Loading...
HomeMy WebLinkAbout04-5539 FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.CY-I- ~S3'1 Ci()~tlW v. CUMBERLAND COUNTY scon A. MORRIS 42 EAST COLUMBIA ROAD ENOLA, P A 17025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 money or property or other rights important to you. 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 101285 ... File #: 101285 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN A TTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. - IN THE COURT OF COMMON PLEAS OF CUMBERLANl) COUNTY, PENNSYL VANIA THE BANK. OF NEW YORK, AS TRUSTEE ) CIVIL ACTION ) vs. SCOTT A. MORRIS ) CIVIL DIVISION ) NO. 04-5539 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for THE BANK OF NEW YORK. AS TRUSTEE hereby verify that on 5/9/05 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 3. 2005 -.h~~ DANIEL G. SCHMIEG Q Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE CmvlBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLVAS SCOTT A. MORRIS CIVIL DIVISION Defendant{s). NO. 04-5539 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE BANK OF NEW YORK.. AS TRUSTEE, Plaintiff in the above action, by its allol ney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution \\:IS filed the following information concerning the real property located at ~: EAST COLUMBIA ROAD, ENOLA. PA 17025. 1. Narne and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot i" reasonably ascertained, please indicatc) SCOTT A. MORRIS 113 BUNGALOW ROAD ENOLA, PA 1'7025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record property to be sold: () '1 the real Name Last Known Address (if address caD''';: ! reasonably ascertained, please indica! None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably asc.ertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person ofwhorn the plaintifl" has knowledge who has any interest in the property which rnay be affected by the sale: Name Last Known Address (if address cannot be reasonably asce:rtained, please indicate) Tenant/Occupant 42 EAST COLUMBIA ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commouwealth of Penusylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 BRADFORD DORRANCE, ESQUIRE 210 WALNUT STREET, P.O. BOX 11963 HARRISBURG, PA 17108-1963 I verity that the statements made in this affidavit are true and correct to the best" in! y personal knowledge or information and belief. I understand that false statements herein are nw' nhi..ct to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 9. 2005 DATE fJ~JJ.j.~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff t"" ."..; S ~. e. - - - - - "" 00 -l '" '-^ """ w '" - " - '" '" - 0 , z '-^ """ H ~. .., ,"0 ~ ~ " ~ 0 Ii" 0 !l" z c: 3 i .., , trl >-l \ , z ,...; ~ "t; \Q i o 0 9. e. <z >-l ~ g, ;~ ." 1;. ~ ':i .. .,,0 ?> - " o " 0 0 . " , 0 tl ~~ , g ~ ~ 0:9- ~ en trl ~~ tli ~ ~ g ~ ~ @ ~ 0 ~ :' Z - . icl >-l ~ ~ !l. i ." " en ~ ~ """ >"d en '" ~ ~ 0 ~ ~ ~ ~ - >:l . ",,,, ,::> rn 1: .ij R F1 .0 -< ~ .. ~i .,0 8 ~ ~ '" <"11 ~ ~~ - 0 i ~ .., 0 ,- 0 ~ ,:j ~ Z P :1: ~ \1 ;; tl g ~ 0 ~ ~ 0 ;;' >-l t~ ~ ~ ~ ~ ;.. ~ '$: tl ~ '" '0 \Q ~ ~ \Q - s" ~ >-l W iVlg.S--l >"d t" '1' ~ z 9 ~!; 0 ~~.~ W >"d ~ ~ V1.-!rig~ 0 ~g-d~~ tli t" >- ?1 ~ -il.~g ~ '1' - -l '" ~ ~,..[ g -:l 0 ~ ~;r ..-g" a. - )> '" ~ ~ 2, 0 g - '-^ "" .- ~ _ _.>11-- 0 '" -, ~'-"'6-' ;" c> >"d ~g-~~e. , '" 0 ~ "H · co tli a,-<!' 'S.... g.~ ~ ~ ~ ~ ~ o ~ ~ li'.Cl ~ g ~ 1'1 Q.~' N g,..~go. '" ~ g"' ~ g ~ -.) , ~^ ~ ;~!'>a~ ~ , ~~gtit 9 >"d s: ~ ;E-. >- ; ~.;>< (> - 'l5~ ~"<:I g -.) ~ ~ ~ Po - i:'> "'.... ~ a%:~~ 0 'f' >"d ag~~~ \ \ ;0 )> rK~g' '" >"d - < ~ . W -l a~, i \ >- 0 , - - i. ~ ...~. -l '" S:(i'~5 - .gg8! 0 g. ~ g a '-^ ~,:,>' g.~ ~;; ~'* g" ~ ."~' ~ s:" g~"~ . ~ 5 -' ~~_.. W~g~ . - I ~......, ~ ~~ c~ 1;;"_. . : 5 ...........- PtTNueO'o'\l'ES a~~~ 021A $ 01.500 " 0 ~ ~ ;'8- . 0004300371 MAYOg 2005 0" "" MAIlED FROM ZIP CODE 1 9 1 03 d8"ji ~~'&~ ~;;,.:g.* \ \ \ \ \ \ \ \ \ \ \ \ ~ ~ if 0>2 "",lO-" \('~e " '" '" ~~~ ~ lO- '"d-o'"d Er:~5~ ",-.l'"dt""' p..~,,> ~g.gZ -, <-r1 ("):I: '" . 9 >- '"d;>::-r- >-"gr- _ g '" t:l ~('ll - z. o~~~ :ftDg:~ ooocr _E-.001 ~~::i OO$:l.lU1tn ~ a ~ n S,." a<~ ;1 [/l g ~ (') s. tTl gft 9 ... - r"' ~ ~ ~ g '"d I g ~ q, ~ ~ ~ ~~ ~., W :",.:P c;-> I 15~ Q? "jj \~ ~L) ~ Ycc Z' ~<..."") - J>-C: - _C-\ ~ .. ~ c.n rv - ..l. Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX n081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. MORRIS 42 EAST COLUMBIA ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE PROVIDENT BANK D/B/A PCFS FINANCIAL SERVICES, INe. which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book: 1756, Page: 1129. By Assignment of Mortgage recorded 12/17/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 704, Page 4053. Said mortgage was modified as set forth in the modification agreement recorded 3/22/04, in Mortgage Book No. 706, Page 4324. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: ]01285 ..6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through II /02/2004 (Per Diem $12.39) Attorney's Fees Cumulative Late Charges 02/13/2004 to 11/02/2004 Cost of Suit and Title Search Subtotal $40,257.83 1,920.45 1,250.00 86.48 $ 550.00 $ 44,064.76 Escrow Credit Deficit Subtotal 0.00 461.97 $ 461.97 TOTAL $ 44,526.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 44,526.73, together with interest from 11/02/2004 at the rate of $12.39 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM ELAN, LLP / / .I /J By: Is/F a CIS. a i~~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 101285 ALL TllAT CERTAXN piece or parcel of 1and situate in East Pennsboro Township, cumberland County, Pennsy~van1a~ bounded and described as follows, to wit: BEG%NNXNG at a poin~ On the &outhe~n line of Columb~a Roa4 500.382 fee~ to a point o~ ourve connect~nq with line of .Eno~a Road with ~he south line of Columbia Road; thence through the center o~ a partition vall and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thenoe No~th 62 degrees 20 ainutes 10 seoonds West 21.92 feet to a point; thence North 27 degress 22 .inu~es 31 seconds East 137.034 feet to a po~t on the southern line Of Columbia Road; thence eastwardly. along Co~umbia Road ~n an arc having a radius of 574.95, 28.782 feet to a point, the place of BEGXNNXNG. HAVXNC THEREON ERECTED a two story frame dwelling known as 42 Columbia Road, Enola. BEING the same preaises which Lee.Oliver Morris, Jr., and D. Carolyn KnaCKstedt,. by their deed 4a~ed 3 October 1~B8 and recorded ~n the o~~ice of the R_corde~ of Deeds in and ~or Cumber1and county, Pennsy1van~a, in Dead Sook P, Vo1ume 33, Page 126, 9ranted and c~nveyed unto Lee O~ivQr Morris, Jr., and Barbara A_ Morris, husband and wife. The said Lea Oliver Morris, Jr., died on 8 April 1994 whereby title vested in Barbara A. Horris, Grantor hara~n, as ~he surviving tenant by the entireties. . PREMISES BEING: 42 EAST C0LUMBtA ROAD. .. VRRTFTCA TTON Helen Steels hereby states that she is Foreclosure Specialist of Litton Loan Servicing LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: t U(zq-O l( -I<;;l "1 ~ ;v(:j t~ '- w vt ~ ~ () (> Q ff:) ~ ~ r- P- (J r-- ......-- :;::'1"" ""\) \'~',"l ~!f:' (7-:'. - l:~ ~.., "'*.-'" "-... - ~~; :;.~.: ","''' . ."....c. ~ .. ~ t:::) c:::::J ..j;.- Z o -.:: I w o ..." ~ r"~ :00 _D o --I(~ ?~ =ti .e...C'5 (') en :.:::~ ~b -< ;r.. ::1,:: - .. c..) 9 ,- THE BANK OF NEW YORK, as Trustee, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Division v. In Mortgage Foreclosure SCOTT A. MORRIS, Defendant No. 04-5539 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1-2. Admitted. 3-4. The averments are denied to the extent they are at variance with any recorded document. 5-8. The stated paragraphs contain allegations to which no responsive pleading is required. If a response is deemed necessary, defendant specifically denies the stated allegations and demands strict proof thereof, if relevant. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice. NEW MATTER 9. Plaintiff has failed to co~ply with various state and federal laws, including the Fair Debt Collection Practices .. Act. Defendant disputes the validity of the debt and requests that counsel for plaintiff obtain and provide defendant's counsel with written verification thereof. 10. Based on plaintiff's statutory violations, defendant requests that plaintiff's debt be invalidated or otherwise setoff and that attorneys' fees, costs, and other damages be awarded in defendant's favor. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice and that the Court grant such other relief as may be appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: \ l:> 105 By: ~~ Bradford Dorrance I.D. No" 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 2~;5-8014 ATTORNEYS FOR DEFENDANT 2 ,. VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the 1:oregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: l t ~ / 6 ) -pJ~~ Bradford Dorrance CERTIFICATE OF SERVIC:I!: I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: Francis S. Hallinan, Esquire FEDERMAN and PHELAN, LLP One Penn Center at Suburban Station 1617 John Kennedy Blvd. Suite 1400 Philadelphia, PA 19103 Dated, l[ J!oS- ~)2-'~ ~- ~ Bradford Dorranc~ (") ~: ....Ot-:. t~.i (>~ -' ../ c.:~ ;~~.- ":~ ~~i ~-:{ -<.. .. r-:> c;:? c:? e,..:' <- I) "'11 ~l 'I -r-: "'p. i"li ;jCJ , . L, .~-":~ ~::< -! - - t': :~~, f), l..-:-:'j :~::' :r..'" - , -"- I s;.- -u :x (.,) .. Cl u: PHELAN HALLINAN & SCHMIEG, LLP BY: Jenine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff The Bank of New York, as Trustee Plaintiff COURT OF COMMON PLEAS Cumberl,md County CIVIL DIVISION vs. Scott A. Morris Defendant No. 04-5539 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, The Bank of New York, as Trustee, by its attorney, Jenine R. Davey, Esquire, hereby files the within Reply to New Matter of Defendant Scott A. Morris and in support thereof states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through eight (8) of its Complaint as if set forth herein at length. 9. Denied. The averments of paragraph nine (9) are denied as conclusions oflaw to which no response is required. By way of further response, the foreclosure Complaint was filed on November 3, 2004 and served on the Defendant on November 29, 2004. Defendant's Answer and New Matter, containing a request for verification of the debt was not filed and served on the Plaintiff until January 3, 2005. The Cornplaint contained a debt validation language required by Title 15 U.S.C.S. sI692g(a). Since Defendant's request for verification ofthe debt was not within thirty (30) days of that notice, it is not constituted a qualified debt verification request under S 1692g(b). A true and correct copy of Plaintiffs mortgage foreclosure cornplaint is attached hereto, rnade part h,:reof and rnarked as Exhibit A. Nevertheless, Plaintiff replied to Defendant's request for verification of the debt on or about January 13, 2005. A true and correct copy ofPlaintitI's reply to Defendant's request for verification ofthe debt is attached hereto, rnade part hereof and marked as Exhibit B. 10. Denied. The averments of paragraph ten (10) are denied as conclusions oflaw to which no response is required. By way of further response, Plaintiff has not violated any statutes. By way of further response, see Plaintiff's response to paragraph nine (9), above. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiff's Cornplaint. RespectfuUy submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 3 L 2005 BY JOO;"~E~ Attorney for Plaintiff FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. r\0. CUMBERLAND COUNTY SCOTT A. MORRIS 42 EAST COLUMBIA ROAD ENOLA, P A 17025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORE:CLOSURE 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 cntered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO 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 LA WYER. 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 ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170 J3 (800)990-9108 File #: 101285 File #: 101285 IF THIS IS THE FffiST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFI' WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF' WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) OA Y PERIOO FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPI,AINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQIJEST PROOF OF THE DEBT OR THE NAME A~D ADDRESS OF THE ORIGINAL CREmTOR WITHIN THE THIRTY (30) DAY PERIOD THAT B1<:GINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (fHROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY ANlI RECElVElI A mSCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A lIEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) ofthe Defendant(s) are: SCOTT A. MORRlS 42 EAST COLUMBIA ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter dcscribed. 3. On 04/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE PROVIDENT BANK D/B/A PCFS FINANCIAL SERVICES, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1756, Page: 1129. By Assignment of Mortgage recorded 12/17/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 704, Page 4053. Said mortgage was modified as set forth in the modification agreement recorded 3/22/04, in Mortgage Book No. 706, Page 4324. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the tenus of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 1012&5 6. The following amounts are due on the mortgage: Principal Balance Interest 06/0 I /2004 through 11/02/2004 (Per Diem $12.39) Attorney's Fees Cumulative Late Charges 02/13/2004 to 11/02/2004 Cost of Suit and Title Search Subtotal $40,257.83 1,920.45 1,250.00 86.48 $ 550.00 $ 44,064.76 Escrow Credit Deficit Subtotal 0.00 461.97 $ 461.97 TOTAL $ 44,526.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and PeIU1sylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave fili1ed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against1lhe Defendant(s) in the sum of $ 44,526.73, together with interest from 11/02/2004 at the rate of$12.39 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAbUJHELAN, LJ:$ I' / ;/il. By: /sIF~nan~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101285 I I I AL~ TliAT C~RTAXN piece or parce1 of 1and situate in East Pennsboro Township, cumber1and County, Pennsy~van~a, bounded and described as fo11ows~ to wit: BltGJ:NNJ:NG at a point on the southern 11n.. of Co1umb~. ROAd 500.382 feet tQ a point o~ curve connect~nq w~th ~ine of .Eno~a Road with the ~outh 1ine of Co~umbia Road; thence through the center of a partition wa11 and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thence North 62 degrees 20 minutes 10 seconds Wes~ ~1.92 reet to a po.int; thence North 27 d.egrees 22 1Dilnutes 31 seconds East 137.034 feet to a point on the southern 110e of Co1umbia Road; ~hence eastward1YI a10ng Co~umbia Road in an arc having a radius of 574.95, 26_782 feet to a paint, the p1ace of BECrNNING. HAViNG THEREON ERECTED a two st"ry frame dwe11in<;J known as 42 Co1umbia Road, Eno1a. BEING the 5ame premises which u~e_o~ivQr Marris, Jr_, and D. Caro~yn Knac"k$tedt,'by their deed dated :) october 1~88 and recorded ~n the Qf~ice of the Recorder of Deeds in and for Cumber~and county, Pennsy1vania, in Dead Book P, Volume 33, Page ~26, granted and conveyed unto Lee o~iver }farris, Jr., and Barbara A.... Morris, husband and wife. The said. .f.,.ea 01J.vc~r Morris, Jr. # died on 8 Apri.1 1994 wn..reby title vE,sted .1n Barbara A. Horris, Grantor harein, as \!he surviving tenant by the entireties. . PREMISES B,EING:. 42 EAST COLUMBiA ROAD. VF.RTFJC.A TION Helen Steels hereby states that she is Foreclosure Specialist of Litton Loan Servicing LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements rnade in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this staternent is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: tU tzq-e v- w PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: jaime.mcguinness@fedphe.<:orn Jairne L. McGuinness, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey January 13, 2005 Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walriut Street P.O. Box 11963 Harrisburg, P A 17108-1963 FILE I~OPY Re: The Bank of New York, As Trustee v. Scott A. Morris Curnberland County CCP, No. 04-5539 Civil Dear Mr. Dorrance: This letter is in response to your request for verification ofthe validity ofthe rnortgage debt in the above-referenced rnortgage foreclosure action. The foreclosure complaint was filed on Novernber 3, 2004, and served on the Defendant on November 29, 2004. Your Answer and New Matter, containing your request for verification of the debt, was not filed and served on the Plaintiff until January 3,2005. The complaint contained the debt validation language required by Title 15 D.S.C.S. S 1692 g (a). Since your request was not within thirty days ofthat notice, it does not constitute a qualified debt verification request under S 1692 g (b). Nevertheless, kindly be advised that Plaintiff is seeking the surn of$44,526.73 plus interest from Novernber 2,2004 at the rate of$12.39 per diem to the date of judgment, plus other costs and charges collectible under the mortgage. These amounts are due because of the default and the subsequent acceleration of the debt. Kindly be advised that Defendant has the right to bring his loan current up until one hour before a scheduled Sheriffs Sale in order to avoid foreclosure. In order to obtain either an up to date payoff figure or a reinstaternent quote, you must contact Mike Thurman of our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. ~:IY yours;. // . -/. ??I~ aime L. McGuinness, Esquire j 19!bzc cc: Litton Loan Servicing, Inc. (Houston, TX) Attn: Judy Tidwell, Litigation, Acct. No. 11404729 * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that pUIpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to rnake this verification, and that the staternents rnade in the foregoing Reply to New Matter are true and correct to the best of her knowledge, infomlation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: January 31. 2005 BY: Je' R. Davey, Esquire Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: J enine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, as Trustee Plaintiff vs. Scott A. Morris Defendant Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 04-5539 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, P A 171 08-1963 Date: January 31. 2005 .--n () -"n .--\ "'; t':i (~'-': ~"..:) \ c) -r' _.?o.. , i1 c.; , (y. ~ ---- , . ~ . ~ PRAFCTPK FOR T.TSTTNG CASF FOR ARGUMF,NT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- The Bank of New York, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff : Court of Common Pleas : Civil Division vs, : Cumberland County Scott A. Morris 42 East Columbia Road Enola, P A 17025 Defendant : No. 04-5539 CIVIL 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: Robert Lieberman, Esquire 500 North 3'" Street, 12'" Floor P.O. Box 1004 Harrisburg, P A 17108-1004 (b) for defendant: Address: Bradford Dorrance, Esquire 21 0 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 3. r will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: '2-/ "L-l(! 0) , { ~ , . PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JAN!, ESQillRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56]-7000 Attorney for Plaintiff The Bank of New York, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Scott A. Morris 42 East Columbia Road Enola, PA 17025 Defendant : No. 04-5539 CIVIL rRRTIFTCATION OF SRRVlrF, I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof and Praecipe for Argument were sent via first class rnail to the person on the date listed below: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 ~~I o( Date: Sheetal R. Shah-Jani, E qu e Attorney for Plaintiff 7J '7 >z ~ "'\"\ '" r:P S; -<:l -:> ., ,.... <.J"\ -.:> . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff Court of Common Pleas Civil Division VS. Cumberland County Scott A. Morris 42 East Columbia Road Enola, P A 17025 Defendant : No. 04-5539 CIVIL ORORR AND NOW, this day of , 2005 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court deteffi1ines that Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Scott A. Morris, for $44,490.99 plus interest from November 2, 2004 at the rate of $i2.23 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. . PHELAN HALLINAN & SCHMIEG, LLP By: SHEET AL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~l ~61-7000 Attorney for Plaintiff The Bank of New York, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Scott A. Morris 42 East Columbia Road Enola, P A 17025 Defendant : No. 04-5539 CIVIL MOTION FOR STTMMARV .rrmGMRNT Plaintiffrespectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: I. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Scott A. Morris, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In his Answer, Defendant generally denies paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. S. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6, Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County '" in Mortgage Book No. 1756, Page 1129, is attached hereto, made part hereof, and marked Exhibit A. 7, By Assignment of MOlt gage recorded May 27,2003, the Mortgage was assigned to Countrywide Home Loans, lnc., which Assignment is recorded in Assignment of Mortgage Book No. 697, Page 3137. A true and correct copy of the Assignment to Countrywide Home Loans, Inc. is attached hereto, incorporated herein by reference, and marked as Exhibit AI. 8, By Assignment of Mortgage recorded December 17,2003, the Mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 704, Page 4053. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9, Plaintiff and Defendant entered into a Mortgage Modification Agreement on February 13,2004. The Mortgage Modification Agreement was recorded March 22, 2004 in Record Book No. 706, Page 4324, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit A3. 10. The Mortgage is due for the July 1,2004 payment, a period in excess of eight months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. II. Plaintiffs Complaint contained an inadvertent clerical error in that it set forth an inaccurate amount with respect to the interest due on this account. Plaintiffs Complaint inadvertently stated that the per diem amount of interest was $12.39 for a total amount in interest of $1 ,920.45. In fact, the per diem amount should be $12.23, and is calculated as follows: Interest Rate x Unpaid Principal Balance / 365 days = Per Diem 11.09'Yo x $40,257.83/365 = $12.23 Therefore, the actual amount of interest should be $1,884.71, as is confirmed in Plaintiffs Affidavit (see Exhibit B). 12. Plaintiff has complied with Act 6 of 1974,41 P.S. s403(a), and Act 91 of 1983,35 P.S. SI680.40Ic, by sending Defendant the combined notice provided for under Act 91. A true and correct copy " of the combined notice is attached hereto, made part hereof, and marked as Exhibit F. 13. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit- counseling agency in accordance with Plaintiff's written notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit F. 14. Plaintiffs Complaint was filed on November 3, 2004 and served on Defendant on November 29, 2004. Defendant's Answer and New Matter, containing a request for verification of the debt, was not filed and served on Plaintiff until January 3, 2005. The Complaint contained debt validation language required by Title 15 U.S.C.S. !) 1692g(a), Since Defendant's request for verification of the debt was not within thirty (30) days of that notice, it is not constituted as a qualified debt verification request under !)1692g(b). Nevertheless, Plaintiff replied to Defendant's request for verification ofthe debt on or about January 13,2005. A true and correct copy of Plaintiffs reply to Defendant's request for verification of the debt is attached hereto, made part hereof, and marked as Exhibit G. 15. Plaintiff submits that its request for attorney's fees for preparing and defending its foreclosure action, executing on its anticipated judgment, listing the property for sheriff's sale, and assuming the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 16, Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriff's Sale. " WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property . Respectfully submitted, PHE AN HA INAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Es Attorney for Plaintiff , . PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JAN!, ESQUIRE Identification No. 81760 One Penn Center at Snbnrban Station 1617 John F. Kennedy Bonlevard Snite 1400 Philadelphia, PA 19103-1814 (215) 5/ll-7000 Attorney for Plaintiff The Bank of New York, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Scott A. Morris 42 East Columbia Road Enola, PA 17025 Defendant : No. 04-5539 CIVIL PLA mIFF'S RRTRF IN SUPPORT OF ITS MOTION FOR SUMMARY .nmr.MF.NT I. nF.FFNDA NT'S nEF A 1JI ,T IJNl)FR THF MORTr.Ar.F On April 13, 2002 Defendant, Scott A. Morris, executed a Promissory Note in favor of Plaintiffs predecessor in interest, The Provident Bank DIE/ A PCFS Financial Services, Inc., in the principal sum of $35,000.00, this sum being payable in, consecutive, monthly installments of principal and interest. On the same date, Defendant made, executed and delivered a Mortgage on the property at 42 East Columbia Road, Enola, P A 17025 (hereinafter the "Property"), as collateral for the Promissory Note. The Mortgage has been assigned to Plaintiff, as is addressed in Plaintiffs attached Motion. Plaintiff and Defendant subsequently entered into a Mortgage Modification Agreement, as is addressed in Plaintiff s attached Motion. Defendant defaulted under the Mortgage Modification Agreement by failing to make payments due July 1, 2004 and each month thereafter. By the express terms of the Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. On August 5, 2004, due to Defendant's default, Plaintiff mailed Defendant notice of its intention to foreclose on the Mortgage to Defendant at his last known address. Defendant, however, failed to cure the default. A true and correct copy of the notice is attached hereto, incorporated herein by reference, and " marked as Exhibit F. Because Defendant failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the present action was filed on November 3, 2004. To date, Defendant has not brought the account current. n. Pl.AINTIFF IS Ji:NTTTT.IW TO SIfMMARY .rrmGMRNT AS A MATTJi:R OF T.AW Summary judgment is a means to "eliminate the waste oftime and resources of both litigants and the courts in cases where a trial would be a useless formality." Tile, v Iblmer, 389 Pa.Super. 451, 567 A.2d 691 (1989); Pi"t v Zem Zem Temple, 454 Pa.Super. 548, 551, 686 A.2d 18,20 (1996). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter oflaw. Pa.R.C.P. 1035.2(1); Allen v Merriwe"ther, 413 Pa.Super. 410, 411, 605 A,2d 424 (1992); Be",e] v New Blvd H"king- Co Ine, 410 Pa.Super. 591, 593, 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there is no genuine issue of triable fact. Driscoll v C"rpenter, Di,trict COllneil ofWe,tem Penmylv"ni", 370 Pa.Super. 295, 536 A.2d 412 (1988); "ffirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa.Super. at 411; Beascl, 410 Pa.Super. at 594; Hower v Whitm"rk A"oc, 371 Pa.Super. 443, 381 A.2d 524 (1988); Rom"h v Hyg-ienie S"niMion Cu., 705 A.2d 841, 848 (Pa.Super. 1997). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Ph"ffv Gerner, 451 Pa. 146,303 A.2d 826 (1973); DlIj"i v Dennis, 431 Pa.Super. 366, 370, 636 A.2d 1130, 1132. Rule 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. It is well settled that a general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the .' defendant. Pli" v 01'7"w,ki, 368 Pa. 578, 84 A.2d 188 (1951). l:ercone v l:t'Tcone, 254 Pa. Super. 381, 386 A.2d I (1978); rity ofPhil"elelphi" v Hertler, 114 Pa. Cmwlth. 475, 482,539 A.2d 468,472 (1988). "ooelrich-Amr"m 2d ~ 1029(c)(1), p. 280. A general denial effectively manifests an admission to the facts averred in the complaint. Swift v Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Miehn"r v Montgomery l:ollnty T"x r1"im Rare"", 671 A.2d 285, 288 (pa. Cmwlth. 1996). One purpose in demanding a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in defining the issues for trial. Bogley H"rtine"" Ree,e v Shl"rt, II D&C 3d 303, 310 (Chester Co. 1979). Plaintiff submits that, in the Answer, Defendant has effectively admitted every allegation of the Complaint. Although Defendant purports to deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage, respectively, Defendant's averments amount to nothing more than general denials and demand for proof. Defendant generally denies the amount due under the Mortgage without reference to what he believes to be the correct amount due, or reference to any good reason to believe that the amount sought is erroneous. Unquestionably, Defendant knows specifically what payments he made on the Mortgage. Accordingly, because Defendant is charged with having sufficient knowledge upon which to base a specific denial with respect to the averments contained in paragraphs five and six of the Complaint, a general denial is insufficient to raise a genuine issue of fact. l:ercone v l:ercone, supra; rity ofPhil"elelphi" v Hertler, supra. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, defendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiffs averments. New Vork ,,""rel;"n Mortg;Jge v Dietzel, 524 A.2d 951 (Pa. Super. 1987). W",hington Feeler"1 SHYing' "nn J mn A,"oci"tion v Stein, 515 A.2d 980 (pa. Super. 1986). A party will not be able to rely on I 029( c) and be excused from answering averments based on a lack of information where that party has sufficient information at its disposal to answer such allegations. l:ommw hy PreMe v R"inhow A,"oci"te" 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). The Pennsylvania Superior Court recently reiterated this principle in another mortgage foreclosure " case. The Court held that the mortgagors' general denials in their answers to the Complaint must be considered admissions. First Wisconsin Tn.st Co v Strallsser, 439 Pa.Super. 192,653 A.2d 688 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgage company, would be the mortgagors. Therefore, if defendant mortgagors do not plead specific facts in response to the allegations in the Complaint regarding the default and the amount due, the defendants are deemed to have admitted the allegations, and summary judgment for the mortgage company is proper. EiIst Wis.c,ons.ln TnJs.t (;0 v Strnm:.::~r, supra. In determining if an answer is a general denial, the Court must examine the pleadings as a whole. Commw hy Preate, sllpra. at 61,587 A.2d 357, 360 (1991). A review of the pleadings as a whole in the instant case reveals that Defendant has failed to sustain his burden of presenting facts, which contradict the elements of Plaintiffs claim. Defendant's general denial of the amounts due and the default should be viewed as admissions by this Honorable Court. III. AMOTTNT OF THR TN RF,M .rrmGMRNT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendant's mortgaged property to Sheriff's Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v Kimmel, 424 Pa. Super 53,55,621 A.2d 1036, 1037 (1993). Signal Consllmer Discollnt Company v Rahl1scio, 257 Pa. Super 101,109,390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. PaRC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff, while the third party purchaser would obtain a deed to the property. Accordingly, the amount ofthe in rem judgment has no bearing or impact on the Defendant. " IV. ATTORNFY JlF,F,S ANn COSTS ARJI, RJlASONARl.JI As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph twenty-two of the Mortgage clearly indicates that Defendant is liable for an attorney fee, costs of suit, and costs oftitle evidence if Defendant defaults on the loan. The attorney fee claimed in Plaintiffs complaint is less than five percent of the principal balance due on the loan. When Plaintiff was }fieparing its foreclosure Complaint, it could not \mow how much the attorney fees and costs would be upon completion of the foreclosure action. Plaintiff could not know whether the Defendant would contest the case and, if so, how extensively. Accordingly, Plaintiff used Pennsylvania case law as a guide. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. Fastgate Fnterprises Jnc v Rank a",1 Tmst (Company o[Oln York Roan, 236 Pa.Super. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Rohinson v J oomis, 51 Pa. 78 (1865); First Fene,."l Savings ann Joan Association v Street Roan Shopping (C"nt"r, 68 D&C 2d 751,755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. FOlllk" v Hatfieln Fair r",-ollnns Ra7"ar, .lru;., 196 Pa.Super. 155, 173 A.2d 703 (1961); Harrerv (Consolinat"n Rllhh"r (Co, 284 Pa. 444, 131 A. 356 (1925). In F"neral r ann Rank ofR.ltimore v Fetn",., the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). Recently, the Superior Court cited Ectru:r in confirming that an attorney fee of ten percent included in the judgment in a mortgage " foreclosure action was reasonable. Citil:orp v Morrisville Hampton Realty, 662 A2d 1120 (pa'super. 1995). Importantly, Plaintiff clearly outlined how Defendant could avoid paying Plaintiff's attomey fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendant. Defendant, however, failed to take the necessary affirmative steps to cure the delinquency, but rather has opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiff's Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Rank ano Tm<t Co of Newton v Fnrieo, 40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. V. PLAINTIFF COMPLnm WITH THR NOTIeR RRQITTRRMRNTS OF ACT Ii OF 1974, 41 P.S ~101 et seq Defendant denied paragraph eight ofthe Complaint, which avers that Plaintiff sent Defendant a Notice of Intention to Foreclose in accordance with the provisions of Act 6 of 1974,41 P.S. ~ 101 et seq. Defendant contends that he never received any notice. However, as stated in Plaintiff's Affidavit, attached hereto as Exhibit B, a Notice of Intention to Foreclose was sent by certified mail to Defendant at his last known address. A true and correct copy of Plaintiff's notice is attached hereto, incorporated herein by reference, and marked as Exhibit F. Plaintiff has fully complied with the statutory requirements of Act 6 of 1974, and Defendant's attempted denial of receipt of Plaintiff's Notice of Intention to Foreclose Mortgage does not mean that it was not sent. 41 P,S. ~403 clearly indicates what Plaintiff must do to comply with the notice requirements of Act 6: a. Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including " mortgage foreclosure...such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance... b. Notice of intention to take action as specified in subsection (a) of the section shall be in writing, sent to the residential mortgage debtor by registered or certified mail at his last known address and, if different, at the residence which is the subject of the residential mortgage. Jurisdiction is acquired over a mortgagor in a mortgage foreclosure proceeding even in the absence of actual receipt of the Notice of Intention to Foreclose where the mortgagee complies with ~403(b) by sending the notice to the mortgagor's last known address. Pi,,! Federal S"ving< "nd I mn A<<oci"tion of Wilke< RMre v V"n Why, 29 D&C.3d 675 (1983). In the instant case, Plaintiff sent Defendant notice of its intention to foreclose by letters dated August 5, 2004, copies of which are attached hereto as Exhibit F. Defendant, however, ignored Plaintiffs Notice of Intention to Foreclose, and did not take the affirmative steps to bring the loan current. Accordingly, in order to recover its unjust financial losses as a result of Defend ant's decision to stop paying mortgage payments, Plaintiff was left with no alternative but to foreclose on the Mortgage. Plaintiff submits Defendant's failure to take action shows his disregard for his Mortgage obligation. Because Plaintiff has shown that it has fully complied with the statutory requirement, Defendant's attempted denial is not a defense to this action. VI. TIm TRMPORARV STA V AS PROVIDFO RV TIm HOMFOWNRR'S FMFRGRNCV MORTGAGF ASSTSTANCF PROGRAM, ACT 91 OF 19R~, HAS TF,RMTNATF,n The Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendant's failure to meet with Plaintiff or an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 is attached hereto, incorporated herein by reference and marked as Exhibit F. Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor by first class mail addressed to his last known address. 35 P.S. ~ 1680A03c(a). The statute specifically provides that notice pursuant to the statute shall be deemed received on the third business day following the date of the mailing of the same, 35 P.S, ~1680A03c(e). " The letter contained the name, address and telephone number of Plaintiffs representative, whom Defendant could have contacted to discuss the delinquency and the possibility of qualifying for emergency mortgage assistance. Notwithstanding the receipt of this information, Defendant failed to take action that would have resulted in a temporary stay of the proceedings, Because the homeowner failed to meet with an approved consumer credit counseling agL>ncy and file an application within the period specified, and failed to meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with Act 91 and is permitted to proceed with its foreclosure action. Additionally, Plaintiff submits that the Pennsylvania Housing Finance Agency would now consider the homeowner ineligible for assistance due to Defendant's failure to satisfy the procedural time requirements of Act 91 of 1983. VII. CONCUTSTON The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as true all properly pleaded facts, as well as all reasonable inferences, which might be drawn from them. Thomp"m v NHson, 379 Pa.Super, 115,535 A.2d 1177 (1988), Hffinned, 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Summary Judgment, and to uncontroverted allegations in the pleadings. Pa.R.c:.P.1035. Overly v KH", 382 Pa.Super. 108,545 A.2d 970 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant summary judgment in its favor. Defendant executed the Mortgage knowing that he would be responsible for the payments. Plaintiff has provided an affidavit that Defendant is in default and set forth the amount owed by Defendant. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden, Defendant has a responsibility to demonstrate facts, which would create a genuine issue for trial. Ehaff, supra. Defendant has failed to sustain his burden of presenting facts, which would contradict the elements of Plaintiff's claim. Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendant has had use ofthe Property rent-free at Plaintiff's expense long enough. Defendant's Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due with interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN LIN & SCH{vIIEG, LLP Sheetal R. Shah-Jani, Esqui e Attorney for Plaintiff --- EXIlIBI'f A age 2 of'18} /{,j-YS- - cr. I"';~T' ",:: .::U,:1 '~r"'" "'-D~""~~ ~.:',Jv"""~'~ l,..;,' t.r:.u..:> ,;UM13E7<LMjj COUNTY - PA ~Dl.\1 '& f 'fOJltJ9f //c!J-' '02 APR 23 AMID 32. .9tCCL-; d 20:lI'g"o71- RightFAX -_..~ -~ - 4/12/02 6:55 PAGE 13/60 '" . .... t .' -. ,* --~ . - -")- . ~--- Prepared By: The Provident Bank dba PCFS Financial Services,lnc 1 E Fourth St mail 1980, Retum T." The Provident Bank dba PCFS Financial Servicas,lnc 1 E Fourth St mail 1980, Cincinnati, OH 45202 Parcel NlIII1ber: ~ A.ba.. Th/f LIlli For IIo<<tnllag Data} MORTGAGE DBFlNmONS Words used in multiple aeclloos of this documeJll are defined below and olbct warde .... defined in Sections 3. 11. 13, 18, 20 IlIId 21. Certain mica ICgarding the 1ISlIgC of words uoed in this doCUlllC/ll.IlIC a100 pmvlded in Sc:ctioo 16. (A) "8ecur1ly IlIsInUnent" mcal1Ilbls dOC1JJllCDt. "'bleb is dated together wlth aU lUdcts to this docoDlent. (8) "BolTO\flll"" is SCOll A. MORRIS April 13. 2002 Bom>wer is the IIlDrtpgor WIder tItls Security lns\IlJmelll. (C)"Lender"is The Provident Bank dba PCFS Financial Services.lnc Lender isa Ohio Corporation MORRIS S HNIl PQlNSVLVANlA - S"tnglo Famllv.... Fannie MilBlF,lIIddle Mac: UNIFORM INSTRUMa;NT Fo.... 3039 1(01 .-elPAlolOOSl LIfAl/o P"9.~ol'1" MWoe/f1O ~~ VW MOR1'GAOt' F4)RM. ~ (8001521.72111 BK 175GPG 112.9 } "'- ~_.'_. , ..... --' 'age 3 of. 18l I, "t . ......-- Q/12/02 6:55 PAGE lQ/60 RightFAX or:gani7.ed and existing UIlder the laws of the State of Ohi 0 Lender's addre$8 is 1 E Fourth St mail 1980, Cincinnati, OIl 45202 LeDder is !be DIOrtgagee under Ibis SecurIty 1ilstrumenI. (I)) "NoIo"_!be promiBsory note signed by Bonnwer and dated Apri 1 13, 2002 TheNolestatesthalBorroweroweaLc:oderThlrty Five Thousand and no/lOa Dollars (U.s. S3 5.000 . 00 ) pi"" intcn:6l. Borrower baa pcomistd Ul pay Ibls debt in regular Periodic PaymeoI& and to pay the debt in ti1ll not laIer than April 20, 2022 (E) "Property" means tile ptope1ty lIutt I. described \>elow under the heading "'I'ransfot of Rigllla in lbo l'R1perty. " (F) "Lo""" JDe8D. the debt evid..",.,d by the Note, plus lnteresr. my prepayment charaes 8IId late (>baraes due under the Note. and llII SlJJIlS due lIIldet lbia Sa:wIty bll1lIlJeDt. pJus lnIeRst. (G) "IlIden" _ aU Riders to Ibi. Security lIlatromentllutt are execuled by BolIOwor. The fi>]lowing IUdm ale to be OUCIIled by Borrower lcheckbox as applicable]: ~ Adjustabla R~ Rider El COlIdominium Rider ~ Second Home Rider Balloon Rider Planned Unit Deve/opmc:Jtt Rider 14 Family Rider V A RIder 0 Biweel<ly Pa)'lllClll killer OOens) lspecl!y] (II) "Applicable Law' mean.< all coolnllllug applicable fedetlll. stale and local statutes. n:gubtioDS. oroln""C"" 8IId .dUlinlsu-.tive roles and ord... (that have the effect of law) .. well as aU applicable 11011I, non-appeahlble judicial opinlODS. (J) "CommDllley A$mdation Dots, 1'_. and Assessments" means all dues. fees, lISSessmenta and otber t:barges that are ~ on llmmwor or the Propeuy by a con.domllllum aasociatlon, homeowllers lI88OCiallon or slmiJJIl" orgAIIintion. (J) ''Elem-ome Fancls Tnmsfer" m..... any """'fer of funds, other th;m a ulUIlIlOCllon otlglDalod by clieck, dtafl. or slmilar paper Iustrument. wlJiclt is initialed tbrough an eleettonlc tl:rlDinaI. telephonic llISlnuncn1. cmnpUler, or magnetic tape so 88 to order, instlUCt. or authorlze a financlallnstltution to deblt Ot credit "" account. SUcb tenn ineludes, bot h IUlt IInrlted to, point--of-sale lnlIsfenr, automated teller maclWu: tr.II!I8Ctions, transfers initiated by telephone, wlte transf..., 8IId automated cleariDslwuse ttanafcrs. (&) "Escrow news" _ those items that ~ described In Section 3. (L) "lWscellaneous l'roueds" means any OOJDpeIWIIion. settlement, award of damages. or proceeds paid by any tblrd plIIIy (other !ban iIl&uIauce proceeds pllld lHlder lito """er.sos described in SeetiolI S) for: (i) damage to, or deotruclion of, the PropllIly; (II) condctllllatlon or othea" taldna of aU or any pllt'l of the Property; (U1) conveyance in lieu of condemnation; or (iv) m!$reprcsenlatlOJlB of, or omlssions as to. the value and/or condltlon of the PtopCtIJI. (M) "Mortgage Jmwran",,' IDOlUIlI iDIll,OllOe psotediDg 1.eIllIer agaiuBt tbe oonpaymeut of. or deftwlt 00, lhe Loan.. (N) "PerIodie Payment" IIIWIll the Illgulady scheduled ammmt due for (i) prlnclplll and inl~est1lllder the NOle, plus (Ii) any 8/IlOUlIts under Sect/on 3 of this Securiry "hlstnnneut. MORRIS S HIl17 ....... .h... , _..sCPAJIOOO9' ,.....ZrdllJ ~ ~rmSOS:9 '/0' .. BKI756PGI130 'age 4 of> 18) l, .' ~... 4/12/02 6:55 PAGE 15/60 RigbtFAX (0) "ltESPA h _ the RealI!staro Setdc:ment Pl:ocedutcs Act (12 U.S.C. Section 2601 et seq.) and its imp\erneDliDg Rgulation, RegulstiWl X (24 C.P.R. Pan 3500), as 1hey might be _clec1 from thno 10 1iJlIc, oc any addItlonal or ~or JegislatlOll or n:gu1atIon tbst govema the same subject tnaltcr. ~ uied in thU Secwily lDattumeot, 'Rl!SPA' rel.".. to all requirelnenta and tt:sttictions that are imposed ill regard 10 a "federally mated IIIDI"lgage loan' even If the Loan dOes not qualI1y as a '{edetally n:1ated JOOrtgage lo:bI.' UDder RBSPA. (P) "Su<ea.or in 1nI1!l"4!$t of lIorro""'" lIIe8lII any p&IIy thallw taken tIIIe to the Property, whether or not that party 11M IISSUItl<d BOUOWCl'S oblleatlons under the Noce and/or tills Secwily Inatrnmalt. TBANSFER. OP RIGHTS IN Tl:lE PROPERTY This Security'lDstrUGIeIlt secures to Lender: (i) lI1e tql8.YDIllUl of the Loan, and all l'CIiewals. e.rJenSions llIld moc!iliclll<lu of the Note; and (ii) the ped~ of Borrower'. COyenanla and a~1J under tbls SeCUrity IaslItlrDelll and the Note. For this plllpOSe. Borrower clOes /u:n!by mortgage, grant awl f:OnVey 10 LetIder the ful1<lwlnt described pn>petty loealed in the County rrl'l'" ofRccoRliDs ~&:lloqJ of ClIIIIberland I.NlIIlOo'!tl:~1wIoIfaioJI1: See Attached Exhibit -A' whil:h cumntly has the address of 42 CQLUM8IA ROAD ENOLA ("Property Addre&e'): [CIty). PeIInay"'anJa 17025 [S....) (Zip Code) TOGETHER WITfI all the improve_Is now or hc:<eafter """,led on !he property, and all ell5emeuls. appllrtdlllr!Cl:S. and flxtWl!S now or 11m. a part of the properry. All '"P~ and additions tIutI1 aloo be ""_ by this Security Instrument. All of the foregomg i. n:fom:d to in till. Security InstnlIIlent .. the 'Property. " MORRIS S HN17 CZIi&. -etPAI_ I~ Fonn3009 1101 P~3otf. BK I 75 6PG I I 3- , ageS ~ 18) I. . \ ~ 4/12/02 6:55 PAGE 16/60 RightF~ BORROWER COVENANTS d1at IIoIrower is IawfuI1y selsed of the estate hereby conveyed and bas llIe risht 10 ~, grant ,00 COl1vey 1IJe l'rop<<ty and that the Ptopcrty iB unencumbered. oxccpl fur enenmbn1u:es of u:cord. IIortower wiu:runla and will dtfcud genenlly the 1i1Ie 10 the Property agaiJlst III cI4ims aod demand., oubJcct 10 IIlJ ~ of x=nl. nus SllCURn'Y INS'l'RUMENT eombines unifuun covenant. fur ua1loual _ llIId DOn-unlfonn covenaulS willi limited 1/ariatious by jud5diction to coll8lllU1e a 1IIlifonn S'CJlIity ins1rulJ18ll1 cove<ittg real property . UNIFORM COVBNAN'l'S. Bortower llIId 1eQdercoveuaut and 8flIeC as wUows: 1. Pa,......t (}f Ptindpod, Intonst. E5crow ltems, Preps)'Dltlllt Chaq;es, 811d Late Chare", Bonowu sball pay whcu due lI1e prlnclpaJ of. SlId interest 00, lhe debt evidenced by the Not<: and IIIly p<epayrlIl\IIl chargee and liIc cbugeS due UDder the Nore. Borrower sballlIlso pay fuDd$ for Escrow lteQIS pursuant to Section 3. Pa)llJlClllll due UDder the Nofjl and tbIs Security lus1nm1eal shall be made in U.S. CUI1Clll>y. However. if any check or oIlIer inatrumeIlt received. by Leader as paymenl UIIdcr Ihe 'Note or 1bJ. Securll)' JmUUllU!Ot ia rctumed to l.Onde( unpaid, Leader may requlre that lilY or all $lbsequcot PlI)1IICIIta due UDder Ihe Note and tblli Sccurily INlnJmcot be IDlIlle In one or mote of the foIlowi1lg fOQnS, .. S<>Iec:ted by Lender: Ca) cub; (b) mo.ucy onler. (c) certified check, ballk chect, tteaSumr's check or cashier's chede. pravlded IIllY &UCh cheek Is drawn upOn llII Wtitulion whOSe deposits arc lnSUIed by a fedCI3! ageocy. inslrumentalIty. or mtJty; or (d) B1eclro11ic Funds 'lnnsfcr. . Payments at<l 4eeml:d. received by Lc:mIcr whcu received 2llbe location designated In the Note or sf such otbcr loc:alion as may be deoigu8U!d by Lender in accCll"llana With the notice provislOllll il1 SecdmJ. 15. Lender may retlJm IIllY pa}'lllelll Or partial payJDeIIllf lbe payment or partial payments arc iDM:fident 10 t>dng the Losn ~. Lender may alUplllDY pa}'lllell1 or partial paym8lIt lnsufiicienl. tD bring the Loan =1, wilhout waiver of any riglllS lu:f6llllder Or IJllliudIce to Its rights to .refuse such paymOlll or partial ~t! in lhe future. but Lender Is not obligated to apply Inch payDlOOll at the time l\Icl1 paymeuta are accepted. If each Periodic l'aymeDIIs applied IS of Its $choduled dUll dllle. then Lender n<td tIllt pay intcrI:st on Ull3Ppllec1 1Itnds. Lender may hold such Ull8pplled fwllIs UIIIiIllarrower mms paymcnl to bring the Loan CUtflml. If Bonower does I10t do 1lO within .a IWanablt period of 1iP1e, Lender $lISI1 eUller apply ~ch funds or remm thcll1to Borrower. It 1IOt opplied earlier. _ tands wm be applIod ID lhc oo..tandlllg principal balllll<:e ODder the Note I~.,",y prior to forecloSDR:. No offlet or claim which 1Ionnwer .might have now or In the future against Lender shall relieve Bon:ower from JIIRldug PlL)IIIIeuts due under the NolC .and Ibis Sccnriry lDstnmle.tlt or perfonning the covenants and agreenu:nt:J secured by Ibis Security InmumcnI. 2. ApplicaUOIl of Payttlenls Dr l'rD<eeds. Except .. otherwile deacribed In Ibis Seelion 2, all p.a;ynu:n13 acc;epled IIDd applied by Lender shall be lI[Iplled in the following order of priority: (IV intetest due under the Note; (b) princtpal due lIIlder the Note; (e) I!lllOIIIlIs doc under Seo:lion 3. Such payments Rball be llppIied 10 each Periodic l'aymenl. in the order in wltidl II bt:ume due. Any remaining 3IIlOUtllS sIWJ be applied f1ul to 1a1e charges. $CCOI1d 10 any other amounts due 1IIldcr Ihlt Security blsttumen~ and then to reduce the prlnc19a1 balmce of the Note. If Lender receives a payment from IIonower lbr a dcIInqnent Periodic Payment which incJudea a rofficlcur amllOnt to pay IIIly laiC che-ge due. the pa,vnlCllIDlay be ""Plied to the delillqw:nt paymertl and the late charge. If _ tb8n one Perfcdlc Payment is _ding. Lender may apply ...y payment received trom HOllower to the repayment of Ibe Periodic Payments if, lIlI4 10 the exleIIl that. each payment CllIl be MORRIS S HN17 /hAA....___ Wd.fr~-_ 4G\-6IPA)j0008J ,...sof18 Form30gg 1J01 BKI756PGI132 'age 6 of.1B) , , ~. Q/12/02 6:55 PAGE 17/60 RightFAX paid in M!. To the _ !hat IlIlY __ cxl$la aIIer the payment is applied 10 the full pll)'JllClll of one or more l'erlodlc Payments, such ~cesa may be app1Ied to any bile charges due. Voiwltaly p~ts ,ball be applied lint to any pn:payDll:Dt charges IIIld then 8S described ill the Note. AJIy application of paymtnt>>, insuf1llJCll proceeds, or MlscdIlIlICOUS l'Ioceeds to pIblcipal due under !he Note ihalllIOt extmd or poslpODI: the due dare, or change the 8lDOWlt, of the Periodic Payrnt4r$. 3. I'lmds for Es<row Jtems. Bottower abllll pay 10 Lender on lite day Pcrlodic Paymenl& .... due U1Ider dle Note. 111llll1he Note Ia pald in full, a SUll1 (dle "Fullds") lD provide tor pay.au:I1t of amounts due for. (a) taxes aDCI use"""'''' aud other i...... which can 8It8in pIlorlIy over !his Securily Instr\hl1tIlt as a lien or eocumbnmce tmthe l'mperl;y: (b) leasehoId PI)'ltlllDl& or grollDd rcnI8 OIl. d1e~, If tIl1Y; (0) premiums for my aod all iasurancc required by Lender UIIder Section S: aDCI (d) MOOgSIC Inmance pn:mimns, If any, or any sums payable by Borrower to UmtIer In lieu of the paylllClIt of Mortgage Jmurlllll:ll premi_ ill accotllaace with the pnwisiOllll of Section 10. These itemS llIe tailed "Bsctow Items." At orlglnati<lJl or at 8DY time durfng the tenD of lite Loan, Lender may n:quixe 1hat Commanlly A!sociation Dues, Fees, IIIld Ass_, if any. be oscrowed by Bortwu. IIIld auc!l dtt.,.. fee$ and.. 8S$essmen1s shall be an Escrow lrem. Boriower shall promptly LI1rDlah to Lender aU Mtkes of 8DIOUD1s to be paid WIder Ihi8 Section. Jl()m>wer sball pay Ledder the Funds tor llsaow 1_ 1JDleu Lender wllives Borrower's obllptiou. lD pay lite Ftlnds for 81J.y or aU Bac:l:ow ltenl9. I..cI1llel" may waive Borrower's obUgadoD lD pay 10 Loader Fuudo fur my or &1 Escrow ltelllllll aw tm. Any sucl:1 waiver DlIIY ooIy be In wlillng. In lhe event of such waiver, Borrower sball pay dim:tly, wilen and where pa;yllb1e, the lllItOUDlS due fOr any BsClOW Jlems for wbicl1 paymcsst of Fnuds hu been waived by Lender and. if Lender noqulres. shall tilmish to LeIIder teeeipls evid=iDI IIlcl1 ~ wilhln IIUclI tiIlIc period as !.endel' may tcquIre. Bomnver's obUplicn to make such paymClll8 lIlId 10 jmlvide ~ts sball for all POlJlOSes be deemed 10 be a OOV_ and agreemmt c:outafued in llU. Scemity lmtrumenl. as lIle phrase "covenant lUld lll1-..t" is llsed ill Section 9. If Boxrower is obllg81ed to pa;y Esctow llcn:ls dltectly, pUrIUIllIt to a waiver, and Borrower fails to pay the lllIlO\IIll: due for an Escrow Item. LeucIllr may exercise Its rlghb 1lIICIer Section 9 aDCI pa;y sucl1 8lllO\IIlt and Bonower .lIall tbcn be obligated tmdel" Section 9 lD repay 10 Leodec II1Y aud1 lUIlIIUnt. Lenllcr \my teYola: lbe waiVer os to lIIIJ or all &crow Jrems at llIIY tiJoe hy .. 1lOW:e lIl.<I1 in . accordallce iIIith Se<:tioIl 15 and. lIJ}OJl such revOcatlOll. BOlTl)..... Bh2II pay to Lenclor 011 Funds, end In such 1\lUOUIItS, that are then required UDder Ibis Seclion 3. I.endex may, at any time, co11eCl aad hold Fnnds In lIlI amollllt (8) .uf1ici<mt to p"""'t Lender to apply the Funds .t the !IIDil specified 1lIICIer RBSPA. and (b) lIOt to =eed the rrunrlmnm atIIOIIDt a lender can n:q\lino under lUlSPA. Lwder shall cstiDJale lhe amonnt of Fund. due OIl the buia of cumnt data. and n:asonable estlmalea of cxpendlture! of future Escrow Irt:nIs or otholwiae in aeoordaIll:e with Applicable Law. The Fuods abaIl be beld in 811 inslitutlon whose deposits are insured by a federal. agenc.y. insttumcntalIty. or entity (mcJudlng I.e:nder. if Lender is an institution whll5e depollrs are so iDSlIred) or in any Federal Henne Loan BIIIIk. Lender sbanapply tile Funds to pay the Es~"W Items no later Ihan the Iimc specified UlIder RllSPA. Lender.hall not cbargc Borrower for holding and app1yln,lhc Ftmd" lUIDtl1lIly analyzjllg rhe _ IICl:OUIlI. or verifyln& the Escrow Itctlll, 111l1ess Lender paY" llotrower lule=t on the Funds and Applicable .Law p!lmits IAIder 10 1r1ake such a charge. "tJoless... agrcemcut is made iD writing or Applicable Law requires Int<<est to be paid on the Fuods, Lend... sball not be noqulred to pay BOml'Ner any intereSt or eamiJlgs on the FuucIS. Boo:ower and I..cndc:r ~ agree in writing. however, Ibat Interest MORRIS S HN17 w..~ ~A ..---- ~. FtInna03B 1/01 _-aIM/woo.. .. P~o!l5qf,. BKI756PGI133 age 7 of" 18) .. .' =.0..- 4/12/02 6:55 PAGE 16/60 RightFAX shall be paid on the Funds. Leudor shall give 10 Bonower, without charge, an IlDUUJ\ m:I:OIlIltiJIg of \be funds as n:quired by RESPA. If then: is a atIlplUS of Funds .held in escrow. as defined UDder RESPA. Lender Iha\I a<;COuot to Borrower for lhe o=os 1iDlds In a=dance with lU!SPA. If there Is a shortage of Fund. held in _. lIS defin<ld UIIder RESPA, Lender shall notify !I0lX(1'11er .. ffiluiml by RBSPA. lIlId Ilomlwer sha11 pay to I..ewle<: the amolllll n"""""'Y 10 makeup the s\Illnage in accoIdaDCe with RESPA. but In no more than 12 montb1y paymellll, If OWe la a deflcieney of Flmlb held in oacrow, as defined ~ lU!SP A. Lender shall notify Borrower as requited by RESPA. and Borrower s1uIIl pay to Leader Ibe amounl neceawy to IlIJIre up the deficicnc:y ill aceol:'dm:c with RBSl'A, but In no _ than 12 JI10IIlIiIy payment5. Upon po,ymenlln 1\In of all SUIIU .secured by tbl. SecurIty :lnstnuneaf. Lender s1uIIl promptly m\md to Borrower IIUY F1mds held by Lender. 4. Charales; 14_. BOItQ\IiCr shall pay all 1llXl:lI. ................ clolIJeS. fines, llIJd lmpD5Ir101lS altrlhutalllelo the Pn>perty which """ ~ pdodl1 0\'"," till. Securil;y 1DsInlrnent, leasebo14 payPlelllB or ground telIto on tho Property, if any. IDd CoIlllll1lDlly Assodat\on Dues, F_. and AB...._. If uy, To the _ \hat these iImlo lIe l!scrow Items. Bomlwcs shall pay 1hmn in tho JIlOlWtt provided In SeCllon 3. Bottower shall prompdy discharge aI\Y lien whic.h .has priority over IhIs Sec:urlty IasaumenI mess Borro_I: (8) 8gIl:esln wrllfng \0 the payment of \be obligation secured by the lien in a manner acceptable III Lender. but only 50 long .. Borrower is perfunniDg such agreemont: (b) CO_ tho lieu in good faiUt by. ar defew\& -salmi llIIfon:emem of the lien In, legal proceedings which in Undcr's opiDloo. opeIale to prevenllbe enfilrcelr:Itm of the lien while those pr~b1gI are pending. but DIlly uneil 811ch ~oeedings ate ctmI:\1lded; or (e) sc:ctJml from the holder of the lien an agreement oalishcroty to Leueler "'boJdiDating the lien to tbf4 Se.:urity Ins!nmlcnt. If l.A:OOer determlnes tf1at aoy part of Ibe Property is subjl!ct 01 s. \ierl which elll attain pIlorlty over this Security IDslromellt. LendeI PIlIY gwe Bonower a notice identi1Ylng the lien. Within 10 day. of the dste mr w.hlc.h that notice is gl""o, Bonuwer Ihall satiafy the UCll or lW <me at more of the actIolls sel1brth above in thi8 SectIon 4, Lend... may req,u.fIe Bonower to pay a OQb.tiJlle cbarge for a real emte tax -uico1ion andlnr reporting semce used by Lender in counectiOll with this Loan. S. Property JDsunw.c... Borrower shall keep lIIe improVements J10W ""isting or bereafIer e=ted on !he l'roporty inourc:d agaiDst J.... by fire, hamds Iacluded within the term .tll<teIlded covenge,. and lilY other bazards includfng, but ""t limirm to, eaxthquakos and floods. fur which Leoder requlIes lnmrance. 'Ihis iIlauraDl:e ahal1 be IIlaIJWllIIed in the lIIIlOlJIIls (including deduCllbIe Jevels) and for lhe periods that Lender~. Wbat Lender requires punuanl to the p~g sentences can manae eluting !he term of Ute Loan. The ~ carrlet providiug the iasurance !ball b. chosen by Bon'ower subject to Lender'. rlllbt to disapprove Borrower's cholre, which right shall not be IXClI:is<d unreasOllably. Lender may roquire Borrow$!' to pa,y. in COIIneClion wiUt this Loan, elther: (a) . mre-Iime c.harge fur flood. 2"0118 ddenninallOD, <:ellitication and traek!ng services; or (b) a one-timc cbarge for flood :zone detenniualion and C(l(\jficalion oerv1CCl and subsequent charges each time remapplngs or aimilar chana.. 0CCIJt which reuonably mf&ht afICel auch detetminatian or certification. Botrower sball al80 be respoJlllible for the payment of any fees iIIIposed by the Federal Emergency Mansgement Agency in conneetion wilb the revlew of llIlY flood zone determination rew1ting fmm an objectlOll by Borrower. MORRIS S HN17 .f~ F..... 303& 1101 e.-S(PA)toOOlD ..'Qa....al' 16 BKl756PGl134 age 8 ot.18} . ~/12/02 6:55 PAGE 19/60 RightFAX . , If BortOwer faiIa to mailll8in any of Ihc covenges dcsedbcd abovc, Lender may obtllin InsllrDncc rovetllge. at Leuder'. option and Borrower's cxp<mc. LQxIer is DUder no obligatlon to pwdl8llc any particular type or amoma of COVCl"8ll". 'l'berIlt'0(e, ouch coverage mall """ct Leuder, but mizbt or might DOl p_ Boaow..-. Boaower', equity lallle Property, or /he _IS of the Property, against any risk, i1azan1 Ot liability aDd might proYl@ greater or lessor ~ than was pamously in elJet:t. Borrower acknowledges OW the CO$[ of tile ioaurmu:e coverage so obtained might ,"S"ificlU\lIy exceed the coat of mllUt8Jll:C tlm BortOWCt c:onkI ilave obtain<!d. AI1:/ amoonts dlabm0e4 by Lender 1IIIIie"C Ibia Section 5 aIu>Il b_ additional debt of 1Iotmwer secured by IhIa Security I"n$tt\UIll:nt. These IIIIlOIIIIIf shall bear /-..( a11he Note tatc lImn !he date of disbl1rlelllcnt and mall be payable. with such ~ upon Ilolil:e from Lender to BDtl'OWOt reque5ling payment. All insunInce poHcI<!S roqu.Ired by Lender aDd reaewo/$ of socl1 policies shall be su1iject to Ltudet's' r\gbI to dlaapprove S1ICI1 policies. siIaII itlcIude a &UIldatd mortgage clause, aDd shall DllI1lC Lender as mo.Itg3&CC and/or as 1IQ addlIlooallosa payee. Lender shall have the riJht to IJold tlIe policies ond RDewaI cemlitalCS. If 1.cnder requlmJ, BoltOWet shall promplly give tl) Lender all RCCipts of paid promi1lllllllllld renewa\ notices. If B()(t<7WIet oblaius any fonn of insuIanC<l coverage, Ilot otherwille requI~by Lender, for damrge ro, or destrol:tlon at. Ilur P.ropctIy, Illcl1 policy silalI itlcIude a staudanl mortgage c111D3e.md sballll&me Leader as mortgagee and/or as an additioDallo.. pa,yee. In the event of loso, 1Iotmwer siIaII give prompt notice to the wor....... c:anior and Leade.r. Lendt:r may ~ proof of Joss if not made promptly by llotrower. UnIe8B Leader 1lIld Bonowet' otilelwlae rgree In wtIrIng. any insurance proceeds, whclher or DOl the underlying iDawauc:e was requited by Lender, mall be applied 10 restoration or tepair of tile Property, if die r<4Iorllion or "'Pair is economically feasible and Lender'a sr.eurity is DOt Ies&o::ned. During such repair and IestotalIon period, Lender shall have tile dabt to IJold auch InManc:e proccedJJ 1llItll LIlodor hall had an opportunity to illspect such Property 10 llIIS1U1lthe werle has been COIIl\llctcd 10 Lendet'. satisfaction, provided _ such iDJIpection sba1l be Ulldertaken promptly. Lender may diJJImrse proceeds for the repairs aDd te$toralion in a $iogle payllrel1t or in a ...,/ea of proare$$ paymentS .. the worle is completm. Unless ... agteeme:n/. is made in wrldng I)r Applicshle Law mpdres bllelesl to be paid on such i1lLIurtlllCC proceeds, Lender aIJaJ] Dot be required 10 pay Borrower any in_ OI Cll1:IlInp on such proceeds. Fella for public adjustCQ, or o1lIer third parties, retained by Borrower sbaU not be paid out of tho insurance ~ aDd alJaJl be the sole obligatiOll of Borrower. If (he restotatlon or tepair is DOICCtl"<)ftd""lIy tC8llbIe or Lender's secmlty would lie leaseDed. the lns1u3nce JIlOceeds ahaU lie applied 10 the IUllI8 secured by IhIa Security IDstrumeot, whether or lIOt then clue, with IiIe =ess. if ....y. pIoid to Boxmwer. Sucl11n~...ceproc:eeds siIall be applied lathe ordm"PlOvlded for in Sectiou 2. If BotIQWer abllldonS the ~. f..eGder may .lilo, WlgOtlate BIId settle any availeble insurance claim and telared Jmltels. If Botrower doeo not teIpOIld within 30 daY' to a notice> ftom Lender that the insurancAl Clltrler has offued to s1:Ule a elaim, then Lender may negotiate and settle the claim. The 3().day period wlU begin when Ihc nodce is given. In either event, 01 if lender acquires Ibe Property under Section 22 or othetWlse, Borrower hereby asslsns to Lender (aJ Borrower's tights to any Insurance proceeds in an IIDlO1lIlt DOt to exceed the 8IIHlUIlls 1IIIp8id under Ibe Note or this Security Inatmmenl. and (b) any other Of Borro."..,t'. rights (other than Ibe diht to any refund of onearned prenduouo paid by Borrower] onder all iDsutanoe policieS covering the Property, In80far as snch ngbts are applicable to lbe coverage of the Pmpetty. Leslder ",.y use the inlunmce proceeds oIlher 10 "'Pair or reslote the Property or to pay lUIIOIlllllI anpald onder the Note or this Security Instrument. whether or not (hen due. MORRIS S HN17 _ -"IPAI ....., " ",uaoa ""~Fann3039 1/01 BK 1756PG 1135 _0.' 'age 9 o{; 18) 4/12/02 6:55 PAGE 20/60 RightFAX -~--r" .-. .. ---~~ . , " 6. Oo:cupanq. Borrower sball oa:upy. establish, and use tbe Property 8$ llorrower's principal re&dcw:c within 60 dll}"l after !be eJreCUIlDn of lbIs Stmuily Iilstrwnent and shall c:antiDue to oc:aJpy the Propen;y 8S JIOnowet's principal residence for st Jeast DIl8 year after the date of oc:cuparu:y. 1IDle8s Lendor Dtherwise agrees in wrl1Ing, whldl CDDSelll sbal1 Dot be IIII1'WOJIshly wilbbe1d. or _ e1;teWatiDg cW:umslm:eS exist which are beyowl Borrower's control. 7: ~atiODo Mamt..8JIl:C ad ProtmlOl1 of the Property; Inspectlons. Borrower shall not deslroy. dlllllSl!:e or impair the Property. sUow the l'roperty to deterlontI> or <:ommit Waale an the Propeny. Whether or not Borrower Is resldiug in the Propetty. BDltOwer sball maintalD 11I8 Properly in order lAl pnwem the ~ ftom detelioraling or 4ecreasIng In value due to its condiliOllo Un1e:u it ill determlded pumlant to Sc:ction S tbat repalt or restoration Is not coonomiadly f....lble. Boaower sbaII promptly repair the Properly if domaged to avoid tIulber detaiontion or damage. If insurance or COJId""""Hnt poceed$ are paid in connection with damage 10, or the rakiog of, the Property, Borrower aUlllle respooaIble for rapairing or r<&tOtIng the 1'roperty oaIy if Lender has released proceeds for such put(lD$eS. Leader may disburse pmcc:cd& for the r<plts and restoration In a single paymcm: or in a l!eIies of progmss Payllllllll8 IS du: work is complc:ted. If tbc illSUtam:e or tondemoation proceeds IItC IUlt 8lIfficient 10 repair or restore the Property, Borrower Is IlDl Rlieved of Borrower's obligation for the completIon of socb. tepalr or fe61o~. Lender or Its 8Jl'IIl may DIIIcJl reasonable eatrics upon and iDspecriODl of the Ptopetty. ff it hao ~ <:aUSc, 'Leader may Inspect the interior of tbe \ulproYc:meaIS on rbe Property. Lender shall give llorrower lIllIice at the tlmo of or prior to such au interior lnspectioo speclfylng mch_able cause. 8. Borrower'. l.o;m AppU<ailO1l. lIottower shall be in defllult if, during the Loon application prooeIIs, Bom>wer or any petIOlI" or eotlti.. 81lIin,g :It the diJectinn of Borrower or wilh Borrower's knowledge or CllI\S(llt gave mateIiaIly false, misleading. or lnsccUrate Information or statenlllllls 10 LeIuler (or failed to provide Lender with maledal infoImatiOll) in coonection with the Loan. Material IepleStIltallons iDDlude. but ere not 1imitod to, rcpr<aeDtalions coaeonn~g l!OIrower'. ~cy of the Propedy u Borrow",s plindpal resldeace. 9. Prlltection of Lender'. In_ In the Pt-optrly 8Dd RIghts Under dIis 8<curIty Instroment. If (a) HnrMWlIr fall. '" perfoun the ~ snd aJlX""Dl"llll coDllliDcd In thla Security IDsln1dlC!Dt, (b) _ Is "IOCal]JlO\lQ:diDg 1hat mialn sipificanllYaffect J.ender's IDterW.ln the Property andlar Iighta IWder this Seeorlly fnstnuIrmt (such IS a proceeding In bantruptcy, probate, for tl<lD<IertmaIiOll ar filrfelture, for tIlfuta:ment of s lien which may attain priority OVer Ih!s Security fusttument or ID enton:e laws or reguIations), or (c) Borrower bas abandoned the Property, then LeIlder may do and p.y for wbatever is reasonable or apptot>rlarc 10 protect Lender's inIerest In Ihe Property aud rigid. IWder this SecurIty Instrmnent, including protecliDg lIJId/or .....sing the valne of the Property, and sccudD& and/or repairing the Property. ~<<'s actions can illcludc, but are not Ilmiled lAl: (8) paylng any S1llll8 llWItclI by a lien which has priority over Ibis Security Instnunent: (b) sppearlDg in court; and (c) paying reasonable attorneys' fees ID pIUlect its In!ctestln the Property lJflll/or rip noder this Securll)' lnslrumA:Dt. lllc1udlng it. secured podtlon in a baDkrnptcy prooeediug. Securing the Property includes. but is not limited to, enteriDg the Properly ID JIlJIke repalra, change locks, replace or basrd up dooa and windows. Wain water from pipet. .Um;".'. building or other code violalious or dangerous coodlw.... and have "tilities tumed on or off. .A11b00&h LeIul..- may lalre actton under lbia Section 9. Leoder does DOt have to do so and II DOt under any duty or obligation to do so. ft Is agreed thst Lender iJlcurs no liability for not takiDg any or all actiono authorized under this Section 9. r MORRIS S HNIl _Ir. ...fPAl...... ....." " ......303S '10'"" .. BKI756PGl136 --......: age 10 ct 18) ........... -- . 4/12/02 6:55 PAGE 21/60 RightFAX . . Any amoun18 di&bur8ed by Lcmd"" WIdc:r thia Section 9 shall become additloua1 debt of Borrower secured by thilI Se=ity lnstromoor. These amollllls shall bear interest at the Note rate from lb.o date of di&bum:ment and sbaIl be pll,l'llblo, with such In_. upon nolico 110m Leader to Borrower reqnesting pa.ymeut. It dIIa Security InsttumeJtt is olD a leasehold, BOIll)~ shall comply wilh all the provisiOIl8 ot the 1_. If Borrower llcquitc:s !to tlt1e to the P.operty. the leaGehold lIIICI1hc fee tide &haI100! lIIelJlo unless l.eI1der ~ 10 tbeDU:tJll% in writlng. . 10. Mortpac Insunmce. If Lender xequited Mortgage Iu.su.nInu as a coaditlOD or making 1lic Loan, Bom>wor shall ~ the premiulDl J:CqUlrc>d 10 JIIlIinWn lb.e Mongage Insutanoe in effect.. If. tilr any teason, the MortgIp ~ oov"'llio J:CqUlrc>d by LoncIer CCUClIo be ovallable funn the mongoge insuR:r Ibat p.evioOOy provided such lnsw:anee and Botl"lJO/or \VIS ""Iuired to make separatcly dcsignaa:d PllJlmentll toward the pa:miwns for Mortgage Insunnce, Borrower eball poy the premituns teq11iRd to obtain COVCrilC snbsbmtIal1y equ\V31ent to the Mortgage lu.mr.mce prelliousIy in effect. at 0 CQ.It .ubstlmtially equivalent 10 lb.c coot to Borrower of the Mortpac lnsuraDce previously in effect, iiom an alremete mortgago insw:cr selected by Lcnclcr. If sub4laJllially <qoivatent Mortgage Insu>:1lllCC covtll8go is DOt available. Bo_ oIJ.oII cotIlInnto 10 PIIJI to .!..cod<< die IIllIO\IJl.I of the .cpatJltely des/paled pqIJlCllf8 /bat Wet(l due when the lnautaocc coverage ocosed \0 be in effect. Lender wl1l accept; use and ""ain these poymmu ... . lIOI>-xefundablo loa ~c In lieu of Mortgage InS1llllllU. Such lOllS _ sb.aIl be non-refimdablc. DOtWlthstanding the fact that the Loau is ultimab:1y paid in foil, and LendJ:r shall tIO! b. requitEd to pay BGnlJ\Vet Ill\Y interest Or earning. on &UClL loso mene. Leuder can nO 1000ger Rquire 10/ll1 re&erVC payments if Mortgage Jnaurance coverage (in the llDID1m! and ibc the period Ihat LeIlder requires) provided by an insurer lC1ected by Len(ier again becamea aVBilable. i. obtalned, and Lc:adcr tequirc:s scp8nllely dC\l!paled payxmmts toward the premiums Ibr MOrl&age Inauraace. It l.cndcr ICqUitEd Mortaa&c Insur...., as a CODdition of lDlIl<ing the Loan and Borrowec was required to make 8CjIlUlltely designated payments toward the premiums for Mortgage IniUraDCC. Borrower 8hatI pay the premiUml :requited to 1IIlIlntain Mortgage Insllnll1'C In effect, or to ptO'Iide a llon-telimdab1o 100 I12erVe, until Lendet'a r~ fur Mortpge lns1mmce ends in .....rdancc with ""Y wducn. agIOement between BorrowOJ' and Lellder provldlna 10< such lemliDation or unrIl teDDiDatlOIl is required by Applicable Law. Notbinc; in this Section 10 alfects lIOJrower', obligation 10 pay ~ at /he rate provldl!d in the Nole. Mortgaae InsutllllCC mmInu:ocs Lender (at any <IIt!ty tbat pwt:bsses the Noa:) Ibr certain losses il may Incur If BOllOwer does DOl: repay the Loan III ogreed. Borrower is Jlot a party to !he Mortgage In&urance. Morf&a&C insurers eval~ thcit total risk on all sucl1lnsuranc:c in force fron1 time 10 tImo. 8Ild may enlel" into sg...el'_ wilh od1er parties that more or IIIOdify thelr d8k. or reduco losses. ~ agrtClDODlS "'" OIl UumI and COJIdition. that SIC sotldactmy to the mortgsgc insurer and the other party (or p.uties) 10 these agr_lIl. These agreements may requiIe the JJIOrtgllge msOl:er to make ~ta uing any roUlCe of funds that the II1Ort8*IIC m..ucr may have available (which may include i\mds obtained Iiom. Mortgage Insurance premiums). All a resuIr of these _. Lender. any pnrchaser of the No~, _tbcr in&urer. any nolnsurct. any other eot.ity, or any afIi1l4te of any of the forcsomll, may rccclve (directly or hulixcctly) amoUlltllhat derive from (or IlIight be cltarocteri7M as) 0 p<>ttioIl of Bon"OWl:l'a paJIIlCI1lB tor Mortgage lnsurance. in exclw1ge for sharing or modi{ylng the IIlortgage insorcr's xislc, or redlWing los.... If auch ~! provide.l that an aftiIiale of lender I8kes a share of the In&='s risk in exchonge fur a shan> of the pmuilIDl5 paid to the insurer, the arrangement is often leaned "captive I1litIsw:ance. " Further: (al ADy web qreements wII1 no! otfeet the amount, that Barrower h.. &gl'eed I" pay tar Mori&. ImuraI1ce, 01' any other _ of Ihe Loan. Suds _Is wII1 Dot Increase lbe 8lDoont BOITI>wer will owe (or lI:tortgage JnSlll'OD(e, and they will not entitle BOlTO""," 10 any refund. MORRIS S HN17 ~ Form 3039 1/01 ~-6(PAI 1000'" P.SaflO: BK I 75 6 PG I I 3 7 age 11 of 18} - . . 4/12/02 6:55 PAGE 22/60 RightFAX (b) ABy such "8lflCIDeDlS will not aUKt tlIe rights Borrower has - if auy - with nspett to the Mortgage Insurallte lIDder Ibe ~ Proted:lon Al:t of Dill or lItlJ other Jaw. '1bese rlsJIf$ may include Ibe right to receive cerWn dJuL,a<res. to req..- aDd obtain ea1KCllalion of the l'dmpee lDauraloee, to have the Mortgag. III91Il"IIII<e tennln.aIed automattcal1y, and/or to receive a ttfuad of 8lJy Marteage Insuruoe .....,nUlDll that wore _d at Ibe time of melt raacdJalioo. or terDlbl.atioD. 11. A&sIpmcnt of MJsceIIalItons I'l'oteed.; Forfelt1lre. All Miseel1ll11eOW1 Proceeds are he.eby asaigued 1lI and IlhaIl be paid to Lendt:r. If the Property is cJamose<I, such Mlscd1anco.. 1'roceeds ahaU be applied to restOration Or repair of the Property, if !be 1l!IItO.u.on or repair ;. ec:ooomlcaJJ.y feaslbIe md Lealcr'. security is DOt Jc:ucned. During such mpair 8IlIi restoratIotI period, Lon.... shall have !be tiabt to hold aw:h MiscclIanoous l'm<ceds atll Lender has had an opportunity to /1JBpect soch Property to ....'ee the WOl:lt IDa becu completed to Lc:ader's ""'-./lon. provided thai sw:h /JupecIkm. abaIl hellDderlateu promptly. Leu4er IIIl\Y pay for the rcpaim ..d nllllO<atiOll in a siDgIc disbu_t or In a series of progreM ~ u the work Is completed. Unless an ~ Is wade in writing or App1icabl. Law rcqu;rea ~ to be paid au au<:b Mlsc:eIllUlOllWl Pm<:eedll. LeIldtt IbalJ not be reqaired to pay Borrower any interest or eaaUup au 8Ueh M~ l'ro4:I:cd1. If tluo xestoIatioa or n:pair is rot economically felm'bJe 0< auder's secu:riIy wonld be Jessened, the MIr'l_'1 Proc:ccd$ obalJ be &pp!ied to the llIIDII secured by Ihi.a Secu:rity lu.slrUlMlll, whether or DOt dIcu due, wllh the excess. Ihu}', paid to Borrower. Such MiscelJancoll5 Proceeds Jball be applied in the order provl~ for in Sectiou 2. , in the event of a total taking, desln1ctio11, at 10$$ in value of the l'mpeny. 1he Mm:ellaneous Proceeds sbaJ1 be applied to the sums _ed by this Scc:urity I"nstrumeut, whc:ther or lIOt then due, \\itb llIe_,ICony, paid to Bo_. "In the everd of a partial 1Ikin&. destm<:tiou, or 10.. iu vslue of the Pmperty In ",hich the fair marJret value of the Properly Inm..n'llcly before the potllaJ takiug, deslnlction, or 105& in vwe is equo!to or greater than !be anKltlllt of the 8IIIDS secured by Ibis Secutlty Instrument immedialeJy before the partial taking, dcstruclion, or loss lu value, unleas BOrrower 8IlIi Leuder otherwise aar= in writing, the oums cetIl<<d by this Security inatrmJJent Jba1l be reduced by !be 8IIIOUDl of the MIscellaneous Proce.ds multipliod by the following fuIctIon: (8) l!ul tOlal moun! of the :mms scc:ured itnmlldlareJy belbre the partial taking, destlUClIol1, or loss in value divided by (b) lbe fair market "aloe of lbe Property immediately before tho pattIaJ taking, dcoIrnction, or loa. in vslue. AllY balance shJlJ be paid 10 ~. In ..... ...cut of a plrtiailaklog, deattucdQn, or lOSS in val11c of the Property In which Ute fair markel value of the Property immMilllely befOre the partialloking, destrllcllon, or loss In valu. fa less than the amounl of !be 81lms secured inImcddle1y before the partial takb1&. deslIUctiou. or loss in value, unless Borrower and Leudcr olhenrise agtW in writing. the MIscellaneous Proceeds shall be applied to the Il1IIlS ~ by this Seauity liIslIUment whether or not the sums are then due. If !he Property is abandoned. by llooower, or If. sflc:r notice by l.cnd.. to Borrow"," that the Opposing Party (as de1lned in the ncxt _00) offi:rB to make an awWIo settle a claim for clmIages. BorroWet faila to JeSPond u> Lender wilhiu 30 days after lbe dlllC the notice is given, Lender is antkorizcd to collect and apply the MlscelJaneous Proueds either to xestoraDOIl or repair of the Property ur to the ~ ._red by tbis Secw:ity Inattument. whether or not then doc. 'OpposiJIg Psrty' memr the thJrd party that owca Borrower Mt.:ellaDcous Proceeda or the plllty qalnst whom Borrower bas a right of attiOll in regard 10 Miscellaneoua Proeeeda. llorrower shall be In default It any action or proceedln&. whctber civil or crimiDaJ, Is begun lb.~ in !.ender's judgment. coold result in fotfeiture of the I'mpetty or <>lh.". roatetlal impalmlent of Lcuder's inll:reSt in the Property or rigbrs onder this Security rnstnunenl. llorrower Cllll cure 8Ueh a d~t and, if.. a=lcraIion has occurred, I\Uslale u provIded In Section 19, by causing the action or ptccecding to be ~-~ ~ Form 3039 1/01 MORRIS S HN17 _-e'PAlIOOOII P~10"fl0 OK.I 756PG 1136 age 12 Of 18) . 4/12/02 6:55 PAGE 23/60 R1ghtFAX diani~se<l with a ruling that, ... Lender's judgmeDt. precludes Coxfeitute of lhe l'ropeIty or other IIllIIerW ImpaInnent of Lender'. iJIlerest in the Property or rieJlts unde\' this Sc:curity 1DItnm1ent.. The proceeds of. I8Y award or claim for d.m.get that arc atlribuable to the impairmem olLender'. intereat In the Properly are hereby llSI!gned Jnd 1IiJI11 be paid to Under. All MlsceI1l111C011S Pn:x:eodI tbat ate DOl spplied to resroratlOll or repair of the Property shIliI be spplied in the order provi.cle<l for in Section 2. U. Borrower Not .Rd.......; J'llI'beanuu:e By Lcl1der Not a Wain... Extension of the time for paywIlIlt or 1l111,!;iI."tlon of IIllOItizaIlon. of the IUIDI secuted by thIo Security IasInnncnt gnmttd by Lcoder 10 Bwrowcr or lIlY Successor lu ImcrCSl of Borrower sbIll DOt openle to teleae the liability of Borrov"ft: or any Sooceuom in Intetellt of~. LcItder llbaIl _ be re~ to OOllllMlce proceediop apinII lIlY Successor in l.tlterM of Bonower or lD rctuse to extend nmc for paJDlClll or 01hcrwlae modit}' mnorti2llion of !be IUIDS s-...J by lhiIl Security Iostrummt by IC8SOIl of any dcmmd m$de by the original 'Borrower OI my SutcelllOl1l in l4letest of Borrower. AJJy forbearance by Leuder in Cllm:i!ing I8Y right or remedy including. without limitation. Lender'a ~ of p~ froDI. third pGROIlll. lJI1Iltj.,. or Suc:teuorA in Interest ofBonowcr or in _loss Iban tbc IIDOUIlt tIIen due, .hsll Dot be a waiver of or preclude the exon:ilc of IIIl)' rlght or remody. 13. JolDt 8IId ~al LIabllity"; Co-IIpm; S-... lIJId AssIgas Bolllld. Boaowcr covenlllltl and agrees tbat JIormw.c. obIipdou and liability sba1I be joint and severaL However, my Bonower who co-aiana thIo Secudty 'imtt_ 1M does DOl Cllecula lbc NolO (a .co-llper"): (a) is eo-lipg this Secutlty IIIlIlIumcnt oaly to mortgaao, gllllll: and COlIl'ey lbe M-sIgDer'S Interest la the Property uDder lbe terms of tbl. Seourily Iiutrumont; (b) Is DOt pOlSonally obligattd \0 pay the S\IIIIS securod by lhiIl Socoril)' lnsttument; and (c) "8Ioos tbat I.ead<< lIIlI1 any ether Borrower can agree to -lid, 1OOdlfy. forbear or make ...y lICCOJIlIIllIdali<ms w1lh regard to the _ of lhIB Sewrlty lnsttnment or the Note wlllJoutlhe co-signcr's conseDt. Subject to the pI01lislm. of SectIon 18, any Suocessor in Interest of Borrower who US1IIIll:S llonower'. obliga~ under thIo Secmity Jilslrument ill writing, IUd is approved by 1..eIld.... shall obtaU1 all of Borrower'. righm and beJte.fits IlIIder 1hia SecurIty Inotzum<o>t.. Boaawer shaIIllOt be rclCllllell from Bonawcr', obligations and liability \lllder 1hia Security InItrumeD1 not.... Lender _ to such release in writing. The lXIvenaDlB and II&reemellIS of lhiIl Security Inmument shall bind (except os provided ill SCCllon 20) and benefit tbc ~Q and as. of Le:ndcr. 14. Loan Cl1aq;a. Leador msy cIlarge Bonowcr fees fur IClVices perfllIIlll!d in tomIect:lQIt with Bonower', dofiIUlt, fur lhe PUlplllo of PIOlO<:lins Lender'. interest In lb. Ptoperty ...d rig\Jtll under lid. Security fDsuuntent, lacIudi1Ig, but Dollimlbld to. attorney.' fees, t."!.":J inspectIoll md Vil!uation ft= In regard to any oilier fees. the abaence of C1(!l1*S lIUlhQd\y in 1hia . Ins_I to <:harllO a ap<<:iflc fee lD Borrower sbIll DOt' be COIlSlI11cd as a probibitiOll 0Il1b_ rf1arsJnB of well fee. .I..ender may Dot charge foe.. that .... oxpceWy ~bllcd by this SIlCllrlty Iostrummt or by Applicable Law. If Ib_ Loan Is subject \0 a law WbIel1 .... Tnniml,,,, losn elISfB.... and lhsllaw Is fbWIy inlerprcled 10 dull the wOIellt or other I".." clwgea coIIeeIed or to be coIII:clcd in CODDOction with III. Loan t:lCI:<<d tbt pcrmillcd limits, then: (a) any .uch loan dlaQIe shall be rednccd by lbe amolllJt n......ary 10 reduce the chatS- to lb. pencilled limit; and (b) any sums alteady ellllected from Borrowerwhic:b _eeded permitted limits Will 116 tei\mdeclto Bmrower. Lender msy choose to malec tbi. reftmd by redltcing the principal owed under Ibe Note or by making a direct payment to Borrower. If a refund reduces prl.acIpaI. the reduction will be ~ as .. paII:ial prepayment wlthout illY pIepaymeol dJsrgo (1IVbClbcr or DOt a prepayment chsrge Is pm~ for under tile Note). Ilorrower', aC<:ep1a1lA:C of any sneb refund made: by direct payment to Borrower will con.st.l1\llC .. waiver of any right of action BoJIOWer might have ariling out of ,neb overc:lua:gc. is. Notlces. AU JlOliccs given by Borrower or Lender in <:otll1CCtion with this Scl:ority IDillIUlIlOIll must be in wrIlIng. Atty not:icc to Borrower inCOllJltlCtlon wilb this Sceurily fmtr:wncnt "'all be deemed to MORRIS S HN17 .gt: ....... CIlllL.eIPAII_" ....." "'0 Fonn 3039 1101 BK'1756PG 1139 age 13 uf 18) . . 4/12/02 6:55 PAGE 24/60 RightFAX . . . have becIl aiven ro Ilotrowcr when maUed by filllt cIass maD qr w~c:n .ICIDally delivctcd 10 Borrower's MUte \llIdIesa if Sf:IIt by OIhtr means. Notice 10 any IlIIc Bonuwcr shall COIlSliluto notice 10 all Bonowers unless Applicable Law eXpressly Iequires otherwise. The nolil:e addros. shaII be lbe Property Addtess 1IIIIer. 1!0~.. bas dooignated a SIlbolilUte notice address by JIOliI:e 10 Lender. Botl'llwer shell promplly notify Lender of Bonower's chango of address. If LcDdcr apecifi.. "proccduro for ropo11!ug Bot11)"jfo['. chango of address, ~ Jlom)..... shall OIlly JepOrt a cbange of adilte$a through lbal apecilied procedure. There may be only Olle dcsiguated lIOtil:o sddl:2ss WIder ibis Secnrity Insrmmcnr at any one limo. Any notice to Lender shaII be given by deliverllI3 it 01" by mai1iDg it by finl c1aso mail to Lemler's addmla sIatcd herein \lDless lender bas cbicrWed anolha" address by DOlIee to Borrow.... Any IIOtice III c:mmecIioo with Ibis Sec1ad~ hlatRmonl. shaIl1l<lt be deemed to have "= &tv... 10 Leader UDlllllClnally received by Lender. If any JIOli<:e required by this S<<urity 1\tstrumcnt is elso required under Applicable Law, Ibe Applicoble Law req~ will aalisfy tho COtrCllpOndiug requiff.ment 1IIldet tbls SlCIIrity In$trWIIellI. 16. GofCrDing Law; SeveralJlIlly; RuIa of Coastmdicm.. This S=xity Iuattumoot shall be governed by fedem law awllhe law of the jwftdlctlon In which. tho Property 1$ loc:aIed. AU rlgbta awl ob1igatioua colllaincd in thls Security Iuatrument llt(l aubject to any n:quln:mmta and limitationa of AppUcable Law. Applicable Law mipt explicitly or impUcidy allow tho parties to agr... by eDlltr1lCI or it might be sIIenr. !nit auc:h 8ileI!c:. shall not be constxucd .. a problbitlon agalDst og<ocmeIll by contraor.. III the ovCllt that illY prorisloa or dauso or ibis Secntlt)' Insttimu:nl qr tho Note oontUcta wilb Applicable Law, sw:h conflict shall nol affect other provl8lons of thls Security Iaatromcnt or tho Note which ClIll be given e1fecl without the contlictlDg provisioll. As med in tbis Se<mrity Instrumeot: Cs) wonls of tho masculine gendez shall mean awl iDl:lude ~;'IJlll<lller wonls or wotd4 o1th. feminine geode<; (b) woo\& in the aiDguJar shaU_ awl include die plural and vice veru; and Ce) the word 'may' gives sole discredon wilhoullllly oblisation 10 take any .oIion. 17. DOl.. un.. ", Copy. Borrower WI1 be BiVen one copy of the Note and of this SeeurlIy lJlsUumeal. 18. Transr... of tile Property or B Beneftdal JDtmost In Borrower. As used In lbiG Sectlon lB, "lnten:ot In the Propcny' ",..", any legal or beodiciallmweat ill tho Property, including, but IlOt limited to. thoee beneficial interests transfmn!d In a bond for deed, contnIA:t for deed. i.....I......( ss!es COIIltIIcl qr escrow ~ tho lnt.:ot of whlcb i. the lmlIfer of tIlIe by Ilom>wer at "future dire to a purchas.... If all .,.. any part of the Propeny or any 1m_I In lbe Property I. sold or: tranafemd (at If Sonower is "lit a wlllmll pOlllOn and a benctlclal. ~ In Borrower 1$ sold Or tIanSfcned) wllbont Lender's prior written COO8ent. Lender may KlIuire immedi8le payment in full of ill S1IJIl$ secwed by lbiG Security IIlSttUtDllDl. However, lbiG option tItsI1 not be eMWaed by Lender If such ClltcwlBe is proIn'blted by Applicable law . If Lender cxcrclses thls option, Lender WI1 give Bonower notice of 1IlXeleratioo. The notice shell ptovid. a period 01 not Ie.. 1bsII 30 da,ys from tlJe elate the notice is glveIlin accoIdsnoo with Section 15 within wIdcb Bom>wer must pay all ...... secUl"Od by tbl:J Security JJutrumcot. If Borrower faiIa to pay these SlllIlS prior 10 the expiration of thls perlod, Leader may invoke any remedie$ ptzmitted by this Security 1nstnuncnt wltbouc futtbet notice or demand on Bonower. 19. Borrower's RIghI to ReiJl$lale After AueleratlOJL 11 Borrower meets cer1aio condi!lons, llonowcr llball Il1lve tho right to have enforcement of this Scl:urity JnstrumeIlt disl:ontinued at any lime prior to lb. eamesl of: <a) five ela,. befoI1l .ale of the Property pnmuanl to any power of sale ...._i""" In'' this Securlry InsttumeQt; (P) such olller period Il$ Applkabl. Law might &pecIty for Ibo ,....mn.mQU of Borrower's t1g111 to ~ or (c) entry of a juc!l\1UeOll cufoldDg _ Secnrity lnstmolenl. Those co.ndlllODS me /bal Bonnwa: (I) pay. Lender all soma whicb tho>! would be due under thla SecurIty In.sInnnent sod th. Note as If JlD actelCl1lllOll had occurred; (b) wres any deWalt of any other covczumta or MORRIS S HN17 ~-6IPA' ol'.", P.Ua'le "'-~ F"",,3039 '1ll"I. BK 1756PG 1140 age 14 of 18) , '. 4/12/02 6:55 PAGE 25/60 RightFAX , . .g.eeou:nts; (c) pII;1$ all ~ lm:umd in cnllJrcing this Security fnSln1Dlalt. illcIudlng. but not limited to, 1t800llBble 1IIklIDcyB' fees. pn>pcrIY inspect!oll and valuation fees, and 0Ibtr fees incurred fur the purpose of JlIOlcdIns Lender's iulelesl in lJIe Propert.y and righla wder IIIiB Securlll' fnstrument; and (d) tokes SlJI:h al:Iion as Lend<< may IelI3OlI3bly requhe to assure Ihat Lender', Inlert81 in the Property and rights under this Seror!ty lnslroJnenl. and Borco~""$ obligation to pay the $\JIJIS see"",, by lhl. Security Insttummt, lha\l cootlnUe 1lI1ChaDged. LeIIdet llIAy requlre lhat Boaower PIlY such relnatatemellt soms and expenses in 01lC <II mote 01 tbe followlag forms, as seleeled by Leader: (a) cash; (b) money oilier; (c) cerIified ~ bd: check. lltallOnr'. c:heck or casbler's cM:k, pmW1ed any RUCb cbeclc Is dmm npon an,iDstItotkm wl1_ depoIlts are ~ by a fedeaI agency, iJI.stnuDI:nlaIit;y or llDlit;y; or (d) EIeclronic Fw1\Ia TrlJltfec. Upon 1dllslalClllCtlt by BDIlOWCt. this SecurllY Jnatnunent and obligatloos secumI hcn:by sbaII RDJ&In fW1y etrecd.~. as if 110 weIcmlion Iwl occut<ed. However, lhia right to rciDMaIe sha1I not apply in the caoe of lICOOI.enIion nndet SetllOlllS. 20. Sele of Note; CJum&C..r Loan &lrviccr; Notice of Grl6vaace. The Noll: or a partial iolelCSt in the Note (together with this Se<mlll' Il\sUumeDl:) C8II be sold OIle or more limes without prior IIOtice to Ilotrower. A sale might resole In a cbange in the entity (bown as Ibe "LoJu1 Slln'Icer") that coIte<:tl PerIodIc Paym<lllS due lIIlder tht; N<lIe and Ihis Sewrlty lnsllUlDenl and perfumIs nlber dlOtlillll" loan oervIclng obligations nndcr the Note, this Security fn_. and Applicable lAw. 'J"hen: also might be one or IIIOIC clumg.. of the Loan SeMcer 1IlIRlJled to a sale of the Note. If II1ere II a clumgc of the Loan SetVicer. Borro_ will be given written notice of the cbllnie which will stale tbe IIatlIO and address of the ~ Loan Servicer. the address (0 whkh payments sbOllld be """'0 and ""y l>thor IafoDllOliOll R1lSPA requitea in cOJlDOCllan with a notice of IxlImfer of letVlclng. If Ihe Noll: is sold and thcxeafter the Loan is BOr'Iiccd by a Loan SctVi(:Cf other !ban the ~ of 1M Note, tIIo tIlOrtpgllloan servicing obligations to Bomlwer wilt teIIlaIll. with the Loan Servicer at be 1J:a1I$feltCd to a lU=or Loan St:m.:cr and lltC not 8IIumed by lIle Note purcIlaserunIeu otherwise provided by "'" NotepurdlJser. Neither Borrower nor f,ender may coDllllellCe. join, or be joined to any judlclAl action (oo either an individwd liligant or "'" zw:mber of a class) 1haI arlses from "'" othl:r party', actions pmsuant U> this Security InsIrnmeIlt or that aIIegos thaI lbe odler party Iuls brelIcI1ed any prO'lisiotl. of. or any duty owed by _11 of, this Sec:\lrtl)' bJBuumeDl, 11IIIII such Bolt'OWer or Lender has nolified the ot1\er; party (with such OOItre gi~'" In COll.1p.lilluce with \he ~ of Scclion IS) of IIUCb. alleged bR8Ch IIIld afforded lb. ot!Ier patty bereto a _able period after the gMag of auch II<Ilic<I to tIkc c:onecIive aet!0\\. If Appllcablo Law provides a tlIlIO pedod wblcb IIIIl&l elapeo before certain ..dOlI can be taken. that lime pedod wiu be t!eemed to be """"nsbl. for PUlpD8eS of this pIIl'I&rlIpb. The notice of aa:eleration and oppottlDl!ty to .".., gWe:n 10 IIorrowl:r pIlISWIIll U> Sectlon 22 and lbe notice of acceleration gi~en (0 Borrower pumI3llI to Section 18 shall be deemed to satisfy the noticll and oppotlUIIity to take c:ortective aotIon pIOVlalona oflhis Section 20. 21. Balll\rdous SIlbstances. As llSCd in thla ScclIon 21: (I) "Hazardous Subslanc:es' .... those mbsl8llCCl detImd as toxic or bazardollll substances. pollutants, or _ by Bnvlronmc:ntal Law &lid the following lIUb8laDCe5' gasoline, kenl6CDC. oilier BatllIIlabIe or toxic pettotcom prodUCl3. toxic pe.tici(!es and herbicides. volali1. SOt~OI1t11. materiak conWt>ing asbestDll ot fomlaJd8yde, and radioacllve matetWJ; (b) "BIlvltollJllClll8l Law" IIlC8I!I federallawslllld laws at the juriJdlction where the Property is located 1haI relata Ul b.eaIth, safety or envitonmenta\ p_lion; (c) "!lnvInmmental Clesm1p" includes any n:spDn.. aclIon. remedial action. or rCIllll~o.1 action. u defined in I!I1vlronnle1ltal Law; and (d) an "Bnvimmllenlal COIld1tlon" _ a condition thaI can ...... t:D1>Inoolc 10, or othcrwlse irlgger an Envlronmenlal CJeanup. MORRIS S HII17 ~~ FG".. 3039 1101 __UIPAI....ot ""30118 BK1756PGll4~ age 15 of 1B} 4/12/02 6:55 PAGE 26/60 RightFAX ;, "-. Borrower sha11 DOt cause or permit the presence. use, disposal. sto~ 0<" release of llIIY Hazardous Sub$l_, or 1Itt_ 10 release lIIIY HlI2IIllous Substances. on or In the PropelIy. BolTOWllf shall DOt do, nor allow anyono else to do, aoythiJlg aftecl!ag the Properw (a) !bat Is In vioIatfon of 811}' EDviroamattal Law, (b) whiA:h en:ates an Bavl,.,........1 CoudltIon. or (e) Which, due to Ibe pn:seocc. _, or reJt;ase of a Hazamolls Substaui:e, _ a condition I1ulI advmely affi:cts the value of the Property. The prect.dlng two senlI:IIl:es sIIalI lIOt apply to ~ ptW:I\cc, use. or $lOrage 00 the Ptopedy of lloIIIIl quanliliea of HII2IIllou8 Sub_ lbal 1M ~ recognized. In be apptQpriate In nonnal residmtla1 uses llIld to OlIiDtcoancc of the l'Iopcrty (inc:IudiQg. but not IImIrlld 10, baZIrdoua aubalal1ct4 in _ products). Borrower sha11 prompIIy give Lend<!( written DOtice of (a) 811}' lnve&li8a1iw1. cIalm, demand, lawSUiI or other aclioJl by 8IIY IOV....mentol or reguIatDIy apcy or private party lnvolving the l'n>pcrty and llIIY Ha""tdous SI1bshm<c or ~ Law of which JIQaower bas aCllllll kDowkdge, (b) llIIY Bu.vIrDlllMmal Cowlil!cm, IDeIudIDs bul not 1lmk000lO, any spilliDg, lca!dng. dbdtatgc. n:1_ or tlu:car of release of any llaDrcIowI Subslallce, BOd (e) my eomdition CI.lI$ed by tho pmence. use or reloue of a Haurlloas Substanc:e wbleb advOQdy at1'ecls lite 1'aIue of lbe Property. (f Barrow.:r Ieoms, or is notilied by llIIY goYmllllllDlAl or re&:u18!AltY aulbority. or any prl_ party. that any removal or Dlherll!l>lediatlon of any IJazardoul SubsIaIICC affcc:tiaJ lbo Propclty ;, 1U:CCSJIlIJI. Jlorrower shall promptly take alIlIOI:l:WIJ' remedial acli0D8 in accordance with &virolUllClllld Law. Nolbing herein shall create llIIY o1lIipli"" Oll Lendct for an BuvinmmcDtal Oeamrp. NON-UNIFORM COVBNAN1'S. BODOWer and ~ 1llrthcr COVClllllll and agree as follows: n. A.ewlu aUon; Remedies. Lend<< sball give notice to Borrower pri.... to IICcel.....don following Borrower's In'eIdl of eny COYCIIIIJI1 .... ~eut In Ibis Seeurily lDsaumeut (but bOt prior 10 a.ceeI""atillll llDclor SecIlIlll 18 1lll1ess Applicable Law provld<s o~. Lender shaU lJotuy Borrower of, 8IIIOIlg other thiap: (a.) the defaub; (II) the acti(IIJ required to CIII"B llie dd'a.u1t; (c) ",boo the defalllt JIIlI8t be CIII"lld; ad (d) that failure to cure Ihe default all spee\fled may rat In aa:elontkm of the S1IIIIS secured lIy this Semrity IDoIr1m1ent, foreclomre by Judiclol proceedlaa IIDd sale of Ibe Proporty. Lader dulIll'urtbcr Worm Borrower of the right to reiDstate aft... .......eratI... and the right to _t In the foreclOllll'o proceecIiag Ibe lJoa-exlstcnce of a default or 8lJY olber dd'...... of Ilon'mftr to ac<eIeratiotJ and foreeto.ure. U tbe defalllt III 110t cund as apecIfted, Lender at lis Opli01l may req1Jire '-nediate payment In full at 011 aums secund by this &curity lnIltrument wilbo1d ~ demand 8lId may foreclose tbIs Semrlty lDstrument by jl1dlclal prol'Ee'l'''I. Lencler sholl be eIItitlod to ""Beet 011 4lIpOIlAS Inwrred iJI purwtoll the nmedlell pronckd 10 thi5 Scctlon n. including, but 1I0t limited to, attontey.. foes ud <06te of title evideDce to !he rsflOlt permitted by Ap~Law. 23. ReJeoae. Upoa pqmeDt of ell _ ......wI by tbb SecIItIty ~, thU Securlty ~ ond the estate _veycd iha11 termillate aod become void. After .och occ:ummc:e. Leader ~I diJchlille and nlisty \hllI ~ 1ns1:IIlaltoIt. Borrower &bal1 pay any recoldatioa c:osts. Lender may cbatlle Borrowcc a fee mr releaamg this Security :lDIttument. but oJllY if the fee is pllid to a Ibird party fat lervice. rcadmd _ the charging of \he Ceo II penni1led uader Applk:ab1e Law. 24. Wal....... BOIJIlWllr, ID lbe extant ~ed by Applicable Law. waiv,," and releasesllllY error or def<cta In procecdiJlllllO CIIforcc Ibis Secunty btstlUlllel\t, aod heteby waiv.. the bene!it of :my P(e.!_ OJ-' tb.rore laws providing fur Jtay of ~tiOll, extension of time, _uon from attaebnlent, levy aod .aIe, and bo.-lead exemption. . 25. lteiJJstatl9lleot Pel'Iod. Borrower's time 10 reinotale provided In SectlWl19 .hall extend to one hoor prior ID the c:omn>"".......... of biddlnll at a sheriff's sale or other .ale pursuant to thI$ Security hutrumeut. 16, l'archaR Mcmcy Mortgage. If any of \be debl seemed by this Security Instnunent is lent 10 Borrower 10 acquire title TO lI1e Property, Ibia SIlCIlrlIy Inatrouleu.t shall be a pun:baoe I1lOllCJ' mo~. 27. Interest Rate After .Tudgnumt. Ilorrowcr ~ thallbe inten!St me payable after a . t is entered 011 tho Note or /a an action of mortgage foreclosure shall be Ibe me payable from to time wtderlhe Note. . MORRIS S HNl7 ~ ..... _.SfPA)1OOQ8l hQel"MII1 Forma039 1101 OK 1756PG I t~Z age 16 ~f 1~) , . 4/12/02 6:55 PAGE 27/60 RightFAX . . BY SIGNINO BELOW. Bortl)Wer w:tcpls and agrees to the terms and coVtllants contaiDed in this Seewily Imtrumeot IIId in any Rider executed by BOlIOwer and recorded with it. WllIleSSllS: (Seal) -BDmlwor __(S"') ..sorrowcr (Seal) .Bonowcr MORRIS S HN17 ,elM) 10_ BKI756PG 1143 ~a~~eal) &(OTT A. MORRIS -llo...- (Seol) -1I0n0war (Seal) ..Botrowa- (Soal) -lIol1tl9t'tl" (Seal) ..eonv- PaQa Ui. of 1& Form 3039 1/01 age 17 t;f 18) ~112102 6:55 PAGE 28160 RightFAX '" . . CortiIIUI'e of JleoIdtnce 1. lbe _ a:kbe:Is of the wlthln-ntlDlOd Mortgagee Is otI 45202 WllDess my band ibis . do heteby certify Ihat I E Fourth St mail 1980, Cincinnati, day of , ,\gem ofMOII...eee COMMONWEALTH OF PENNSYLVANIA, aUfl46e~/INO On this. the 131:4 day of /lfl.. t.., 1.f}f)'2.. llDd"lIIgII(!d o~. pettODaIly appeared SCOlT A, MORRIS ..... ....... . /~.. > ...~-:-~~~~~:':~,,::.-: .......\ . ,': .~~-:-' -~...-;"-' . '\l" .' .".. known. to me (or "..' ,,:..;:~:":I' : \ i"- .j. ~ .,.-Y' .. "'~'~" "/' i<'/ .~~fil:lO!jl.>;;'PfO.Y-en) \0 be the pe:rson(s) whole J1IDle(.) Is/are IUbscn"bed to the .Wilhl1llnstnimcnt ami ;;'" -f,"'''- .M ....._"--wle.G;M tlml.b......""a' -......... the -furth.pwpo...herebl---~'" '_~'-I.I~~if' .....#...~ lf~-:. ClllUM'i1U-W'.1~UWU -- ~. .....y ft':.' ...lo>,-,,'_""Y:\~' - . , ,~~., -({I:u . ..I+~ , , ,.(~~\_ "~' ",,(;~~!.~itj; l!SS WHllRllOP, I hetewIto set my hand and official.eo!. 'fit,,-':>r-- .~' .'.i(M"'('~I"lon "-i..... ., .. . _ ~_. .~. ..',~ :;~7" ~l"". . .....;~,' ,t. ':i~~" ~"',/' "\; :.:It..,,;?, ~> . ," .{i l' . COWIty ..: , bcl'ore me. the !lOTAH/Al SEA;, 5Ei!.'L\OETTE Il. HfFffin.VOfR NOTAlIY pua'!C YM~ClIANICSaUR8, CUUBERWID CO., r.\ . U COYIIl8$(ON WIRES ItOVEIIBEII 14, f003 4S!2-B/PAI_SI .. _'6m,8 _..~~ ~- n."" 3039 1/01 MORRIS S HN17 BIO 75GPG 1144 age 18 t1f 18} .f4:f; 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 05/04/1994 AND RECORDED 05/19/1994, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 105 AND PAGE 697 AND. ADDRESS: 42 COLUMBIA RD.; ENOLA, PA 17025 TAX MAP OR PARCEL ID NO.: 09-13-1002-289 '-- BKI75GPGI145 I Certify this to be recorded In Cumberl,mrl ron.._,- "". EXHIBIT At . . Feb 09 OS OB:Slp REBEKAH ADAMS (S70IS84-3784 p.26 .~~Z111,\ \'\~ Record" R.e0U'll.. co: Courruywide RQmCl I...ous,lDc. 1800 T"", ConyotlRo'" SV-79C SiPU VI1!eY CA. ~30.3 _I IDI~~'/;07:l.~GiN ASSIGNMENT of RTGAGE/DEED OF TRUST This TtlosfDt aDd Aseiaumeut it made this 13 BAN\(. who&c acI<Iml iI One!!. ioun!> Sir.... the laM oC the State of Whof. ~ 'a corpomioa orlllDizcd and cv.dnS UDder <<be ""'~~1. - Por and ill coDsilSmdoll ofdlo ,\,1m of on, dolI" S .00) and oth<<.ood aa.d. valulblc COJaiderauou. tM RIOeipt.aad l~iCDC)' of which are hcnlby IckDowledged. cnot heteby tnalf'en IlDd .sip 111\'0 AAllian= it5 iaterest in ..ad to 1hat Cl:rtUa ~rtglI*c. Deed oCTnast, or l.lrity D_d (tho "Moaaalo") whJc:b is marc ftillr deKn1Kd ... (01l0W$: ...fColJnlrywld8 tiaIM Loana.lnc. ;BQOTopo~- S1m1 V_, CA 113D63 1 of Septambo<. 2002 by 0lId belWec1l 11IE PlUlVtt>llNT . cima.ri, 01145202, . ocnporadon ar.Wzcd aDd: cxistU1a under (herein roft:tted to u .. AJlig:1orh) md addnll i5 _ or the: State of ,116M" t't')(. (bereiDaftar rder'nd to .IS (:3 "" =.., "< r: ~ >',- ~,~,:,,: ~ C">c:;;-.~, ~ Q: '"t"" Together with the riu:hts of AMipor under rhO' nore.. any IUld an 10aD agroe:rneD.bl,leCUrity ~ ~;.:; III oIbct dowmeDtJ exccukld ia coo..jUQClion wilh 10m Cru\A(tiou lachldiD& the iadcbttdneu. wi~ ~ ",~cd by tbe Noto and.scc:urod by tho Mortp c eyiug tM ptapcrty and all ri,ghts, privUep ~~ f::7 ~ orAJli,oorin,tr.J. ocundcr tbc Note an4 the Mo c.. .' (.~ MORTGAGER(6): PlUNClPAL AMOUNT: DATI! OF EXECI1J10N LEGAL DESCRIl'TION: PARCEL lDENTIFICATION #: Of DATE OF RECORDING: ~- llooK: \I MICROFICHE or INSTRUMENT #: COUN1Y:t:u. -ill"';!' -.;u''f -d<l... PAGE: II -;L q STATI!: \' A IN WITNESS WHEREOF. "";po, bot ",,,,,4 .-ad hu cauled ifll cwpcnltc seal 10 he afBxcd ~~!f!!lI~ u"... II AS':iiiOOr" IlY:~. .~ Printc : JIDnOI H n ]ts.; Vico President STA TB OF Obio COUNTY OF Hamil... The !otqoiq: ilwNmcll.t WU ICbowlodpd be J&mcI R)'IOa. iu Vice Prllidcni on bcha1t of pI'lOdl.lc'td uufactQfy tMdcaee to be 1b. penQD(5) I HEREBV CERTIFY THAT THE PRECISE ADDRESS OF THE WITHIN NAMED ASSIGNEE 1$: IS00TAPO CANYON RD. 511'.11 VAlLEY. CA 93053 ~J.' )~' My cQmminion expinl: .rncccl" 600K , . EXHIBIT A2 Feb 09 05 08:52p REBEKAH ADAMS p.28 (;'7 ~ ~ . An<<rllJrllt ..__* PUIl1t.IIIN AND...."'tl.JIIIN _1.wo,o.~O JH _........18t08-11l1<l co Branch/Source Code ala a ror value received, the CANYON ROAD, SIMI VALLEY Ali l~S ln~eres un er SCOTT A. MORRIS. Mortgag on 4/23/02 County Recorder's Office Tax Parcel - 6'1 -,., Original Mortgage 535.00 42 COLUMBIA ROAD. ENOLA. ~~"""'Y .....1OQ1lr ........... Together w1th the Note 0 due and to become du th accrue und said Mo ga wi tin i gne is Dated: 11/13/2003 State of California County of Ventura On 11/13/200~ before me. . ASSISTANT SECRETAR~ . me (or proved to me on (s) whose name(s) is/ar to me that he/she/they capacity(ies). and that person(s). or the entit instrument. Witness my (5701584-3784 ROBERT p, ~IEGLEI't iiF.CORDER OF DEEOS 'II)::RLANO COONH - P;. ')3 DEe 17 Al'lll % ORATION ASSIGNMENT OF MORTGAGE 1 Doc. 10# 002021B0722005N Commitment# 9901235 ders1gned, COUNTRYWIDE HOME LOANS, INC. , 1800 TAPO A 93063, hereby grants. assigns and transfers to: 8ltI, It TN_ cer arn-ROrtgage aatea 4Jl~JU~. executed by: as per MDRTGAGE recorded as Instrument No. 800k 1756 Page 1129 of official records in the f CUMBERLAND County. PENNSYLVANIA. -Hi ........ .F' OoJk"t L. .'to - ~"'i 1'''''.Sl\....., ., w 00 - --. A 17025 ..ri='~ ",.,,-.. .....s ~fo""",<-I). y ---;-....,....00'1 ",,-/""1-'). """'~ 1Q't") P-", ?J') Notes therein described or referred to. the money eon with interest. .nd .,1 rights accrued or to . "I hereby c~l that the p~ecise address of the ." ~""tll: -,. n... ~1T1'no~ U TRYWIDE HOME LOANS. INC. r 8 ~l~Kt:.III:RY . NGELES MEDINA, personally appeared EDWARD GEROVIAN ~rur-ROME LOANS. INC. . personally known to basis of satisfactory ev1dence) to be the person ubscribed to the within instrument and acknowledged cuted the same in his/her/their duly authorized his/her/their signature(s) on the instrument the pon beh.1f of which the perSons acted. executed the d and official seal. ~.-_----------- lt2a=~ I ~ """'twa County f - - - ~~~~.~ Signature: Prepared by, ERIKA TORR 1800 TAPO CANYON ROAD. SIMI VALLEY CA 93063 Phone#: (805) 577-47S7 -lge xt: 4787 G'}K -1....1';.-1> *' Il~f')'l.'f \\,,\:I.)I..\:\<A e:J:J~ 04 P1.,r4053 , . Feb OS 05 08:52p REBEKAH ADAMS p.2S ( f ,r. t i ~. , .. . ALL :l'IUI.-r ,in _1:: P....nc Pe.,n..yLviUlJ.a, BBGJ:MtfX Ool._.1.. ~ 00tU>"'"*u..;r ...,1 a~. Col._I.... part:J,UOJl .....1 30 ...cond.. tf 02 clcgr.-es.20 p01n't; t::Jlane. Ea..t:: :1.37.034 Cal.......b:la aoaa in an arc lI.v pcdnt, tbe p1 HAvntG lCn<>wn as 42 (5701584-3784 , " . ~ .. . .-' --,. .~. ,,' ............ 'l'AXH 1'1._ ~ parcel. at! 1.qd. sitloa't:e ra ~b.ip,. CWDberJ.anc1 County, lUld.II' and Cleaar.tbed ..... J!aJ.J.owa, to .,1b: ...t ... point on the. soutbern l.J.ne at' OO.3,8~ t'_t 1:0 .. poinl: o~ CU:1:""\18 1;1ne or .Encl.. ll.olla 'li'ith tn. ..outh Lin. d; thane.. thra0a9h the Center or a and ~d aO...t:h 30 d~._ 1" a;i.n...tes 13G.594O .r....t: 1:0 . point:, tn..nQ. llIarth nutAS 10 ..cand.. W4&l: 21-.2 ~..t to a 37' 4"'9"'... :iil3 _J.nu"1;.... 3:1. ..eaancSs , _t to . point:. on th.. s.;>..th....n 3.1,.... or . t:h._ _.t....rd1.y, ..10'n9 C01....b;i. ~...d g .. ra44.u.. o.r 574.,1>:5, 2S.7BOl :e....t t:o .. . at' 8J!lli:t1fIl%MG. ~H BRECTED a two S'tory :Cra_ dw..111nq _:l.a RO.d, EnoL.. .....~__w~". _ ___"__.._ ,_........_ .._.___........ " _,. BOOK ..- "-''''~-'' ;.-..-_._.,......~. , --.... " ) .' . .-~.. ,/j ,.., .-1.. ~'. . 'r .. , ".. 'r l' ;. '. 1 ",t;' t,., hi? .,.. .... ~..- L " ,.~:I ;.1" ~. t;.: -'- .........~'., -......... .' Recorder of Deeds .1 PA~f 4054 , ' EXHIBIT A3 ~JR ~ . . RKMlllnd RMum to: Safllguerd Properliea, Incl. ErIc S. SoIowl\dI, TIlle DinIclOt 650 safeguerd Phza IltOOIdyn tW.b1, Ohio 44131 -\" G\.t.R , '.::.:'..\';',~~~"cEDS . :-..., . ". ur \J~ . I ,.,;,:j';"\ l'oul\1""{. r ,', :. ....., \~~C \.I , ..... "\'\i~ n ?,1 .....07') \ n~\\\ .- ~AbowUnel'or~ uttan lIlM No. 11.10472lI ~L<*I No: :!OZ1l1072 0riginII LoM AtrrOtd:.I35.000.00 I.DNI J//ODfFIf"'1T1ON OF MOIlRMGE AGREEItBIT TIllsl.flIll\MoI\IIIclIIIIalI NlrBlII1lWII('~-ll"). mldelhlt~dlIyDf.~. 2ClO4. be\W.... ~l~ ...n.....ofNllwYOIlt,MTlu8*. ("\.endIII'l.-.elflbl ~1) ....~_ l".o.tdolTnlltorPMcl"~~..~~~= MCl ,-",,"UIIIoall JlII......uat.of Ille 0IlI . .....,. IlII1 (' . ~__,'" (2) the Holt '*'i1ll tlIe _ ddI-. _ ~ bJ. the S4lcuIly \llSlNmenI. wtllClI_ ....... .... ptl8OI. flI'GPt'IV cNttC ,. ,I In ... 8tcI.I'tlJ IlIsIrwntnlIlld dMI.. hreiII..Ihe"PI~ IOC8NId II 42COW_ROAD ENOLA. PENN8'tLVANIA 17021 (Pl~ AdcIo III) The ...1 property dl nrtbed beIn\llllll fcIIh I. rollowe: ...,..... 1:. J 1. 111. J\d"I~ dI.. ...... MId MIl.... PIrt ...., 8r RlA...lIlI In DQIl ,. dad al tlIe ~ ~..Iee& Il\d ~ ....:lMlllQlll. !he pen;.. hereto 8Il""' as faIIowa ~ In,lIlInO to'" __CO'....4111 the"'* or 8tCIunIy InQmlellt): 1, M of~" 1. 2GOC Itlt ___ pIIYIIbII undIr lII8 NoIe Illd tIl8 Secu1ly InsIrumenl (!he '\JnplIIcI M~ IllIIlIIlCI") II u.s....: - ..........lCl olllt--.a) IomerSto lhe a..o..eI"'''' Lender Md ~.... ~'r""'II1O Z' '"" 8amI_Il/1lIfL rt to per lit ~ ~"1IIIIncI, _ trMMlIt l<I the OIW ollhe lander. InlilIMIl will bo chqecI on... ~ l'mclpallll till ....... inIenIaI rm(Whk:h wlII c:IllInQe 11 ...... ~~) .....,....,~ ofPlbllpll Md InIerIat In u.s. cIoka(1)Id') In acccwdanc:e oMII\ the ~ lo:tIedlA MOHl'HLy Pel PAYMENt" ~ '""'t-.. ~... MI ~ S ~ . MON1'lt.Y PAYU'-NTS WILl. REMAII'/ FlXEDAT ~ FROM--- FOR THI! REMAlMNG TERM OF 1"HIi I.ONf. 1"'....-... CHAH2 MTE -- 1N1...~rRAn: PAYMENT OUE ~n; &OOX 706 PACE 4324 ,. If 011-' t. 2IIl1 ('MaIIldIt DllIe"), IM~'" _ amounla..... tI>A -- llnd ~ IIIIllUlIlenl. _ .m~ by lhll ~ 1M 8/JrIDwel'wIIl Jl8Y lIMe _(lis In l\JIl on 1he r.lilt~ DIlt8 The ean-wil..-1Ultl ~....ta at 4828 Loop CoInlIlI DIIVe HO\IldOl\ T_17ll81 or -' !IUCII aIhet P'- . the Lender !My ""I'J'" 3. ffll or lily pcWl 01 tile f'I!cperIyGt ..1nIInII1n lis IOIcI or .........M (or fa belllllidllllnterest In the 1lol_llIl1lld or IrallWmMln the eo..~ II rlClIII.......... petBOIl) wIthouIlhel.encler's PI1<< _ _III, the .....rmy. lib "flIICn, ........".m In U 01.. runs secwecll'l' tIlIa ~ tnIINrnInl. If the IMIdIr _:I-. "" oplion,lhI.... eIlIII gIlM IhlI aan- nollce ol .......llll..n. 'l11lS nolICe ... pI'DVIde. peIIad alllGt.. ..... *'. 6enIh dAta \lie noIIae Is Ilel\'fIl'll4 or mIIlM wIIIlln -..tll<:h lhe 1lOl..II.IIII11U1l"., II ... ....... by" 8Ic:urily ---. ItIIe 1IortoMr,.... to.., __ __ plor 10 the ~_. or.... pIIIOCI, "'lMldwrn<<t~ anyrwned'u penlIIbd lly 4hIa ~ Instnan.It wltI9uIlurtlwnlllicot Gtdlt1lMCl 011" BomlWII. 4. 'the ~ 11Io will ~ wlIIt II olhIr _..1IIlII. "Ill....,.enla lInd ,.qulremenll 0/ IhlI SecurIl)' '""'-It. "ducIna wIIIOUllnlll I ." 80_111'. COl.__'" In! ~......_... to ~ all ~~ ..,.....'-'_ ~ rn_A.. IIClWllnI, 1~.1nd" OlhIr~'IlIlIIiItflle lIaJ.~ . II O*'-' to..................., ~ hcflJl"... ... tclllO.lng IermIlIl'Id pnwlIiclns .,..1otrIvw CIl' 1 r d. nulIlInCI WlCI. .. ollhe dlM ~ III p11I"11011P11 1llI. 1 iMIOvor. (0) ...... n Po.......... Of Iht NaIl n 8ecutr "--\I (if ~ prcMdIng Icr~dint or reIIIlnt t>. llI'rf o:fIIf\8B or ~ In ... nlIl 0/ Inlerett P8Y11lIe under 1M Nota: and (II) I8I1m11 N ~ oIll1r let II tf ... rldIr or \lIIlII' InIIn-.J or llQamlnIlhIlla IftItcl Ill. wIlolIl' or JIII'M1 rn....pu,olIId IntII or ill PIIt at, Iht NoI8 or Ilecullty I~ _ltllt ~ ..., 1UIfI....1Ild pIC..... _ __......10 In (II) aIlOwe. S. Nonlgln \hl!1~ 8hIII tMull\ll4lr"mm oroonllrUeOto be . utilI......... or,....", \I\tlclaGtIn ... af\lle NolllIId lleUIIy ~ e.:.,t...... II. ~i provtdod In lhiI AQ.....llllll, IIla HIlllIllnd ~ ~ wIll'flnllllllll\ChlrJ'lll, .... lie a..._<< lIllCI LendIr will be bound by ...., c:ontplJ will II Glthe tennllIIlI pnl\iIiDl. trntt. .....1dW by lhb AtiI_ot. &1lOI\ 706 ~ACE4325 PAGE 07 ~ ~8dt')Orf STATE OF ~1nst (tlOAL~ COUNTY OF ...I~er /a.11 d_ ~wlCJ. ~SeaQ SEOltA. ""5A \.U.{ I-.l::i On Eeb~a I f> ~t{ belonlme pononally app88/ll SCOIt A. """". Pa18Cl1l8I1y known to me -m:-I ~ 10 me C111h8 bB$II at IIIIlsIaCloly 8\o1d8IlC81O b81118 person!s) whose name(a) l8Iare sub8c.lb..d 10 Ills wtim fnstn.ment end acIcnowf.dged to me 11181 halaheIlhay <IXllC\llQd IIle same in l'iI8Iher/llolr Whar lOCI 0IIjIllClIy("_), lJ\d" by 1l1I/IIelIIh8lr elgnaIure(a) IlfIIho ln8lrwnont Ihe person(a). or 1I1e lIIIIfty IlP"n benal! of wI1lcIt .... peIIOII(a) lICied,lIlOJCIQd.... Inell\Imenl ~~1: ........__a~ lltllnderd l.OIfI MoclIlI_ AcIrMm<<ll Form 31711 8001\ 70C; PAf;f ,t:l26 . ~ .... .......,....... .......~... PAGE 88 '. '1--1'- c'"' Dale The Ilallk 01 Nllw York. '" Tru8_. C~ C~.. ~ (SMl) PM! N.M: "'.-<v.,.l c. t/- TitIII: t..r.-..: ',"""rd,J. STATEOf' ---=r.e..._ COUNrVOF ~ On J'?r"~ Pate pel8OMly~ld $,,1--' c... "-font me /-Hll Slpl(s) Slo>~.." ,4-.A,....,) NOIIlly ~ff ..,/"P_1I11y kflOWll to me .(JR. _ Pnlved 10 me OIllhe bMIlI at MIIsIadaoy ll"oIidlInCS 10 be lhe pel8Ol'l(a, whoae nam~al1Sl8l'e oobectlbecllD \hit _tl1IIin InslnJrnenllllld ~wledgecllo me _ heI8I1e/1h&y ...-lIed \hit SlIme In hWhernholr aulhoIiz8d 0IIplIdIy{1ee).1Illd1!llll by hielherllhe/ul~s) Clrll/le t1aIrument!he person(.). or lInlfty upcn behalf." whICh lhe p8IlllllI(a) 8ClDd, 8lcIIOUleII1he II1strumenl. ~~ MyConr~-'On ElqlInle' V~ [llII!'IIlImt,\JI)llIllIPt II'Y \lOll J.aO'lIl1f1l'Sl api.'" A1t8r "-rdIrlQ Relum To: ~ "'-""IS, Incorporal8d 8!iO SafegUltd PIala 8RlCl1dyn He/ghla. (Ihio ....13t IIIlenIlon: Mr. EIIc EL SOIowllch BOOJ 706 PACE 4327 . . _. ..~ 0_" . . ~ .' '. LEGAL DESCRIPTION AU. THAT ceRTAIN pl_ or parcel 01 land aluate III E-' Pennsbolo Tawmhlp, Cur\'\beMnd County, ~Ia. bou'lded end dMctIled eallllloW8, to wi\: ~ 818 point 0lI11le ./IIIIlem Itlll 01 ColumIIIlI Road &00.382 lee! to e. point of eo..... connectlng With Ilne 01 Enola ROllI \IlOIth the lIOU1h Ine cI CcIumbla Rood: 11I_ tIlroullh thB centDr 01 a partillon WlIll and beyond lloUIh 30 cl8gnlM '4 mn- 30 8flCOI1de. Welt tllG.5981Hl1D a point; Ihenee North 52 deg.... 20 ITllnobS 10 _It W88I2t.921Ml1o a poInl: IlIence Norlh 'ZT deg_22 "*"'* 91 seconds EaeI 13T.OM 1get to 8 ,oil! 01\ Ilu> SOUlllem line elf Columbia Road; !hence 8IlIlwIlrdly, along Columbia Aoad In an arc h8vtng 8 rIIlllle 11574.95, 28.78218el1o 8 polnI, lie PIllca cI BegInning. HAVING THEREON ERECTED a ~ frlIme diMlIIlng known as 42 Columbia Road. !'!lola. BEING tll8 _ ,o'lIIRlIM WIIicII .... 0lIwr r.tonIa, Jr., and D. CaRllyn Knal:kacGdI, by thBlr deed daced 3 0d0Il.. 1988 and ~ In ... 0llI0e or !he R8coId8r 01 DeecIe In and for Cuonborfand Courtly. Pen~nla, In I:tIlIcI BoaIl P, \'oIlI1MI33, P.I2tl, gral11acl and 00l1VIlpd UIlIo Ulo Olver MonIe.. Jroo end IlarUa A. Monts, hueIMnl8nd wife. 1he *LM ot.er Monla, Jroo died on 8 J\p~119114 whel'llby IItIe -*' in ll6Ibara ", Mon1t, GlaJI\tlt heleln. _lIHl IllI11N1rG I8nlInt by the enlInllIea. ?1m:eI No.: og.'301002 Pan:le1289 SPACE BEl.OW UNE!'OR RECORDING 1 Certify th," ',' ",' "'u.)rded TnCumhuh.' . .'.^ . .~ " BOOk 706 PAcr4:J28 k.... ".:~r of DCl:o:; EXHIBIT B . . . --- STATEOF I 'rAf 4--3 COUNTY OF ~ vtJt.1S t DEBRA L YMA~ being duly sworn according to law, deposes and says: I am employed in the capacity of VICE PRESlDENlat Litton Loan Servicing, PLAINTU'F'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ) 1. Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant's accounts. 5. Defendant's mortgage payments due July 1,2004 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest June 1,2004 through November 2, 2004 (Per Diern $12.23) Attorney's Fees Cumulative Late Charges February 13, 2004 to Novernber 2, 2004 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $40,257.83 $1,884.71 $1,250.00 $86.48 $550.00 $44,029.02 $0.00 $461.97 $44,490.99 7. Defendant has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due rnortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. . . " 9. Plaintiff properly accelerated its mortgage to protect its int Li'~'~on loan Servic',r.:': '-;:) Servicer Litton Loan Servicing, Inc. SWORN TO AND S~SLBED BEFORE ME THIS, -: (). DAY " , ;m-,'t'J-1WYt^rJ ,2005 , \ I ' '..... i .- ~~;~ ~tmLlC'" jh)'A.L~v Ie Jackie C. Houlton I NotIry Public SIIII 0/ T exa. M, CommIeslon Expires 04-07-2008 ~~.~ File Name and Number: Scott A. Morris, Account No.: 11404729 J .-y----.' . . EXHIBIT C FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., ld. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 Q.liL 563-7000 __________ AnORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. TERM NO. C>'-l-S'S39 Cl;c.>~L ~~ SCOTT A. MORRIS 42 EAST COLUMBIA ROAD ENOLA, PA 17025 CUMBERLAND COUNTY r-.> = CC~ .e- X o <: Defendant co, t:: -~;; :c=j -<. CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 allcr this complaint and notice are served, by entering a written appearance personally or by attorney and tiling in writing with the court your dcfenses or objections to the claims set forth against you. You arc warned that if you fail to do so the case may proceed without YOll and a judgment may be entered against you by the court without further notice for any moncy claimed in the complaint Dr for any other claim or relief rcquested by the plaintiff. 'I DU may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 LA WY ER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIIAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedt()rd Streel Carlisle, P A 17013 Vvf' !leretrv certify thu (800)990-9108 within to be a true and "O'l "cd '-'OO'i 0$1 1 tie '.' ,I _ ~jVU v ,- .. ';,-iqmai fiip ". "f3cord . t '~'ELM\ , w ~ -l ::r:;.." rT1r...... -om :('9 06 --:-,i:}-1-4 (,5='" -.70 i5rn --I :~ ~.: :P" ::r:: (..) fEOERMAi{ AL) ;',,- LAN, ATTORNEV . ,..jUry PLEP,SE PE: uH~i Filc#: 101285 File#: IOJ285 W THIS IS THE FIRST NOTICE THAT YOU II A VE RECEIVED FROM THIS OFFICE, BE ADVISED TIIA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LA W PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHlN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS Al<IER YOU HAVE RECmVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD TIIA T BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE IU:QUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST A TE. . ' 1. Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known addressees) of the Defendant(s) are: SCOTT A. MORRIS 42 EAST COLUMBIA ROAD ENOLA,PA 17025 who is/are the mortgagor(s) and real owncr(s) of the property hereinafter described. 3. On 04/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE PROVIDENT BANK D/B/A PCFS FINANCIAL SERVICES, 1Ne. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1756, Page: 1129. By Assignment of Mortgage recorded 12/17/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 704, Page 4053. Said mortgage was modified as set forth in the modification agreement recorded 3/22/04, in Mortgage Book No. 706, Page 4324. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the tenus of said mortgage, upon failure of mortgagor to make such payments after a date speciJled by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 101285 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 11/02/2004 (Per Diem $12.39) Attorney's Fees Cumulative Late Charges 02/13/2004 to 11/02/2004 Cost of Suit and Title Search Subtotal $40,257.83 1,920.45 1,250.00 86.48 125000 $ 44,064.76 Escrow Credit Deficit Subtotal 0.00 461.97 $ 461.97 TOTAL $ 44,526.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agcncy. WHEREFORE, PLAINTIFF demands an Ln IT'1!l Judgment against thc Defendant(s) in the sum of $ 44,526.73, togcthcr with interest from 11/0212004 at the rate of $12.39 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM ELAN, LLP / / .Ill By: {siF anClS . a li~ ~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: IOJ285 AL~ THAT C~RTAXN pLace or parce~ of ~and situate in East PennsboroTownship. cuaber1and County, Pennsy1vania~ bounded and d6scribed as fO~~OW5, to wit: , , i I , . I \ I I I I . I I i I ! BEGXNNXNG at a poLnt on the southe~n 1ine of Co1umb1a Ra~Q 500.382 feet to a point o~ curve connect~n9 ~ith 11ne of .Bno1a Road with the south 1~ne of co1umbia Road; thence through the center of a pArtition wa11 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 po~nt; thence North 27 degrees 22 minutes 31 seconds East 137.034 feet to a point on the southern 1ine of Co1uMbia Road; thence eastvard1Y6 a10ng Co~umbia Road ~n an arc having a radiu~ of 574.95, 29.782 feet to a poLnt, the p1aoe of BEG1NNING. HAVING THEREON ERECTED a two story frame dwe11ing known as 42 Co1umbia Road, Eno1a. BEING the same vre.ises which Lee.O~ivQr Marris, ~r.6 and D~ caro~yn Knackscedt6" by their deed datGd 3 october 1988 and recorded in the Of~ice of the Recorde~ of Deeds in and ~or Cumber~and County, Pennsy1van~a, in Oeed Book P, Vo1ume 33, pagQ ~2G, granted and c~nveyed unto Lee o~iver Morris, Jr., and Barbara A_ Morris, husband and wife~ The sai~ Lee o~iver Morris, Jr., died on 8 Apri1 1994 wna~eby tlt1e vested in Barbara A. Horri~. Grantor ha~ein. as ~he surv~vin9 tenant by the entireties. . PREMISES BEING: 42 EAST C~LUMBIA ROAD. VRRIFTf:A nON Helen Steels hereby states that she is Foreclosure Specialist of Litton Loan Servicing LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: t () /2.(1-0 ~_ . , . EXHIBIT D . . THE BANK OF NEW YORK, as Trustee, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Civil Division v. In Mortgage Foreclosure SCOTT A. MORRIS, Defendant No. 04-5539 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1-2. Admitted. 3-4. The averments are denied to the extent they are at variance with any recorded document. 5-8. The stated paragraphs contain allegations to which no responsive pleading is required. If a response is deemed necessary, defendant specifically denies the stated allegations and demands strict proof thereof, if relevant. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice. NEW MATTER 9. Plaintiff has failed to comply with various state and federal laws, including the Fair Debt Collection Practices Act. Defendant disputes the validity of the debt and requests that counsel for plaintiff obtain and provide defendant's counsel with written verification thereof. 10. Based on plaintiff's statutory violations, defendant requests that plaintiff's debt be invalidated or otherwise setoff and that attorneys' fees, costs, and other damages be awarded in defendant's favor, WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice and that the Court grant such other relief as may be appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: \ L:> iDS By: ~-q,~ ~ Bradford Dorrance LD. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 2 VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing answer with new matter are true and 90rrect to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: LI5/6)' -z:7]~ Bradford Dorrance CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe preoaid Addressed as Follows: Francis S. Hallinan, Esquire FEDERMAN and PHELAN, LLP One Penn Center at Suburban Station 1617 John Kennedy Blvd. Suite 1400 Philadelphia, PA 19103 Dated: Ll3;'6~ ~~~~~- ~ Bradford Dorrance EXHIBIT E . . Federman and Phelan is now PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFKBoulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: jenine.davey@fedphe.com Jenine R. Davey, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey* January 31, 2005 Office of the Prothonotary Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 FILE COPy Re: The Bank of New Y or/c, as Trustee v. Scott A. Morris Cwnberland County CCP, No. 04-5539 Dear SirlMadam: Enclosed please find Plaintiffs Reply to Defendant's New Matter to Plaintiffs Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. Very truly yours, J~e~ JRDlhzc Enclosures cc: Bradford Dorrance, Esquire * Please be advised that this ftnn is a debt collector attempting to collect a debt. Any information received will be used for that pwpose. If you have previously received a discharge in bankruptcy and this debt was not reaffmned, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: Jenine R Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff The Bank of New York, as Trustee Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION vs. Scott A. Morris Defendant No. 04-5539 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, The Bank of New York, as Trustee, by its attorney, Jenine R. Davey, Esquire, hereby files the within Reply to New Matter of Defendant Scott A. Morris and in support thereof states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through eight (8) of its Complaint as if set forth herein at length. 9. Denied. The averments of paragraph nine (9) are denied as conclusions of law to which no response is required. By way of further response, the foreclosure Complaint was filed on November 3, 2004 and served on the Defendant on November 29,2004. Defendant's Answer and New Matter, containing a request for verification ofthe debt was not filed and served on the Plaintiff until January 3, 2005. The Complaint contained a debt validation language required by Title 15 U.S.C.S. ~ 1 692g(a). Since Defendant's request for verification of the debt was not within thirty (30) days of that notice, it is not constituted a qualified debt verification request under ~ I 692g(b). A true and correcI copy of Plaintiff's mortgage foreclosure complaint is attached hereto, made part hereof and marked as Exhibit A. Nevertheless, Plaintiff replied to Defendant's request for verification of the debt on or about January 13, 2005. A true and correct copy ofPlaintifl's reply to Defendant's request for verification of the debt is attached hereto, made part hereof and marked as Exhibit B. 10. Denied. The averments of paragraph ten (10) are denied as conclusions oflaw to which no response is required. By way of further response, Plaintiff has not violated any statutes. By way of further response, see Plaintiffs response to paragraph nine (9), above. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 31,2005 BY: Jenin . Davey, Esquire Attorney for Plaintiff EXHIBIT A FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL mVISION Plaintiff TERM v. NO. CUMBERLAND COUNTY SCOTT A. MORRIS 42 EAST COLUMBIA ROAD ENOLA, PAl 7025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 pcrsonally or by attorney and filing in writing with the court your defenses or ohjections to the claims set forth against you. You arc 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 noticc for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INf'ORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA nOI3 (800)990-9108 File #: 101285 File#: 101285 IF THIS IS THE FffiST NOTICE TRA T YOU HAVE RECEIVED FROM TRlS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. !l1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN TlURTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILEIlIN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT Fon A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU I1A VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT on THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (fIlROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTOnNEY FOR ADVICE CONCEnNlNG YOun RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: scon A. MORRIS 42 EAST COLUMBIA ROAD ENOLA., PA 17025 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/1 312002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TIlE PROVIDENT BANK DIB/ A PCFS FINANCIAL SERVICES, 1Ne. which mortgage is rccorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1756, Page: 1129. By Assigrunent of Mortgage recorded 12117103 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assigmnent of Mortgage Book No. 704, Page 4053. Said mortgage was modified as set forth in the modification agreement recorded 3122/04, in Mortgage Book No. 706, Page 4324. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/0 I 12004 and each month thereaftcr are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon arc collectible forthwith. Flle#: 101285 6. The following amounts are due on the mortgage: Principal Balance Interest 06/0 I /2004 through 11/02/2004 (Per Diem $12.39) Attorney's Fees Cumulative Late Charges 02113/2004 to lI/02/2oo4 Cost of Sui I and Title Search Subtotal $40,257.83 1,920.45 [,250.00 86.48 $ 550.00 $ 44,064.76 Escrow Credit Deficit Subtotal 0.00 461.97 $ 461.97 TOT Al~ $ 44,526.73 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 01'1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s} on the date(s} set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumcr credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PI.AINTIFl' demands an in rem Judgment against the Defendant(s) in thc sum of $ 44,526.73, together with interest from 11/02/2004 at thc rate of $12.39 per diem to the datc of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthc mortgaged property. l'EDERM ELAN, LLP / / .Ill By: IsfF CIS. a i~~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101285 i I I , AL~ TILAT C~RTAXN piece or parce~ of ~anq sLtuate in J;:ast P"'ltnsboroTownship, cu..berl.and County, Pennsy2van~a4 bounded and described as fo11ows, to wit: 1 .\ BEGXNNXNG at a poiltt on the southern 11ne of Co1u.b~a Road SOO~382 fee~ to a pdint at curve connect~n9 ~ith 1ine of ~Eno~a Road with the south 1~ne of Co1umbi.a. Road; thence through the center of a partLtLon wa11 and beyond Sout~ 30 degrees 14 mi.nutes 30 seconds West 136.596 feet to ft pointi thence "arth 62 degrees 20 minates10 seconds West ~1.92 feet to a poJ.nt; thence North 2.7 dE!.'grQQs 22 18i.nutes: 31 seconds East 137.034 feat to a point on the southern 1ine of Co1umbia Road; thence eastward1y. a10ng Co~umbia Road ~n an arc having a radius o~ 57~.95. 28.782 feet to a point, the p1Ace Of BEGINNING. HAVING THEREO~ ERECTED a two story frame dwe1~ing knoun as 42 Co1umbia Road, Eno1a. BBING the 5a_e pr~lses Which Lee.O~iver ~arris, Jr_, ~nd 0_ Carolyn KnaOK$tedt,'by t~eir deed dated 3 October ~988 and recorded ~n the Off~cQ of the ReCorqer of Deeds in and for Cuaberiand county, ~ennsy1vanLa, in Oead Bopk p~ Vo1u~e 33, P~ge ~26, 9ranted an~ c~nveyed unto Lee o11ver Morris~ Jr.# and aarbara A. Morris, husband and wife. The saiQ Laa 01Lver Morris, Jr., died on 8 Apri1 1994 whereby tlt1e vested Ln Barbara A, Horris, Grantor hera~n, as ~he surviving tenant by the entireties, PREMISES ~EING: 42 EAST COLUMBiA ROAD.: VF.RIFrCA nON Helen Steels hereby states that she is Foreclosure Specialist of Litton Loan Servicing LP mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the bestofhislher knowledge, information and belief. The undersigned understands that this statement is made subjectta the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , { DATE: l () /2q~ ~_ EXHIBIT B PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-5634491 Email: jaime.mcguinness@fedpbe.com Jaime L. McGuinness, Esquire Litigation Department Representing Lenders in Pelll1Sylvania and New Jersey January 13, 2005 Bradford Dorrance, Esquire Keefer Wood Allen & Rabal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 FILE COPY Re: Tbe Bank of New York, Ai; Trustee v. Scott A. Morris Cumberland County CCP, No. 04-5539 Civil Dear Mr. Dorrance: Tbis letter is in response to your request for verification of tlte validity oftbe mortgage debt in tbe above-referenced mortgage foreclosure action. Tbe foreclosure complaint was filed on November 3, 2004, and served on tbe Defendant on November 29,2004. Your Answer and New Matter, containing your request for verification oftbe debt, was not filed and served on the Plaintiff until January 3, 2005, The complaint contained tbe debt validation language required by Title 15 U.S.C.S. 91692 g (a). Since your request was not within thirty days of that notice, it does not constitute a qualified debt verification request under 91692 g (b). Nevertheless, kindly be advised that PlainIiff is seeking the sum of$44,526.73 plus interest from November 2, 2004 at the raIe of $12.39 per diem to the date of judgment, plus other costs and cbarges collectible under the mortgage. These amounts are due because of the default and the subsequent acceleration of the debt. Kindly be advised that Defendant bas tbe right to bring his loan current up until one hour before a scheduled Sheriff's Sale in order to avoid foreclosure. [n order to obtain eitber an up to date payoff figure or a reinstatement quote, you must contact Mike Thurman of our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. ~trulY yours;, // ' ~ ?71~ aime L. McGuinness, Esquire j Iglbzc cc: Litton Loan Servicing, Inc. (Houston. TX) Attn: Judy Tidwell, Litigation, Acct. No. 11404729 * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that pUlpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. /. VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: January 31, 2005 BY: (0.IJA AM Je' R. Davey~ E~~: / Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (liS) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Jenine R Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, as Trustee Plaintiff vs. Scott A. Morris Defendant Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County . CIVIL DIVISION No. 04-5539 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 1I963 Harrisburg, P A 17108-1963 Date: January 31. 2005 . &W>>t-. Je ne R. Davey, Esquire torney for Plaintiff . EXHIBIT F (Page 1 Jf 6) . 1/5 LITTON LOAN SERVICING LP AnAffiIKw:afC-BASS 4828 Loop Central Dr Houston, Texas n081 Telephone 800-999-8501 Fax 713 966 8906 ScotlMorris Date: 81512004 Page 1 of5 42 E Columbia Rd Enola, PA 170252401 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortf~:a~e on Your hDme is in default. and the lender intends to foreclose. Soecific information about the nature of the default is Drovided in the attached Da2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save your home. This Notice exolains how to ur02ram works. To see if HE-MAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITH IN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with theCounselin2 A2ency_ The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toU free at 1-800~342.2397.(Persons with impaired hearing can caU (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 NOTJFCACION EN AOJUNTO F.8 DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENOO EN SU CASA. SI NO COMPRENDE I<;L CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION lNMEOITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGEN'CY) 8m CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRE$TAMO POR EL PROGRAMA LLAMADO ''HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL rURDE SAL v AR SU CASA DE LA PERDIDA DEL DERECIIQ A RImIMIR SU HIPOTECA. (Page 2 ~f 6) APPENDrx A Page2of5 HOMEOWNER'S NAME(S): Sooll Morris MAILING AVDRESS; 42 E Columbia Rd EDOla, fA 170252401 PROPERTY ADDRESS:4Z Columbia Road EnoJa, PA 17025 LOAN ACCT. NO.~ 11404129 ORIGINAL LENDER: CURREl'IT LENDERlSERVJCB- HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGmLE FOR FINANCIAl. ASSISTANCE WIIICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELp YOU MAKE FUTURE MORTGAGK FA YMEN'fS IFYOV COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S E:dERGENCY MORTGAGE ASSISTANCBACT OF 19&3 (TIlE "ACT"), YOU MAY BE ELIGmLE FOR 'EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND yOUR CONTROL, IF YOU HAVE A REASONMLE PROSPECT OF BeING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTIIER ELEGmlLITY REQUIREMENTS ESTABLISHED BY THE PEt-.'NSYLVANlA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE MM Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange und attend a "face-to~face" meeting with one of the consumer credit counseling agencies listed at the end of the Notice. TInS MEETING MUST OCCUR WITffiN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOu MUST BRING YOUR MORTGAGE UP TO DATE. THE r.ARI...-QF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAI~ TO BRJNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you fur tbirty (30) days after the date of this meeting_ The names addresses and teleohonc numberLQf desi20ated conswner credit counselln2 ui!cncies for the county in which the orouertv is located are set forth at the cnd of this Notice, It is only necessl1f)llo schedule one face-la-face meeting. Advise your lender ~iatelv of your intentions. APPLICATION FOR MORTGAGE ASISTANCE-Your mortgage is in default for therellSOns set forlh later in this Notice (see following pages for specific information about the nature of your default.) If you ha'le tried and ate unable to resolve this problem with the lender, you have the right to apply for fmaneial assistance from the Homeowner's Emergency Mortgage Assismnce Program To do so, you must fill O\1t, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit coullSeling agencies listed at the (Page 3 ~f B) .. APPENDIX A Page 3 of 5 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 med or postmarked within thirty (30) days of your face-to-face meeting. YOU MYSI F[l.E YOUR APPLlCA'l'ION PROMPTLY. IF YOU FAll. TO DO SO OR IF YOU DO NOT FOLLOW TIlE OTlIER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMF..DlATEL"f AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They Will be disbursed by the Agency WIder the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your application. During Ihat time. no foreclosure proceedings will be pursed against you jf you have met the time requirements set forlh above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOUR ARE CURRENTLY PROTECTED BY THE FR.ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING pART OF TInS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A TTEMP1' 1'0 COLLECT THE DEBT. (If you ban fded bankruptcy you can still apply tor EmtTIcncy Mortgage Ass1<;tance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine: it UD to date), NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on yaW" property located at: 42 Columbia Road IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTIU.Y MORTGAGE PAYMENTS for the following the following amounts are now past due: 61112004 through SJ 1f2004 at $501.22 totaling $1,503.66 months and Other charges Lare Charges $ 43.24 Deferredla.recharges $21.62 TOTA(, AMOUNT PAST DUE $1,500.97 B. YOU HA VB FAn...ED TO TAKE THE FOLLOWING ACTION roo not use if not l1uDlicablet HOW TO CURE THE DEFAULT - You may cure the default within TfllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL MOUNT PAST DUE TO THE LENDER, WHICH IS $1.500.97_, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIill THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check: certified check Or money order made ollvable and sent to: Utton Loan Servicinl! LP. 4828 LOOD Central Dr Houston. TX 77081.2226. You can cure any other default. by taking the following action witlJin THIRTY (30) VA YS of the date (Do not use if not aoolicable.) of this letter: (Page 4 ~f 6) ., APPENDIX A Page4of5 IF YOU DO NOT CURE THE DEF AUL T _ If you do not cure the default within TfUR'fY (30) DAYS of the dale of this Notice, Ihe lender Intends to exercise its ril!:bts to accelel'1lte the morf2al!t! debt. This means that the entire outstanding balance of this debt wi!! 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 THlRTY (30) DAYS, the lender also intoods to instruct its attorneys to start legal action to fo~c1osc uoon VallI" mort1!ai!ed uronertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be .sold by the Sheriff to pay offlne mortgage debl. rf the lender Tefers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings againsl you, you will slill be. required to pll)' the reasonable llttorney's fee that wen.: actually incurred. up to $50.00. How~ver, if legal proceedings are started against you. you will. have to pa)' all reasonable attorney's fees actually incwred by the lender even if the exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable cost. If vou cure Ihe default within the TfIIRTY (30\ DAY neTiod. vou will not be required to oav attorney's fees. OTHER LENDER Rl!."MEDlES - The 1eOOef may also sue)'Ou personally fOr the unpaid principal baIaflce and all other sums due under the mortgage. RIGHT TO CHRE THE DEFA1JL T PRIOR TO SHERIFF'S SALE If you have nor cured the default within the nuRTY (30) DAY pet'l00. and foreclosure proceedings have begun, VOl! nUl have !J!e right to cure the default and orevent the sale 111 anv time un to one oour before the Sheriffs Sale. You mAV do so b\" Davin!!: the lolal amount then Dast due plus anY late ot other Char2e5 then due rearonable attornev's fees and costs COl1Jlecte:d with the foreclosure ul!< and any other costs connected with the Sh.eriffs Sa16 as sr>ecified in writiM b... the lender and bv nerformine: anv other reouirements under the mortl!Jll!e. Curing your default In tbe manner set forth in tbis notice will t'esto.te- Jour mortgllge to the sante position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliesl date that such as Sheriffs Sale of the mortgaged property could be held would be approximately _6 months from tbe date of Ihls Notice. A notice of the actual date of !be Sheriffs Sale will be scnt to you before the sale. Of course, the. amount needed to cure tbe default will ijlcrease the longer )'ou wait. You may find out at any time cll:aclly what the required payment or action will 00 by contac.ting the lender. HOW TO CON1'ACT THE LENDER: Name or Lender: LITTON LOAN SERVlCING Addres..';: 4828 Loop Central Dr Phone Number: (713) 960-9676 (713) 966.8906 Fax Number: Contact Person: CoUedil)D Department EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's Sale win end "jOur ownership of the mortgaged property and your right to occupy it. If you cootinue to live in the property after we Sherifrs. Sale. a lawsuit to remove yO\\ and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _ may not (CHECK ONE) sell or transfer your home to a buyer or trallsferee who will assume the mortgage debt, provided tnat aU the outstanding payments, charges and attorney's fees and costs are paid prior to or al the sale and that the other requirements of the mortgage are satisfied. (Page 5 0' 6) APPENDIX A Page 5 of 5 YOU MAY AlSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIIER LENDING INSTITUTtON TO PAY OF TIllS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY AcrtNG ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGIIT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACfION BY THE LENDER. TO SEEK PROTECfION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (FlIIinalistofall Counsellne- Ae-encles listed In AooendixC.FOR THE COUNTY in which the oronertv is located. usine- additional D8e-es if necessary). CumbenandCountv CCCS of Western Pennsvlvania. Inc. 2000 Liml'lestown Road Harrisbur{!'. PA 17102 (717(541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Wavnesboro. PA 11268 (7171762-3285 Urban Leae-ue of MetroDolitan Harrisbure N. 6th Street Harrlsbure:. PA 1710l i7171234-S92S FAXi717l234.94S9 YWCA of Carlisle 3001 G Street Carlisle. PA 17013 (717l243.3818 FAX(717l731.9589 (Page 6 ~f 6) . . Community Action Comm of the Capital Reeion 1514 Derrv Street Harrisbllrl!'. PA 17104 (717)232.9757 ~'AX(717)234-2227 Adams County HousmJ!! AuthQritv 139-143 Carlisle St Geltl'sburl!'. PA 17325 (71n334-1518 FAX(717l334.8326 . , . . EXHIBIT G , . . PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax; 215-5634491 Email: jaime.mcguinness@fedphe.com Jaime L. McGuinness, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey January 13, 2005 Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walriut Street P.O. Box 11963 Harrisburg, PA 17108-1963 FILE COpy Re; The Bank of New York, As Trustee v. Scott A. Morris Cumberland County CCP, No. 04-5539 Civil Dear Mr. Dorrance: This letter is in response to your request for verification of the validity of the mortgage debt in the above-referenced mortgage foreclosure action. The foreclosure complaint was filed on November 3, 2004, and served on the Defendant on November 29,2004. Your Answer and New Matter, containing your request for verification of the debt, was not filed and served on the Plaintiff until January 3,2005. The complaint coniained the debt validation language required by Title 15 U.S.C.S. ~ 1692 g (a). Since your request was not within thirty days of that notice, it does not constitute a qualified debt verification request under ~ 1692 g (b). Nevertheless, kindly be advised that Plaintiff is seeking the sum of$44,526.73 plus interest from November 2, 2004 at the rate of $12.39 per diem to the datc of judgment, plus other costs and charges collectible under the mortgage. These amounts are due because of the default and the subsequent acceleration of the debt. Kindly be advised tltat Defendant has the right to bring his loan current up until one hour bcfore a scheduled Sheriff's Sale in order to avoid foreclosure. [n order to obtain either an up to date payoff figurc or a reinsiatement quote, you must contact Mike , . . Thurman of our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. ~. truly yours;~.// ' -/. d~ aime L. McGuinness, Esquire j Iglbzc cc: Litton Loan Scrvicing, Inc. (Houston, TX) Attn: Judy Tidwell, Litigation, Acet. No. 11404729 * Please be advised that tIlls firm is a debt collector attempting to collect a debt. Any information received will be used for that pUlpOse. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against properly. /.' , . . VFRTFTCATTON Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she IS authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.e.S. 94904 relating to unsworn falsification to authorities. ~h~0S , - , Date Slieetal R. Shah-Jani, Esqui Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-05539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MORRIS SCOTT A JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRIS SCOTT A the DEFENDANT , at 1941:00 HOURS, on the 29th day of November, 2004 at 113 BUNGALOW ROAD ENOLA, PA 17025 by handing to DORI POWLEY, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 ,00 10.00 .00 39.10 rr'7,.;tC~::/ . ".//,:/4 . '. ;;;r'f,,;:,:,':"z;;t"~'_ .../ ~~ , ~,/,:, - );. .../f" ..__~ R. Thomas Kline 11/30/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~ //' ~puty Sheriff ~./ me this ~ ~ day of (7~c;bHJO' A.D. f2 )}up.!!._ P othonotary ,~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. J Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL $ Advance Costs: Sheriffs Costs: 172.76 172.76 $ 000.00 18.00 102.16 .50 1.00 11.10 20.00 20.00 Refunded to Atty on 01/10/05 172.76 Sworn and Subscribed to before me This /3!': day 09~ 2005 A.D. \. l'-LL{)~/~ Mhonotary ~..~.2-c \ '~ R. Th~mas Kline, iheriff . C}Ctud.i- Q &wbodu~/ By Claudia A. Brewbaker CJ \'~' \\ " \ ,,".\ '\~ ;, \\~\"?",~ , \\.\~ v ~_. (,;-:) . ?4 . ...c. lr v, ...c: b \ ~ '" n- ~ON ~991 "\ G~"Jlt\3a\ol\ J 'v/d '^1~r\S03"\H 303')\1;10 ;i:!\~3n / )..>1) 6te- tj g <J Cj 0 02L0 /S9 )3(... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-5541 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ARRO Consulting Ine Plaintiff (s) From Gary L. Olson, 12 E. Glenwood Drive, Camp Hill, P A 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property . (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. Amount Due $5107.78 L.L..50 Interest Arty's Comm % Due Prothy $1.00 Other Costs Arty Paid Plaintiff Paid 34.25 Date: November 3, 2004 (Seal) By: REQUESTING PARTY: Name Forrest P. Brown Address: 4750 Dellbrook Road Mechanicsburg, P A 17050 Attorney for: Plaintiff Telephone: 717-975-3995 Supreme Court ill No. 1- THE BANK OF NEW YORK, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYL V vs. CIVIL ACTION - LAW NO. 04-5539 CIVIL SCOTT A. MORRIS, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER, J.J. ORDER AND NOW, this .23.$- day of March, 2005, upon consideration ofplai ~ifrs , , response, if any, filed by defendant, the court determines that plaintiff is entitled to s mmary motion for summary judgment and brief in support thereof, and upon consideration judgment as a matter of law, and it is hereby ordered and decreed that an in rem judg i ent is entered in favor of plaintiff an against defendant, Scott A. Morris, for $44,490.99 pI interest from November 2,2004, at the rate of$12.23 per diem and other costs and charges c 'Uectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT, :rlm \\~. ~ --Lll:t~-.~ j)1}C /-~) /, I- 5"'> ;)3 .u-::> . Hess, J. vSheetal R. Shah-Jani, Esquire F or the Plaintiff ~dford Dorrance, Esquire For the Defendant , " II I , F' '-C\.(' T'~C- lL!::I.F;.;';<i>;V: OF THE P~V)'THC:\~()Tf~iY 2UDH1AR 23 Pn 3: 33 . PHELAN HALLINAN AND SCHMIEG By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 THE BANK OF NEW YORY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION SCOTT A. MORRIS 113 BUNGALOW ROAD ENOLA, PA 17025 : NO. 04-5539 CIVIL PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against SCOTT A. MORRIS Defendant(s) in accordance with the Court's Order dated MARCH 23, 2005. Assess Plaintiffs damages against SCOTT A. MORRIS as follows: As set forth in the Order Interest - 11/2/04 TO 3/23/05 TOTAL $44,490.99 v' $ 1,736.66 $46,227.65 :r~)jJ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. < /J DATE: ('r[al'O, MOS ~ f.2 .;Z:y PRO PROTHY C7 PMB ... vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5539 CIVIL THE BANK OF NEW YORK, Plaintiff SCOTT A. MORRIS, Defendant IN RE: PLAINTlFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER. J.1. ORDER AND NOW, this .2 3 .>- day of March, 2005, upon consideration of plaintiffs motion for summary judgment and brief in support thereof, and upon consideration of the response, if allY, filcd by defendant, the court determines that plaintiff is entitled to summary judgment us a matter of law, and it is hereby ordered and decreed that an in rem judgment is entered in favor of plaintiff an against defendant, Scott A. Morris, for $44,490.99 plus interest from November 2, 2004, at the rate of $12.23 per diem and other costs and charges collectible under tbe mortpgc, for foreclosure and sale of the mortgaged property. BY THE COURT, Sheeta: R. Sh~lh-J31~i, Esquire For the PbimiL' . Hess, J. Bradford Dorwncc, Esquire For (he Dde",bnt. :'-':;''-!'-' .,",-", "" ,". , .. :rlm -10' ...:.' L:_;j ,,'J'"! 4. PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5539 CIVIL SCOTT A. MORRIS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s} is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT A. MORRIS is over 18 years of age and resides at, 113 BUNGALOW ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ )jl~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff cl( ~ - r j QS ~ ~ c---- ~ t".J U .{<:,;. ~ .4J \\.- 0 c ~~ ~:8 ~J:- ~ s.;:~ ,:::':1 <...,J~ 9,""";1 :,-nc:-, ~~ ':,'1\~" __,1 .~~'<\ :., ~;~;l C) ~ - -- .' .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5539 CIVIL SCOTT A. MORRIS Defendant(s ). Notice is given that a Judgment in the above-captioned matter has been entered against you on fYl ';:J 'f /() 200~ . B~ AO-ro -P 7?z~ DEPUTY If you have any questions concerning this matter, please contact: CjJ~)/J~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." .I . (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. No. 04-5539 CIVIL SCOTT A. MORRIS Defendant(s}. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $44,490.99 Interest - 11/2/04 to 3/23/05 $1,736.66 Interest from 3/23/05 to SEPTEMBER 7, 2005 (per diem -$7.60) $1,276.80 and Costs TOTAL $47,504.45 [fr~-#J~ DANIEL G. SCHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 01) f'\ 0 r- ... 4'/. ~ .i. S ~ 4'/. ~ ~ ~ ~ ... ~,.. ... ~ ~ o~ ~ G to '" ~?: ';::l ~ <l) ~ \li1'O> '" .P ~ ~a ''61 ~ ~~ ... ~ - ~ ~(/'l ~ ~% ~~ ~ ~.:~ " '" o ., .~ ;s o~ ~ ,.. ~ ~ ~~ ~~ ~ It ~~ ~ p. ;, ~ ~~ ~ <l) o~ "" ... ;::l ... ~ ... ~~ :.c ,.... U';J t b o Q ~O ~~ ~ if, ~ '" U U <l) ~~ ~ (/'l ~ :a u :a ~ 1 s~ ';J.. ~ <l) 0.:: ;.~ ~ \>-< ~ A ~~ ~ ~G -t / "-\ r:,.";} ., ~ '::' :: - ... ~ <t>., ~ - -.! ~ -9 -.l r-( :: .:: -.::. ~ <:l ':::;:J ~~ - ... ~ \ <:J ~ ::r ~:-- p-c.; ~ '() a lI) ~ tf.:':> () ;:) '1 u... C.;:::l --: c') = (j 0 (} lJJ ,..... VI "b'} t>'j- (J - cJ Vi 0- ~ - Ul &- l..ro ~ f") - - - V1- ~ ~ I -40. DESCRll'TION ALL mAT CERTAIN piece or parcel of land ~iJ:uatc in the East Pc_boro Town>mp, ClIl11betland Counly, PennsyIYllllia, bottnd.ed and de=ibed a~ follows, 10 wit: BEGINNING at a poim OQ the IIOUlhem line of Col\ll1lbia Road 500.382 feet to a poiIIl of curve cormecli11g witb line of Eoola Road with the sollll1. line of Columbia Road; mllllCe through the ceotcr of a partitiOR waIl and beyood Soutb 30 ~ 14 minutes 30 """"ods Wc:ot 136.596 feet to a point; thence North 62 dcu= 2il miDUleo 10 s=md. West 21.92 feet to a point; thence Not'" 'l1 degrees 22. minutes 31 secomIs East 131.034 feet III a point on the soutbenl line of Columbia Road; tbence eastwardly, along the Colwt1bia llnad in an am having. radiUll of S74.9S. 28.782 feet to a point, lhe place of Beginning. HA VI NO tlle:reoIl erel.1ed a two story trame dwelling lcllOWD IS 42 Columbia Road. Enola. 1'ax Pareel #09-13-1002-289 RECORD OWNER TI1LE TO SAID PREMISES IS VESTED l.N StOll A. Morris. sillgle mall by De<<! from Bamara A. MONi$. wldDw dated. 5/411994 and teCOIded. SI19/19')4, il1 RcconI Book IOj, Pl\ge 6'Y1. PREMISES BEING: 42 EAST COLUMBIA ROAD, ENOLA, P A 17025 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5539 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE, Plaintiff (s) From SCOTT A. MORRIS (I) 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 gamishee(s) that: Ca) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $44,490.99 1..1.. $.50 Interest III2I04 TO 3123105 - $1,736.66 - INTEREST FROM 3/23105 TO 917105 (PER DIEM. $7.60) - $1,276.80 AND COSTS Atty's Comm % Atty Paid $121.10 Plaintiff Paid Date: MAY 10, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ,--By: ~()~, [2 7'l1:/2./l.A'f<.-/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attomey for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 .. -, THE BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. SCOTT A. MORRIS CIVIL DIVISION Defendant(s). NO. 04-5539 CIVIL AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) THE BANK OF NEW YORK, AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, 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 EAST COLUMBIA ROAD, ENOLA, PA 17025. 1. Name and address ofOwner(s} or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. MORRIS 113 BUNGALOW ROAD ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . "'\. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 42 EAST COLUMBIA ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 BRADFORD DORRANCE, ESQUIRE 210 WALNUT STREET, P.O. BOX 11963 HARRISBURG, PA 17108-1963 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 9. 2005 DATE <;r~Jj.j~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff .....' c::, c'7' ,.~"1 -'.... )..;.. C,\ -n c :T!~1 r;lp (\~,~ , ':.U ;::-:r: (-:) N .cr: A ~~ .< PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No, 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19]03-18]4 (2]5) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. MORRIS NO. 04-5539 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUlRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~)j.~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff C? (' ~, .-;::::> '2:i?; <:) -1'1 :...- ~-,"~ o -- .- o r""::' - " , THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 04-5539 CIVIL SCOTT A. MORRIS Defendant(s}. May 9,2005 TO: SCOTT A. MORRIS 113 BUNGALOW ROAD ENOL A, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house <real estate} at. 42 EAST COLUMBIA ROAD. ENOLA. PA 17025. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $46.227.65 obtained by THE BANK OF NEW YORK. AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 10 assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the hid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the 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 within 30 days of the sale. This schedule will slate 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 , DESCRff'TION ALL TlfA T CBRT AIN piece (){ parwl of land situlHe in the Elwt Permsboro Towmbip, CUlllberlanll County, Pennsylvania, b<lund<:d and described as follows, 10 wit: BEGINNING at a poiDI 00 the soud1em liDe of Columbia Road 500.382 feer lD a poiDI of curve c.onn.eaing widJ liDe of Euola Road with tile soUlh line of Columbia Rollll; tbtl1lCC through the ccmll:r of a partition wall and beyond SQuth 30 ~ 14 miDUtcs 30 secooo. W...t 136.596 ~ to a point; thcw;e North 62 dee=' 2.0 mlnuleo 10 BCOOIl<I. West 21.9'1 feet to a point; thence N()fIb 1:1 degrees 2Z minutes 31 S<<:oDd. East 137.034 feet III a poiDI 00 the 80Ulbem line of Columbia Road; tbea:e eastwartlly, along the Collllllbia Road in an an: having a mdi... ill .'174.95,28.782 feet to a poilll, Ibe plaCe or 1legUming. HA VINO tIteftIoII effi:te<l a twl1 story frame dwelling kDOWll as 42 Columbia Road. Foola. 'fax Pattel #09-13-1002-289 RECORD OWlllER TITLE TO SAID PRBMlSE8 IS VESTED IN SCOtt A. Morris, single man by Deed f:rol'IIllartlara A. Ml1tIi$. widow dated .'11411994 aDd reeorllcd SIL9/1994, In Rtcord Book lOS, Page 6'Y1. PREMISES BEING: 42 EAST COLUMBIA ROAD, ENOLA, P A 17025 n (:~.~ ,...' c'C--} c::;) c1"' - o o -n ._A ~1~_ """\I \'~~if~ :~>-~. '_~~ '-I; - ,-n ~~0,~'~:\ - - ,-, -- -:\J, :--<. C) ~ ". PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION THE BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY vs. No.: 04-5539 CNIL ,r1 SCOTT A. MORRIS AFFIDA VIr OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2}/403 DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by regular mail RICHARD DORRANCE, ESQUIRE, Attorney of Record for Defendant(s), SCOTT A. MORRIS, at 210 WALNUT STREET, P.O. BOX 11963, HARRISBURG, PA 171 08-1963 on 5/9/05. The undersigned understands that this statement is made subject to the penalties of l8 P A C.S. s 4904 relating to unsworn falsification to authorities. L/~ c. _/l(,l~~~ DANIEL G. SCHMIEG, ESQUIRE /i , . Date: May 23, 2005 ------ ,-.~ 1:.;;-;.' r';~ L.,"1 r;? i-': ,~"-) (J. -------- \ \:L r o,!>,'Z ,..,0.'" ~-l ~. (/):?;a ~~ -- -- -- -- -- -- ~ ~ ..., p '" ,.., -- V< P ,-" ,.., -- 0 ; ~ ('l) ,,--Z 0."'''' l;%. '" ::0 ~. ~ Po ~. "'; ~ ~ g <> .. 1\ z CO 3 a- m ~ -o....';?-o 'i9. trl ,..j 8 0 z s~(')~ . ,,-l rfi )> trl 0 ~ ~-~ % ~ ~ z ~ ~ ,,--'-or ~ s, p.~" <z %gs~ \l.% "" ~ >- ~ <::2 ~ ~ ~if ~ ~~ ?' n ~ -. -n () P:: %.?. d 0 ~ ~i~~ o~. \ ~ \5J " tD ~ ~?\ ~ )> '" o . ~ ~ . ~ ~ ~ .... "Z r """.... 0 ~ . o~~~ .... 0 () ,..j Q, ~ ~ '" 0 .. !to~~ tD \ p "" rfi ~ 00 g d" ~ rfi ,.., ~ 0 0 ........'" ~ tD "" S ~~~ )> % ~ rJJ.~ifJ.rfJ. ~9: \i> ~ Ul t ~'a.tri0 ~ .-< ~ p. 0 ::t. ~ ~a '" if' " ~ ... 0 ~~ ,.., rfi 0 ~ '(,'g"(i\ -- g % ~ ~ 0 " S 0 ~ :< ~ ~ .g S .... t: )> ~ 8 ~ ~ \2 ;;' d Cl ~ 'tJ 0 C ~ '5 \) -. ~ ~ 11 ,..j ~ ~ )> 9 ,..j ~ ~ % ~ ~ ~ \2 \2 ~ -- '" ~ ,..j ~ ~"",<fig.-\ "" \2 Q, Z 8'$&(05 b 0 _ p'W%;:' ~ "" :< 'C, ",,,,-0'" '" )> t;, -0 S;l P. ::1l ~ a::'~ ~ 0 ?" -- >< ..., ~ 1~.%' ~-~ "" 0 ~ -- ,.., Vl~ -;' g g. -- )> 'Jo ;S .....,0:3 ~ -- ~ _ -,.... -." ~ ..., ?v.;:>-" 'Q'~gg~ 0 "" \ ,..> 0 ';d ~'% "g<'> ~ V< ~'Q' ~~.~. 0' ); rfi i:t.'" !': ~~ ~ ~ ~ 0 "-%. s,~~ gg. ,.., g rj,('v ~ g ~ ':i ~ < '" 0 Y' ~ \f.~ ~ ~ \ " ~ ~~s \5 0 ~ b'a~~ "" .... ,.. tTl5 )> - ~'-\~ "" -- \5J rfi '!1. ;i& ..., ~ -- % s'* ~ 0 '?3 p.p.~<'> 'f "" ~ ~ ~% \ \ \; 0 'y P,~-s 'go "" -- ~~ ~ E. ..., :a'" .., \ 'y 0 ~ " -- -- ~_.~;1~' -' '" S-tb'a'i'> -- .ggg'i 0 g-tf\~ ~ 'Jo ~~ ~p ?" ~ 0';1 ".,.<5?POs~ ~ ~~,'" ~ ~~ ~ '" '" & ~ -11 "ii'" " ~~~---:- ",-q ?i"''''' ? ~ PfTN{-'t60<jV("S if" ;?f-.VI'[ 02 1A $ 01.500 ~ r;..,V',.. '" ~.~~ 0004300317 MAY 09 2005 0.::> :::. ~g g~ MAllEO FROM Z\PCOOE 19103 ~~~~ ':<""'.... <::T ~;;;-'B.(i( \ i ';;8' \ \ ^ ^ \ \ - The Bank of New York, as Trustee VS Scott A. Morris The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5539 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 06, 2005 at 6:34 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott A. Morris, by making known unto Cindy Welsh, adult girl friend of Scott Morris, at 113 Bungalow Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13,2005 at 4:15 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A. Morris, located at 42 East Columbia Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott A. Morris, by regular mail to his last known address of 113 Bungalow Road, Enola, P A 17025. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 14.08 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 24.00 Certified Mail 2.12 Levy 15.00 Surcharge 20.00 \ ,51:> 'S'I oJ "\ UL 6~' 1t..~10\ Law Journal Patriot News Share of Bills 305.00 258.23 18.20 $ 718.13 Sworn and subscribed to before me 2005, A.D. SY.An~rs P.# <"/~"T-.J'<~~ R. Thomas Kline, Sheriff BY I Joc:\V S YVUi(" Real Estate Sergeant Plaintiff, CllMBERLAND COUNTY COURT OF COMMON PLEAS . TIlE BANK OF NEW YORK, AS TRlJS'fEE ,. v. SCOTT A. MORRIS CIVIL DIVISION Defendant(s}. NO. 04-5539 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) THE BANK OF NEW YORK. AS TRllSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, 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 EAST COLUMBIA ROAD, ENOLA, P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. MORRIS 113 BUNGALOW ROAD ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the reo property to be sold: ' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage ofrecord: ~ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 42 EAST COLUMBIA ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 BRADFORD DORRANCE, ESQUIRE 210 WALNUT STREET, P.O. BOX 11963 HARRISBURG, PA 17108-1963 I verifY that the statements made in this affidavit are true and correct to the besI of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. Mav 9. 2005 DATE 'iJ~JJj~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff . THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 04-5539 CIVIL SCOTT A. MORRIS Defendant(s). May 9,2005 TO: SCOTT A. MORRIS 113 BUNGALOW ROAD ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 42 EAST COLUMBIA ROAD. ENOLA, PA 17025. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $46.227.65 obtained by THE BANK OF NEW YORK. AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 10 assert your rights. The sooner you contact one, the more chance you will have of stopping fhe sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe 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 the 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, Ihe buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution offhe money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving fhat money. The money will be paid out in accordance wifh this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wifh the Sheriff within ten (10) days after the distribution is filed. 7. You may also have ofher rights and defenses, or ways of getting your home back, if you act immediately after fhe 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCJUPTlON ALL TIlAT CERTAIN piece or parwl of land silnale in lhe East Peonsborn Townsbip, C1ImberIand County, Pennsylvania, baunlled and described a. fullows, 10 wit: BEGINNING 81 a poiDl on lhe SOUlbcm IlIle of Columbia ~ 500.382 feel to a poiDI of ClUVe coDl"....il18 wi1ll line of Boola Road with 1IIe soUlh Iioe of Columbia Road; tbencc t\1roUgl1 the cenIcr of a partition wall and beyolld Sooth 30 deg.ree6 14 minulal 30 8eCOoo. WestI36.S96 feet to a point; thence Norib 62 de&=" 20 mi_ 10 ICCOI1ds West 21.9.l: feet to a point; thence North 1:7 degrees 22 minutes 31 seconds East 137.034 feet 10 a point on the IlOUlhem Ilne of Columbia Road; liIen<:Je eastwarrlly, along the CoInmbia Road in on are bavil18 a mdiU!l of S14.9S, 28.782 feet 10 a poim, the p~ of llegUming. HAVING tbereon erected a two story frame dwelling known as 42 Columbia Road. Enola. Tax Parcel #09-13-10Q2..289 RECORD OWNER TITLE TO SAID PRBMISBS IS VI:lSTED IN Sl:OO A. Morris, s. man by Deed froJIIlIarIlara A. Morris, widow dated 514/1994 aDd recorded 511911994, In Record Book lOS, Page fH1. PREMISES BEING: 42 EAST COLUMBIA ROAD, ENOLA, P A 17025 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE, NO 04-5539 Civil CIVIL ACTION - LAW Plaintiff (s) From SCOTT A. MORRIS (I) 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 gamishee(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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amoum Due $44,490.99 1..1.. $.50 Interest 1112104 TO 3123105 - $1,736.66 - INTEREST FROM 3123105 TO 917105 (PER DIEM - $7.60) - $1,276.80 AND COSTS Atty's Comm % Atty Paid $121.10 Plaintiff Paid Date: MAY 10, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthO~ Bv: a.-...... " J) /f:/Z./7A' 1 cr Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 10 No. 62205 Real Estate Sale #47 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 42 East Columbia Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16,2005 By:JudLrJ~ Real Estate Deputy 0','., '71 '::.'c. d (., ! i~:::1 (Wi7 1\ .. . I .J'~,.,(.. ,j'.J id3;--j (::: 'i, 0" :"ji._ui: ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misc eons Book "M", Volume 14, Page 317. COPY SALE #47 PUBLICATION CUMBERLAND COUNTY SHERlFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRlOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 258.23 --- REALI8JlIln! SALE 110. 47 _lIo.lIOIIl111181 CIvIIT_ The 8lI/If!:oI_YDrk, M~ Va SCalI A.M0n\8 Ally: 0cln/eI SdHnIeg DESCinPnoN ALL TIW CEIUAIN piece or pan:eI of land __ ' in !be, East PewuI>oro TowIIJhip, CumbellaDd~, Pamayl'lllllia, _ and dco;nb"h, follows, to wit ' IlIIGINNING at a'poioIOl !be _tine of CoJumbia Road soo.382 feel to a poioI of curve -.. with line ofPaola Road with !be SOUlh !iDe of CoJumbia Rood; thoIce dmJgb!be-.r of apotiliml wall_ befl8ISwlh 3O.q....14 _JO""*,,WeotlJ6596feeltoapoiD<; ." _ 62.....20....... 10 see<lIIds West 21.92 feiet III a poiIIt;,thoIce _ TI depa 22 .......~I~East l37.D34feet _,m~. ".... "''''.' ..,. :*fte ,co", ......,.. ' " ,--'..~- 'it,:,- . ' '. '..~... ...,,_..42_Rood.EooIa,!W. 1JIXlIIRCEL*",IJ.'IMJ.289. 1lIUl TO SAlDJiRIlNiSF.S is vealoI in Scott A. Mmris, siDgIe _ by Doolfrom llalbara A. Mm.Widow,_~"'~l!t9/ 1994,in_Wtils,t'Jge@1. PREMISIiS BEJ!ill: 42 bst CoJumbia Rood. &oIa, IYd 7025. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ( , o AND SUBSCRIBED before me this day of Julv.2005 SWO 29 NO SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 47 Writ No. 2004-5539 Civil The Bank of New York. as Trustee VS. Scott A. Morris Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the 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 min- utes 10 seconds West 21.92 feet to a point; thence North 27 degrees 22 minutes 31 seconds list 137.034 feet to a point on the southem line of Columbia Road; thence east- wardly. along the 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. Tax Parcel #09.13-1002-289. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Morris. single man by Deed from Barbara A. Mor- ris. widow dated 5/4/1994 and recorded 5/19/1994, in Record Book 105. Page 697. PREMISES BEING: 42 EAST COLUMBIA ROAD. ENOLA. PA 17025. UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 PAIGE M. BELLING, ESQUIRE - ID #309091 HARRY B. REESE, ESQUIRE - ID #310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com THE BANK OF NEW YORK, AS =COURT OF COMMON PLEAS TRUSTEE :CIVIL DIVISION Plaintiff .CUMBERLAND County V. SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 Defendant(s) NO. 04-5539-CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: C MW ;o X r © t .rr r- n vo Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire; Sherri J. Braunstein, Esquire; Daniel S. Siedman, Esquire; Paige M. Bellino, Esquire and Harry B. Reese, Esquire on behalf of the Plaintiff, THE BANK OF NEW YORK, AS TRUSTEE in the above-captioned matter. UDREN LA?T1WF I CE•E.zC . BY: 11101102-1 StuarNM ?g,quire PA M 45362 PHELAN HALLINAN & SCHMIEG, LLP Allison Wells 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK, AS TRUSTEE Plaintiff VS. SCOTT A. MORRIS Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 04-5539 CIVIL rnm rn o a__ 0 ry? )>{ -r - sue. WITHDRAWAL OF APPEARANCE xc rr To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff, THE BANK OF NEW YORK, AS TRUSTEE. Date: I- V Phelan Hallinan & By. Attorney for Plaintiff v -9? PHS # 101285 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER h M`t ?tC??r? `t 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 gyp,,;#? _? 2' 856-669-5400 ='` L THE BANK OF NEW YORK, AS -11 +MMON PLEAS TRUSTEE )L DIVISION Plaintiff ;CUMBERLAND County V. SCOTT A. MORRIS NO. 04-5539-CIVIL 42 COLUMBIA ROAD ENOLA, PA 17025 Defendant(s) PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Attorney .or Plaintiff DATED: March 30, 2012 PAIGE M. SELLINO, ESQUIRE AA ED 3M91 11101102-1 aµ? % a.soPCl a -?) 4- a7344e