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HomeMy WebLinkAbout13-0401S"I'F,VEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727 LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909 STERN &EISENBERG, PC THE PAVILION 261 OLO YoRx ROAll, SUITE 4 ] 0 JEhIKINTOWN, PENNSYLVANIA 19046 TELEPfIONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL POR PLAINT[FF~ t .,~ ~ ~.: , +~ ~~? !~ :,t ""~r f~ L, ~ 11~ ;"~ ~ t~ C f T ,.~ ~ .l j 'J ~£ ~ F 1 l l.~ f~ 'EJ ~_ il;~~ Ip. i/~ '~~p'~iti IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Scott A. Morris 42 Columbia Rd Enola, PA 17025-2401 Defendant(s) Civil Action Number: ~ ~ - L~U I (~/~ COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION -MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE "CHIS PAPER TO A LAWYER AT ONCE. IF YOU DO NUT 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 PROVIDF~C' 1 YOU WITH INFORMATION ABOUT HIRING A LAWYER. C~#~~-~o ys ~ ~~- a ~5~~ 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 FF,E OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170].3 800-990-9108 717-249-3166 STEVEN K. E~SENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIIZE (86727) LESLIE J. RASE, Es~uiRE (58365) CHRISTINA C. VIOLA, ESQUIIZE (308909) STERN & EISENBGRCi, PC THE PAVILION 261 OLD YORx ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Scott A. Morris 42 Columbia Rd Enola. PA 17025-2401 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION -MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) digs de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas. la 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. torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u 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 Ilame 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 e 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 (86?27) LESLIE J. R,nsE; ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909 STERN & EISENBER.Ci. PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 .IENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-811 1 FACSIMILE: (215) 572-5025 (COUNSEL, FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 ~. Scott A. Morris 42 Columbia Rd Enola, PA 17025-2401 Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION -MORTGAGE FORECLOSURE Plaintiff is The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC (hereinafter referred to as "The Bank of New York Mellon, as trustee,by its Attorney-in-fact, Ocwen Loan Servicing LLC")with offices located at 1661 Worthington Road, Suite 100 ,West Palm Beach, FL 33409. 2. Defendant(s) are Scott A. Morris ,adult individuals with alast-known address of 42 E Columbia Rd, Enola, PA 17025-2401. Under date of 04/13/2002, defendants executed and delivered to The Provident Bank dba PCFS Financial Services, Inc., a Ohio Corporation a mortgage upon the property 42 Columbia Road , Enola, PA (the "Property")to secure the payment of the sum of $35,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 04/23/2002 at Book:1756 & Page:1129 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A". 4. An assignment transferring the mortgage originally with The Provident Bank. dba PCFS Financial Services, Inc., a Ohio Corporation (Originating Lender) as follows: A. Assigned from The Provident Bank dba PCFS Financial Services, Inc., a Ohio Corporation to Countrywide Home Loans Inc., recorded 05'/27/2003, in (book) 697, (page) 3137 in Cumberland County, Pennsylvania. B. Assigned from Countrywide Home Loans Inc., to The Bank of New York. as Trustee, Recorded on 12/17/2003, in (book) 704, (page) 4053 in Cumberland County, Pennsylvania. c. Requested from The Bank of New York, as Trustee to The Bank of New York Mellon I%k/a The Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3., was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Scott A. Morris is the real owner of Property 42 Columbia Road, Enola, PA 17025. 6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 7. The said loan i s in default as a result of the failure to pay the monthly installments of $316.76 due on Tune 1, 2012 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE ...................................................... $51,971.53 INTEREST accrued thru 12/07/2012 of .............................. $648.88 Interest after 12/07/2012 shall accrue at the per diem rate of $299.) LATE CHARGES accrued thru 12/07/2012 of .................... $65.28 Late charges after 12/07/2012 shall accrue at the monthly rate of $8.16.) ESCROW ADVANCES ....................................................... $817.04 FEES BILLED ...................................................................... $2,368.59 ATTORNEY' S FEE ............................................................. $2,600.00 LESS SUSPENSE (If any) .................................................... ($77.24) TOTAL .................................................................................. $58,394.08 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, The Bank of New York Mellon, as trustee,by its Attorney-in- fact, Ocwen Loan Servicing LLC requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of $51,971.53 plus interest thereon of $648.88 plus $2.99 per day from 12/07/2012 until judgment is paid in full, late charges of $65.28, plus late charges of $8.16 per month from 12/07/2012 until judgment is paid in full,escrow advances of $817.04,fees billed of $2,368.59,attorney's fees of $2,600.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: ,,.- _ EV N K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ LESLIE J. RASE, ESQUIRE ^ LEN M. GARZA, ESQUIRE ^ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff Date: December 7, 2012 Nancy Eller VERIFICATION I, the undersigned, _ Cp~~~aggr of, Ocwen Loan Servicing, LLC its Attorney-in-fact for The Bank Of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, ("Plaintiff'), am authorized to make this verification on behalf of Plaintiff and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Plaintiff s mortgage servicing business conducted on Plaintiff s behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false. Date: ~1~1v~ ' l C Name: Con raetn anager Title: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC 4/12/02 8.55 PAGE ].3/60 Righi:FAX . ~~~ ~~_ ,~,~~ spared By; The provident Bank dba PCFS Financial Services, Inc I E Fourth 5t mail 198D, ~1 Nom: _ -~ . .__ , .:J~~~~~1i~.;.`~ ~ L.vif~~rY J " ~~ '02 APB ~3 R~7 .~~ 32 Retuca To: The Provident Bank dba PCFS Financial Services, Inc 1 E Fourth St rnaii 198D; Cincinnati, OH 45282 ---~-- ISIMee AL..t T~ Ling For ~'~ Dam? ~QR~'GAGE 1 D~TONS !a ~ ~ ~ !~$ 2p ~~ 2 C~ ~ ~ aye defer below aad ot~et, wonda prided in S I6. g the usage ~ ~~ u~ in the dnc are {A) "8e~y ~g~har with ai! ~das b ~. wl~ ~s daoed Apri ] 23, 21)02 . f~1 ° ~ SCOTT A. MORRIS '~ Ghe ~' moiler ~ (C) ~`"'is The Provident Ba ~. PCFS Financial Services, Inc ~"~ a Ohi o Corporation MORRIS S H~yI7 ~NSYLV/11y~p - SGg16 FamHy - Fa,~ ~1dk Mac ZJIIII~ iU8 ~'$lpA1 pooe~ // TA[IMENT ne• 7 a ~6 AryYOe/ao //fire MYtfria J~~w+~-~-- v~A•oxrr,,~se~s_ ~6z~aZ9t 8~~ 756PG1 !29 ~'~'+ X33 1/pZ I.tlltll 4!12/02 6:55 PAGE 14/60 RightFA,X °~~'~ ~ e7~g under the laws of the Stdte of Uhi o >'.cada's add ~ 1 E Fourth St mail Z98D, Cincinnati , Qli 4SZO2 I.cndet is rlie mortgagee tinder Ibis Secruity ~stcumem (~) '41Tote" means the promissory note signed by &tanwer and cfatcd The Noce states m'rBornawer owes Lavder-fhf f ty Five ?"hnusand and ono/100 ' 2Q02 . (U.S. $3 h, ijpQ . DO )plan inteast. Bp-xower has pnvurised to Dollars ~~3-ments and to pay the debt in full riot later titan Apr i ~ 20, 2022 this debt is regnlar Periodic PAY metes the prpp~y, that 29 desrribal be,Iow under the heading "Transfer of Rights in the Property . (F) "Loren" means the debt evidenced by tlu Note, p~ ~t sue under the Note, and all stmB dne under this Soatti ~ say l~aY~t and fact cbargrs (G) 'alders" nlC~It3S glj ~5 t4 ihlS ~ ti7[~GIIt, ):~ laterzst. Rider's ate to be execated b $ ~lry t that ate eaecntal by Borrower. The fnllowi Y flisowtx [cheek box as applic~blc): 7°g Admirable Razz Rider ~ Comdom~um Rider ~~ ~~' Piamned Unit 0 S0Dp1gd Hoare I2icler VA Rider ^ Biweekly Rider t ~~ l-4 Fannly Rider Qtbct(s) [specify) ~ "cable La.r" mesas sII ~tutnllnrg ftdtral flniiuaaxxs and a~nlsuative tales sad orders (that havo the tffect off'lawj ~ well as> offi' ~aPpealabls judicial oplaldns, applicable fwal, ~ ty atiaaf ](hies, l+'eey, and ~~~ n'~ns aII dues, fees es9a~s and other gas ills[ an imposed on Bonnwac or the Prpp~y by a oot~ associaa Cott or sinnZar orgaaiz~iou. on, homeowncre (n "Eledtaalc lh'mrde T~aesfei" umm~a any transfer of funds, athcr tbuw s tr ~~, dom. or similar paper ~~ which is initiated thro as eI ~ ~ by or etedzL ~~'• ar magnetic tape so as to order, i~truct, or authorize a ~~ ~~e accoRwt_ Such term iacludea. but is ~t lirndted bo msdhnttou to debit macbune t~eactioas, transfers initiated + P~t-~f sale transfers, autoa~ teller fifers. by ielepbcme, w]t~G transfers, and antemtated clea~ughouse ~ '~saovr rteurs1t means tbnse treats that are devstjbed is Section 3. ~) laneous pmreeds" ~s ~ by a°F thud Pity [other than insurance P ~~ .award of dam. ~ proceeds g~ ~e to, ar man ° f> t3tt ]'t'QP~Y: eri) won or ~es desen'bod in Section y) for; (l? valand~%) ~~~ in Iieu of Dion; ~ Cam) ~t~~ ~~ or airy part of [fie caarditiort of the property. > omissions as to, the l:.oa~_ ~ " ~°s rote pmtectmg Lprda against the noapaymem of, or default on, (1V) ~'eriodic Paytoeet° , qm Y scheduled amount due fat C) principal sad interrst under the Note, pbs Cri) say amounts under Bastion 3 of this Secumity vmanc. Mo>~zs s Nlvi~ ~~PAt romA~ ~,,;{~ii~- P+a~ z of +a Fonts 90SS 7101 Blti756PG~ 130 4/12!02 6:55 PAGE 15/60 RightFA% (O) "1tFS1'A" means the Real Estame Seuletamt ptvc;edttres Aa (12 U.S.C. Secxion 2601 et ae moplemEtttig8 rtguiadon, Regdation X C14 C.F.R_ Fazt 3500). as mi ~ tl•) and its time, or any additittnaj or successor legisIatipn ar ~ B~ fztnn >~ to in this Secauit3' Iaatcumeut, "RESPA" rrfas toregulation that governs the same subncx maser. As used to a "faterat;y rdat~ed mnrt " ~4u's and resi,ictia~ns that are imposed pa re~~ l~l" under RBSPA. J'a8e loan even if the Loan does auot gnatiiy as a "f+aderally ~~ mart &~ (~} "Sbcoesaot~ >a Interest of $Orrower'" means any Party tHat haS ralcen title to the P18P~Y. wltiethCr ar net that party has assumod Honowcr's obligations mtder the Note auelar this Santriry Insrntmeot. ~~ of RrcRls lx ~ ~RO~~xrst Th's Security i<nartuuent socures w I.ender: (i~ the of tho Loan, and all try, earensions one Arians of the Note; and (ii) the pe~'a~~ of Boa'ivwer's cavenanta and agi~ptg user this tY t and the Note. For Win parpose, Hamer does I.eMar the following des~.bcd proprrty h~ in tho mo aoro~ J<a~ ~nj of Count Guntberl and See Attachod Exhibit "A," t~orr'~"d0°Z' which ctarenfly has the address of 42 COLUMBIA ROAD ENOLA [st~i ("Property Address"): [~:rl, l'etmsylvania 1705 ~ Cnatj TOGET'HFR 'OV!'!TI all the impanve~gta now ar hereafter eructed aPP'~tces and fixtutrs now ar a p~ of the ~ _ ~ ~ ~1d all additions shall also be coven! hY this Sectuity Instrmm~t, All of the ~ ~ la~mtnts and Seanity comment as The "Property." ~O1a8 is m'tr~rod to iu this MORRIS S HNl7 /~-BIPA1 to0oel Pq.adte Foe.n9039 ?Jai BK1756PG1 f31 4!12102 6:5~ PAGE 16/60 RightFAX BORROV1IF,g, COVENANTS thu Batrowtr is ~ tilght to m'art8~, &~ ~d conve the ~~ sczsed of thg estate hereby ~rvaycd and bas ~ of trcotdr Y ~~Y and that the Propccty is uueocttmbere~d, cactpt for Barrt-wcr wamgais mad will defraid genitally rite title to the Property against all Jaime and demsoads, subject to any encumbt~es of record, T1EIIS SECLIRT!'y INSTRUMENT rombiaes anifo~ covenants for mtionaI use and. non-umifnsm covenants with limited oariatians by Jurisdiction to canapdute a uniform property. SCCUriLy insttum~ covering real UNIFORM COVENANTS. Borrower and Lender covenant and agree as folloara; L Pmymmt of Principal, Interest. l?serov. IEet~, PreI~9~ Borrower stzail pay when due the lP~ of, and interest o the debt ~~~ sad sate Clta~rge4_ P~ charges mad late charges due nmer the Note. Borrower sbal[ bq the Notc and any P~~t Oo Scrxioa 3_ PaymenGS due under the Nate and this Pay foods for Escrow Itcgta currency. However. if as clack or other . tY Instnaament shall be raadt in U_S_ y msanment ttxeived by Lender as payIDent under the Note or this Y mat is xttoraed to I,eaader unpaid, Lender may mac any or alI snbsequcnt payments due under the Note m~ ibis Security Ind be made in sae or more of tha following forms, as selected by [ (a) cash; tb) moaep order; (e) Certified c2teclc, bank check, measurer's check err cashier's cheep, pmv;ded any such cht'Ck is drawn upon art insWntioa arbose deposits arc iasurod ~, a fed~a! agency, ~,, or rutidy; err (d) l.?l~[oAaic 1~mds Traagfer. ~yu>ceta air; deeuted r«xtved >?y Cruder whm received at the locatiga designated in the Note or at such otbtr location as may be designated Leader in accordance with the notice L~ ~' zelum ~Y P$Y~t Or P~ l~aymmt if the pmvi~oas in Sectioat 1~. bduS tjs+e Loaua . Tender ~+ ~t ~ payment m' ~i~ l~Y~ arc insuf5cienr to without waivq~ of Y PaY~ or PaYmO°t insttfficie~ to bring the Loan Pa]ments ip the ~` ~~ ~ or Pttjndice to hs rights to trfnso arch payrneat or partial ire, but L.e~der is oat obligated to applq such payments at the time ouch payments are aaxptezL ff ~ l?~triodic l~irynaent is applied as of its sdaxhtkd due date, then Linder need ~t iat~ertst an un~plied fugds. Linder may hold such uuapplind fonds mrta Barrowtr makes payment to P$Y the Loan tutrr~nt. If l3orrawq does »ot do ao wiihia a reasonable pet3od of time, I.cnder shall tither such fitrlds or z~ them m Borrower. If trot applied earlier, code faada will be applied to rile pxu~tei balaaoe anda~ the Nate immedieddy p~ to foreclcfsure. Na offset or clsim wht~ g~ might have now or iA the future against Leader shall relievice Borrower frown malrigg Pays due trader the Non ~ ~ y Jns~ or Per6artning the covenants amt! Instr~ent. ~$ by this Security z. App)icatlan of Peymeata or Arooeeds_ F.awept as otberwiae descn`bcd in this Section 2, all due' under th sod b3' Leader shall be applied is the foIIowiag order of priarity: (a) infr~Y _ ore; (b} prmcipat due under the Note; (c) aznovsts due Hader Station 3. Stich payments shall be lied to each Ferfodie I-ayment in the: ortkr in which it became due. Any amounts aPP~ ~ Lo late charges., sts~ to air other amounts due under this the to reduce the ~ ht~ of the Note. Secoonty ~ and ff Lander r~elves a Payment from Borrower for a deiiuqurat Periodic aufhtxeot amowtt to Pay any rate Charge due, tlu mat which includes a the titre charge. Tf more than one Piedottrle Pa9>~t ~Y ~ appliied do the ddioguent pay~t and from I3orrawe~r 6a the npapmmt of the P+ertodiC ~ , Lender may aPPIY ~Y Payer rectived Payments if, anQ to tau extent thaQ, tsrh payment can be MaRRIs s Fi~117' t~~6tPAl ~aaas~ wb PO(~s 4 0~ 16 FDlftl ~'~ t ~1 B~tI~SbP~~ t32 ~/12/Q2 6:55 PAGE 17/60 RightFAX paid in fibll. To the extort that any excess ex;~g after the payment is applied to the fall papmeut of one or mare Periodic Payments, soeh t~xcess maybe xgplioa to any late charges due. voluntary ptepaymmts shaI1 be appliexl first zo nay prepayment ch$rg~ anti then as deeer-bed is the Note. Any t~II1Gat]An O# payt~oeats, ineiranr. ~. ~ M180C11a~0119 W prmc~pal due under the NQtr Shalt ]~Ot CxtCnd Ot' postpone the fine date, or fhangC the sit, of the PenodcC isayme~4. 3. ]lttutds for TLSCa+ow Items. Borrower shall pap tp Leader on the day Patiodic payments ate: due untder the NotC, until the Note is t~ m Poll, a sum (the `Fends') to provide for pxymnent of amcxmts due for: (a) takes and assessnxats and other items which eau attain priority over this Security Instrttrt as a lien or r.~r„»,hran_n,,p aq ~ prompty; ~} icasebald paymeIIts or gmamd r+mt8 on the if 1'rapeatY. ~ (c) P ~ any ash all insutantt raNited I+y Leaider uadCt 5extion 5; and (d) Mortgage Insurance pn~s, if any, or any scams payable: by $otrower Oo Lender in lieu of the payment of Mortgage Insnra>me pttsmitttns is actardatrce with the pmvisio®s of Section I0. These iiemts are tilled "Iiscxow Items" At origaiatioai err at any time during the teem of the Loan, Itnder may require that Comuamity Association 13tuA, Fees, and Asseemmettts. if airy, be escrowed by Borreawa. and such fines, fees std., shall 1>e ea 1`ssa,uw Item. Boxrowex shall promptly fbmish po Leader aIl notices of aueoamts to be paid tinder this Section. Botrnwer shall pay I.Gndet the funds :for P.scmw Items unless Lendear waives Borrower's obligaton w pay the; Ponds for any or all Etctnw Items. Lander may waive Borrower's obligation m pap to I,mdpr Farads for any or all Escroow Items ai any tiu~e. Any such waiver may only be m writing. In the evemi of abet waiver, Ba~aavrr shall pay dimxly, whoa and wheat paiyable, the amounts due for any F-sa+ow Items for which payurent of Ponds has been waived by Trader and, if Lewder requires, shalt furnish to Lander rxeipts evidencing such payment within such tame period as Leads may'ecNi:'c- Borrower'a oblig~on to malct suds paynaenta aqd to provide receipts shall trot atI purposes be dexmed to b6 a Covenant anti as[etaamt mnRained 2n thas Secnnty Insttttmtat, as the phrase 'covenant and agccement" is used in Section 9. if 13ormvtrer is obligaOed to pqy Escrow rterms diraxly, patsuaus to a waiver, and Borrower fails to pay the amottat due for as Escrow Item, Lender may a its rights under Section 4 and pay such amount and Borrower shalt titan be obligated seder Sees6,vu 9 to ~p to Lender any such attloautt. Lcndex may rcvokt: the waiver as ro any or all Escrow Trains at any time by a rtttioe given in acs70tdame•,e prith SexKion 35 and, upon snctc revocation. Borrower shah pay in Landes- all Funds, sad in such amounts, that are them mgared under Phis Stctiaa 3. L~ ~y+ ~ ffiy titae, co]kCt sad hebid Fonds in stn araaunt (~ anfECie.~ to perrnzit Leader to apply the l=ands at dbe tlmo specked ender RFSI'A, rood (b} sat w exceed tote msotimmn amount a lender can require uadtr 1~,SPA Tender shalt esthuate the a~uutt of i'umds due on the b98is of cement dots ~d resso®abk of nepeaditates of !brute Fscxotiv Iteama eyr othaavise is acxot+danee with Applicable Law. The Fads shall be lte3el is au institatioa whose degmsits are insat3ed by a federal agency, ~Y• m' entity C~1~g L.tander, if Leader is as institution whose clepasits are ro insured) or in aDy Fexlerat Home [aam B~Ic. Fender shall apply the Funds to pap the Fscxow Items tin later thaw the time aprci5¢d. wader I;PSPA. Leader shall not cltxrge Borro~wrr for holdhtg acid applging the Fends, aaausily ~Y~g rho eaarrw atx~ttott, to veaifjittg the Fscnow Items, ttttlts.9 Letbder paps Borrower interest on the Funds and Appilc~ble Taw ptan~ts L~etder iQ make stteh a charge. iLlalexs as egreexnean is made in writing ar k I.aw n;goitt:s interest to be paid on the Fends, I.emder shall not be requlr+ed to pap Borrower any interest or tangs oa the Ftmds. Bon+owea and Leader tea agree ~ Wig, however, that interest MORRIS S HtiI7 1~-aiPAf woae~ iKdrr , ~ s of to Force 3039 1101 BK 175bPG 1133 4!12/42 6:55 PAGE 18/60 RightFA% ahail be paid oar the Fimdg. I-wader shall give to Bonvwer, withom chacgo, au mou~~s1 amour ' of the Funds as t+egtiited by RESP.A, t~ If there is a sozpiets of grinds ,held in escrow, as defined ender RESPA, Lender ahalI aCrnmit to Borraower for the ea:oess funds in aooordavoe with RFSPA. tf thane fr a shortage of Funds bold in escrow, as defined under RF.SPA, I.e~~der ah&1? notify Bo~orower as requited by ~~'A, aid Bon~rer shalt pay to Lender the amo®t neoessaty to make up The shortage itt accordanrc with 1t:FSPA, but in no mot7c than t2 Y Pte. ff there is a defmieucy of Funds hcid in CEpppw, as deleted under 1ZESPA, Ir~der Shall notify Btmowtt as required by tiESPA, and Borrower stud! pay to bender the atttount necessary to males up the delicimcy in ancoidmce with RESpA, bat ion no more than 12 moatltly paymears. ~ payment in fui! of aII s~ stcaired by this Security Insttntaent, I.tnader sbali promptly ir[ond to Borrower ~3' Funds herd by I.cudtr_ 4. Chae~ Liens. BOrtvwar shall pay all taxes, asseasmenu, charges, fines. sat itapasitioms attrrbntable ip the Prnpeety which can aotaim prlorhy Over ibis Sec7irity , void payments or stvamd rests aii the Psop~,y, i# arly, and G1o®uuniay Association nuts, Fens, and Asseasnzenas, if say. Ta the ~ttt~t that tLese ittaoos ate Escrow Itesus, Borrower shall pap sham is the matmer provided in Section 3_ Botr~awtr shalt pro~tly digr~ar$e arty Iiea which hag priority tmr Chia Se~ity lhst[wmtnt unless Batrorvea: (a) agues m writing Go the payment of the abligatian sesauced by the Iieo in a meaner acceptable Lo I.mder, but ottty so tong as Bortowrr is performing such agnoempat; (b) cott~ts the lieu in good faith by, or d ~t eafa~aent of the lien in, legal pmrxediags which in Iandcr's opetade to prevent the eafonr. of the Iiea whfle those ~ at+e . but Duly until arch proceedings are concluded; or (c) sexxtm from the holder of the lies an agt+eemrnut sasisfaaoory to LCZtder' sobasdinating the lien m this Seutdt3- . If ~AIIdt1 ~ that say part of the Pmperiy is snb,~t t0 a lien which can attain ptiiorits- ovtr this ~~, ~ Imp. tray give Borrower a notice idemifying the list. Within 10 days of the date. on which that notice is given, tioiraweT shall satisfy the tieit or take one or mote of the as~iom set Earth above in this Section 4. I.~ader ~y ~re Bortaarr to pay s one time charge for a real estate tax vtrificatian and/or repozt~g service need try coder in cam vvitb this Loan. 3. Ptapafp Knee. $orrowec shalt Peep the improvements now ezisriug o* hereafter enxted on ~ ' izuaurod ~t loss by fire. har~ds inchidtd within the term °ea~eaded coverage," and any other hazards itieludi~g' but not IimiLed ta, eacthqualCta and floods, for which Leader This ietsnranoe shall bt::ooai in $te amotnrts ~l~ insurance. ~~ . ,~ ~~ (including dedticuble levels} anti frn the periods that tequirts pttsnant to the ~ten~a can ~~ during the term of the I.ostn. Tote instst~eC pravidiag the insutatice abali be chosen by Boacrawa ect m l:mder's right to disapp¢nve Borrower's ehoioe, which ~ right shall not be c~isad imrrasonabiy. Lander may ~m mower m pay. iu caruouxxian with this Loaur, either: {s) a onetime ctratge for $oad zane det~atlon, ~ and tracld~g services; or (b) a one-time charge for flood Z+ome detcxminapon sad oertifit~dion servitxg and attbsegt>rrit charges each ti>~ ~~ or aim changes occxtr which rcaaoasblY ~t afDcct ttuGh detatmination or mortification. Borrowwer shall also be responsible far the paymprt of any fees imposed try the Federal ~~, ~ A8~9 ~ ~rctian ~~ the review of aqy flood tine det+e rtstttting f~ an abjecilem by Borrower. I~TORRIS S HHI7 ~~A~ ~~ r.geaatie ~ Fotnf 3a39 1ro1 B~ ~ ~ 5 b pG ~ 13 4 4/1/02 6;55 PAGE 19/60 RightFAX If Harrower fails to maintaua any of the coverages destxibod above. Leader may otstain imarsnoe ~-etag+C, ac Leader's option and Borrower's expeaac. Lender is under no obtigattoo to purchase any pattieNar type or amnanyt of coverage. 7'herefot~e, such coverage shall cavcr Lender. but might or might not pmt>:ct Borrrnv~, Borravvcr's egnity h< the Praprrty, of the contents of the Property, against any risk. hazard of liability and might provide girater or lesser coverage than was prrwiotuly in effect. Borrower aelmowledges that the cost o€ the ioanrance coverage so obtained Wight signiftr~atiy exceed the post of inearance that Borrower could have obtainaed_ Any amounts disbursed by Linder aaader this Section 5 shalt biome additional debt of Boavwet stxuted by this Security Instrument, Tlrese amoarnts shag bear interest at the Note rate ~ tht daft of disburaenaeat sad shell be payable, with snda aroecr_st, upon notice from Lender to Borrower raN~S PaY~• At! instarwaex pnlides requited by Tinder and renewals 4€ such policies shall ba sntijeu to Leg's' ~ to ~PP~ at~h Policies. shall include a standard mairtgage clause, and shall arsarae I~endcr as mortgagor and/aar as an addidoaasl bas payee. Lender shall Crave the right m hold tlrt poYscies and s~ewa! certificates. If Leader regatires, Borrower shaft 1~PUy ~ to Leader all resxipta of paid praainans and renewal ~uooticea. If BotrovnGr obtain any form of imearrance coverage, not atheraviae regadted by Lender, for daanage to, or deabnactio~a of, the Property, sack policy shall inehade a standard morrgagr clause and shaft >Aamt Lender as ar>~tgagee andlor as as addmonal toss payee. la the event of loss. Botmrover shall give ptaossriyt notice Uo the insnr~ce carrier and L•tader. I.e9de~t tray maloe proof of loss if not nnrde pTOmptiy by Boaawer. Unless Leerier and Borrower otherwise egret 1° ~~$. any iasarauice proceeds, wltttber or not tIre underlying insnraaoe was r+egtrired by I.cnder, shall be applied io restoration or repair of the property, if the rretoraooon or repair is economically firastbk and Leader's socarricy is not lest. ~8 s~rch ~ ~ restauratioa period, Under shall haul the right m hold such iasusance prooreeds natal Fender bas bad aQ opporbmity to aaspect such property to erasure the wodc bars been completed to Leader's satisfaction, pmvidtd that srrtr inepe~ion shall be nndertake:a pro~Y• ~~' mal- disbtuse procceds for the repaias and restoration in a satgle payment or in a series of pr+ogrtss paytaents as the work is cArapletetL Unless an agtr;pmeat is made in wiitT3og or^ Applisxbtt Law n4~ to be t~ on. such insarmuce prucoeds, Leader slaal! trot be tegttired to pay Borrower any interest or earnings on such proceMs. Fees for public adjasters. or other thirst puttee, retained b3' Borrower shall not ba paid aart of Ctrs; iastuauoe pmcteds end shen be the sole oblipatioa of Honower. If the restorat{am pr a+apasir is ear aa~rmanically feasibly or Lentkr's serenity would be lea4eaeci, the iasarrasace proceeds shall be applied tQ the sr>mg SC4ttrtd by ~ 5ecntity Inatrrm~t, whether or not tiles dare, with the excess, if any, paid to Bomrwtt. Such insurance proceeds shag be applied in the order provided for in Sectiota 2. $ Borrower abanMna the 1'~ro~pttty, Leader may ~. negetiate and aexde any available iarsorans;e claim and related mauecs_ 1£ Bosaawer dues not rrapond within 30 days m a notisx from I.endcr ttra2 the canner has ofFtstt! to settle a claim, then Lender may ~gatiate and stifle the trainer. the 30-day period a£U begin wlresa the aotioe is given. la ettlx`c avcnt, or if Lender acquires tht Property nadcr 5ocxion 22 or otherwise, Bon~ver broeby assnsgos to Y.ender (a) Borrower's rights to arty ;na,ranrr proceeds in an a;motront not flo txaoed tlse amoo»~ ~d tlndat the Note or this Seaerity Instrument, and (h) any other of Borrower's rights (ether than the right to any reiimd of omearned prrmiams paid by 13onower) under alt p~~ cpy~ ~ property. m~ as smt~ tights sae applicable w the coverage of the Property. L,eoder array y~ the # pads eidapr tv repair or aestore the Property aa~ to Pay atnonnts mrpaid tinder the Note or pia Security Instsamamt, ahezher or rat thta due_ MORRIS S HN17 ~IPAi ioooat ~ ~ d ~ e ~ ._._ ~nrm 3039 1l07 BK~156PG1135 4!12/02 6:55 PAGE 20/60 Ri.ghtFAX 6. Otwpatts~y. Baaowcr tball occupy, establish, and use the Pnppecty as Borrower's principal residence within b4 days after the exectttion of this Security Inshttm~ent and shall oontinne to occupy the Pmptrty as BotY+awet's principal residents fur at best one year ~ rht date of occupancy, tinders Lender otherwi.9e agrees in wrirhtg, which Consent Shall not be unreasonably witbhcW, ar ualass exteIIUSting Circe east which are beyond Bornower's ecsatzal. 7: Prtservetian, M4inteiaemx rune Prateetion of the PrnP~9; ~us• Borrower shall not desttay, d8ID$$e Or m~sair the Ptnpeny, allow the Property to deGetiorate or commit w$$Ce QII the Property. Whether or oat Borrower is rtsiding in the 1'nOperty, Bomower shall maiataia the Properry is order w prtvrnt the Property from deteriorating or decrpsiag in vahtt due tb its ooadition. IInless it is dtxernrined putsnant to Soctioa 5 that rtpair or restoration is not economically fusible, Harrower shall PAY ~ ~DP~tS- ~ to avoid $n'ther detecioa'ation oz damage. Tf iawunmce or toAdamata>ion proceeds arc paid im conuecGioa with daalage m, or the taTd~g of, tlic Property, Borrower oboe! be r:~~le for rapairing or rta;toring the Property only i# Leader has relrased proCOOds for such lnarpoSea. Lender dory disburse proceeds for the repairs and restozabiaau; is a ~~ payroeats ~ ~ vaori< ~ single payment or in a sexes of oaaaplt~ed. If the ittsuramtx or oomdemaation practxds are not sttfficient to :apart oar restore the Property, Bormarer is not rr.lieved of Borrower's obligation for the connplctio» of such: or resiora~on. Leader or its agtat may make reasonable sorties upon and vtspevrdoffi of the Property. If it has reasonable canoe, -Leodac may invpcct the imecior of tha i~ oat the Property. Leader shall give 13ormwrr notice at the tints of or prior w suds an interior agrcifying such ret~oraable ~. 8. Btareowadr's Y.oan Appliicattiass. Boocower shall be in default if, during the Loan application prooeaa, Borrower or airy prxsoas or entities aarag at the directiots of Borrower or with Borrower's lcrtaRVledge or consent gave m~amerially false, mislcsding, or iuacattate iafonooation or Stattart]eots ib Lender (or faRed to provide !.ender with mateclal iIIfotmation) in connection with the Loan. Material ngxese~iediOns indarde, but aft: not limitt:d to, rcgr+~mtations oaac~uing Boaxo~wcr'~ Oe~p~, of the Praperiy as Boaowar's priatdpal residence. !. Protaxtiaa of I.sadea'a Inicrest in the Aropaty and IIndas ibois Sec~lty Insinttmeut. if (a) Aorrnw~er tills to pexfio~ the m,resaants aaad oootgined its this Setcurity h~i,ament, (b) thew is a Iegal proceeding that might y a$xt Lrncier'a fata+cat iu the Property and/or rights under this 5ecattity Instrument (a+x~t as a pracoodutg in banlrratptcy, pcohate, for eonde~ation or fm~fEitnre. for enfotttment of a lies which may Main priority over' this Sacttrity Instrument or tra enfrnt:e laws or roB'o~~3. or (c) has abandoned the Property, then Leader may do and pay for wlsatever is reasonable or apptapriamc to protect T.ender's intrrest ~ the Property and rights tutder this Seuizlty Inatrom°n, including Pm~t3 aadlor assessing the value of the and Property, securing andlar repairing the Pmpeaty_ I.aaddt's aaia~IIS can include. lint are not limited to: (a) paying any sours sZCtrrnd by a lim which has priority over this Secerriiy ; ro) S in oo>~: and (e) paying reasonable attoaracys' fps to protect its interrst in the Propexcy asadlosc right under this Soauity Instrument. including its stcutrd poste in a bankruptcy ptdeeeding. S~urimg the ~ 7 ~ ~nalae , d>aege ldcts. rep]aoe Or board up dooxs aodand windows, Grain wader t~ pipes, ellaomate bur7ding or outer code violations or dattgeronas oonditiam9, and leave utilities tamed o~n or off. Althgetgh 1;.radtr may talot: ecii~ under ibis Section 9, !.ender floes not have to do acs and is pot under aaty duty or obligation to do so. Ir is agreed that Leudtr iuctus no liability for not taking air or alt aermats authorized under this Seetiaa 9. / HUBRIS S HNI7 7nklra: 1~-aIPAi toooa~ r.~.sor,e Form $039 7lot . B1{ 1 756PG ! L 36 4/i2/02 6:55 PAGE 21!80 RightFAX Any amounts disbursed by Leflder tinder Ibis Seaiom 9 shalt become additiaaal debt of Borrower secured by this Secarlty Iastruioaent. These attaouat, shall bear interest at the Note rate from the date of disb;usemeat and sbali be payable, with arch iaiGrest, upaa notice from lender to BarroWer regatsting Paymect- Tf this Security Instrumestt is an a leasehold, Hnnnwer shall ~41y width aIl the provisions of the lease. ff Borraw+ea aequhes flee title tp the Property, the ieaseltold and the fee trade Shall not merge unless Lender agrees to the mergsr in vhitit4g. Ill' ~ ~' ~ Ir~der re9~~ Marige~e 7nsarance as a candiitia~r of n>alriag the LaQn, Borroweat shall P4Y ~ P re~gwrt~d to atai~atam the Mortgage Instn~auce in effect If for any reason, the Mortgage Itsdmaace regtured by Lender ceases to be available from the martgeige insurer that PAY provided such iaettrance and Borra~wer was regnund to amloe atpa4ately designated Payments toward the prrmi~ ~ for Adartggge Insnraace, Borrower shed PaY ~ P~~ ~,~ to obtain coverage substmniallY ~~tAtt m 731e Mcg7gage b>stuanoe pmcvwn~y in effect, at a cost sabstamaatly egttivaltnt tp the cost to Borrower of the MortgaYe Insutgeee prr:'viwdy in , fronx ~ alternate mortgage insurer selected by Lendex. If snbbta~iaily equivalent MaQtgage Iasttraace coverage is nut available, Boaower shall coatimie to poly to Lender the amount of the aePara~tely designated paymeata that were d»e wltCn the insrzzance coverage cea7ed m ba in e~tCt. IradGr will accept, rase sad retain dress payments as anon-refundable loss reserve err lieu of Mortgage Insuna~t. Stich loss xeaezve shalt be non-rarfirndable, ~ the fact that the i,oan le UltimaorlY Pang is fttQ, sad Ltnder shall sat ba mq~ to Pay B arty interest or eatnimgs ofl such loss reserve. Leader care. na 1 reserve pAymmis if Mortgage I~nsarance coverage Cm the amount ao¢d for the °~ rogttire loss provided by ap i~uer aelectad b Lender $ pt~od that Ir~r ralaires} Y l~ bectames ava0able. is obtained, and header rpgUira sepatatety de;si;gnated pgymeats toward the premnrnts bpr Mortgage ~nnraaea. if Leader recjuired Mortgage Iasara~e u a at>ndition of making the Lean aasi Borrower wsa rem to stake Sepattttrly PaymeoL9 toward the fur Mortgage rns~ca, Borrower alsll ~+ the prmmems raquir+ed taro Mortgage I~» ht effect, or to provide a non refundable lass reserve, until Leader's ~ for Moztg>48e Inauranoe ends m acoordaace with any v>ritiea agrmmesvt between Harrower afld L>mder l~'~8 ~ each termiaatioa or ta>tfi tetsaiaation is rexlnired by Applicable Law. Nothigg in this Section 10 8ffetts Borrower's m PaY in7etest at the rate provided is the Note, Mortgage 7nsnt~ Lender (or any etuity that parthases the Nate) for certain lasses it may i~ if Harrower does not repay tine Loan as agreed- B4rmwer is not a patty tin the Mortgage Iz~aaoo. Mortgage iz~s cr-ahtate their total tint on all sack voce is force fraaa time to time. and may ~ ism ~ wig other pattka that shame err nraciify their risk, or reduce losses. Thesx agrrb,~nts are auc r~ cad cxmditnans that are satisbctory to rho martgaga is and the other party (or parties) :Q of innda. Tbeve eta may t+egttire the uwrtgage iasnrex to ttla9ce PaY~ts ~g any sattrrre n°O ma9 have available (which may include funds obtained from Mortgage lasrttance prr)_ As a rrsalt of these agreea>Gnts. Lender, anp purcbaacr of the Noce. aaothac inaur~er, nay rimer, ~Y otrier CoEiiy, err say affi7iatt of any of thrr fivnegainE, mQY receive (directly or ittditectly) amownts that deavc from (err rtslght bs cb~acteri~ed aa) a portion of Borrower's payments fpr ~,$ n0adifying the ~ ~osat7rnce, in e far sh err rJOOrtgage insartyC's risk, or redacatg !oases. Yf sttc;lr agr+eemetet provides t~ as affiliate of Leader taloes a share of the iasuter's risk in exchange for a abate of the premiums l~ m the ittaams,lhe azraggemtat is siren termed "captive r+nitts7ttance_ • Ft3rther: ($) ~4 sucL a~remtents will not tt[feet the smnetmts that Borrr4sver hos agreed to pay Pot Bor~ wrtl ~ ~ other t~rtts o~[ the Loam. Bach aacee~ will not incrr~e the etmouut Mortgage use, and they 7Mlll rot eaxitle Harrrowes to atop refaod_ MORRIS S NNI7 1~~41 tvaast Pp. 9 err +a Form 3838 7107 8(~ 1756P~ t 1 ~ 7 4/12/02 6:55 PAGE 22/60 RightFAX (b} Aay suck a$re®ne~ats vrili oat aRect lire rights Baaowor has - if any -with rrapert to the Mortgage Inamram~ge larder the Hameowaeta won Acs of I998 or ~ other law. ~ese Mghts may include the right t0 reoeave cQtaSn dlsclosu~.s, to roque~ and obteubt caa~ahoaa of the ~ to have the Mortgage Intaraace teawiaated xesrlLy, anel/aor to reodvc a teltmd of sqt Mortgage Xnstrramce prmrimrls tkat were uaeerned at the time of each tiaa or trrnaia8tioa. 22. Aa6ign~t oi' I4Gsedlalgppus A'ooeerls; Forfeitmce. AB M19t~IIaneaus Pmce:ods are hereby assigned m and shall be paid to Lender. ~ ~ Y ~ , snCii Miscellaneous PnnceecLq shall be applied to re~tor~aaa or repair of the Y~aperty, i~f the restomt'lOn ar repair is etcoaomleaUy feasible a~ LCndec'a aeceuity is ~ Ieasesreci. Dnriug sack repair and restnrariae period, shall have tht tight m hold sa:dt M*s~1l~oou~s Procoads until Leader Las had an opportunity m inspext such piroQcrty to insure the mor3c has bees oom~letad to Leadds satisfaction, gravitled thin attch inspection ~ be promptly. Lewder may pay for rho ~ sold ze~otario~ri itr a siagla disbot or iu a series of progress payments as the work is ciompl~d. Unless an agreement is made in writing or Applicable Law regrarea i to ba paid on such Mixdlaneoas Proe:ocds, Loader shall not bE tetptu~d! to pay Baaxower any i~ ar rsmings oa suck MisoaUaneous Proceeds. U the taestoratxan or repair is ttat e;conottdcally feasible ar Leader's ~th9' would be leaseaed, the Misatlaneat>s Pmcxtdt: shall be applied to the arms aaatned bq this Seardty b~ttument, why ar not then doe, with rtes , if anry, paid to Borrower. Such Miaodlanepns Ptooeeds shall be applied is the order gmvitded for in Secdoa 2. Tn the e:vem of a total ~8, deattudion, ar loss in voters of the Pmpeaty, tLe Iv~scel3eneous I~IOC~Ede Shall bC SQplfCd t0 the BIIIItS ad3riDd by this 5aanity lasuvment„ wlutheT or rust then dIILy witL tb0 eucees, if eny, paid m Borrower. In the event of a partial taxing, dasbtactioa, or Inns in valve of the Prapc:tg in which the fair market valve of ibe Property imnnodi~jr before the partial taking, dea~a, or Iola in v~ is ~I to or greetdc than me amour of the sums sxu¢~ed by this Searrity InstnmoepL immmediately before tl-e partial ~$, , of Ion xn valve, tmtess Borrower and Lender athasvist: agree in waling. the sums secarod b9 this Sooty ~ be redrrcod by the mmorwt of the IVIIaeelltmeorra Proceeds ataltiplird by the tallaroving Inaction: (a} the total amount of the sums seGlund fmmQdiatety bttbre the partial taking, deslzoc7ioa, or loss m valve dirided by (h) the faEr value of the Property innrsediatety 6efo~ the p~ t~E. dcstrttctioa, or loss in value. Any balance sha11 be paid to Boaowtr. >a t5a eveRtt of a patrol ta1~g, destrocaga, or loss In value of the Prnprsty in which rhea fair mazlu~ value of the Prop~y ;~;~y before the partial talrBtg, dssdroetian, or loss is valpo is leas then the amount of the aurae secured iunoodiately bafoTe the patdal taldag, des~ut.'bo,D, ~ loss in valve. un~leras Borrower and Lt"nder otherwise agree in writing, the 14liscellaneoers PtooOeds steal! be applied to the eamns seatrzd by thin Secnritg Instrumnent whether or not the nuns ate then dne, ~ ~ ~P~7~ ~ d by >;otmwer. or if. after noroice by Lender to Hanawe~r that the Gpp~B p~I' (~ tlet-toed im the ntxt sentence) offers to make an award to seals a clam for darnsge~s, Bouowcr fags to resposrd to Linder within 30 days oiler the data the notice is givesy, T.eoder is authorized to collect and apply the MrSOellaneous Prooads either m testatation or tropair of thr Prvpettg ar m the aroma sowri,d by this Sexamdty Xneizmnmt. whether or not then dne_ 'Apposing Party" mesas the tbdrd party that owes Barrowbt~ ~~ pis or the p~erty agahrst wlwm Borrower Iles a right of action is regard m Ndistxllauaeoas Proceeds. Borrower shall be la defatdt if any action or procoodit~g, whether civil or crinrinal, is began that, in Lendds 1~~, could res~rlt im fotfeitnre of the Property or other material impairment of Lcmler's interest is the Property ar rights amoder this seawaty lnefrmnmt. Boaotve:r cea crue srJCh a defitttlt and,, if., ac:cderat3oa bas oocnmed, as providod in Section 19, by wag the action or protxedit~g to be MORRIS S HNli -etPAl looce~ ~` aqe toes tb FOi1f~ 3039 1101 SK 1 756PG 1 138 4/12/02 5;55 PAGE 23/60 ~ightFAX dismissed with a rNigg ilia[, m Lender's ~t3°~~ p~cludes forfahue of the Property or otlscr material of Lender's interest m the Property or rights [order [Iris Setarcity Instnnneni. ~e proaods of. ~y award or cdaiur for damages that art ilt~atsble m tht impairmtnt~of Lender's asterest to the Property at+e heresy assigned and shall bt paid to Leadtr. All Mtep Pmcaecls that ate not applied to restoratl~ or repair of the Property shalt ba applied in the ordrr pd+avjd~ for ~ Suction 2_ IZ. Rarrowar Nat Released; ForbemCeoce Bp Lst¢der Nat s Waiver. F~ensioa of the time for payment or tnodiflcatio~n of sa~sartizaria~a of the sums secarrd by this Sxurity ~sttumeot granted by Lender to Bouower or any Ssuxrssor iA ]Merest of Borrower shall rent opera2a to release the liahBity of Iformwer or nap Snocxs9or8 in ]&ste~rest of Bnaoovar. Leader shall not be nc~ulrod to a praoeeding6 against ~Y Snc~aor ~ IatGreet of Harrower or to r to extend t~ for payment or otheraride modify amortize#;on of the aims secmtd by this Secoartty Instrument by mason of say deraend made by the angina[ ~BortcOwer or any a its IntEr~G9t of Borrower. Any forbearan0e lry Larder in eaterci~ing any ~ ar ~Y itsduding, withoat limitation, iendet's aaxptanct of payart:ats from third persom. entities or Saaxsaars is Iatdrest of Harrower Car is aamttuis Leas [ban the amamit then d~ac, well not be s waiver of oar prechtde the exactas ott arty right or rrmody. I3. Joint and Sievetral Liability; Co'slpserx; Shace~aas smd Assigns Berssid. Bormwtr oovenaois and agroes that Bormwar's abligatiaaa and liabsliry slsatl be joint and several. However, nay Borrower who w-signs this Savrity Iasttament but does not aoeuue the Note (a "no--sigorr")- (a) is c~.aigmng thtfi Security Irm'trsmxnt only tIo rnortgagt. grant sad convey die oa signet's interest in the Property render the terms of this St~carity Itasatttrrcnt; (b) is not pcrsonatty obligated M pay the aortas secured by this Semrity lastntnnent; sad (e) agrees that Lender and say otters Hormvvez can egret to extend. modify, 8orbear ar make any scoaaaarrodaritons wld- regard to the terms of this Sernsrity It ar the Notc wlttlottt the co-signer's conseflt_ SobJ~t to the provisions of Sew 18, any Suc~sor is Interest of BaFrnowtr who asriames Boa+awrr's obligations tender this Seemrity Iastcstmeut in writing. and is improved tip Imder, shall gl,anin all of Boaower's rights and 6eaefrts ,order this Security Borrower shall not be rdeasod from Borrower's obligations and liability aada thin Security Instrustunt unless Lam to such zrlease in writing. The covenants sad agrermsnW of this Setastity Iosttnment stroll bind (except as vided is Se~ioa 2A} and baad'it the stie~orx ~ ~ 14. Luna ~~ of Lender. Landes' ~ charge Borrower itx9 for services performed in connecdon with Bcrcower's defsrult, for tlu pntpase o~ prntesxigg bender's interest is tbt Property and rights under this s~~y Iut, iaclnding, bat oat limited to, auomeys' fees. ProP~l' ~ sad valuaRion fees. m regard to any other fees. the absence of capmess authority in this Security Instrument m c]ierge a spocific ke to Borrower shall rent ~ tnmsttued as a prohs~itioa oa iris e~,ging of such fee:. I.tndcr map nut age foes that are expttssly P~~ b5' ~ Instnuneat or by Applicublt Law. If the l! nan is yubjeCt to a Iaw w~ arts nom loan dterges. sad that law is finally inrerprtted sa that the itterest or other lnaa cliatges collected or to be caliectod in connection with tht Lola rxceod the permitted 1smits, i3lea: (a) any atuh loan eatarge stroll be reduced b3+ the ataonat peccasary to xednce the rhatge to the Permitted lio:i~ noel (b} nay bUmS sirrady collected from Boaowa• Which a pemnitted limits wID bG rrlimdtd to Borx+otver. Lendtt may choose to malra this reftmd b7' r+edatcing the principal caved tinder the Note az lry matting a diroct payment to Harrower. If a rtfand redtuts tht reducxion will lac > as a partial prepayment tvlrhotst any prcpaymsrnt charge (wbWier or not a prepayment charge is provided for under the Note). Butrower's acoegtancc of mry stub neftwd nand[ by ~paymeM to Bomotper will onmuitsue a waiver of any right of action );orrawtr might have arising out a[+~rge_ Li. Nolfuors. AB notices Siven try Bamower or Larder is oncorse~ion with dais Setvrity IDStrtmreat must be is wrltmg. Any notice to Horrower in comtecrion wild. this Secuuity Instnrmart shall be deeased to MORRIS S HN17 ~~~ (~-6fPA1 tD00Y1 ry. t ~ d i d Fenn 3039 7101 BK1756~G1 l39 4/12/02 6:55 PAGE 24/60 RightFAl( have bee~u given to Hotrswver when mailed by first loss mail or when actually delivered to Borrower's notice ssddteas if sent by other means. Notitx m guy one Batmwer shall constitute notice to aII Boaowets uukas Applicable Law expressly mtNires othemvist. The notice addtnas shall be the Ptnpezty Address unless Borrowts: has desigaared a Sttbatitote notice address by notice to I_ ]sortoarrr shall PrwpaPdY notify Lender of Borrower's d>ange of addrtiss. If I.Gader apeciSes a pmced>ue for repotting Botrowet's change of address, then Borrower shall only report a change of adder thtttugh that specified procedure. Them may be only tine desigs>$aed notice oddness tender this Sonnity InattutneoR at any one time. Any notice np I..tndier shall be given by delivering it or by mailing it by first doss mail to Leader's address slated herein unless Lender has desigaoDed smother address 6y notice oo Bomower. Any notice lot oonnection with this Saatrity lnstrtmoetat shall trot be deemod ?a have bmn.givea oo Lanier until sexually troeived by Lender. if any rtohce required by this security Iaattuuoaent is also ts~vired uttdtr Applicable L.aw~Applicable Law ngnireunent will sas;sfy the cotreaponding zegais~t under this Socnrity 16. Goversasg T.aw; ~'~~ lSttttes at C.oiaatrtktiasti This Secaaity InahvmaoR shed be govetaed by fedtxal law and the law of the jatisd~tioa. in which the Pmpetty Lt located, All rights sad obligations contained in this Security see subject to any te~irenmta a®d limita2iona of Applicable Law. Applicablt Law might explicitly err implicitly allow ~e patties to agree by cot><taet or it iaight be silent, bent such silence shall net be construed as a pmilibltioA against a~tteat tsy co~rart. In the event that any pivvisivn or douse of this Security Insttumrmt or the Nose oontlicxs with Applicable Law. such coaSici shall sot affa* other provisioffi of this Security instrument or the Nott w>aieh can be gives e$ect withnnt the provision. Ai used in this Security Inshumeutr (a) w~otds of the may~t;n~ geodes; shall mean and i>YC1ude cosrespamdiu4g nesuer wools or words of tht feminine gessder; (b) words is cite singalar shall mean atui itxlstde the pltual and vice ve[ga; and (c} the word "may` gives soft di~o3n without asry obligation io [site any actiaa, 17.1llatr+owpr's Copy. Borrower shall be given one copy of the Note and of this Sxuricy Tnattomegt. 18. Tra~ac of the ]Property ox m Ben~dat InEa~est in Borrower-. Aa used in taus Section 18, `IuCtxest m the Pooperty* tneass8 any legal or beae5cral znaett8t m the Property, mdttducg, bat rat ltmcttd. to, thost beaef~iat it-Le[>~sts iranafrsrnd fa a bo®d for deed, for deed. installment sates cormrttct or eaaonw amt, the inteai of which is the naasLer of title by Borrower at a fisWre data m a purchaser. If all or any P~ of the Property flr any Iater+est in tht Property i$ sold or traoaaferred (err if Borrower is not a natural pettam and a beneCltxal isrterest in Botmwcr is sold or tratesfrtrtd) without Lender's prior written eonsart, bender may raluare imatediffie paymeaut is fuA of all soma secured by this Security bosaum~t. However, this option shall not be excn-ised by Lsmdar if such CJDGLtase is pro~'bited by ~~ ~'- If Lender exercises this optiam;, bender shall glut: Bonower notice of accderatiaa. The t>mice shall provide a period of not less than 30 days frann rho date ~ aotict is given st accordance with Section 15 within which 13ottower must pay all saws scented by this Security laatttmnGnt. If Botmwcr fans to pay these aortas prior to the expiration of this peaod Lender may invoke any remedies ptamittod by this Security Xnstrs>mrau wltltaut fitttltet notice or demand on Bormwdr. 19. Bort+awar'a Bight to Bdnstste Attac Accelerati~. If Borrower meets oettain canditiams, 13ortowrr shall have the rigtst to have eafo of this Sotanity Instrurruent t3iscontinued at any time prior to the tarlieat of: (a) five trays before Bate of the Property ptattaamt to say power of sale contained in .. this Secxxairy Instrsiment; (b} such other period as Appficuble Law might specify for the tetmina~tc of I3ortowcr's right to reiAState; err (c) entry of a jt>d~nt eafarsiag this Security Inarrttrttksnt. Those cxrnditi~s ate that Botrorover: (a) Pays Lendac all arms which then world be due under this Security Instttmaesst and the Note as if ~ ~celeratioa bad occ>rrr~; (b) csaes any default of any other covcoanta nr MORRIS 5 NN17 -6tPA1 ioaoa~ ~~ rap. tz of t s Fo~llt 3Q39 110'i BK175~~GIi40 4/12/02 B:55 PAGE 25!60 RightFAX agreements; (c) pays ail cxpt~es incased iu emforeing this srcttaity Instr+~t, iraltrdiag, bat not limited to, rtaesaat~able attorneys' leis, paogerty tan and valuation fixs, and odor fees incurred for the purpose of grouting Leadex's interest in the Property sad rights ~ this Security fir, and (el) rakes such action as Ienaer u~sy seasonably ttiquirc w assure that Ltader's interest i>x the Property and tights wader this Security Inabrnn~ent, and tlarx+pwes's obligation to gay the same sexurod by Ibis Seexrrity Instrument. abut! ooadnue anchsagea_ Leader may require drat Iiomowerr pay such rt:matatenoent saws and eapensea is ant err some of the folmwing Rocrosy as selected lry Lgader: (a) cash: {b) ttmaaey order; {c) oettifrcd c1-ecic, banit check, ueaaarrt;t'a check ear caahier'a ebrclc, provided any at>Eh drxir i& drawn apo® an iaatinY<lon whose deposits are insured by a federal agency. amity or entity; or (d) Electronic Fonda Traaafer. Upon reinstatemaot by Beuawer, this SeeaAtp In9trruneat and obligations sextlnod hereby sbaIl remaiar fully eeEfexxrve as if no aecekraaiou had occunrod. However, this right m retiastate shall not apply in the rase of asceleratioa nadet SpCtiem 18. 20. Satre of Cbattge eK Loan Srrvieer; Notice of Grievance, The Nate err a gacval intettst in tlae Nett (togexlctr with titre Serenity Iaextitmemt) can be aald care eu more Mmes without poor entice m Borrower. A sate nrighi result m a dtanEe is the endty (!mown :s tl:e "Loan Seaviexr") that cottexxs Pttrtndic Paymaus doe unelex tIx Note and this Security It anei performs other mattg~ge loan setvie3ng otdigations tmdex the Note, this Security Iaexrntt[cut, sad Appliatbte Law. These also might be one or mono changes of the Loan Setvicex tmrelated to a seta of rhea Noce. If throe is a change of the Lose Scouter, t3aaower ~v~71 be given written uotiex of the change whie3t will state the nee and address of the ne:w Loan Seavieer, the address to which payments ahonid be amde and any outer iafv~maon 1tESPA requires iu aomnearat- with a notice of transfer of seivittiag. If the Nate is sold and ther+ea$edr the Loan is aervictd by a Lour 5erviCer other titan the pnlrchaser of the Note, the rnortgagr loan servicing obligaSiotts to t3ouower an'!! remain with the Loan Sairioer nr be io a sacoessar Loan Servicer and are not assamod by the Note garchaser uutess otherwise provided h'Y the Nt>tie gnz>~taaeer. Ntdtbex Baanwcr oar Trader raay cannrtemce, join, or be jaiuaI to any judicial action {as either au individual litigant or the metuber of a Crass) that arises f~ the other party's actyonv pursuant m #his Security Insttamgat O~c thud alleges that the exhex peaty ]las hrrad>ed say provision of. ex any dray owed by rcSSOn of. this Sugt[itty Instrument, until sttcb Haarower trr Leader has ttoti5ed the Other petty (with such untrue givem in aormpliaonex with the its of Saxton 15) of such alleged btu attd affarrletl the othea party l~0 s reasa~nable period aRer tite giving of such ttotioe to take o~etive atxiott: If Applicable Iatw provides a t#rae period which moat daps before certain attiern can be talons, that time period wi'}I lx dexmed m bt: rt~anable for ptaposCS of this paragaaph. The: notitx of aeexteration and ogportnedty to cute given to Borrowrer ptttanaat w Section 22 and the notice of aocdesation gives w Borrower puaranant to Suction 18 shall be eiexmed to astisiy the notice turd oggorcamity to take canreetive anion provlaions trf this Soctioat 2D, 21. ~ ~. As used in this Section 21: (a) 'Hazardous S~rbstataees" arc those s~tbsttnuxs d~ as tDxtc or lsazaurdQns sabstaners, polhtta~uts, or wastes by Bnviro~mmerdal Law and the fnbowtng aubstataceAs: gasoline, kerosene, other SapoOOSble or toadc pexrotentm pro~ducis, tonic pesticides and ~. vOlatdc sotveats, n3attriats oeaatainiag asbesoos ex foanatdrhydt, sad tndioat•.tive: mStelials; (b) oooeutal Law" mesas federal Iaa+t and laws of thr " relate La nth, safetq ar environmexttal J where ~ y is located than Pte; (c) "o~ta1 Cteannp" includes any respanse uxion, mnedtel aCtson, OI removal action, a5 de5ned m Htnriroatpenral I.HW. Sod (dj ~ 'Eavrra~tal Crnadltiori° n>t~os a contiitioa that can cagae, ealntrt3atc m, or otherwise trigger as Envtmnmratal p• MfORRIS S HtiI7 M (~-6{PAl ~oooat qpe ~3orte Fora 31[33 73ot BKl756P~1l4t 4/12/02 6:55 PAGE 26/66 RightFA% Borrower shaII not cause or pewoit the presence, use. dim, storage, err rdeBSe of any Hazardous Sabsta~uc+Cs, err tbre~r~ to release azry S~-bstaacts, on or iA the Property. Borrower shad act do, nor allow ai-pyoat arse to do, agytltir~ affixr-ng the Prnpetty (a) that is la violation of say Eaviraeuaaaral laav, (bj which creates as Fnvlronmratial Condition, or (c) which, dare to the preaeoc~ ust, or trlease of a Hazardous S~tbsteacc, castle a oonditioa tba[ advGrsdy affects rise: vtlAe of the Property. The pm~,timg two searer~s aball not apply to the preeestce, use. ar storage om the Property of saes]] quantiiics of HazandoUS ;~bstt+ace,4 tUat tsrensg recognized to ba appropriate to normal residesnial uses ssad w mainicnaoec of the property (' 1f~ ,but not Ilmite0 io, l~rdous sullstanees in ~nnar products). Harrower shaII promptly give Leodci' written notice of (a) any Investigation, claim, drmaad, lawsuit or otlicr actiamt by any govacz>noeatasl or regulatory agency or private party involving tJre Property sad a~ Har~o~Csrs Sce or Env] Lsew of which Borra+~var bas actual knowledge. (b) any F~vitosm~al Co~aditiom, ineludiag but not limited to, any spr-Ilm$. lesldng, d~elta~c, rrkast or threat of rrlea4e of any Hazats~us SubSt~loe, Bad (c) any caused by the presearx, use or ttJ,tase of a Heurdaos Stibstaace which adverady affrcts tttt velsre of the Propextp. Tf Berrowec ]carps, or is notified by ~Y govcs~nearal osr ~ulatorS' asubority, or any private party. thss, any ranaval or otbez rsnnedvstioa of any Hazardous Sbbstapce affaxiag the Pxaperty is aeressaty, Barroarer shall promptly take ult y remedial arJiams in ice with Lnvimnsneatal I.aav. Nothing Herein a>,all ra+rate any obligation on ItaAer for an 15aviratanedtal NON-UNIFORM COVENAI~1" 3. Bone~oWec and ireadec fntthtir covta~mr erns agrx as frklla9vs: ~- Ikon; Rem~es. Lender sbwll give notice to Borrnwac pdie~r to aoa iollowiag Borrower's breach of gay eoveturut or ag~reemat~t In this Security 3nstr~t {hat not priaa~ ro a4odnatiami ender 3cetltm 1$ ttaless AppliicBble Lavr psrorieks Leetdar ttlali. aotf!'y Bo~"~' ~ S ' ~8~ ter) ~ ~$~; (b) tht: action required to aline the dtdle~tt; te) wliea the dctaalt comet be erred; and (d) that faBnre to care tic de[ttttlt as map result in accelara>dun of the sus stecwred by thus Secmrily 3osagm~ foredemuore by jttdidal pt,oceadmg read sale of Elbe Rvpsuty. I~eaelar shell fisitter inform Borrows of the right to rd~ate attar at,celarafien amd !be ~t to ~®est is tht; foredorame pt:oeeoding the name-adsbmce nt A de#sult orr soy other defSen9e of $orrnwer to ao~{iou sad foredoawx. If fire det'auli is not apred as spedfiea, Leerder at its option may' rape i~maaedate paym~t in tell of all s~ sncUrsd by this Setaaaty 1~Ertmo~ant -vithaut l~artber demand and racy foreclooe #lds 5ecmiby 1~'mment by lrtd<eial ~oeet~g. Lmddt shell >k entitled t4 collect aII er~esrsee iecaned iu pn¢webog the ranr~eelles pa~avidal iu this Sactbn Z2, includ[ng, bat not itemited ter, attorneys' fees and costs of titk evidesmx to t6er estesrt permitted by Agpl4egb]re Lsrw 23. Release. Upon pryoAtut of all sums secsurd by this Sotririty Instruoacat. this Security Iranrumemt and the esta2C conveyed shall tr3mi~ sad beootne weld. After arch oaasrreace, Lessder shall discharge and satisfy this Setanrit,~r I>ma:t~at. Borrower shall pay any rsxordation costs. I.eadta may charge 13orrowtt a fee for rdeastag this Sepuiry Instrmmemt, but early if the; fee i$ paid to a fiord parry #or se:,ricra rcadtred sad iba e]targimg of the fee is peunitted under Applicable: Law. 24. Walwers. $ooQawtr. to ~e eaeteat pemrltted. by- AppFicxble Law, waives an,d rcltasGS say error or defeats iu procee~Inge to e:aFotue this Security Imtrmmestt, sad hereby waives the benefit of asp presort or• faxsme laws pmvidiag fix stay of exe~ion, txteusioa of tare, e~ssption $a~m. artaclameat, Ievy sad sale, and horaeatrad earstnptia~n. 25. temmt Aeriad. 13errowds time to rseins~tau provides] in Seaiaa 19 shall eac>rad to one Losrr prior to ttte cohost of bidding at a sherlfP's sale oz other sale pursuant m this Security Tnermnrnt ~• Pacrha~e Money ~e. if at-y a~f tl-e ddK sew by this Seeuriry Iasmat~i is lent to Bnrrawer W aotpure talc to the Property, this Secuuity Iaarrmaeat shall be a peachae nnaney e. 27. brtereat Rate A1!ber Jsdgmeut. Botrower agues that tine intea+egt tart path: aBerII~ is cantered on the Note or in an action of mortgage foreclosure Shari be the rate payable from time: to brae Under tin Neu. MORRIS 5 HN27 ~~`a (~-BIPAI poo9f r.0.:s d ~e Farm 31)39 1101 8Ki~56~G~ i42 4!12/02 6:55 PAQE 27!60 RightFAX BY SI(iNII~TG BfitAW ~ Harrows accepts and agrees to de trzu~ and cx-veoants contained in this SeGUity lasttummt and in rosy Itidetc a~aaeted by Bormwcr and recorded with ii. Witnessas: r (SCa~~ A. MORRIS ~orrawer MORRIS S NN1T - ~~~ -~P7i0tvu _ (Sral) .Bd[lD9VCr . ($C81~ -BO~S'oWtt' _ (SEa~} -$mivwar (SeaZ~ BOCfOwc _ ($egl) borrower (Se21~ -~auznwer -StPA1 bCOes paps is d t 6 Form 3b39 7141 BIt1~56PG1 l43 4/12/02 fi:55 PAGE 28/60 RightFAX Certifltste of R~lp..rP I, the cornet address of the withi4-ns®ed MaFtgagee is OH ~5Zfl2 Witness my hand this > do he>x>ry cezafy chat Z E Fourth St maid 198D, Cincinnati, day of Agent of Mortgagee co~vrrwE~~rg ~>~ ~nuv~.vANIA, C ttM 8 ~~ IJ~nrD Oiz this. ~ t 3~ day ~ f #~Q ~ ~ t~o2. nndersigttod alhoer, personally appearalSCDTf A. MORRIS Cocmty ss: before tat, the ., .:~': ;•~ ~ .' `~,gfJ1~y,~~avea) to be tizt: pQSOm(s} whA~se taame(a) is/are sabst:s'ibed to the ~vith~ instxutirent and `~ ~~' acktt~gw~dgtd that belahrlthGy eaecttted tha saaot for the pnrposcs hcrcitt Oontained.. •~ G •_`' ~~ gVlTNI'..3S WHF~tFiOP, I heratntn set my hoard and official seal- s` .~ - .~, . ~.~~ , '.~, _ ,, ~ .~ "i~Eq.Eaatmission Fa~pires: ,. r ~•- ~: Y ~• .. t S~;N;, i.ii.',9r[IE !I. 6EFFElFItdGER, ti07Anf P~='.:v L''CF.ANICSBURB, CUM3EALAND CD., F' ~`~ ~~ ,.~ - Yl' CDt;itIS510R EXPtREB NOYEYBER 2/, 2C@3 MoRRiS s an17 ~~It'Ai tooosl P~78cf1[i ~Nyry. Form 3039 1101 B~l756P~1144~ a • EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF EAST PENNSBORO IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 05/44/1994 AND RECORDED 05/19/3.994, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 145 AND PAGE 697 AND. ADDRESS: 42 COLUMBIA RD.; ENOLA, PA 17025 TAX MAP OR PARCEL ID NO.: 49-13-1002-289 I Certify this to be recorded In Cumberland County PA A i' ,• a ~~,a Recorder of Deeds ~ 17~6P6 ~ I ~5 T Certify this to be recorucd STERN & EISENBERG, PC 410 THE PAVILION 261 OLO YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: October $, 2012 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offcial notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Scott A. Morris PROPERTY ADDRESS: 42 Columbia Road, Enola, PA 17025. MAILING ADDRESS: 42 Columbia Road, Enola, PA. 17025-2401 LOAN ACCT. NO.: 7090999348 ORIGINAL LENDER: The Provident Bank dba PCFS Financial Services, Inc. CURRENT LENDER/SERVICER: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, by its Attorney- in-fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 'CHE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOi7SING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOLfR MORTGAGF, UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the~roperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth late;r in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -~-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the .gct. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvcxnia Hoaesing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stitl apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the; above lender on your property located at: 42 Columbia Road, Enola, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from June 1, 2012 through and including October 8, 2012 as follows: Payments of $316.76 due on 06/01/2012 through and including 10/01/2012, in the amount of-----.... .............................................................$1,583.80 Other charges (explain/itemize): Late charges :..............----------...----....................---..........----.......$65.28 Fees billed ...............................................................................$602.50 Other charges (explain) ..........................................................$0.00 Less suspense........._..... ........................................••---..............$77.24 TOTAL AMOUNT PAST DUE :....................................................$2,174.34 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOLINT PAST DUE TO THE LENDER, WHICH IS $2,174.34, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: The Bank of New York Mellon, by its Attorney-in-fact, Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~a~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and. you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~a~ed ro e IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all. reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performingany other requirements under the mort~a~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: The Bank of New York iVlellon, by its Attorney-in-fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197-6440 Phone Number: (800) 446-2936 Contact Person: Performing Collections Dept. /Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF :MORTGAGE -- You may or X_ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT I-[AVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENL)AR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL :BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG, PC BY:_ _ _ tern & Eisenberg, PC 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 tc- 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 M.ORTGAGE/L,IEN AGAINST REAL PROPERTY. p a ~ -~ _~ Cam~rehensive Hauling ~ },,-- ' : Counseling ;Agencies _ r x z~_ f; <<:.:~ ,. , },~ r,. ~ ~ Agenzias de Conseja al Cliente pars Vi~ianda Cumberland County xcces ofw:.sten, Pa-vorti< 55 rl]•;erHul R:3ad Dallisto~vn FA 17313 888.511222 7 ! 888.5112227 CornmunityActeon Commission -CaE,ital Region 1514 Deny St Harrisburg PA 17104 717.2329757 Knv»cattrixunr~.ora Harrisburg Fair Homing Courticil 2100 hl Eth St Harrishmg FA 17119 717.238 Q540 Housing 8 kedsvelapmer,tAtrtkro'ity-Cumberland Cnty 114 N HanovF~rSt; S7E 104 GarI~L PA 17013 8Eu'.683.=90 71717.249.-0 789 xvwrr c::h ra.com Pathstane Corporation PennsyEyatira 1625 North Send St Harrishur8 PA '17102 717234.6E1G ,.r..nv ri r 1'c^ nmraathctn.-~.~na htm Pe nr,sylVar, is interfaith Cairn m un ity P rograrns, Enc: 4fl E High St t_QttyShurg PA 17325 717334.1518 i,nvw ado rr!scha.ona NOTE Mary aF fhe agencies M{er vrarirshaps at various loca6an sites; call to find a location near ynLL Report b5K updated: 4/3012012 9:03:04 AM Page 1 ~f 1 The Bank of New York Mellon, et al Plaintiff(s) vs. Scott A. Morris Defendant(s) FORM 1 c"? L: ~~ .,..~. ~f '~ IN THE COURT OF COMMON PLEAS O~~'~y c...s ~ ~., ;-€" ~'' PENNSYLVANI~~ CUMBERLAND COUNTY °~ :~-r~~t , 'r U sv ~~;." . ~ - ~ --t<~::; r r- do-: "r': ~ M ® : ~. ~'; ~ ~ ~ -,,,' ---9 ~ C ~_ = Civil ` `~ - / (/ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. It 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 Conciliation Conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM 1S FREE. Respectfully submitted: 1/21/13 ~ 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: y ~ ~ • Borrower name (s): Property Address: City: Is the property for sale? Realtor Name: Yes ^ No ^ Listing date: State Realtor Phone: Borrower Occupied: Yes ^ No ^ Mailing Address (if different) City: State: _ Zip: Phone Numbers: Home: Office: Cell: Other: Email: _. # of people in household: How long? • • - - ~ Mailing Address: City: Phone Numbers: Email: Home: Cell: State: Office: Other: Zip: _ Price: $ Zip: # 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: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names„ location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ - - Other Real Estate: $ $ - Retirement Funds: $ $ - Investments: $ $ - -- Checking: $ $ - Savings: $ $ Other: $ $ - - Automobile #1: Model: _ Year: _ Amount owed: Value: _ - Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model: ..- Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: __ nn.,nthly FYnPncPC~ IPlaase only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2~ Mortgage Utilities _ Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment _ Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Monthly Gross Monthly Gross Monthly Gross Monthly Net Monthly Net Monthly Net Monthly Amount: Monthly Amount: Co-Borrower Pay Days: 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 V Past 2 bank statements ~ Proof of any expected income for the last 45 days ~ Copy of a current utility bill d Letter explaining reason for delinquency and any supporting documentation d (hardship letter) Listing agreement (if property is currently on the market) ~ Copy of 2 years of federal income tax returns ~/ Copy of deed FORM 3 The Bank of New York Mellon, Et al Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Scott A. Morris 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 Signature of Defendant Signature of Defendant Date Date Date The Bank of New York Mellon, Et al Plaintiff(s) vs. Scott A. Morris Defendant(s) AND NOW, this day of FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE MANAGEMENT ORDER 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 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. STEVEN K.EISENBERG,ESQUIRE(75736) t KEVIN P.DISKIN,ESQUIRE(86727) , LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE 308909 STERN&EISENBERG,PC ESQUIRE(308909) ' THE PAVILION Lhli3 e ��.{ 261 OLD YORK ROAD,SUITE 410 ; A i JENKINTOWN,PENNSYLVANIA 19046 F F NN'S Y L V A N!A TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action Number: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO"THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Scott A. Morris , for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty(20)days of service thereof. PRINCIPAL BALANCE...................................................................$51,971.53 INTEREST accrued thru 12/07/2012 of ...........................................$648.88 Interest after 12/07/2012 shall accrue at the per diem rate of$2.99.) LATE CHARGES accrued thru 12/07/2012 of.................................$65.28 Late charges after 12/07/2012 shall accrue at the monthly rate of$8.16.) ESCROWADVANCES....................................................................$817.04 FEESBILLED...................................................................................$2,368.59 ATTORNEY'S FEE..........................................................................$2,600.00 LESS SUSPENSE(If any).................................................................($77.24) , # ("P M49 Sub-Total Through Date of Complaint........................................$58,394.08 ACCRUED INTEREST after 12/07/2012 shall accrue at the per diem rate of$2.99 to March 13, 2013.........................................................$287.04 ACCRUED LATE CHARGES Late charges after 12/07/2012 accruing at the monthly rate of$8.16 through March 13, 2013 ......................................................$32.64 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT.............................................................................$58,713.76 STERN&EISENBERG, PC BY. �,T�VEN K. EISENBERG, ESQUIRE ,mil KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of Civil Action: 13-401 Civil New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3,by its Attorney-in-fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Scott A. Morris Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is 42 Columbia Rd, Enola, PA 17025-2401 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN&EISENBERG, PC BY ,)g�SUFVEN K. EISENBERG, ESQUIRE VIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE —my�"C-�' YMI ❑ LEN M. GARZA, ESQUIRE "CTARl,At,SEAL ❑ CHRISTINA C. VIOLA, ESQUIRE 7ANGELk HAftR!(aAN,Notary Public ington Twp„Montgomery County Attorney for Plaintiff mmission Expires November 26,2016 Sworn to rd subscribed b fore me this 1,5 Day of KWr6h , 2013. azl-4 Notary blic C7epartment of Defense Manpower Data Center result as Of maw'�GV"u0:34•Ito dh swat Stan Report P'urguant to Semicememben Civll Riche Act Last Name: MORRIS First Name: SCOTT Middle Name: A Active Duty Status As Of: Mar-13-2013 t�,Art�r�,At�a cstar�"tea. Active D*start:torte netlw Duty ew Data, s secures C�pasp pnettl NA NA =No NA This response reflects ttfaitrWniftrl s'I nne duly Status based on tf�Jltfliiia,Duty status Date lit"Jl�hrai{ �3 a a!A�e tom+" tie Acfi"pub Start Date Aative th+ly end/lead Stakro setvi�s fosrpgnsrK, NA NA Na NA This response reflects whxe tka indNiduel left adna,datyvhln387 clays preceding iheAdnre poly Status Date Thtb Mambargr+�alAlerr,th�tfAlaa NtaiiRed pI ri�.Fumre t�.iuAte dr!Ar4w ortwmowlcojonstartoaft <inlei " 016i ! se lil ampprwa�t NA NA, Nb - NA This response reflects whether tha*Nidtipj sr his/her urat has racelre9 '` to report fw active duty Upon searching the data banks of the Department of Defense Manpower Deta"Ceritiar,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 41a,I f4. } Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN&EISENBERG, PC BY: STEVEN K. EISENBERG, ESQUIRE ,,. V^IN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA,ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff STmw&EISENBERG PC THE PAVILION 261 OLD YORK ROAD,SUrrE 410 JENKINTOwN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FAcswjLE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA. CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York,as Trustee for CWABS,Inc.,Asset- Docket#: 13-401 Civil Backed Certificates, Series 2002-BC3,by its Attorney-in-fact,Ocwen Loan Servicing;LLC TEN DAY NOTICE (Plaintiff) v. Scott A.Morris (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P.237.1 TO: Scott A.Morris 42 Columbia Road Enola,PA 17025-2401 Date of Notice:Friday,March 1,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 IN YOU WITH FORMATION 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 STERN&EISENBERG,PC orney for Iliad& J:1Ash1eyU0 DayskCumberlandl ocwen.morris.0313.doex STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN&EISENBERG, PC BY: �VEN K. EISENBERG,ESQUIRE KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE,ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA,ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: The Bank of New York Mellon, as trustee by its Attorney-in-fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Scott A. Morris 42 Columbia Rd Enola, PA 17025-2401 (Defendant(s)) STERN&EISENBERG, PC 1—;rl r BY: �EN K. EISENBERG,ESQUIRE VIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION The Bank of New York Mellon, et al ❑Confessed Judgment Plaintiff ❑Other vs. File No. 13-401 Civil $58,713.76 Amount Due Scott A. Morris - Defendant Interest from 3/14/13 at the perdiem rate of $2.99 tuff 1-r-3 u-d-gm—en-t—p­a!d--fn---f`paid---in---full Address: Atty's Comm 42 Columbia Road Costs- Enola, PA 17025 I'OTHE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding Filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) T 42 Columbia Road. Enola, PA 17025 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of-Cumberland County,for debt, interest and costs,as above,directing attachment against the above-named garnishee(s)for the following,property (if real estate,supply six copies of the description;supply four copies of lenZhv personalty list) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s)- (indicate)Index this writ against the garnishee(s)as a fis pendens against real estate of the defendant(s)described in the attached exhibit. Date March 18-, 2013 Signature: Print Name: evin P. Diskin 261 Old York Rd, Ste 410 Address: (4? ou Jenkintown, PA 19046 b fL)s Attorney for: Plaintiff q Telephone: 215-572-8111 CI Supreme Court ID No: 86727 11� ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County,:Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Columbia Road 500.382 feet to a point of curve connecting with line of Enola Road with the south line of Columbia Road, thence through the center of a partition wail and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thence North 62 degrees 20 minutes 10 seconds West 2192 feet to a point; thence North 27 degrees 22 minutes 31 seconds East 137.034 feet to a point on the southern line of Columbia Road, thence eastwardly, along Columbia Road in an arc having a radius of 574.95, 28.782 feet to a point,the place of BECiNNING. I-IAVING Thereon lrected a two story frame dwelling known as 42 Columbia Road, Enola BEING the same premises which Barbara A. Morris, widow, by Deed dated May 4, 1994 and recorded May 19, 1994 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 105 Page 697, granted and conveyed unto Scott A. Morris, single man PARCEL NO. 09-13-1002-289 S H-VI-N K. EIsr:NBVRG,ESQUIRE(75736) KININ P. DISKIN,EsQuIRF(86727) LI sLll:J.RASE.,EsQuiRE(58365) CIIRISTINA C.VIOLA,ESQUIRE(308909) S'I FR &EI.SENI3ERG,PC TI IF PAVILION 261 OLD YORK ROAD,S(irrl-410 JENKINOWN, PENNSYLVANIA 19046 TEI.ITHONE:(215)572-8111 ' FACSIMILE:(215)572-5425 (COI INSH FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f%k/a The Bank of New York. as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2042-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE I�elendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 1, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 42 Columbia Road , Enola,PA. 1. Name and address of Owner(s) or Reputed Owner(s): Scott A. Morris 42 Columbia Rd Enola, PA 17025-2401 2. Name and address of Defendants) in the judgment: Scott A. Morris 42 Columbia Rd Enola, PA 17025-2401 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: John A. Yoffe, D.M.D. 2213 Forest Hills Dr, Harrisburg PA 17112 Moffitt Heart & Vascular Group 1000 North Front St, Wormleysburg, PA 17043 4. Narrie and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: The Township of East Penmsboro 98 S Enola Dr Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge: who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 42 Columbia Road, Enola, PA. 17025. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 18, 2013 STERN & EISENBERG, PC BY: J S VEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESL,IE J. RASE, ESQUIRE x OPAt,4 !dM1ttALJ,Ft ii!'E'®NN'sYLVAN! ❑ LEN M. GARZA, ESQUIRE `A "A' �v' ❑ CHRISTINA C. VIOLA, ESQUIRE sv�+�r�Pudic Q Attorney for Plaintiff Sworn to and subscribed before me this 'A-,f�Day of 46 1[ , 2013. Notary P blic STkVLN K. EISE.NBERG,ESQUIRE(75736) KkvIN P. DISKIN,EsQuiRE(86727) LLsI.iF:J.RASE.EsQuuzE(58365) CI IRISTINA C. VIOLA,ESQUIRE(308909) J �:s S"I'ERN&L'ISI'NBI-RG,PC t � . Tlil-:PAVILION t ; 261 OLD YORK ROAD,Sill IT 410 JF:NKINTOWN,PENNSYLVANIA 19046 D 1`11[ON F.-(215)572-8111 FACSIMILE:(215)572-5025 (COIJNSIT FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott A. Morris 42 Columbia Rd Enola. PA 17025-2401 Your real estate at 42 Columbia Road , Enola, PA is scheduled to be sold at Sheriffs Sale on Wednesday, September 4, 2013 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $58,713.76 obtained by The Bank of New York Mellon, as trustee by its Attorney-in-fact, Ocwen Loan Servicing LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGH"TS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 S rI.VI:N K.EISENI3ERG,EsQUiRE(75736) KEVIN P. DISKIN,EsQunu-'(86727) Lrsi.Ir J.RASE,ESQUIRE(58365) CI RIS"TINA C. VIOLA,ESQUIRE(308909) SII:RN&EISENBE,RG.PC TH1.PAVILION 261 OLD YORK ROAD,SUITE 410 .11:NKINFOWN,PENNSYLVANIA 19046 TELI?PI IONS:(215)572-8111 FAcsIMILt.:(215)572-5025 (0)UNSI7.FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action: 13-401 Civil Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE, Scott A. Morris Defendant(s) RE: PREMISES: 42 Columbia Road ,Enola,PA Dear Sir or Madam: Please be advised that 1 represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, September 4, 2013 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$58,713.76 together with interest, costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days thereafter. March 18, 2013 STERN&EISENBERG, PC BY: � -------- EN K. EISENBERG, ESQUIRE KEVIN P.DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Columbia Road 500.382 feet to a point of curve connecting with line of Enola Road with the south line of Columbia Road; thence through the center of a partition wall and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thence North 62 degrees 20 minutes 10 seconds West 21.92 feet to a point; thence North 27 degrees 22 minutes 31 seconds East 137.034 feet to a point on the southern line of Columbia Road, thence eastwardly, along Columbia Road in an arc having a radius of 574.95, 28.782 feet to a point, the place of BEGINNING. HAVING Thereon Erected a two story frame dwelling known as 42 Columbia Road, Enola BEING the same premises which Barbara A. Morris, widow, by Deed dated May 4, 1994 and recorded Mav 19, 1994 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 105 Page 697, granted and conveyed unto Scott A. Morris, single man PARCEL NO. 09-13-1002-289 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-401 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR CWABS, INC.,ASSET-BACKED CERTIFICATES, SERIES 2002-BC3,BY ITS ATTORNEY-IN-FACT,OCWEN LOAN SERVICING, LLC Plaintiff(s) From SCOTT A. MORRIS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of' GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him./her that he/she has been added as a garnishee and is enjoined as above stated. I Arnount Due: $58,713.76 L.L.: S.50 Interest FROM 3/14/13 AT THE PER DIEM RATE OF$299 UNTIL JUDGMENT PAID IN FULL Atty's Comm: Due Prothy: $2.25 Atty Paid: $191.75 Other Costs: Plaintiff Paid: Date: 3/19/13 David D. Buell, Prothonolary ('Seal) Deputy REQUESTING PARTY: -Name: KEVIN P. DISKIN, ESQUIRE Address: STERN& EISENBERG, P.C. 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 86727 The Bank of New York Mellon f/k/a Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3,: IN THE COURT OF COMMON PLEAS By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY, PENNSYLVANIA 1661 Worthington Road, Suite 100 -; West Palm Beach, FL 33409 `` Plaintiffr�t �•y -- hi iL � -T V V. : Docket No. 2013-401 r--w Scott A. Morris L 17- r.) 42 Columbia Road Enola, PA 17025, : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of MidPenn Legal Services on behalf of the Defendant, Scott A. Morris, in the above matter, representing the Defendant in the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MIDPENN LEGAL SERVICES DATE: 0� (©S' —'_O cs Ja me M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 The Bank of New York Mellon f/k/a Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3,: IN THE COURT OF COMMON PLEAS By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY, PENNSYLVANIA 1661 Worthington Road, Suite 100 ? ; West Palm Beach, FL 33409 Plaintiff :z:rn ' V. : Docket No. 2013-401 r° - Scott A. Morris 42 Columbia Road Enola, PA 17025, : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversions program, the undersigned hereby certifies as follows: I. Defendant is 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 false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Ap ointed Date Legal presentative Z4&#-� fi-Lr� �/Zll/,�2 0 -3 S' ature of Defendant Da The Bank of New York Mellon f/k/a Bank of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3,: IN THE COURT OF COMMON PLEAS By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY, PENNSYLVANIA 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff V. : Docket No. 2013-401 Scott A. Morris 42 Columbia Road Enola, PA 17025, : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendant, Scott A. Morris, hereby certify that I am serving a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Steven K. Eisenberg, Esq. Stern&Eisenberg, PC The Pavilion 261 Old York Road, Suite 410 Jenkintown,PA 19046 MID ENN LEGAL SERVICES DATE: Q f Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 ext. 2513 D (6) The Bank of New York Mellon f/k/a Bank : of New York, as Trustee for CWABS, Inc., : Asset-Backed Certificates, Series 2002-BC3,: IN THE COURT OF COMMON PLEAS By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY, PENNSYLVANIA 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 • E Plaintiff -` pi co FT rn v. : Docket No. 2013-401 Scott A. Morris • C-; `�` 42 Columbia Road • Enola, PA 17025, : CIVIL ACTION- MORTGAGE FORECLORE Defendant CASE MANAGEMENT ORDER AND NOW, this/7 day of a , 2013, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on G/m,Q,/`/, 01.413 at /D:144"Min. Obirnituo at the Cumberland County Courthouse, Carlisle, Pennsylvania. a 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 and 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 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 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. DISTRIBUTION: Jaime M. Haley, Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle,PA 17013 For the Defendant Steven K. Eisenberg, Esq. Stern&Eisenberg, PC The Pavillion 261 Old York Road, Suite 410 Jenkintown, PA 19046 For the Plaintiff 4{ t?t'es i /3 �"I BANK OF NEW YORK MELLON IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK, as CUMBERLAND COUNTY, PENNSYLVANIA Trustee for CWABS, Inc., Asset- Backed Certificates, Series - 2002-BC3, by its Atty-in-Fact, Ocwen Loan Servicing, ACTION—LAW g� rw°� �-- �- Plaintiff NO. 2013-401 CIVIL �.M C x -Orr-, SCOTT A. MORRIS, z _ : Defendant MORTGAGE FORECLOSURE T'' > IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 14, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff, and Jaime Haley, Esquire, attorney for the defendant. This matter is apparently under review for some sort of refinance. Counsel have discussed the few documents which are outstanding for review of this matter for a potential resolution. The documents will be forthcoming from the homeowner within fourteen(14) days. A continued conciliation conference is set by order of even date herewith. ORDER AND NOW, this /l' day of June, 2013, continued conciliation conference is set for Friday, August 23, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevi . Hess, P. J. 'Nathan Wolf, Esquire For the Plaintiff -Jaime Haley, Esquire For the Defendant c6 �-s ozw cl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW M. TROY FREEDMAN, ESQUIRE STERN & EISENBERG, PC -- cT, . 1581 Main Street, Suite 200 The Shops at Valley Square v f 3 1' Warrington, PA 18976 _ (215) 572-8111 ° I.D. #85165 °° w The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC Civil Action Number: 13-401-CV v. Scott A. Morris Defendant(s) CERTIFICATE OF SERVICE I, M. TROY FREEDMAN, 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 June 26, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on June 26, 2013, as evidenced by copy of certificates of mailing attached. STERN & EISENBERG, PC BY: M.TROY FREEDMAN Attorney for Plaintiff 6/26/13 W a ch - It' M N o >_ O w M• a O a A -i y CD 0 t o c+') d o , O a.N O p en t• ' Cr)#12,-:. 0 N ~ a as N — N O r. N —, M a O a ii v-I ; `0 M Q O N a o 0,..) 0 � Z w � ° vo c — . ' o ' °W o co V a o c ~ c N er .0 a4 2 n• b ai o c .r cn o N Q. U iJ c U a.w +-r d . o 0 N a F U Q en c •D e U 2 W i.,, O v q> Q x O N o F�-� e�e�----v+�� }s+y O -��r+ O N Hi 'O W ;2 Ca N •0 .S"-r '"" Pte.. Q o 5 O A O p Z 0 0 °' O x W Z C4 ti H a Q H O H Eo&' * * * *, * * * * * * * * * * * * * * * * * * * p Lx* * * * * * * * * * * * * * * * * * * * c dz oQ I a d _ E•= C CQ to 'LS C O.0 E ^a °' F-a R ,o w Z o ' - ii . , .-- 1 . i ' I...' 4T,,,; _ it E m ED. ...-.._ . s; a , £ 0 ,..' „., 0 0:0-, (f)i w ta_ 1 1.3) m.'.•;,-,- ..... -, ti s ,,• . - AP C3 s , -.": Z1.1. <a a 04- fl' 1 '' -. 6. 2 Z I.. _. , '.. ti) * '' ,,..;....1 m 0 , •-•+..-. (•: vA-- F,)0 •J , p. 0- _tti..-X a •A.-, CL, Z- ,e,EL t...,_ z-z N go, -,^,5 (1).. 2-:- s?,),i = ti b lz. — •E 2'cl- Z' tad a- a -,,, .2 g 2692 6962 2000 0090 ET02.. BANK OF NEW YORK MELLON IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK, as CUMBERLAND COUNTY,PENNSYLVANIA Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Atty-in-Fact, Ocwen Loan Servicing, CIVIL ACTION—LAW Plaintiff NO. 2013-401 CIVIL VS. SCOTT A. MORRIS, Defendant MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held August 23, 2013 were Nathan Wolf, Esquire, local counsel for the plaintiff, and Jaime Haley,Esquire, attorney for the defendant. The remaining documents necessary for the bank's review will be furnished at the end of next week. It is hoped that this matter will be under review at the time of a continued conciliation conference set by order of even date herewith. ORDER AND NOW,this Z 7 day of August,2013, continued conciliation conference is set for Friday, September 27, 2013, at 1:45 p.m. in Chambers of the undersigned. BY THE COURT, Kevi Hess, P. J. ✓�Nathan Wolf, Esquire For the Plaintiff -0 z M c M -0 Jaime Haley, Esquire te r--r Fri po -a C_-17 For the Defendant co 6 , r =C-4 CD cozies , BANK OF NEW YORK MELLON IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK, as CUMBERLAND COUNTY, PENNSYLVANIA Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Atty-in-Fact, Ocwen Loan Servicing, CIVIL ACTION—LAW Plaintiff NO. 2013-401 CIVIL vs. SCOTT A.MORRIS, Defendant MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this 2?' day of September, 2013,the homeowner having failed to appear for a conciliation conference held this date and having failed to furnish requested documents for the bank's review, unless said documents are submitted within two (2) weeks and a request for continued conciliation conference is filed of record on or before the close of business on Monday, October 14, 2013, counsel for the plaintiff is authorized to remove this case from the Cumberland County Mortgage Diversionary Program and lift the stay in this case upon praecipe to the Prothonotary. BY THE COURT, Kevi Hess, P. J. Nathan Wolf, Esquire €z For the Plaintiff �CO � _"� -•0 r N �Cr aime Haley, Esquire '� C:); For the Defendant MCD :rlm � , � gfZl3 The Bank of New York Mellon f/k/a Bank • of New York, as Trustee for CWABS,Inc., • Asset-Backed Certificates, Series 2002-BC3, : IN THE COURT OF COMMON PLEAS `= ` ' By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY, PENNSYLVOTIA=$ 1661 Worthington Road, Suite 100 = ` s . West Palm Beach,FL 33409 • to = 'c.: Plaintiff • v. : Docket No. 2013-401 c Scott A. Morris • 42 Columbia Road • Enola, PA 17025, : CIVIL ACTION-MORTGAGE FORECLOSURE Defendant MOTION TO REQUEST A CONCILIATION CONFERENCE NOW COMES,Defendant, Scott A. Morris,by and through his attorney,Jaime M.Haley, Esq., MidPenn Legal Services, and respectfully files the following Motion to Request a Conciliation Conference and respectfully represents: 1. A Mortgage Foreclosure Diversion Program conciliation conference was held in the above-listed matter on September 27, 2013. 2. The bank requested additional documents at that time. 3. Defendant submitted the documents requested for the bank's review on October 15, 2013. WHEREFORE, Defendant respectfully requests that this Honorable Court schedule a conciliation conference for a date and time as soon as is convenient to the Court's schedule. Respectfully submitted, C Date: 10 P62 (zo -D _��. . / J.ime M. Haley, Esq. Attorney For Defendant MidPenn Legal Services 401 East Louther Street Carlisle,PA 17013 (717)243-9400 ext. 2513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. _�3 • • Dated: ► 71444..y.-- Scott A. Morris, Defendant The Bank of New York Mellon f/k/a Bank • • of New York, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, : IN THE COURT OF COMMON PLEAS By its Atty-in-Fact, Ocwen Loan Servicing : CUMBERLAND COUNTY,PENNSYLVANIA 1661 Worthington Road, Suite 100 • West Palm Beach,FL 33409 • Plaintiff • v. : Docket No. 2013-401 • Scott A. Morris • 42 Columbia Road Enola,PA 17025, : CIVIL ACTION-MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendant, Scott A. Morris ,hereby certify that I am serving a copy of the Motion to Request Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Nathan C.Wolf, Esq. Wolf&Wolf 10 West High Street Carlisle,PA 17013 MIDPENN LEGAL SEERVICES DATE: (CO. Co(?° C Cti(-62 F 6:Lakt aime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717) 243-9400 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) CUMBERLAND COUNTY ANDREW J.MARLEY(312314) PENNS YLVANIA STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Civil Action Number: 13-401 Civil Backed Certificates, Series 2002-BC3,by its Attorney-in-fact, Ocwen Loan Servicing LLC v. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) PRAECIPE TO REMOVE CASE FROM THE CUMBERLAND COUNTY MORTGAGE FORECLOSURE DIVERSION PROGRAM AND TERMINATE STAY OF FORECLOSURE PROCEEDINGS TO THE PROTHONOTARY: Pursuant to the Court's Order of 9-27-10, attached hereto and made a part hereof, kindly remove this matter from the Cumberland County Mortgage Foreclosure Diversion Program and terminate the stay of proceedings inasmuch as Defendant has not a. provided a signed and dated profit and loss statement; b. provided verification of child support amounts being received each month; and c. filed a request for a further conciliation conference. Moreover, it is unclear whether Defendant is currently self-employed or employed by Organizational and Management Solutions and/or RSVP of the Capital Region, Inc. STERN&EISENBERG, PC BY: ❑ STEVE . EISENBERG, ESQUIRE p'M. T •Y FREEDMAN, ESQUIRE ❑ L r LIE J. RASE, ESQUIRE ❑ HRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman@sterneisenberg.com Attorneys for Plaintiff Date: 'o is )3 BANK OF NEW YORK MELLON : IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK,as : CUMBERLAND COUNTY, PENNSYLVANIA Trustee for CWABS, Inc.,Asset- Backed Certificates,Series 2002 43C3,by its Atty-in-Fact, • Ocwen Loan Servicing, • CIVIL ACTION—LAW Plaintiff : NO.2013-401 CIVIL vs. SCOTT A. MORRIS, • Defendant • MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this x 7' day of September,2013,the homeowner having failed to appear for a conciliation conference held this date and having failed to furnish requested documents for the bank's review,unless said documents are submitted within two(2)weeks and a request for continued conciliation conference is filed of record on or before the close of business on Monday,October 14,2013,counsel for the plaintiff is authorized to remove this case from the Cumberland County Mortgage Diversionary Program and lift the stay in this case upon 11111016 the Prothonotary. BY THE COURT, _ AL,. Kevi . Hess,P.J. C.? frs r`. y Nathan Wolf, Esquire For the Plaintiff ran co n -°I fret m rrt-- Jaime Haley, Esquire s - c, For the Defendant `—••6 :rim -- y STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc.,Asset- Civil Action Number: 13-401 Civil Backed Certificates, Series 2002-BC3,by its Attorney-in-fact, Ocwen Loan Servicing LLC v. Scott A. Morris MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire,hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs PRAECIPE TO REMOVE CASE FROM THE CUMBERLAND COUNTY MORTGAGE FORECLOSURE DIVERSION PROGRAM AND TERMINATE STAY OF FORECLOSURE PROCEEDINGS upon the following person via regular mail,postage prepaid: Scott A. Morris 42 Columbia Rd, Enola, PA 17025-2401 STERN&EISENBERG, PC BY: ❑ STEVE► ' . EISENBERG, ESQUIRE M. T,;77Y FREEDMAN, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman @sterneisenberg.com Date: �/�5 )3 Attorneys for Plaintiff ( BANK OF NEW YORK MELLON : IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK, as : CUMBERLAND COUNTY, PENNSYLVANIA Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Atty-in-Fact, Ocwen Loan Servicing, : CIVIL ACTION–LAW Plaintiff : NO. 2013-401 CIVIL rte, w.; vs. • SCOTT A. MORRIS, Defendant : MORTGAGE FORECLOSURE —' IN RE: CONCILIATION CONFERENCE A conference with Nathan Wolf, Esquire, local counsel for the plaintiff, and Jaime Haley, Esquire, counsel for the defendant was held today, October 24, 2013, It appears that the plaintiff has filed a praecipe to remove this case from the Cumberland County Mortgage Foreclosure Diversionary Program in accordance with our previous order which permitted the filing of such praecipe if documents were not submitted on or before the close of business on October 14, 2013. It appears, however, that certain documents were submitted on October 15, 2013, and a request for a continued conciliation conference was filed on October 16, 2013, one day prior to the entry of the praecipe. Given the unique circumstances of this case, the Court enters the following order. ORDER AND NOW, this Z4 j day of October, 2013, counsel for the plaintiff is directed to consult with a representative of the plaintiff to ascertain whether the plaintiff is willing to consider further conciliation in this matter. Counsel for the plaintiff should indicate to the Court and to counsel for the defendant the intentions of the plaintiff in this regard. In the event that the plaintiff is unwilling to entertain further conciliation, this matter will be removed from the Cumberland County Mortgage Diversionary Program by Court Order. BY THE COURT, Kevin . Hess, P. J. athan Wolf, Esquire For the Plaintiff aime Haley, Esquire For the Defendant :rim Cc , ,��L , /oarp3 BANK OF NEW YORK MELLON IN THE COURT OF COMMON PLEAS OF f/k/a BANK OF NEW YORK, as : CUMBERLAND COUNTY, PENNSYLVANIA Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2402-BC3,by its Atty-in-Fact, Ocwen Loan Servicing, CIVIL ACTION—LAW Plaintiff NO. 2013-401 CIVIL vs. SCOTT A. MORRIS, Defendant MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this J q' day of November, 2013,this case is removed from the Cumberland County Mortgage Diversionary Program and the stay entered in this case is lifted. BY THE COURT, J • h I ' / Kevin . Hess, P. J. ./ Nathan Wolf, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendant :rlm c...> . C5•_. ~4 , -c CD x s STEVEN K. EISENBERG,ESUIRE M TROY FREEDMAN,ESQUIRE(8 165) ) CHRISTINA C.VIOLA,ESQUIRE 308909 2013 ANDREW J.MARLEY ESQUIRE(312314) �+ STERN&EISENBERG,PC 4 U PE hiS Y V COUNTY 1581 MAIN STREET, SUITE 200 i �' NIA WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Civil Action Number: 13-401 Civil Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris Defendant(s) PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE 1. Plaintiff is The Bank of New York Mellon f/k/a The Bank of New York as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2002-BC3, the current mortgagee on premises 42 Columbia Road, Enola, PA 17025 which is owned by the Defendant. 3. In an effort to assist the Defendant in saving the property from Sheriff's Sale, the Plaintiff was reviewing the Defendant for a Federal HAMP Loan Modification. 4. Defendants are still being reviewed for HAMP assistance. 5. The above property is scheduled for the December 4, 2013. 6. There would no benefit to either party if Plaintiff was forced to relist the property for another Sheriff's Sale. Plaintiff would only incur additional fees and cost that would be past on to the Defendant. 7. Therefore, Plaintiff is requesting a postponement of the Sheriff's Sale. WHEREFORE,Plaintiff,by its attorneys,moves this Honorable Court to postpone the December 4, 2013 Sheriff's Sale to the March 12, 2014 Sheriffs Sale and from month to month thereafter if necessary. Respectfully submitted, STERN &EISENBERG, PC BY: —n --ew J. Marley, Esquir Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M. TROY FREEDMAN,ESQUIRE(85165) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY,ESQUIRE(3 12314) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Civil Action Number: 13-401 Civil Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Plaintiff is.The Bank of New York Mellon, et. al.,the current mortgagee on premises 42 Columbia Road, Enola, PA 17025 which is owned by the Defendant, Scott A. Morris. In an effort to assist Defendant in saving the property from Sheriffs Sale,the parties have been attempting to reach an agreement. The above property is scheduled for the December 4, 2013 Sheriff s Sale. There would no benefit to either parry if Plaintiff was forced to relist the property for another Sheriff s Sale. Plaintiff would only incur additional fees and cost that would be passed on to the Defendant. Plaintiff is requesting a postponement of the Sheriffs Sale in order to comply with federal guidelines of the HAMP Loan Modification Program. STERN & EISENBERG, P BY: Andrew J. rley quire Attorney f amtiff STEVEN K.EISENBERG,ESQUIRE(75736) M. TROY FREEDMAN,ESQUIRE(85165) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY,ESQUIRE(312314) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Civil Action Number: 13-401 Civil Attorney-in-fact, Ocwen Loan Servicing LLC V. Scott A. Morris Defendant(s CERTIFICATE OF SERVICE 1,ANDREW J.MARLEY,ESQUIRE,attorney for the within Plaintiff,hereby certify that a true and correct copy of Plaintiff s Motion to Postpone Sheriff's Sale was mailed to the Defendant at his last known address of 42 Columbia Road,Enola,PA 17025 by first class,postage prepaid mail on November 26, 2013. STERN& EISENBERG, PC BY r , Esq ' e Attorney f lainti DATE: 11/26/13 4 L' 1: U7 H13 BDEnC PENNS YLVI I 2 % 7 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset- Backed Certificates, Series 2002-BC3, by its Civil Action Number: 13-401 Civil Attorney-in-fact, Ocwen Loan Servicing LLC v. Scott A. Morris Defendant(s) ORDER AND NOW,this Z 1 day of Ndv -4 t , 2013,upon consideration of Plaintiffs Motion to Postpone Sheriff's Sale, it is hereby; ORDERED AND DECREED that the Sheriff's Sale of the above property, currently scheduled for December 4,2013,is now postponed to the March 24,2014 sale date without the need for further advertising or notice. It is further; ORDERED AND DECREED that Plaintiff may adjourn/postpone the Sheriff's Sale from month to month(or such other time period as determined by Plaintiff)to another regularly scheduled Sheriff Sale without the need for further advertising or notice. The Plaintiff shall have the Sheriff announce the adjournment/postponement. BY THE OURT: . /04. J. 414y A.Ca /mac py fel/ aj/3 LI)11 BANK OF NEW YORK MELLON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 2013-0401 SCOTT A. MORRIS, Defendant MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE ORDER AND NOW, this Y day of December, 2013, our order of November 27, 2013, is amended to provide that the Sheriff's Sale of the property, scheduled for December 4, 2013, is continued to March 12, 2014,without the need for further advertising or notice. All other provisions of said order of November 27, 2013, to remain in full force and effect. BY THE COURT, X� - A Kevin . Hess, P. J. ,/Andrew Marley, Esquire For the Plaintiff /Scott A. Morris 42 Columbia Road Enola, PA 17025 ' Cz Sheriff �.rTI M -e*7 C7 :rlm a � :Z C-1 C: 3 sj- (CONTINUED SALE DATE 9/3/2014) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset - Backed Certificates, Series 2002-BC3, by its Attorney,` -in -fact, Ocwen Loan Servicing LLC v. Scott A. Morris • Defendant(s) Civil Action Number: 13-401 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014 in the above -captioned matter has been continued until September 3, 2014. DATE: BY: T Edward J. McKee, Esquire #316721 (Attorney for Plaintiff) STERN & EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 (CONTINUED SALE DATE 12/3/2014) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWABS, Inc., Asset - Backed Certificates, Series 2002-BC3, by its Attorney-in-fact, Ocwen Loan Servicing LLC v. Scott A. Morris Defendant(s) Civil Action Number: 13-401 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for September 3, 2014 in the above -captioned matter has been continued until December 3, 2014. DATE: d J. McKee, Esquire #316721 (Attorney for Plaintiff) STERN & EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111