnmtx
claim cad relaxed matters, if Botrorver does cot reapoad vitbio 30 days to a nWia from Leadtx that rise
insurance carrier floe of!lred to sdde a daim, then Leader rosy tsegotiase ant settle the daim. The 30-day
paled will begin when fire notice is given. In eidtcr event. or if Leader acquires the l'ropatY wrier
Section 22 or otherwise, 8orrotac[ hereby arsigns to Irndv (~ Borrower's rigtsts to amp iapuaaee
groa+ede la ere aawtmt not to eaoeed the amounts ttapaid wader the Note or this Severity lnstnmtent, cad
{b) aay other of Borrower's tights (other than t-e right to any refund of tt0e.raed premimu pdd by
Botmara) under ad irrsturnitx policies covering rite Property. im0far as sttdt fights ate applicable to the
coverage of the Propuiy. Lends may ax the itrtrtnace ptootxds eidter to eepair a raoore the Property or
to pay am0tmts ustpaid under the Note or this Secariry in>t<tmtent, w6eU-a or not circa due.
QOb4 6 9705
~stPAitoooq ..s.aa+e 10!14/2004 27: r-a~~~ 1101
U~VO~Ct>t1 tC~2
6. Occupancy. Borrower shall otxnpy, estnblieh, and rue the Ptuperry as Barrorrer's prhtcigal
residence within 60 days after the cxecutiott of this Seauity Inshwneat wed shall contiaoe m oaarpy the
Property as Borrower's principal traidettee for at least ox yar atkr the dare of oeuptmcy, unless i~kr
otherwise agroes in writing, which content shall not 6e aureawaubly wkhheld, as unless extemnting
citauttaattces exist arhich arc beyond Borrower's control.
7. li'XY9Qt4tlrln, lVtatatetramee and Pteteetloa of the Property; Ibspeedoas. Borrower shalt rot
destroy, damage or impair the Property, allow the Ptnpetty eo deurlorate ttr ewmmit waste oa dre
Property. Nhdher or not Bo[rowet is realdmg in the Property, Borrower shall maintain the Property in
order to prevent the Ptopaty iron Hoag or deadsirig in rahae doe to its aon~taa. Udeas k is
determined pursuant to Section S thu repair or trsroraRioa v not aotanaiadl7 fsau'bte, Borrower shall
proa~dy repair the Property f damaged to avoid further deleriosrxeoa oa• daseage. [f iosurmnx or
ootrdamoatton protzeda are paid is weaeceion with datmrge ro, a dte rating of, the Property BotroweY~
stall be responsible for enpairittg or ttxtoting the Property only if ieoder bee released prnoeeds for ouch
purposes. Lender may disburse ptot~tQs foe the ttpain and rmtoration in a single ptrymwt of in a reties of
progress payments as the wort is coropktod. If the iosuratxe or aondmnostan proceeds are trot sntlfieimt
to repair or resttrre the Property. Borrows is not relieved of Borrow~ec's ohligatioa for the campletica of
such ~ or resroratioa.
l.~der or its agent easy mate rraaoeable carries npox and itffiporaiooe of the Property. if it has
reaaowMe cause, Lender racy inspect the interior of the iatltrovernests oa 16e Property. laada shell give
Borrows trance at the timC o[ or prior w atxh aQ inte"rior ioapectioa apectfying srteh ttaonaMe rouse.
8. Borro+rer's Loan Apptlcatt3ou. Borrower adtdl be in de(auic i[, darriag me Loan application
process, Borrower or any persons or enitiea acting d the direction tsf Borrower or with Borrower`s
lmowkdge or cwateat gave materially false. misleadm;, or i~cauate iafor or at~meMS to Leader
{ar fatted to provide l.mder with material mformatioa) is oormxlioa wilt the Loan. Material
reprasentaaiom incittde, but are abt limited to, represeertafloas tuncerniag Borrower's occupancy of the
Property as Borrower's principal reaidmce.
'. Proteatien o[ Letadd•'s lataot io the Pteperty trod Rig)sts IInder thin Secatlt! Iedrotoeat. if
(a) BortzPwer fails to perform the twv~ts and agrocmeWS contained in tb& Sewriry Inatnrmem, (b] thet+c
is a legal protxeding the might sigaifiuady affax L.ender's ioternt in the Property mdtor rights nor
this Security Iasttarrteet (sock as a protxcdiag m baaknrprcy, pmMte, for catdamdion or fgriciette, for
enforcement of a lice which may artam priorfty over this Severity lnatrtmueet or to enforce Iaws ar
reguhtti~s), or {c) Borrower has abaedoned the Property, ttea Loader troy do sad pay for urhatav~er is
reasonable or appropriate to protect Lender's iMerrnt in the Property sad rights ender this Seauiry
instrument, including pmtaxmg audfor aatasiug the value of ~ Property, and aerrerrtiog aodlor nspaniriag
the Property. Leader's atxiom can include, but ate not limited to: {a) paying soy sums secured by a lien
whirls has priority over this Scarcity foutrnttratt; (b) appearing let corAr wed (c} Paying reaeoeabte
attorneys' fees to protect its iatelat rn the Property aadlar rights aneder thin Searitp htatrtnrrent, iacltrdiag
its secured poskion in a btmlanptcy ptocoodiag. 5ecuriag the Property lndndes, but is not timiaed to.
eatsriag the Property w mate repaia, cienge locks. replan a board up does and windows, data water
from pipes, eliminate building or other code viotatitma or dangerau cottdkions, and have utilities turned
on or ofL Although Deader may rate action nailer this Saxio- 9, Leader don rot bare W do so and is not
nailer nay duty or obligation m do ao. It v ngreod that Lender inure no liabBiry fbr not taking any or all
actions anthorizsd node this Secrion 9.
00645_~1~~~~705
~~Atpocea ~svfe 10!14/2004 7. 7• Foem303s trot
g~tigglPGl t83
Any amomta disbursed by Lender nods 1ltis Seuiaa 9 shat! become additieasl debt of Borrower
scared by dais Sxusity tagnemmt. Thex annuota shell bear idaest at doe Nose rate 5tom tie date of
d'tsbuuseneeett sail shall be payable, with such intadt. npoa ttotke frrmr bender b Btutowa tegrestiog
paY~-
!f tits Saauity Lrsttomaet is oa a kasehoW, Honorver shall comply with al! tYe provitlona of the
isase. [f Borrower acquires foe titk b tEue Pyoperty. the k+oehoid and the foe 6tlue sill trN age udeu
Leader agras m ttrc mega b writing.
10 Insursace. If I.eadtx rrquirrd Mortgage ineutooe u a taoditioa of asalting the t~oaa.
Borsorrs shall pay the ptsmiume t+egtdred w mait~in tie Mottgtt'e ioanrnsoe is effort. If. (ix any teasoe,
the Mortgage hrstttrmce covengc cognised by I.tadet vases b be avta7abie from tale inottgsge ittsntar that
Pre*iomty provided surd iasuraoce and 8otrower was rrquireci to nmkt saptu~Mr2y daidaabd Paris
toward the prt~miums for Mortgage issaraace, Botrmva' shill pay the preariuaa required n cubtaia
coverage subatuedaLLy equivahmt W the Morigafe Inaaratea prerioualt to effect, at a oust substsetially
equivalent a the cost w Borrower of the Mortgage hraurance preriordt is effect, from as akernue
nrortgrge insurer selected by Lear. ff arbauntiaBy equivalent Mortgage htssurance coverage is ad
avar7abk, Borrows shell oaaNaue to pay to Leader the aaoatat of the separately designated paymeaw fat
were due whm the irottrutce coverage ataed to be in effect. Lends will aaxpt, rate std ttuia these
paymrata as a non-refnndable bas usave in lia of Mortgage Bmtsawce. ~h bas tetwrve sh~dl be
Iron-rctodaMc, rotrrithtarundittg the tact that tie Lmm is ultittrtteiy paid in full, and Leader shag trot be
Inquired to pay Btrrower say iatawst or eatnifsge on sttch loss seaerve. Lender can m tottget sequirc h~
reserve payoacros if Mortgage htaunma oaverruge (!n the ataomt std fiat the period that Lmda t+egedtal
provided by as iaatra seixted by frailer agates btacamrs available, is atxaised. sail Leader requires
separatdy daigmted paYmmis maard des premiusx for blortiaae Imuraooe. If Leader regained Moetgs~e
Inauraoa ere a condition of milting the loan soil Bestows was regalred b steles tu~saady designated
payments toward tfx prrminrae for Mortgage fauurmaoe, Borrows shall pay floe pt requiaed to
maiawia Mortgage iocutana in effixt, o[ to provide a aces-mfmtdabk bx reeerx, tail fender's
regtdteareat for Mortgage lnaoraace ends in aaotdrtsx with ary wcittar t btrween Borrorret and
Lends providing for snrb termination or trail temtinatioa is rogttirrd by Applicable fir. Nethiag m tits
Section 14 afkets Boregwa's obltgatioa b pay interest at the rate provided is Wt AMre.
Mortgage: lomoeoe roimburses Leader (or aa9 enlitt that purdtases des Nose) for artaiu losses it
rosy iaarr if Borrows dots sot repay tie Lan ere agcad. Borrows is rot a pally w des Mortgage
tnstram.
Mortgage iasrcers evaluate ffieir total risk on all sntfi irraurmce m fora from. tiase to titres, and may
ems iron agrae-oteou with other parties that Shen or tmdify their risk, or mdna lase. Thee agropnenb
are on tams and conditions that art: aatiafactory b the mortgage grater soil thtt orbs party (or parties) to
rheas agtamcnta. Thtxe agroeataua may rognirc tlx ntostgage imarer b raaloe paytttetpa tmiag oY source
of lhnda that the mortgage insurer may love arailabk (which may iacltedo funds obtained fiotn Mortgage
bravranoe proatittmr).
As a r+eaedt of rhea agremteau. Lerida, any pnceharar of the Note, a.othar tsars, soy teimnra,
any otter mtity, or say affiliate of say of the forrgoiag, may receive (directly err indjr~aedq) amopms dtua
desire from (or might 6e cha:actaized as) a portion of BornoweCs paysrmts fist Mortgage hearcanoe, io
eztsyaage for sitesiag or modifying Qu mortgage imnrcr's risk. or redueing hwex, If sash agroenxmt
prorides that as affiliate of Leads takes a strarc of tWo imuret's risk is etccitmge fns a slate of the
premhtms paid m flue iasttra, d<e acraagaaent is o1Lea tesmod "aptive tetatsrsoeo.' Posdter:
(a) Any sash a=re~is wYl am affect floe amarmts tint Bocrowa fns agreed to pay for
Mortgage Inawaace, or sat wirer tests of the Loo. Such agnomeata wt71 sot iacroaaa the aaaoomt
Borrower will owe far Mortgage fmuraooe, ffid they wBl sot eatltle Dorurorrq' to ant refMmd.
0064 9 9705
®~tPAlaooa eipi'af0 10/14/2044 27.3 F"""3o39 trot
B1(1887PG { 184
(b) nay a»ch a@rammts «~l sot ,dirt the rigbta Borrortar bas - it my .with raped to toe
Moattlage lnatdtaoe tmrkr the Hamemraay Aatedion Act sf 199i or soy etbeC Intr. 'There ruts
rtxy ladade the right to cadre certain rflsclpatarer, to regadt amd o6tait, tgmeJiattm e! the
Maalgage istsance, b bave the Mortgage hsaunrtee tmvtMabal anterndically, andfar to Haire a
teflad of say Mortgage Ionaaoee prmdumts th+t aa'e tmtsrned M the time of sneh easariatlen or
taarisation.
il. Asaigammt of ht9sodlaneosrs Prooeedr; Forfdtmre. Ail Miacelianeous Ptoaeda are ~Y
assigttod to and droll be paid to I.atd+s.
If the Property is darnrged, such Miacdlaneoat Proraeda ahtil be applied w testontion or repair of
the Property, if the restoration ar hair. is wily faaibk and iader'a socaaity is not kate+tcd.
During stub repair sad restoration Period. Lads shall lane them manse the work~cam~ w
until Leader las bed ao opporttrt~y to inspect ouch Propaty
Leader's srtistatx5oo, Provided flat such inspection shall be tmdatatm prvaptly. Grottier map Pay for the
repairs and tnstoration is a single disbatsearent or is a series of pnogtea paymeuta a the work is
coaapltrded. Ualas an agreaneot is made in writipg a Apylicabte law rognird m[ete+t to 6e paid oa mtcb
MiscxBaneons protxeda, Lertdat shall not be regntred to pay Borrower any iaaesetc or amioga oa sach
Mtsrdhtaeoua Procctds. If tle rploratioa or rquir it not ecattotOiaUly feasr~te: or Leader's aotattity would
be 1eate+aod, the Misallanewts Proceeds shall be sipplito Borrower ~ Mk dlaoeom Prooeedr
whdher or ~t rhea doe. wig the , if ffiy, P~
applied in the older provided for is Satiaa 2.
Ia the eveai of a sofal tdoog. ddtrOdiOn. or ions in valve of We Pmpesty, the A[iatxdatmons
Ptocaeda shall be ttppliod w the sttr0a sewred by this Sxariry lnattmtretK. xhtrlrx or not rhea tine, wiUt
the eueess. ;f ate. paid to Borrower. m which Use (air meitlcat
In the even of a partial rating, deatrtrction, or loss in talus of the PtOpary .
slue of the Property intnredratelY before the partial rating, deaattaiott, or loos io va[ne is equal to or
greats tbm the amonot of the auras reused by tbia Security hmnrmeat imm°'d'ately before the partial
taking, dattuction, ar laa iu vaMe, tteleea Borrower sad Isndv othuwite agtoe in , rite arras
aoeated by this Seraaity laatruraeat ahaR 6e rodtrmd by the amonat of the Misodlaaeom Premeds
nruttipNed by the following fracuoa (a) die mtal amount of ~e fair marYet tyhc fore the
partW tafdag, destrrrdion. or Cosa is vahe divided by (b)
imna~ely befvrc the paatlal tatirtg, dntructtoa, or loos in vadtte. Any -ahaoe dtaB be paid ao Borrovrcr.
In the Brent of a partial rating, deeavdion, or loot n rake o[ the Property is whidt 16e fair nnrtet
vahte of the Property imtnediridy lefore the partial rakieg• dwtrtwtioa, ar lost ip vatoe is kas thm the
aruawt of the ammo secnrod ;mrnediartely before the Partial taking, dmftuaioa, or lom in value, unless
Borrower and I.cnda' otheradse ~ is writing. the Mitodiaaeout Pmcals shad be appled t0 the moos
secured by this Security Insuaaoea wheths or sot Use saros ae rhea title.
if the property is ahasdOned by Boaower. or if, after nntiot: by under to Borrows chat rlx
OPP'~6 Party (as defined ht the nett aeaaxce) of[eta ro make m award to sntk a claim for dariages,
Boaows fens to reapoad to Lender wNbin 30 days after the dtae the online is given. Ltsds is aathOrixed
to Dollar std apply the Miaedianeous Proeuds tither m restoration or repair Od the Property a ro the
sur0a seared by this 5ecnrity htstrumest. whether or Hat that due. 'Opposing Puty" rows the Third party
that owes Borrower Misceilarveovs Ftomeds or the parry against whom Bortowar has a rlghr of acdoa in
regxd m Mism[lanoous Proceeds.
$orrower shall be is dedsatt if say adiat ar promodiag, whether civil or criminal, is began that. in
Lendv's jrtdgrornt, could result m foridtme of the Property of other ntataial ~ of Gender's
iatsest in the ProPertY or tights vadtx This Severity laelntment. Harrower can cure such a default and, if
acalrxriion hat ocurrred, reinstue as provided is Seaian I9, by causing the colon ar pr~ocoeding so tx
4064~~~T05
{®-eiPAt noon °ap"°"` 10!14/2004 27: Farm 3039 t/0~
v
~>j887pGt !85
dismissed with a ruling thad, M Leader's judgmeo , prechdes forfeittrie of rise Property oc ther material
impelmsent of Leader's intecat M the Property ~ tights order dtis Sacwilt lmttmoeat. 'ire proaedt of
any award or claitn for datttngea that atr+ attributable to the irgaairment of Lender's interest m fire Property
ate hereby aaitgnM nerd shall be paid to Let-der.
All lNisallaaeoas Procaeda than att apt applied m teatoratioa or repair of the Property shall be
applied is the otxatx psavfded for in Section 2.
12. Batrowar Nat Rdesed; Forhearaace Bp I.mder Not a Walwr. Extrasioa of the time for
paY~ or modi5cation of amordzatioe of tlm Sams sottued by Wis Security ~uawt graasted by Lurkr
to Borrower or a>nr 9ttcctuor is Iatuest of Borrower shall t-ot operate to rdase rite liability of Batrowtx
or any Suc«asots in lttteeest of Borrower. Lender tat be required to watmeotx promodiags agaiort
any S>r in totetat of Barawer or to reflrse to extend time for payment or othuwiae modify
amortiaasiaa of the sums searted 6y ibis Saurity insururteot by reason of not deaaad made by the odgiaef
Borrower or nay Slraxgors in Luaea of Beatower. Any facbaottce by Leader in exercisio` anp right or
Suoeasots In~ter+wt~ofEorreker or u- amounts oamotm ~+ ~ nowat~va ~ or
pnochrde the c7terrise of soy nit or rttrtedt.
13.1a1nt nerd Serer,tl Lttbifity; Co-algttas; 3aaeasots asd Aesdgsa Botmd. Bocmarer coveomss
and agree that Borrotsu's obiigativos nerd liability shsil 6e faint and several. Howcwr, say Borrower oho
eo-aigt~ this Setarrity hsgttttnent lint does ant exaane the Nose (a "co-signer"): {a) is eo-sigping this
Saxttity laenutneot Daly to mortgage, grant and conaey the eo-aigtter's lnwent in rite Property under the
rums of this Searttp Irnirtwarnc; (b) u not pcraoadly obligalcl a pay the sums centred hT this Seeautty
laatrttntast; and (c) agree that Lender and nay other Boaovrer can agree m exEeod. modify, forbear a
make any aceomawdatioos with regard m the terror of this Saucily Imtrumeal or rite Nok without tht
m-signer's ctrttxat
Sabject m the provision of Section 18, nay Sutxxssor is Ittteteet of 8ottotvu who asmo><s
Borrower's obligadas under this Inatttmteol in writing, and o approved by L~ertder, shall chitin
all of Bortawub rights and beaafita undo thi: Securhy hwntmertt. Borrower shag not be tdeeaed from
Bortawu's obligatkas amd liabiiiq rmdes thlt Security lastwmmt aaleas i.eader agrees m each rebore is
ranting. 1'he coveoaatt asd agroastaota of this Security IntttnatetN shall bid (except as provided in
Sectio7n 2~ and t>roe(it the stacotasars sod m+i8n of leader.
14. Loan C4nrges. Leads msy chaegC Borrower foes for services paiaated is oernectioa with
Botnower's defwtit, for the ptttpne of protoctiag Leader's intsteat in the Property sad tigtss tinder this
Satnity Inst[u®teM, ittclnding, but twt lirttited to, attorneys' fns, property ittspouioa nerd vahtatioa tas.
Lr regard to sny ttihu fns. tot: abtmtx of eatprds wlAority iw flier SecarIty htmwnmt to charge a specific
fee w Borrowtr shall tat be ooastraed ~ a ptahibidoa an the r of Sidi fce. Leader may tat ~e
fees that are a:pressly ptohibitod by this Seeatiryr b>s'tn~ or by Applicable Law.
if the Loan is snbjat m a law which sets mmrimam Man td~s, sad that Ltw is finally mtapmod so
that the iatser+eat ox other town cLtxgea collected m m be~ caliecoed in oomtection rri16 the Loan exceed the
permitsed Lmita, then: (a) nag etch i0att charge :hail lie torhaced by the atmotnt nocrnary m redree ~c
dsarge to tho permitted limit; arid (h} nay rims aheady ooRoGad from Borrower whkh exceeded pemtitted
I'uoits will be refunded to Borrovrer. Lstsdet a+sy choose m torte this retlmd by reducing the priacipat
owed wader the Nate or by nuking a drat paytuetx to Btxrower. If a trd'itad reodttca pritxilnl, the
redtttxion will he teetted as a partial prepayment without nary prepayment charge (whedta of not a
prtpayaodtl cbx;o is provedcd far under tae Nate). Bastrower's ameptaoa of mJ' such refund mde by
direst pagmeat to Borrower vv11 c~stitute a wtitxr of aey right of action Botroaxr might lure arising out
of artch ovadaarge.
13. NoMca. All notices given by Bormwa or Leader in oounoction with thti Security tastttamea
must be in wt~ing. Any notice a Borrower[ is coeaectioa with this Secttciry htsgtmimt shall be deemed m
0064 765
~alelNrmao '''r'"«'a 10/14/2004 7:27: Faw3Q39 trot
Bt{ 1887 PG 1 i 86
pave bxn gives to Borrower when snarled by fast daas melt or when aotuafly delivered ro Bormrer's
notice addtesa it seas by other mans. Notice to say trte 8ormwer shall comlitWe tsotice ro all Botrovrers
unlda Applicable Law eapresaty coquina otherwise. 'the notice address ski! be the Pttrpaty Address
emku Botrowa has desig~saaod a sttbsigate entice address by antler to Leader. Borrows shalt Fro~ptty
notitp [.cndrr of Botrowa'a tip of adtiteaa. TE Lewder sQxifus a prooedtuc For feP~6 Bomower's
claege of addttss, then Boaawu sha8 oeiy tepart a ~ of address through that apetdtied tsooodtas.
'!!rare oeey be ody one designated notioe addrese under this Security loMntnaent at say one thtan. Aay
oota~e w Lender shall be given by delivering it err by tmiliaa it bl Aryl daas mail to L,euder'a adQreas
stand herein etatlese Lender pas daigaeted anor><er eddtess by entice to Botmwa. Aqy notitx is
cottaectian wiW this Seauiry tnauomwtt shall not be dtxmod to have btsm g'tvea to Lender ®til actually
received by Leader. if ~y notice rngtrked by this Seatrlty lastceaoeat b also tttgaiac3 tender A~~
Law, the Apphrablt Law regtrirt;meret wi11 satiny the corrwpomdiag tregttuttnt:at nadir this ty
lnstretturnL
li. Govataa6 Law; Seve~rebiiity; Raley 4f Goaairaetietn. '[his Security lautntaent alai! be
governod by federal law and the kw of the juriadictioa is which the Properly is incased. Alt tights std
obhgatiom ooate6eed in this Sxurity Iseuvmeoc ue subject m say rquiraonaa and linnitamons of
Applicable Law. Applicable Law might eutpliat~y a i~ficitly allow the patties ro agiee by anoraa or it
might be silau, but each siieaoe shah not be ootratraed to a ptoLibirion age asteemreat by coaestax. to
the: event that any pmvisioa or clanae of this Stcutity Iastrami or the Note oontliga with Applicalee
Law. wcln cooflier shdi not aspect ahtx provisions of this Seauity lastrmmeot ~ die Note which can be
given etfoct without the coaflitxinE proviaioa.
As used in this Seauiry I>M[ttmrnt: (a) wards of fire roax'aline gender shall tarrtn sad ir-clude
caortapoodine aweor words or words of die feaoinine ~: {b) words in the siaguhr shad nnlalt affi
include tide plum! sad via versa: and (c) the word 'taay" gives sole discation without say oNligatloa to
take say udon. _
17. Borrower's Copy. Borrows shall beR1 Ltea+at in~7Barotrer. Aa uaed~m~tins SeetIos t8,
1g. !lanais of the Ptopaty
"interest is the Ptogarty' raaata any legal or beaeScial infects is the Yrapcrty. iacladdag. bnt ~ fmtited
to, tlwae beadxaal imaeais tamekrred b a land for dead. eoouact for dead. iewlBmeat etEea cemstetx or
eaaaw agreemrnt, the inteffi of width is the ttamfer of dtle by Hotrowa at a tiatura daa to s purcLaaer.
if atl or guy part of the Property or any L>tgrert le the Yroperiy u sold or iramirrt+cd (or if Btxmwer
is not a mdtutet pecans and a bcxficisl iateteat iA Borrower is sold err Vantferred) without Leader's prior
wdttea oortaertt, leader may tegairo immediate p:yadeat iv fail of ai! amps setatred by tpis Security
lnsttvmemt. However, this option shall eat be exarrted by Lender if stab uerciae is prohibited by
App6cddc Law.
If leader exertisa thin option. [coder shall give Harrower aotttx of aoceieratlea. 7$e mtitx aMdS
provide a petiad of trot lea than 30 days fcatn the dace the aotiee is gives is aooordanoa w'llh Stttstloa 15
witl-iu whidt Bartower mast pay ail anms aeaued by lira Security fostettment_ if Borrower feria m pay
these stuaa prior to the txpiraflan of this period, Leatkr may iavoloe any teraedia peatoittod by this
Stxurky iaatratnwt without Rather ootiee or draamd oa Borrower.
i1. 8orrorver'a Rfght to B~eitrtete Attu Ae;cekeatiaer. !f eorrorrer meets certain conditiont,
Borrower shall have the right to have ~fOroamatt of Chia Setcttrtty lnshttmea diacoatimtoti at say titue
prior to the ettrtient oF. {e} five days before sale of the Property perrsuaot m eery power of sale onateiaed is
this Security lttat[nrnent; (b) such other' period as App[ireble Law might apxi[y for tLt tiaa of
Borrower's right to rt3tnaa[e; or (c) entry of a jadgmeW. eadatciag this Setxaity laaaremust. Those
oat&iooa ate that Botmwes: (a) page Ltarder aB stuns which fhett a~anld be due tender ties Stxvrity
Insttaratnt and die Note as if ao atxekration had octtttrcd; (b) puss any deftudt of soy other coveoeata err
0064 9745
t~-i~Airoooe~ t.o.a~'e 10/14!2004 :27.2 FO""~~ 1w+
SK 1887PG i i 87
agteetomts: (c) pays art expeasa iacnrred in enforcing this Secttriry Imtrnnttsts. iaduding. bat trot limited
to, tcaoombte usotaeys' feca, property b>~1on cad rsinatloa fells. and older fan inasmod for the
purpose o[ peooex:ting Leach's tttltxat is the Ptopaty and riglta under Chia Setatrity imtettwast; and (d)
rates such action err Leader may reaeonalaty regain to aeattre fiat I.ender'a intact in tre Ptttpeety and
rights fordo this Seeority taetrrtttseat. trod Borrowh'a obligatiot. to pay the soma soared by dtis Setattity
Iartrttmrnt. shat) t >mchaged- Leader ~7 ~N~ ~ Aoemera' txY such setaatau.meat cams anti
aopasea is one oc mote of the fol[owiag forms, as sedectod by treader: (s} cash; (b) ~ other; (e)
certified that. bank clock. oeemata's cheek or cuhia's dick. provided •Y Bach cbak is dravaia upon
err rasdtruion whose deposits an insured by a federal agency. instrrtatenulity or entity: ar (d) Elow'orric
Fronds Ttaasfer. Upos reiouatemtat by Hotrowrr• tiia Securty ltatrnmeat acct obligedom secured lttreby
atrail feria tislly ef6octive as if ao atxdaatioa had aoaarted. Hoverer, this tig#tt to rcingate shdr not
apply in the see of arcdtxatioa tttrda Sextitta ig.
20.3tde of Note; C~ of Law 8errloer; Nrdae of Gefevwa. The Nate or a pte:dai locator is
t6ee Note (together with this Setatrtty Ieaarttaaeat) i~a bo sold otY or torte ricer vrithattt prior ttotiae to
Botaorrer. A sate trtigk remit is a tdtaoge In rho entity {known as the "[.oar Se~") oars
Periodic Payauatr tore Hadar the Note and this 5aurity trutaumeat strd performs
serriciag obligutona older doe Note. tics 5ecuriry Itnbettrieffi. and Applicable Law. 'hate abo a~ be
o~ ar more chmgea of rho [roue Secrieu smdated to a sate of tie Nose. I[ limte L a chuge of the Loan
Saviocr, Bwroorer vviU be: gives wrUten rods of tht chaisge which wcl stare the trine and address of the
near Loan Shvicu, the addnss to athich peyttttart ahottld be made sod any older infot>statba 1t1i4PA
rtx(aises is omreexion wits a notke of trarafa of strvieirg. H the Notts is sold cad dtnatfta the Inn is
xrviaed by a Loan Serritsr otter than the putt~uer of die Note, the tnort~tgC kaa stxviciag obligetiont
Qo Iiotrovrh sill remain wits the Lmr Seniors ar be uaaskrted to a airccxetor toga Serrfexr call are not
twwned by tic Note purchaser utdaa otlrctvrbe Pr'ov'ided by tie Ntre ptachaxr.
I+leitha tlartnwa nor iatder away wmrtmce. join. ar be ioinad to asty 3adiriai colon (at drier an
iadivldral litigant ar the ttrember of s doss) diet arises from tle other paay's atdioas parswat W this
Saattity temtttuae7rt or tbat alleges that the odter party tae brpehed 4Y ptorbioa of, or say duty owed by
reasoe of, this Security Instntttreat, nmii sort Eornuw<r or I.mtkr has rwtified rka other psty (crldt such
notice givta in oorupliatrac mitt the tegrtitarryu of Saxiott IS} of mch alleged hesech and affardod the
other patty hereto a rettsoaabk period aRer tic giriag of such aottoe n take eetmxtive actiaat. If
Applieabte Caw provides a time period vrhich nut lapse befgre ceruin atsioa can be talpro, than time
period wtll be Cam+ed w be traeots~te for parposes of tlis puragrapi. 7'he mtioe of atsxla<adon ford
opportunity to cure given to t3otrvurcr pttasatert W Stxsioa 22 and the tttttiee of aooeleratioa given to
Bo[rower pttrsuaat to Section Ig shall >x deetrkd » satisfy the notice and opportuity to take twrrective
atctmr ptorieions of Chia Soeriaa 20.
2I. Hmrdewa Stthatanerr. As used in that Sealoo 21: (a) "Hazudaae Substances' arc bare
snbsfaoces det9ned as wxic or haxardttrs aobstanad, pollnnon. of «+setea by Fu+ritoameotd Law anti the
fol~vring sabstaaocs: gasdiaq ttaoeae. other tlaozmsete or toxic petty prodtrrxa, tout perms
anti hethica6es, roratt~e aolvtwts, ntdocialt g atahntos or fo>msidehydo, and taeGoaaire meteriala:
(b) 'Enveoameatat Law" meats Pederat lava cad taco of the jurhdic~ where ~ Ptopett7r is locuad fiat
tetue to hearth. safeq ar eaviroaatenW ptatectiaa; (c} 'Favitomadttd Ckstsrtp' itteiades arty teaponse
action, remedial action. or removal aixiaa, as defined in Ervimrmenui Isw; card (d) m 'Emirotumessal
Condition" turns a wnd~ition doer can ranee, contribute oo, err ol4ervriie trigger ao EavimtaoenW
Ckwup.
0~645jJ§~4,~f{4705
~-6RA} loaner '''ae3 ^" a 10 / 14 /2004rr~~11,,''""2~~T .""11~~~~ FO1T14 ~ ~~ t
BK1887PG1 188
Borrower shalt nor cause or permit the preselxe, tree, etispoaal, storage, or rdeax of say Harardous
Snbstauce:, x threatea to terror any t3uardout Sahatsataa, oc or in the Property. Borrower alaN not do.
nor allow anyone else to do, aaydtitts E ~ ~p~Y (+~ ~ is is iteration of a+Y FmiraammW
[.arr. (b) +rhueh senores sa tavieomtend Coetdttroa, or (c) which, dne to tie presetx. rtes, a retwe of a
4farardous Sabstaaee, txeuea a contBtioa Out advesady aflbeta the value of the Property. lie preoedfog
two seattaas shalt not apply to the pretetnce, ass, or atnra6e as the Propetty.of ata~ 4 of
Hrtzaadatrs Stib fiat are geotntty rreo;niaed to be approQziaoe >b somrd rdideadd roes a~ to
mainreamoe of the Property (indading, bat trot. liotilod to, hazardoes aebaaooes in ooawater prodow).
Borrower shall prors$tdy ttiTMe I.es>det wnttat aotice of (a) say iareati;rtioa, cldm. demtpd, ttwauit
or omer acxion by say SovunmmW err re6tttamry ,g~ty or pcirate~Pan7 in'°ivinS ltla~ asd a°y
ffaaNoes Subeaattoe or Envirotmeahtt Law of which lB3oorro beer rpud (b) asy
Pavirmomimtat Condition, ioettrtin~ out not ilmJeed w. m7 spitliaB. lealtia~. gw ttdate err tttvea of
«date of awy Hazardaas Sttbaaaaee, aai (c) sap coeditioe tnered by dte pseaeaoa. use or tedeue of a
liaztlydotts Sttbaaaoe which sdvetaCty affects the vsloe of ~e Property. If Bocrowd' laacaa. err is mtified
by any ggooresatoettgl of reo+tlaDor)1 mtiorriy, of any pcivae patty. fiat a~ ttmaoral os other reatodietian
of say Hs~atdotta Snbsttmce affecttag the Propety it eeaemry, 6otrotvesi t8ail promptly take all teroessaty
taaediat anion: is aeoordaace with bm~iromteatd law. Nothing ieteia shall freers say obtigatioo as
!.seder for as t3av3roontaNat
NON-UNIFORM COVEN 8atrower sad Lender further covenut a~ ~ ere foitom:
x'L. Aaoete~ep; R~aoedes. header eief tpire notice tt foea+awu to aeodenalon 1a11oMag
Borrower's broth of eat e ~ a;peeratpt in this 3earrity listrluaNlt (hut sol p~{~ to
aecderatlaa npdd~ 9eetiea 18 ~w I,ttw Prov[da etie~rvlp-. I:sder sba~ osti[y
Borrower o/. armor f other thht~ Gd tie~~e (h) ttte raetten r~yeh^ad in care the adtudt; (d wbep
toe delw[t .wet ie acted: sad (d) that EtflePe to rots the ddluk Ace speed trtay reauk 10
accdetatioa o/ the attms aeatred by Ibb .9e0arity Taaettrtlslr foreeleeAra b71~ paeseedlpd erd
ante of the ttropa~ty. Leads' aloft Mtiv httorm I:oerpsrs of the zieLt b tdm4se Nlv aoala'etioa
sad the rl~bt to eoa•t in the tarreloaKe proeeetBSB the aoa-eomEma of a d~ or aa1 othx
ddoea o[ Borrwnar ~ aoedeaatwr and foseeleaae. ~ the deh4lt r set erred as Lsadar st
ip olNka foray ~K ioooedteEe ppae~yymaa~eoa ha INl of a>t asps eaasai oY dtie Seeusiiy Tpahaaatnt
witbotet hrtivr desntad amd aW' foreelaae rile serartty tedrmmt h Jodiefal . I.epda~
sbef be esditied to safest elf sstgeetee tacerred !o Ntsseiet tie tematfs remlded 4 file Sectfaa 22,
fadudie f, bat sot Ymkei to, attaeaep' i~ees tetd erecter o[ Ntte eridmoe to tie e~ permed by
Apse Law.
23. tideaae. Upas payment of all stttm sccnrod by thin Setaaity Iasponteat, this Seauity fetwment
and the crnareyed shalt ttxmiaate and bawane told. ARtx melt aoaunence, Leader shall dirdgrEe
and satisfy this Setaxity ]tt:<nrmeat. llorrotrer mall pay say noarbOioa caste. Leader may ohatge
Eortower a fee: for tt3asiag tits Saatrty larttroattcat, but nnly if tie fee is pad to a third patty for services
tendered ad the of the fet is permitted trader Ap}licable Law.
24. Wairea'. Horrvwer, to tie e~ pgmt by AppHabte Loa, waiver and releases say error or
defau in prooeediogs to ep6orx thin S~tatr yk6ptrumeat, and tteseby traiva t~ baoc6t of a~ prcetat or
fitane taws proridiog for stay of exerattion, tcteaaioa o[ that, exemptlou frota aucbromt, levy sod ssk,
and ltomeatead esssaplioa.
2i. Rdastatesaeat Y4dod. Bormwer'a time m re;iopate provided in Section 19 shall ttuad m ose
hour prior m tht eamatencapeat of bi4ding at a aherift's sale or other sate peaseaat to the Senuity
teatumsnt.
26. Pm+r~eae Mosey Meett~e. If any of the debt axernd by tits Setsxity imttuoteut is lent to
Boerovrer a aegnice title m flu Ptopctty, this 5aaaity htetnmaat ahef be a parrviaae mosey taortgade.
S7. fatererd Rstm Alter Jpelpamt. Harrower asrces drat Ile btoreat rate payehk after a jsdgmeaa is
entand on tie Note or in an action of awr{gage foroclpeere stuB be the tae payable from time ro time
under the Note.
096p`~~05
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&CHEDULE C
PROPERTY DESCRIP710N
The land referred ro in this Commitment is desdbed as foNows:
ALL THAT CERTAIN tract yr parcel of land situate in Upper Agen Township, CutAteriend Canty, Pennsylvania,
hounded and described in accordance Witt a survoey and plan thereof, dated March 1 B, 1963. a, prepared hY ~-
P. Raffansperger Srnveyor, Camp Hifi, Pennsylvania, as follows:
SE(iIyNING at a point in the center of tYlt. Alien iNt+te, said point going One IMUrairad twenlY-flue (125) feet to a
normery dieclion from the intersection of the center tine of Mt Albs Drive wfth the side Ina of Nttt4ny Road.
said. po»t beltg also on the noMem tine of t.ot No. 9 on the trereinaller mentioned plan of t~ thence abng
the northern ine of Lat Pto. 9, South eighty-0rre ($1) degrees toAy-live (~,) minubs 1Msst ore t-rmdred itlty (150)
feet ro a poirtt; (hence North eight (OQ) degrees fifteen (15) minutes West arse Mndred (10a) feet to a point on
the southern frre of Lot Na 7; thence slag the sotrthan Itne of Lot No. 9 Nash eighty-one {81) de~ees
forty-five (45) m"mutes East one hundred fifty (15a) feet. ro a point on the center line of Mt. Aden Drive; South
eight (08) degrees fifteen (i 5) minutes East are hundred {10a) feet ro a poinK ~ ~ BEGINiVING.
HAVING thereon erected a One story frame dweuing house knouier as, and numbered, 320 Mt. Alien Drive,
Mechanirxburg (Upper Atien Township) Cumberland County, Pennsylvania 17x55.
BEING LOT N0. B, Section "B", Plan of Mt. Alen HetgMs, recorded in Plar+ Book "B", Page 48.
Parcel tVrmiher 42-28 2423-014
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STERN & EISENBERG, PC
410 THE PAVILION
261 OLD YOItx ROAD
JENKINTOWN, PA 19046
(215) 572-8111
Date: June 29, 2012
Tracy L. Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Property (if different than mailing address -notice also sent to property):
320 Mount Allen Drive
Mechanicsburg, PA 17055
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
(ACT 6 NOTICE)
The MORTGAGE held by Wells Fargo Bank, National Association, as Trustee for Park Place
Securities, Inc.Asset-Backed Pass-Through Certificates Series 2005-WCH1, by its attomry-in-
fact, Ocwen Loan Servicing, LLC (hereinafter we, us or ours) on your property located at 320
Mount Allen Drive ,Mechanicsburg, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT
MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments from August 1, 2009 through and including June 29, 2012 as follows:
Payments of $951.80 due on 08/01/2009 through and including 04/01/2012,
in the amount of .....................................................................$31,409.40
Payments of $793.94 due on 05/01/2012 through and including 06/01/2012
in the amount of .....................................................................$1,587.88
Other charges (explain/itemize):
Late charges :..........................................................................$290.05
Fees billed ..............................................................................$1,954.75
Other charges (explain) ..........................................................$0.00
Less suspense .........................................................................-$326.37
TOTAL AMOUNT PAST DUE :....................................................$34,915:71
The total amount now required to cure this default, or in other words, get caught up in your
payments, as of the date of this letter, is $34,91 S. 71.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of $34,915.71, plus any additional monthly payments and late charge which may
fall due during this period. Such payment must be made either by cash, cashier's check, certified
check or money order, and made at:
Wells Fargo Bank, National Association, as Trustee, by its attornry-in-fact, Ocwen Loan
Servicing, LLC
P.O. Box 6440
Carol Stream, IL 60197-6440
Make sure your account number - 7100886410 is on your payment
If you do not cure the default within THIRTY (30} DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original aniount
borrowed will be considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedings against you, you will still have to pay the
reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay the reasonable attorney's fees even if they are over
$50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to
pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under
the mortgage. If you have not cured the default within the thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any
time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total
amount of t1~e unpaid monthly payments plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable,
perform any ather requirements under the mortgage also in default. It is estimated that the
earliest date that such a Sheriff s sale could be held would be approximately four to six months
from the initiation of a foreclosure action; however, the time to foreclose in each county is
different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default, including fees and costs, will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling us at the
following number: (800) 446-2936. This payment must be in cash, cashier's check, certified
check or money order and made payable to us at the address stated above.
You may also call us at the above number to see if there are other arrangements that may be
available.
You should realize that a Sheriff s sale will end your ownership of the mortgaged property and
your right to remain in the mortgaged property. If you continue to live in the property after the
Sheriff s sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF
THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY
ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
Sincerely,
STERN & EISENBERG, PC
BY: ~ K'
Ste & Eisenberg, PC
Pursuant to notice published by the PHFA at 41 Pa.B. 2789 in accordance with 35
P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91),
effective August 27, 2011 and until further notice of the PHFA, mortgagees may
take legal action to enforce a mortgage without any further restriction or
requirement of Act 91.
Regardless of whether or not your mortgage loan is subject to the notice
requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant
to the terms of your mortgage obligation. The dollar amount of mortgages covered
by Act 6 may be found in the Pennsylvania Bulletin.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing
within thirty (30) days of receipt of this letter, this firm will obtain. and provide you with
written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if
requested within thirty (30) days of receipt of this letter, this firm will send you the name
and address of the original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FII.:ING 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 REAFFIlZMED 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.
STERN & EISENBERG, PC
410 THE PAVILION
261 OLD YORK ROAD
JENKINTOWN, PA 19046
(215) 572-8111
Date: June 29, 2012
Daniel J. Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055-6107
Property (if different than mailing address -notice also sent to property):
320 Mount Allen Drive
Mechanicsburg, PA 17055
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
(ACT 6 NOTICE)
The MORTGAGE held by Wells Fargo Bank, National Association, as Trustee for Pazk Place
Securities, Inc.Asset-Backed Pass-Through Certificates Series 2005-WCH1; by its attornry-in-
fact, Ocwen Loan Servicing, LLC (hereinafter we, us or ours) on your property located at 320
Mount Allen Drive, Mechanicsburg, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT
MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts aze now past due:
Monthly payments from August 1, 2009 through and including June 29, 2012 as follows:
Payments of $951.80 due on 08/01/2009 through and including 04/01/2012,
in the amount of .....................................................................$31,409.40
Payments of $793.94 due on 05/01/2012 through and including 06/01/2012
in the amount of .....................................................................$1,587.88
Other chazges (explain/itemize):
Late charges :..........................................................................$290.05
Fees billed ..............................................................................$1,954.75
Other chazges (explain) ..........................................................$0.00
Less suspense ......:..................................................................-$326.37
TOTAL AMOUNT PAST DUE :....................................................$34,915.71
The total amount now required to cure this default, or in other words, get caught up in your
payments, as of the date of this letter, is $34,915.71.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of .$34,91 S. 71, plus any additional monthly payments and late charge which may
fall due during this period. Such payment must be made either by cash, cashier's check, certified
check or money order, and made at:
Wells Fargo Bank, National Association, as Trustee, by its attornry-in-fact, Ocwen Loan
Servicing, LLC
P.O. Box 6440
Cazol Stream, IL 60197-6440
Make sure your account number - 7100886410 is on your payment
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount
borrowed will be considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct otrr attorneys to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedings against you, you will still have to pay the
reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay the reasonable attorney's fees even if they are over
$50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to
pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under
the mortgage. If you have not cured the default within the thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any
time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total
amount of the unpaid monthly payments plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable,
perform any other requirements under the mortgage also in default. It is estimated that the
earliest date that such a Sheriff s sale could be held would be approximately four to six months
from the initiation of a foreclosure action; however, the time to foreclose in each county is
different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default, including fees and costs, will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling us at the
following number: (800) 446-2936. This payment must be in cash, cashier's check, certified
check or money order and made payable to us at the address stated above.
You may also call us at the above number to see if there are other arrangements that may be
available.
You should realize that a Sheriff s sale will end your ownership of the mortgaged properly and
your right to remain in the mortgaged property. If you continue to live in the property after the
Sheriff s sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF
THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY
ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
Sincerely,
.STERN & EISENBERG, PC
BY: ~. is _
St rn & Eisen erg, PC
Pursuant to notice published by the PHFA at 41 Pa.B. 2789 in accordance with 35
P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91),
effective August 27, 2011-and until further notice of the PHFA, mortgagees may
take legal action to enforce a mortgage without any further restriction or
requirement of Act 91.
Regardless of whether or not your mortgage loan is subject to the notice
requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant
to the terms of your mortgage obligation. The dollar amount of mortgages covered
by Act 6 may be found in the Pennsylvania Bulletin.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing
within thirty (30) days of receipt of this letter, this firm will obtain and provide you with
written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if
requested within thirty (30) days of receipt of this letter, this firm will send you the name
and address of the original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN
BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND
HAVE NOT REAFFIltMED 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.
r= ~ ~ t,~l-~a~=Fib;.
FORM 1
`~ +~ ~~ ( _5 ~~ ~' ~ ! ~ IN THE COURT OF COMMON PLEAS OF
WELLS FARGO BANK, N.A.
',ii,i~FRl..~1~0 CD(J~T~( CUMBERLAND COUNTY, PENNSYLVANIA
pl~g3~~.V~NIA
~s.
DANIEL AND TRACY TROUTMAN / lI
Defendant(s) (~ ~ A~ 'T ~ Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in acourt-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
COflClllatlon 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.
r( Respectfully submitted: e
~~I~({ ~"
Date gnature of Counsel for 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:
Is the property for sale? Yes ^ No ^
Realtor Name:
Borrower Occupied: Yes ^ No ^
Mailing Address (if different)
City:
Phone Numbers: Home:
Cell:
State: Zip:
Price: $
Realtor Phone:
State: Zip: _
Office:
Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Listing date:
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: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:
Value:
Year:
Monthly Amount:
Monthly Amount:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include exaenses you are currently pavine)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Monthly Gross
Monthly Gross
Monthly Gross
Counselor:
Phone (Office):
Email:
Year:
Monthly Net
Monthly Net
Monthly Net
Fax:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: 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
~ Past Z bank statements
~ Proof of any expelled income for the last 45 days
y Copy of a current utility bill
~ Letter explaining reason for delinquency and any supporting documentation
d (hardship letter)
listing agreement (if property is currently on the market)
y Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
WELLS FARGO BANK, N.A,
Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANIEL AND TRACY TROUTMAN
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
Legal Representative
Date
Signature of Defendant
Signature of Defendant
Date
Date
FORM 4
WELLS FARGO BANK, N.A.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
DANIEL AND TRACY TROUT]!sAN
Defendant(s)
AND NOW, this day of
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 acourt-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,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronn R Anderson ~'t.tU-~~~~~~
y l.,'~ ~~~~ Qt~Q~~Q~~~rs~t 1~
Jody S Smith ~4a„lr ~i ~~t~nbrrf~~~ 2Q12 ~(~~ -9 AM $~ 3~
Chief Deputy ~ - ~~,`
Richard W Stewart ,_r ~ CUMBERI.ANp CC3U~TY
solicitor ~F~.t:~ ~F ~ ~~ ..~~R~~~ PENNS Y LYANI A
Wells Fargo Bank, N.A.
vs.
Daniel J Troutman (et al.)
Case Number
2012-6243
SHERIFF'S RETURN OF SERVICE
11/07/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Tracy L Troutman, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not
Served" at 320 Mount Allen Drive, Upper Allen Township, Mechanicsburg, PA 17055. Deputies attempted
service six times but were unable to make contact with anyone at the residence and the Complaint has
since expired.
11/07/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Daniel J Troutman, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not
Served" at 320 Mount Allen Drive, Upper Allen Township, Mechanicsburg, PA 17055. Deputies attempted
service six times but were unable to make contact with anyone at the residence and the Complaint has
since expired.
SHERIFF COST: $64.00
November 07, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
ice; C~untySuite Sheriff, 7elensoft.. Ync.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CNIL ACTION-LAW
STEVEN K. EISENBERG, EsQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
CHRISTINA C. VIOLA, EsQUIRE (308909) -
,
STERN & EISENBERG, PC = ~ ~
~
THE PAVILION
-' iJ °°°i
261 OLD YORK ROAD, SUITE 41 O
^` ~. ; _
JENKINTOWN
PENNSYLVANIA 19046 _.,, xa
a>~
tr
~`';'
,
(21 S) 572-8111 ~ - ~'~` ~ :
"` ` ~'
FACSIMILE: (21 S) S72-S02S v ;-, ~~. ;;~-.~-
(COUNSEL FOR PLAINTIFF) .- ~ F,'~
,~ _.3
-~.,.
-, ~° :.
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc., Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney in fact Ocwen Loan
Servicing, LLC
v.
Daniel J. Troutman a/k/a Daniel Troutman
Tracy L. Troutman a/k/a Tracy Troutman
s
,ra -~a 3
Civil Action Number:
MOTION FOR SPECIAL ORDER DIRECTING SERVICE
BY POSTING AND CERTIFIED MAIL PURSUANT TO PA. R.C.P. 430(a)
TO DEFENDANT DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.
TROUTMAN A/K/A TRACY TROUTMAN
1. Plaintiff is Wells Fazgo Bank, National Association, assignee of a loan to defendant' s
secured by a mortgage on their real estate at 320 MOUNT ALLEN DRIVE, MECHANICSBURG,
PA 170SS. As a result of defendants' default on said mortgage, Plaintiff filed a Civil Action on
October OS, 2012.
2. The whereabouts of defendant DANIEL J. TROUTMAN A/K/A DANIEL
TROUTMAN AND TRACY L. TROUTMAN A/K/A TRACY TROUTMAN whose last known
address according to Plaintiffs records is 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA
170SS is unknown, and accordingly, an attempt to serve such defendants pursuant to the usual
process prescribed by Pa. R.C.P. 400-405 would be futile.
3. Pursuant to Pa. R.C.P. 430(a), an investigation has been made to determine the
whereabouts of the Defendants and the reason why service cannot be made. Attached hereto and
made part hereof as Exhibit "A" is an affidavit stating the nature and extent of that investigation.
4. Pursuant to Pa. R.C.P. 430(a) and Pa. R.C.P. 410(c)(2) and (3), this Court may
enter a special order directing that service be made by posting a copy of Plaintiff s Civil Action
and all fizrther notices requiring personal service, if any, on the most public part of 320 MOUNT
ALLEN DRIVE, MECHANICSBURG, PA 17055 and by certified mail, return receipt requested
to Defendants, DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.
TROUTMAN A/K/A TRACY TROUTMAN, at their last known address being 320 MOUNT
ALLEN DRIVE, MECHANICSBURG, PA 17055.
WHEREFORE, Plaintiff by its attorney moves this Honorable Court to enter a special order
directing that service be made by posting a copy of Plaintiff s Civil Action on premises 320 MOUNT
ALLEN DRIVE, MECHANICSCBURG, PA 17055 and by sending a copy of same to Defendants,
DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L. TROUTMAN A/K/A
TRACY TROUTMAN at their last known address being 320 MOUNT ALLEN DRIVE,
MECHANICSBURG, PA 17055 by certified mail, return receipt requested and regular mail. The
Court is further requested to direct that all further notices required in the above-captioned matter,
requiring personal service, if any, be served on Defendants in the same manner as permitted for
service of Plaintiffs Civil Action in this case.
S
B
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
CHRISTINA C. VIOLA, ESQUIRE (308909)
STERN c~ EISENBERG, PC
THE PAVILION
261 OLD YORx ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
(215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc., Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney in fact Ocwen Loan
Servicing, LLC
v.
Daniel J. Troutman a/k/a Daniel Troutman
Tracy L. Troutman a/k/a Tracy Troutman
s
Civil Action Number: 12-09239
AFFIDAVIT OF INVESTIGATION
I, CHRISTINA C. VIOLA, being duly sworn according to law, depose and say that I
am counsel for Plaintiff, Wells Fargo Bank, National Association, as Trustee for Park Place
Securities, Inc., Asset-Backed Pass-Through Certificates Series 2005-WCH1, by its attorney in fact
Ocwen Loan Servicing, LLC in the foregoing action and that the following efforts were made by my
office to serve the defendants with Plaintiffs Notice of Sale and to determine the present
whereabouts of said defendants DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND
TRACY L. TROUTMAN A/K/A TRACY TROUTMAN:
1. Service of Plaintiff' s Civil Action was attempted by the sheriff of Cumberland
County at the mortgaged property address being 320 MOUNT ALLEN DRIVE,
MECHANICSBURG, PA 17055, per the sheriff, "service attempted six times but was unable to
make contact with anyone at the residence. See Exhibit "B" which is attached hereto and made a part
hereof.
D
TROUTMAN AND TRACY L. TROUTMAN A/K/A TRACY TROUTMAN are registered at 320
MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055. See Exhibits "C" and "D" which are
attached hereto and made a part hereof.
3. Moreover, Plaintiffdid an inquiry to the Post Office and according to the records it
maintains, the defendants', DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY
L. TROUTMAN A/K/A TRACY TROUTMAN, last known address is 320 MOUNT ALLEN
DRIVE, MECHANICSBURG, PA 17055. See collective Exhibit "E" and "F" which are attached
hereto and made a part hereof.
4. In addition to the standard searches conducted above, Plaintiff's Counsel has also
conducted an accurint search in order to determine additional information as to the whereabouts of
the defendants. DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.
TROUTMAN A1K/A TRACY TROUTMAN are registered at 320 MOUNT ALLEN DRNE,
MECHANICSBURG, PA 17055. See Exhibits "G" and "H" which are attached hereto and made a
part hereof. The information provided has enabled Counsel to conduct additional investigation
including those contemplated pursuant to Pa.RCP 430. Notwithstanding, those additional inquiries
and calls have lead to no information that would indicate that the Defendants, DANIEL J.
TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L. TROUTMAN AIKIA TRACY
TROUTMAN are at any other address. Based on the additional investigation, Counsel believes that
Defendant is simply evading service.
This information is true and correct to the best of my knowledge, information and
belief.
.C?MMONWEALTH OF PENNSYLVANIA
Notede{ Seal
Angela Harrigan, Notary Public
Abington 7wp., Morttpomery County
M CtNtlmiaaion Expires Nov, 2®, 2012
Momber, aannaylvonia Aasoclatlon Notaries
Sworn to and subscribed
before me this ~5 day of
November, 201
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
F,t_tU-OFFiCE
Ronny R Anderson GF THE PROTHQNOTQRY
snerrr
Jody S Smith ~e~~t± •t drsm6er~,~!
2012 NOV -4 AM $~ 35
cniefi~ury
Richard w Stewart ~ - CUMBERIANp COUNTY
solicitor OFFICE OF Tl~E SMLRIFF PENNS Yl.YANI A
Wells Fargo Bank, N.A. Case Number
vs.
Daniel J Troutman (et al.) 2012-6243
SHERIFF'S RETURN OF SERVICE
11/07/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Tracy L Troutman, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Forecosure as "Not
Served" at 320 Mount Allen Drive, Upper Allen Township, Mechanicsburg, PA 17055. Deputies attempted
service six times but were unable to make contact with anyone at the residence and the Complaint has
since expired.
11/07/2012 Sheriff Ronny R Anderson, being duly sworn acxording to law, states he made diligent search-and inquiry
for the within named Defendant to wit: Danis J Troutman, but was unable to k~e the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not
Served" at 320 Mount Allen Drive, Upper Allen Township, Mechanicsburg, PA 17055. Deputies attempted
service six times but were unable to make contact with anyone at the residence and the Complaint has
since expired.
SHERIFF COST: $64.00
November 07, 2012
SO ANSWERS,
"'~
RON R ANDERSON, SHERIFF
PAGE 1
PENN5Yi .ii~TIA DEPARTMENT OF TRANSPO,__ATION
BUREAU OF DRIVER LICENSING
BASIC DRIVER INFORMATION
AUG 09 2012
DRIVER: DANIEL JOSEPH TROUTMAN
320 MT ALLEN DRIVE
MECHANICSBURG, PA 17055
DRIVER LICENSE (DL)
LICENSE CLASS C
LICENSE ISSUE DATE: SEP 18 2010
LICENSE EXPIRES NOV 06 2014
ORIG ISSUE DATE MAR O1 1983
MED RESTRIC'I,'IONS NONE
LEARNER PERMITS
LICENSE STATUS
DRIVER LICENSE NO 21136144
DATE OF BIRTH NOV 05 1964
SEX MALE
RECORD TYPE 4YR LIC/LP
COMMERCIAL DRIVER LICENSE (CDL)
GDL LICENSE CLASS
CDL LICENSE ISSUED
CDL LICENSE EXPIRES:
CDL ENDORSEMENTS NONE
CDL RESTRICTIONS NONE
CDL LEARNER PERMITS:
CDL LICENSE STATUS
SB ENDORSEMENT .
PROBATIONARY LICENSE (PL)
PL LICENSE CLASS
PL LICENSE ORIG IS5
PL LICENSE ISSUED
PL LICENSE EXPIRES
PL LICENSE STATUS
OCCUPATIONAL LIMITED LICENSE (OLL)
OLL LICENSE CLASS
OLL LICENSE ISSUED
OLL LICENSE EXPIRES
OLL LICENSE STATUS
*** END OF RECORD ***
..,~,
PAGE 1
PENNSYi-ANIA DEPARTMENT OF TRANSPOt~rATION
BUREAU OF DRIVER LICENSING
BASIC DRIVER INFORMATION
AUG 09 2012
DRIVER: TRACY L TROUTMAN
320 MT ALLEN DRIVE
MECHANICSBURG, PA 17055
DRIVER LICENSE NO 21342693
DATE OF BIRTH AUG 16 1967
SEX FEMALE
RECORD TYPE 4YR LIC/LP
DRIVER LICENSE (DL)
LICENSE GLASS C
LICENSE ISSUE DATE: AUG 22 2011
LICENSE EXPIRES AUG 17.2015
ORIG ISSUE DATE OCT 05 1983
MED RESTRICTIONS NONE
LEARNER PERMITS
LICENSE STATUS
COMMERCIAL DRIVER LICENSE (CDL)
CDL LICENSE CLASS
CDL LICENSE ISSUED
CDL LICENSE EXPIRES:
CDL ENDORSEMENTS NONE
CDL RESTRICTIONS NONE
CDL LEARNER PERMITS:
GDL LICENSE STATUS
SB ENDORSEMENT .
PROBATIONARY LICENSE (PL)
PL LICENSE CLASS
PL LICENSE ORIG ISS
PL LICENSE ISSUED
PL LICENSE EXPIRES
PL LICENSE STATUS
OCCUPATIONAL LIMITED LICENSE (OLL)
OLL LICENSE CLASS
OLL LICENSE ISSUED
OLL LICENSE EXPIRES
OLL LICENSE STATUS
*** END OF RECORD ***
~ -
L~ ~ h•
Postmaster
Mechanicsburg, PA 17055-6107
City, State Zip
Request For Change of Address or Boxholder
Information Needed for Service of Legal Process
Date: August 6, 2012
Please furnish the new address or the name and street address (if a Boxholder) for the following:
Name: Tracy L. Troutman
Address: 320 Mount Allen Drive ,Mechanicsburg, PA 17055-6107
NOTE: The name and last known address are required for change of address information. The name, if known, and post office box
address are required for Boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing Boxholder
information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and
corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself):. Attorney
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se -
except a corporation acting pro se must cite statute): N/A
3. The names of all known parties to the litigation: Wells Fareo Bank, National Association as Trustee by its attornry-in-
fact, Ocwen Loan Servicing, LLC v. Tracv L Troutman
4. The court in which the case has been or will be heard CCP CUMBERLAND COUNTY
5. The docket or other identifying number if one has been issued:
6. The capacity in which this individual is to be served (e.g., defendant or witness): DEFENDANT
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES
INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR
CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (Title 18 U.S.C. Section 1001).
STERN & EISENBERG, PC
Signature 261 OLD YORK ROAD, SUITE 410
JEN_KINTOWN, PA 19046
Printed Name -Joseph K. Rejent, Esquire City, State, ZIP Code
FOR POST OFFICE USE ONLY
No change of address order on file.
Not known at address given.
Moved, left no forwarding address.
No such address
NEW ADDRESS or BOXHOLDER'S POSTMARK
NAME and STREET ADDRESS
r
J:\DarrenUnvestigation\Cumberiand\Ocwen.Troutman 8.12.docx
R
Postmaster
Mechanicsburg, PA 17055-6107
City, State Zip
Request For Change of Address or Boxholder
Information Needed for Service of Legat Process
Date: August 6, 2012
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: Daniel J. Troutman
Address: 320 Mount Allen Drive ,Mechanicsburg, PA 17055-6107
NOTE: The name and last known address are required for change of address information. The name, if known, and post office box
address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). .There is no fee for providing boxholder
information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and
corresponding Administrative Support Manua1352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se -
except a corporation acting pro se must cite statute): N/A
3. The names of all known parties to the litigation: Wells Fargo Bank, National Association, as Trustee, bits attornry-in-
fact, Ocwen Loan Servicing, LLC v. Daniel J. Troutman
4. The court in which the case has been or will be heard CCP CUMBERLAND COUNTY
5. The docket or other identifying number if one has been issued:
6. The capacity in which this individual is to be served (e.g., defendant or witness): DEFENDANT
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRE55 INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES
INCLUDING A FINE OF UP TO $10,000 OR IlVIPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR
CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (Title 18 U.S.C. Section 1001).
STF,RN & EISENBERG, PC
Signatu 261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PA 19046
Printed Name -Joseph K. Rejent, Esquire City, State, ZIP Code
FOR POST OFFICE USE ONLY
No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK
Not known at address given. NAME and STREET ADDRESS
_ Moved, left no forwarding address.
_ No such address
Q P 17pS~S
N
~< ~ ~ ~
~ ~
`tn
J:~DarrenUnvestigationlCumberlandl0cwen.Troutman 8.12.docx 9 rJ,.y
byJ3W
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EL J TROUTMAN
er -Male
MOUNT ALLEN DR i
ANICSBURG, PA 17055-6107
SSN - 406-96-xxxx
LexID - 002562889297
,,Age - 47
DOB - 11/xx/1969
Dates -Nov 96 -May 12
.Phones -
717-791-9959 - EDT - TROUTMAN TRACY
1 ,..,~511[~~„ Coeout LexisNexis I Terms & Conditions
1..~~ ~~I pyright p 2012 LexfsNexis Risk Solutions. Atl rights reserved.
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and then select "Paste" from the pulldown menu.
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TRACY L TROUTMAN
320 MOUNT ALLEN DR
MECHANICSBURG, PA 17055-6107
SSN - 161-62-xxxx
LexID - 000083683103
Age - 44
DOB - 08/xx/1967
Dates -Nov 96 -Jun 12
Phones -
717-791-9959 -EDT - TROUTMAN TRACY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
STEVEN K. EISENBERG, EsQuIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
CHRISTINA C. VIOLA, ESQUIRE (308909)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORx ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
(215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
Wells Fargo Bank, National Association, as
Trustee for Park Place Securities, Inc., Asset-
Backed Pass-Through Certificates Series 2005-
WCH1, by its attorney in fact Ocwen Loan
Servicing, LLC
v.
Daniel J. Troutman a/k/a Daniel Troutman
Tracy L. Troutman alk/a Tracy Troutman
s
Civil Action Number: 12-09239
CERTIFICATE OF SERVICE
I, CHRISTINA C. VIOLA, attorney for the within Plaintiff, hereby certify that a true
and correct copy of Plaintiffs Motion f r Alternative Service was mailed to the following by first
class, postage prepaid mail on '~i
Daniel J. Troutman A/K/A Daniel Troutman
Tracy L. Troutman A/K/A Tracy Troutman
320 Mount Allen Drive
Mechanicsburg, PA 17055
DATE:
~t`I5I1ti
S
Attorney for Plaintiff
/'/
C~DURT OF COMMON PLEAS OF CUMBERLAND .COUNTY
CIVIL.ACTION-LAW
Wells Fazgo Bank, National Association, as
Trustee for Pazk Place Securities, Inc., Asset-
Backed Pass-Through Certificates Series 2005-
WCHI, by its attorney in fact Ocwen Loan
Servicing, LLC
v.
Daniel J. Troutman a/k/a Daniel Troutman
Tracy L. Troutman a/k/a Tracy Troutman
ORDER
/a-~ay3
Civil Action Number: ~
~~
x.
AND NOW, this _ day of ~ , 2012, upon consideration of
Plaintiff' s Motion for Special Order Directing Service of its Civil Action by Posting and Certified
Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that Defendants
DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L. TROUTMAN A/K/A
TRACY TROUTMAN shall be served by posting a copy of Plaintiffs Civil Action on the mortgaged
premises, 320 MOUNT ALLEN DRIVE, MECHANICSBURG, PA 17055 and by sending a copy of
same to Defendants DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.
TROUTMAN A/K/A TRACY TROUTMAN at their last known address being 320 MOUNT
ALLEN DRIVE, MECHANICSBURG, PA 17055 by certified mail, return receipt requested and
regular mail.
_~
BY THE COURT: .,
~
„
3
~~
~ ~~
ra
-M
~ .
~
~
~f ~
N
~A
~
t" ..-
-~
'~ ~
Z't a 'L7
~ ~ r
~° _
~~ ('~ ~>~~T7
--i ~,_
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c=
CIVIL ACTION-LAW
rnw M-
rn
KEVIN P. DISKIN,ESQUIRE =;0 rq
89
STERN&EISENBERG, PC 46
The Pavilion
261 Old York Road, Suite 410 e=C1_- O M.
Jenkintown, PA 19046
(215) 572-8111
I.D. #86727
Wells Fargo Bank,National Association,as
Trustee for Park Place Securities, Inc.Asset-
Backed Pass-Through Certificates Series 2005-
WCH I, by its attorney-in-fact, Ocwen Loan
Servicing, LLC Civil Action Number: 12-6243-CV
v.
Daniel J. Troutman and Tracy L. Troutman
Defendant(s)
f
CERTIFICATE OF SERVICE
1,KEVIN P. DISKIN,ESQ.,attorney for the within Plaintiff,hereby certify that notice
of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt requested and
regular mail on March 26,2013,pursuant to court order,as evidenced by copy of said order and
certified mail receipt attached.
I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular,
first-class, postage prepaid mail on March 26, 2013, as evidenced by copy of certificates of
mailing attached.
STERN EISENBERG, PC
STERN
P.—DISKIN
3128113 Attorney for Plaintiff
f
f
1. y
COPY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
Wells Fargo Bank,National Association,as
Trustee for Park Place Securities, Inc.,Asset-
Backed Pass-Through Certificates Series 2005-
WCHl,by its attorney in fact Ocwen Loan
Servicing,LLC Civil Action Number: J 9.092UL
V.
Daniel J. Troutman a/k/a Daniel Troutman
Tracy L. Troutman a/k/a Tracy Troutman
Defendant(s)
ORDER
AND NOW,this It day of V CMI (e K '2012,upon consideration of
Plaintiff,s Motion for Special Order Directing Service of its Civil.Action by Posting and Certified
Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that Defendants
DANIEL J.TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.TROUTMAN A/K/A
TRACY TROUTMAN shall be served by posting a copy of Plaintiffs Civil Action on the mortgaged
premises,320 MOUNT ALLEN DRIVE,MECHANICSBURG,PA 17055 and by sending a copy of
same to Defendants DANIEL J. TROUTMAN A/K/A DANIEL TROUTMAN AND TRACY L.
TROUTMAN A/K/A TRACY TROUTMAN at their last known address being 320 MOUNT
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ALLE DRIVE, MECH[ANICSBURG,PA 17055 by certified mail,return receipt requested and
regular mail
BY THE COURT:
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� Daniel J. Troutman a/k/a Daniel Troutman
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Mechanicsburg, PA 17055-6107
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�i Name and STERN&EISENBERG Address no 261 Old York Road-The Pavilion-Ste 410 ZIP 19046 $ 003 780
of Sender Jenkintown,PA 19046 02 1"
0001371685 MAR 26. 2013
Line Article Name of Addressee,Street,and Post Office'Address _
Number
1 "*' Daniel J. Troutman a/k/a Daniel Troutman, 320 Mount Allen Drive, Mechanicsburg, PA
17055-6107
2 **** Tracy L. Troutman a/kla Tracy Troutman,320 Mount Allen Drive,Mechanicsburg,PA 17055-
6107
3 **** Capitol City Oil, 1600 Hummell Ave, Camp Hill,PA 17011
4 **** Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg,PA 17055
s Wells Fargo Bank,NA, 10790 Rancho Bernardo Road, San Diego CA 92127
6 **** PA Department of Revenue, Bureau of Compliance, Box 281230, Harrisburg, Pennsylvania
17128
7 **** Domestic Relations, Cumberland County, 13 North Hanover Street, Carlisle,PA 17013
8 **** Tax Claim Bureau, Cumberland County Courthouse, One Courthouse Street, Carlisle, PA
17013
9 **** Tenant(s)/Occupant(s),320 Mount Allen Drive , Mechanicsburg,PA, 17055
10 ****
11 ****
12
****
13
****
14
15 RE:. O-TROUTMAN NOS
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Total Number of Total N of Pi PQStmas f Receivin N ;i C?
Pieces Listed by Sender Receiv Post O Q,
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
vow of Cum/or/�d
Jody S Smith '
Chief Deputy � i`t I ',
Richard W Stewart
Solicitor OF tCE OF NE SHERIFF EpEts3Y12,./ANiA
Wells Fargo Bank, N.A.
vs. Case Number
Tracy L Troutman (et al.) 2012-6243
SHERIFF'S RETURN OF SERVICE
04/01/2013 04:02 PM-Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 320 Mount Allen Drive, Upper Allen Township,
Mechanicsburg, PA 17055, Cumberland County.
04/01/2013 04:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Daniel J
Troutman, pursuant to Order of Court by"Posting"the premises located at 320 Mount Allen Drive, Upper
Allen Township, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to
law.
04/01/2013 04:02 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Tracy L
Troutman, pursuant to Order of Court by"Posting"the premises located at 320 Mount Allen Drive, Upper
Allen Township, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to
law.
06/04/2013 As directed by Kevin P Diskin,Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013
09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00
a.m. He sold the same for the sum of$1.00 to Attorney Kevin Diskin, on behalf of Wells Fargo, National
Association, as Trustee for Park Place Securities, Inc.Asset-Backed Pass-Through Certificates, Series
2005-WCH1, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $1,103.45 SO ANSWERS,
September 18, 2013 RONR ANDERSON, SHERIFF
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