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HomeMy WebLinkAbout13-1782 i R Supreme Court of Pennsylvania Co Pteai C County Daleetl The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from another Jurisdiction ❑ Declaration of Takin Lead Plaintiff Name: Lead Defendant's Name: GREEN TREE SERVICING, LLC OMAR BARRON APRIL S. BARRON Are money Damages requested ?: ❑Yes No Dollar Amount Requested within arbitration limits (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO Name of Plaintiff/appellant's Attorney: KML Law Groue. P.C. ❑ Check here if you are a Self-Represented (Pro Se Litigant . _ Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL -' ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ` ❑ Premises Liability ❑ Zoning Board ¢ ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment dispute: ❑ Slander/Libel Defamation Discrimination — ❑ Other ❑ Employment Dispute: Other ❑ Other: MASS TORT ❑ Other _ ❑ Asbestos ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort -Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste 11 Eminent Domain/Condemnation Arbitration ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.R.C.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. SUITE 5000 - BNY MELLON INDEPENDENCE CENTER F J L ED' Q F F I CE 701 MARKET STREET OF THE PROTONOTARY PHILADELPHIA, PA 19106 (866) 413 -2311 2013 APR _5 AN 10 40 WWW.KMLI AW ROiTP.COM GREEN TREE SERVICING, LLC CUMBER ANN COUIM COURT OF COMMON PLEAS 332 Minnesota Street PENNSYLVANIA Suite 610 OF Cumberland COUNTY St. Paul, MN 55101 Plaints CIVIL ACTION - LAW vs. OMAR BARRON ACTION OF MORTGAGE FORECLOSURE APRIL S. BARRON Mortgagor(s) and Record Owner(s) l 118 Lighthouse Drive Mechanicsburg, PA 17050 .r. Defendant(s) 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717 - 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ow4 4/05.7:5 %C v 11 72232 ` SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS W FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD'S website www.hudgoov_ for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.asDx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: httl2://www.Dhiladelphiafed.or-a/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866413 -2311 or via email at homeretention 4kirillawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of I I8694FC. Para informacion en espanol puede communicarse con Loretta a1215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE L Plaintiff is GREEN TREE SERVICING, LLC, 332 Minnesota Street, Suite 610 St. Paul, MN 55101. 2. The name(s) and address(es) of the Defendant(s) is /are OMAR BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050 and APRIL S. BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On November 03, 2006 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on November 07, 2006 as BOOK 1972 PAGE 688. The mortgage has been assigned to: GREEN TREE SERVICING, LLC by assignment of Mortgage recorded on March 29, 2010 as INSTRUMENT # 201007686. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 01, 2012 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: PrincipalBalance ...................... ............................... .................. ..........$116,516.47 Interest from 09/01/2012 through 02/09/2013 at 6.5000 % . ......................$3,321.70 Per Diem interest rate at $20.75 LateCharges ........................................ ............................... ........................$215.15 Unapplied funds .............. ............................... ........... ($112.13) . ............................... Reasonable Attorney's Fee ................. ............................... ............. ._.......$1.650.00 $121,591.19 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an " personam judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit `B ". The Defendants have not had the required face -to -face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $121,591.19, together with interest at the rate of $20.75, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. t By: KML LAW GROUP, Michael McKee Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION Vco�R�� b_�� as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 3 , #1 18694FC - OMAR BARRON and APRIL S. BARRON 118 Lighthouse Drive Mechanicsburg, PA 17050 E...x.hibitA 10- 20- 1844-097 118 Lighthouse Drive Township of Hampden Cumberland County, Pennsylvania i ALL THAT CERTAIN piece or parcel of land situate m the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Lighthouse Drive at the Northwest corner of Lot No. 14, Block "C ", as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 13 and 14, Block "C" on said Plan, North 55 East, one hundred twenty (120) feet to a point; thence North 34 de minutes � 21 minutes (90) feet to a point; thence by the dividing line between Lot Nos. I2 and 13 lock "C on said Plan, South 55 degrees 21 minutes West, one hundred twen line of Lighthouse Drive, South 34 h' (120) feet to a point on the Eastern of BEGINNING. degrees 39 minutes East, ninety (90) feet to a point, the place BEING Lot No. 13, Block "C ", in the of record in the Cumberland County Recordel's in Plan Book 8k a t p� 62. Plan is HAVING thereon erected a single family dwelling house. i i i I I i I i K1972K070-k . Exhibit 0 *Exhibit has been redacted to remove all personally identifiable information or non-public information HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Date: 2/25/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort gage on your h ome i s in defaul t an d th e lender intends to foreclose. Specific inform ation about the nature of the default is Provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM EMAP) ma be able to help to save your home. This Notice explains how the program works To see if HEMAP can hel p, von must MEET WI TH A CONSUM ER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies servin" your County are listed at the end of this N otice If you have any ques tions you may call the Pennsylvania Housing Finance A gency toll free at 1 -800 342-2397. (Persons with im paired hearing can call (717) 780 -1869) This Notice contains important legal info rmation. If you h ave an y q uestions, representatives at the Cons umer Credit Counseling Agency may be ab le to help explain it. You m ay also w ant to cont act an y attorn ey in yo ur a rea. T he local bar association may be able to help you find a lawyer. LA NOT IFICACION E N ADJUNT O E S DE SUMA IMPORT ANCIA, PUE S AFECTA SU DERECHO A CONTI NUAR VI VIENDO EN SU CASA. SI NO COMPRENDE E L CONT ENIDO DE ESTA NOT IFICATION OBTE NGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO E STA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRES TAMO POR EL PR OGRAMA LLAMADO "HOMEOWNER'S EM ERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE L A PE RDIDA DEL DERECHO A REDIMI R SU HIPOTECA. i Date: 2/25/2013 HOMEOWNER'S NAME(S): OMAR BARRON and APRIL S. BARRON PROPERTY ADDRESS: 118 Lighthouse Drive, Mechanicsburg, PA 17050 LOAN ACCT. NO.: 376 : A ORIGINAL LENDE TIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK CURRENT LENDER/SERVICER: GREEN TREE CONSUMER DISCOUNT COMPANY / GREEN TREE SERVICING HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN (331 DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU M UST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. 2 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOUSHOULD FILEA HEMAPAPPLICATION SOONAS POSSIBLE IF YOU HA VE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE FILEANAPPLICATION WITHPHFA WITHIN 30 DAYS OF THATMEETING, THENTHELENDER WILL BE TEMPORARILYPREVENTED FROM STARTINGA FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATIONEVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATIONIS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGEN ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 3 } r r L4 }1 1 j: {aA HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 118 Lighthouse Drive, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: 3 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 10/01/2012 thru 2/25/2013 (5 mos. at $1,023.75 /month) $5,118.75 (b) Late charges $215.15 (c) Other charges; Escrow, Inspec., NSF Checks: (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,333.90 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 15311-90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: GREEN TREE LLC PO Box 94710 Palatine, IL 60094 -4710 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY f30) DAY Period, you will not be reauired to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 4 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wrrtmg by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GREEN TREE LLC Addre PO Box 94710 Palatine, IL 60094 -4710 Phone Number: 800 - 643 -0202 Fax Number: 866 - 210 -6192 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 6 Comprehensive Housing p6'Nl�BYt,Ywt+i111 x - O USING PON wNi+G ,aGE crr Counseling Agencies Agencias de Consejo al Cliente para Vivienda Cumberland County *CCCS of Western PA - York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 www.cccspa ory Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricounty ora Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 www.cchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www.ruralisc.org /nathstonepa htm Pennsylvania Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 www.adamscha org NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. Report last updated: 4/30/2012 9.03:04 AM - -- - Page 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING, LLC s p rrn Plaintiff -urn vs. Case No. �'� �o� "� CA a� .�v z° OMAR BARRON APRIL S. BARRON y -, o Defendant X_ s) ••� � C) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respect ly s mitted (Signature of Counsel f laintiff) 4/2/2013 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: _ State:_ Zip: Is the property for sale? Yes ( No ❑ Listing date; Price; S Realtor Name: Realtor Phone: Borrower Occupied? Yes No [] Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address; City: State: Zip: Phone Numbers: Home: Office: Celt: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Dome: $ -- -- Other Real Estate: $ Retirement Funds: $ $ Investments: $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles)• Model: Year Amount owed: Value Monthly Income Name of !employers: 1. 2. 3. Additional Income Description (not wages): 1. - monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT MoqRge Food 2n'MNj&aV Utilities Car Pa s Condo/Nei . Fees Auto Insurance Mad. not co Auto fue irs Other prop. payment Install. Loan Payment Cable TV Child SqpporVAlim. Sowdia Mone lea !Child CareMuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income 8c Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No [I If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (14EMAP) assistance? yes [] No[) If yes, please indicate the status of the application: Have you had any prior negotiations with your tender or lender's loan servicing company to resolve your delinquency? Yes Q No If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone_ Ifwe authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Itwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Y Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Y Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation r (hardship letter) Y Listing agreewent (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r VVr0�d0tpit ( Jody S Smith Chief Deputy ?p13 4Pt� 9 I Richard W Stewart � �7' r p pr { �`,�U�qj Solicitor OMCEOFTHESHERIF� �`'t�, ��`COO Green Tree Servicing, LLC vs. Case Number Omar Barron (et al.) 2013-1782 SHERIFF'S RETURN OF SERVICE 04/08/2013 04:27 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be April Barron Wife, who accepted as"Adult Person in Charge"for Omar Barron at 118 Lighthouse Drive, Hampden Township, Mechanicsburg, PA 17050. DENWS FRY, DEPU e 04/08/2013 04:27 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit:April S Barron at 118 Lighthouse Drive, Hampden Township, Mechanicsburg, PA 17050. o DEN" FRY, DEPUTY SHERIFF COST: $54.00 SO ANSWERS, April 09, 2013 RONNY R ANDERSON, SHERIFF (q Ccm�ty&uie SheriP.,T¢Ieo50fl.Iu. i GREEN TREE SERVICING, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION MORTGAGE FORECLOSURE V. NO. 13-1782 - CIVIL , MCD w zrn C-- OMAR BARRON and APRIL S. BARRON, ,�"E o Defendants DEFENDANTS' ANSWER TO CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COME the Defendants, Omar Barron and April S. Barron(the "Defendants"), by and through their counsel, Cunningham& Chernicoff, P.C., and submit their Answer to the Plaintiff's Complaint in Mortgage Foreclosure as follows: 1. It is admitted that Plaintiff is Green Tree Servicing, LLC. As to any implication that Green Tree Servicing, LLC is holder of the mortgage on Defendants' real property, such is denied. 2. Admitted. 3. Defendants admit that Defendants executed and delivered a mortgage (the "Mortgage") upon the premises at 118 Lighthouse Drive, Mechanicsburg, PA 17050, and that such Mortgage was duly recorded in the Office of the Recorder of Deeds for Cumberland County as Book 1972, Page 688. Defendants are, after reasonable investigation, without knowledge as to the subsequent assignment of the Mortgage to Plaintiff and proof thereof is requested at the trial of this matter. 4. Admitted. By way of further reply, this allegation refers to a writing which is the best evidence concerning the subject matter of such an allegation. 5. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and an accounting thereof is hereby demanded, if relevant, at the time of trial. 6. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and an accounting thereof is hereby demanded, if relevant, at the time of trial. Furthermore, Defendants specifically deny the amount set forth for late charges and attorneys' fees as Plaintiff has not established that such fees are fair and reasonable under the circumstances. Additionally, it is believed, and therefore averred,that such fees and costs are not reasonably related to the difficulty or extent of work necessary to 2 complete the litigation initiated in this matter, and proof thereof is demanded, if relevant, at the time of trial. 7. Defendants are without sufficient information to answer statements of Plaintiff s intention to assess fees and costs for this action in mortgage foreclosure. 8. Defendants are without sufficient information to answer statements of Plaintiff's intention to seek or to avoid seeking a judgment of liability against the Defendants or as to Plaintiff's reservation of rights. 9. This allegation is a conclusion of law to which no response is required. WHEREFORE, Defendants, Omar Barron and April S. Barron, hereby respectfully request this Honorable Court dismiss Plaintiff s Complaint with prejudice and grant Defendants such further relief as is just and proper. Respectfully submitted, C GHA CHERN COFF, P.C. By: Robert E. Chernicoff, Esquire Attorney I.D. #23320 Gina L. Lauffer, Esquire Attorney I.D. #313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants Date: June 20, 2013 3 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham& Chernicoff, P.C., certify a true and correct copy of DEFENDANTS' ANSWER TO CIVIL ACTION- LAW/COMPLAINT IN MORTGAGE FORECLOSURE will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Salvatore Filippello, Esquire KML Law Group, P.C. Suite 5000- BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 CUNNINGHAM & CHERNICOFF, P.C. Date: June 20, 2013 By: Julieanne Ametrano FA\Home\GLAUFFMDOCS\Barron,Omar&April\Answer to Complaint in Mtg Foreclosure.wpd KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 A' FTORNEY FOR PLAINTIFF I," ;f �JY�f L D �'E; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-1782 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is GREEN TREE SERVICING, LLC (hereinafter "Plaintiff'). 2. Defendants are OMAR BARRON and APRIL S. BARRON (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on April 05, 2013. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about June 20, 2014, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, KML Law Group, P.C. ATTORNEY FOR PLAINTIFF KML Law Group, P.C. Suite 5000 —BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GREEN TREE SERVICING LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 13-1782 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Co&f�'� being duly sworn according to law, deposes and says: 1. I am employed by 0601 =Pep iCs1t LLC , the mortgage servicer for the Plaintiff in this matter. I am authorized on behalf of 6� to makethe (� ,� ll.� � representations contained in this Affidavit. The statements under this Affidavit are based on my personal knowledge, as described in paragraph two (2) below. 2. In my capacity as 4&Q cL5 Q. 5i6eGrk Lk, I have access to Gre_en 's business records, including the business records for and relating to Defendants' loan. I make this Affidavit based upon my review of those records relating to Defendants' loan and from my own personal knowledge of how they are maintained. The loan records for the Defendants are maintained by Greet Treet°cEl LLein the course of its regularly conducted business activities. 3. The Defendants, OMAR BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050 and APRIL S. BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050, made, executed and delivered a Mortgage upon the premises, 118 Lighthouse Drive, Mechanicsburg, PA 17050, on November 03, 2006 to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK. 4. The mortgage is held by Plaintiff The mortgage has been assigned to GREEN TREE SERVICING LLC. 5. The Mortgage is in default because monthly payments of principal and interest due October 01, 2012 and each month thereafter are due and unpaid. At no time from October 01, 2012 to the present has/have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of November 30, 2013 are as follows: Principal Balance Interest from 09/01/2012 through 11/30/2013 at 6.5000% Per Diem interest rate at $20.75 Attorney's Fee Escrow Advances Unapplied Funds Costs of Suit and Title Search $116,516.47 $9,437.71 $2,005.00 $2,643.63 (-$112.13) $357.75 $130,848.43 I hereby verify that any and all exhibits attached to the Motion for Summary Judgment are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: l 2 day: before me this of/14"1/ Notary Public , 2014: KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-1782 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY This is an action of mortgage foreclosure brought against the Defendant, who is the Mortgagor and Real Owner of the real property located at 118 Lighthouse Drive, Mechanicsburg, PA 17050 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. seq., Rule 1035.2 provides, "After the relevant pleadings . are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered, "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Rule No. 1141 of the Pennsylvania Rules of Civil Procedure provides that the foregoing assumpsit rule applies to actions of mortgage foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) ...The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which rule states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or. certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendants admit in part and deny in part paragraph 1 of the Complaint, specifically the identity of the Plaintiff. However, Plaintiff is the holder of the subject mortgage and has at all times, relevant to this action, been the holder of the Mortgage and the real party in interest pursuant to an Assignment recorded on March 29, 2010 which is attached hereto and marked as Exhibit D. Defendants admit paragraphs 2 and 4 of the Complaint, specifically their identity to this action and the legal description of the Property. In paragraph 3 of the Answer, Defendants admit in part and deny in part the execution and assignment of the mortgage and the mortgage recording information. Defendants admit that they executed and delivered a mortgage to the Property but deny for lack of knowledge the execution of the assignment of the mortgage. The assignment of mortgage and recording information are matters of public record and may not be denied for lack of knowledge. Goodrich Amram 2d, § 10299(c):4. Accordingly, said lack of knowledge denials constitutes admissions. Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See, Pa.R.C.P. 1019(g). Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(a)(4) and (5). Defendants answer these specific averments by stating that these averments are "conclusions of law" making a response unnecessary. Defendants generally dispute the amount owed. Pa.R.C.P. 1029(b) requires Defendants to dispute Plaintiff's allegations with some specificity. Defendants have not done so. Defendants deny that the amounts claimed due and unpaid are accurate. Defendants make no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Defendant cannot simply invoke Pa. R.C.P. 1029(c) when Defendants, as well as Plaintiff, has knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendants have knowledge of their own mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. First Wisconsin Trust Company vs. Strausser and Perlberger, 439 Pa.Super 192, 653 A.2d 688, 692 (1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. Furthermore, Plaintiff has attached hereto as Exhibit "F", a true and correct copy of a complete transaction history for this loan, showing when and how all payments were applied. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa.Super 426, 524 A.2d 951, 952 (1987). Thus, while Defendants' default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendants' general denials that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a sheriffs sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at sheriffs sale and distribution of the proceeds is made. Judgment in a mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 340. In the Landau Supreme Court decision, directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 445, Pa. at 225-226, 282 A. 2d at 340 Landau vs. W. Pa. Nat. Bank, 455, Pa. at 225-226, 255-266, 282 A. 2d at 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Galligan vs. Heath, 103 A. 878, 260 Pa. 457, 462 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 173 A.2d 703, 196 Pa. Super, 155, 159-160 (1961). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at sheriffs sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. seq. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the reasonable attorney's fees requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendants generally deny paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendants in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendants deny paragraph 9 of the Complaint as to Plaintiff's compliance with Act 160 of 1998 as a conclusion of law. This denial is insufficient as a matter of law. Defendants have failed to admit or deny the factual allegation regarding their receipt of Plaintiffs notice. As such, they are deemed to have admitted this factual averment. Plaintiff complied with Act 160 of 1998 by sending the required notices, averred that fact in its Complaint, verified that fact under penalty of perjury on two occasions and attached copies of the Notices to its Complaint. The required Act 160 of 1998 Notices was sent by Plaintiff on February 25, 2013. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendants cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff v. Gerner, 303 A.2d 826, 451 Pa. 146 (1973). Accordingly, Defendants' Answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants as prayed for in Plaintiff's Complaint. Respectfully submitted, KML La ! ri u s P.C. 1.. id IL JILL P. -J1 iij i SI ESQUIRE ATTORNEY FOR PLAINTIFF KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 A. Complaint B. Answer C. Mortgage D. Assignment of Mortgage E. Note F. Transaction History ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS EXHIBIT LIST** OF CUMBERLAND COUNTY NO. 13-1782 **These exhibits have been redacted to remove all personally identifiable information of Defendants. GREEN TREE SERVICING, LLC Plaintiff vs. OMAR BARRON APRIL S. BARRON Defendants) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. /so env C) .w C=3 _' -v •�=- Xi V13 -0 in �7:*cit off. rz --tQ z.,' >.c.) . ac o NOTICE OF RESIDENTIAL MORTGAGE FORECL(SI DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your Iegal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which. must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a Lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for. Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 4/2/2013 Date Respecmined- (Signature of Counsel f laintiff) Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket Al • BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete -your request for hardship assist, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CI?STOMER!PR_l)l=Ally' API'LICAN1 Borrower Warne(s): Property Address: CRT. State Zip: Is the property for sale? Yes O. No ❑ Listing date: Price: $ Realtor Name: - Realtor Phone Barmwer Occupied? Yes 0 No 0 Mailing Address (if different):. City: . Phone. Numbers: Home: office; State: Email: Cell: Other: Zip:_ ## afpeople in household; How long? !visiting Address; City: Phone _Numbers: Home: Office: Cell: Other: State: Zip: Email; # ofpeople in household: How king? First Mortgage Lender: Type of Loans: Loan. Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes fii Insurance: Dade of Last Payment: Primary. Reason fbr Default: Is the loan in Bankruptcy? Yes ❑ No 0 if yes, provide nates, tocatian of court; as number c attorney: Assets Amount Owed: frotne: Other Real Estate: $ Retirement Funds: $ lnv"estruentS: $ ......... Checking: Savings: Other $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other trap othtion (automobiles, boats, motorcycl — Model: Year:Amount owed: — Value Monthly Income Name of Employers: 1. 2. Additional Income Description (not wages): 1 monthly amount:.......... 2. monthly amount: Borrower Pay Days: .-- Co-Borrower Pay Days: Monthly ] xr�enses: (Please only include expenses you are currently paying) EXPENSE AMOUNT F.XPENSE 1 AMOUNT triortaa:e Food 2 - Moftgage Utilities Car Pa.vaarea 1 s Condo/Neigh. Fees Med. not cover- a Auto'Insurance Auto fuelfre.. ":s Other prop. payment Install. lean Payment Cable Ty Child S . * •rtlAtirst. S , ,ndin_ Ivione Da /Child Care/1% Other ' • eases Amount Available for Monthly Mortgage Payments Based on ineonte& Expenses: Have you been working with a Housing Counseling Agency? YesEl No❑ If yes, please provide the following laforniation: Counseling agency: Counselor: • Pbaae.(Of1ce): Pax: Email; Have you made application for Homeowners Emergency lvlortgage Assistance Program (HEMAP) assistance? Yes-0 No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resoIze your delinquency? Yes fl NojJ If yes,. please indicate the status of those negotiations: Please provide ibe following information, if knew. regarding your lender or leader's loan servicing company: Lender's Contact (Warne)! Phone: Servicing Company (Name): Contact. Phone: IIWe, t sntlrorize the above named to use/refer this information to my lender/servicer for the sole purpose devaluating my financial situation for possible mortgage options. ii'We understand that Uwe am/are under no obligation to use the services provided by the above named Borro*er Signature Date Co -Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 4 Proof of income 1Ef Past 2 hank statements Proof of any expected income for the last 45 days 4� Copy of a current utility bill -V Leiter explaining reason for dels'nqueney arrd any supporting documentation r (hardship Jetta.) •Y Listing agreew..ent (if property is currently on the iarket) ATTORNEY COPY KML LAW GROUP, P.C. SUITE 5000 - BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PlITIADELPHIA, PA 19106 (866) 413-2311 W W W.KMLLA WGROUP.COM GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 Plaintiff vs. OMAR BARRON APRIL S. BARRON Mortgagor(s) and Record Owner(s) 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE C;/ Defendant(s) 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR 1'bLEPHONE TFIE OFFICE SET FORTH BELOW. THIS -OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otos derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO DvIMEDIATAMENTE. SI NO I IbNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE I.NFORMACJ.ON ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIiIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR I HE PURPOSE OF COLLECTING TH E DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN .FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the folIowing numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real_aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 118694FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. ATTORNEY CeoIN MORTGAGE FORECLOSURE 1. Plaintiff is GREEN TREE SERVICING, LLC, 332 Minnesota Street, Suite 610 St. Paul, MN 55101. 2. The name(s) and address(es) of the Defendant(s) is/are OMAR BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050 and APRIL S. BARRON, 118 Lighthouse Drive, Mechanicsburg, PA 17050, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On November 03, 2006 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on November 07, 2006 as BOOK 1972 PAGE 688. The mortgage has been assigned to: GREEN TREE SERVICING, LLC by assignment of Mortgage recorded on March 29, 2010 as INSTRUMENT # 201007686. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 01, 2012 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $116,516.47 Interest from 09/01/2012 through 02/09/2013 at 6.5000% $3,321.70 Per Diem interest rate at $20.75 Late Charges $215.15 Unapplied funds ($112.13) Reasonable Attorney's Fee $1,650.00 $121,59L19 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance withthe mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $121,591.19, together with interest at the rate of $20.75, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: KML LAW GROUP, Michael McKee `" Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 )C. Salvatore Filippello Pa. ID 313897 Attomeys for Plaintiff VERIFICATION I,l-ey'cSc. ��t e , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 3--a;-l3 -VI/kw/A(02 # 118694FC - OMAR BARRON and APRIL S. BARRON 118 Lighthouse Drive Mechanicsburg, PA 17050 10-20-1844-097 118 Lighthouse Drive Township of Hampden Cumberland County, Pennsylvania ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Lighthouse Drive at the Northwest comer of Lot No. 14, Block "C", as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 13 and 14, Block "C" on said Plan, North 55 degrees 21 minutes East, one hundred twenty (120) feet to a point; thence Nortb 34 degrees 39 minutes West, ninety (90) feet to a point; thence by the dividing line between Lot Nos. 12 and 13, Block "C" on said Plan, South 55 degrees 21 minutes West, one hundred twenty (I20) feet to a point on the Fasten line of Lighthouse Drive, South 34 degrees 39 minutes East, ninety (90) feet to a point, the place of BEGINNING. BEING Lot No. 13, Block "C", in the Plan of Lots of Pinebrook Heights, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 18, at Page 62. HAVING thereon erected a single family dwelling house. `g72 1014 Kxfiibit � *Exhibit has been redacted to remove all personally identifiable information or non-public information HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Date: 2/25/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort lender intends to foreclose. Specific inform provided in the attached pages. gage on your h ome i s in defaul t, an d th e ation about the nature of the default is The HOMEOWNER'S MORTGAGE AS SISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can hel p,_ you must MEET WI TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this N otice. If you have any ques tions, you m ay call the Pennsylvania Housing Finance A gency toll free at 1-800-342-2397. (Persons with im paired hearing can call (717) 780-1869). This Notice contains important legal info rtnation. If you h ave an y q uestions, representatives at the Cons umer Credit Counse ling Agency may be ab le to help explain it. You in ay also w ant to cont act any attorney in your a rea. T he local bar association may be able to help you fmd a lawyer. LA NOT IFICACION E N ADJUNT 0 E S DE SUMA IMPORT ANCIA, PUE S AFECTA SU DERECIIO A CONTI NUAR VI VIENDO EN SU CASA. SI NO COMPRENDE E L CONT ENIDO DE ESTA NOT IFICATION OBTE NGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRES TAMO POR EL PR OGRAMA LLAMADO "HOMEOWNER'S EM ERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE L A PE RDIDA DEL DERECHO A REDIMI R SU HIPOTECA. 1 Date: 2/25/2013 HOMEOWNER'S NAME(S): OMAR BARRON and APRIL S. BARRON PROPERTY ADDRESS: 118 Lighthouse Drive, Mechanicsburg, PA 17050 LOAN ACCT. NO.:1119376 ORIGINAL LENDER NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK CURRENT LENDER/SERVICER: GREEN TREE CONSUMER DISCOUNT COMPANY I GREEN TREE SERVICING HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 1 H HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tetnporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. 2 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILEA HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTINGA FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOUHAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision. after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application_ NOTE IF YOUARE CURRENTLY PROTECTED; BY THE. FILING OF A PETITION 1N BA.NKRUPTCY;'THE FOLI )WINO PART OF; THIS NOTICE IS`FOR INFORMATION PURROSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE"DEBT (If�oru have filed bankrdptcy you cari sill apply ': for Eme enc 1VIor a e;:Assislance HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 118 Lighthouse Drive, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: 3 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 10/01/2012 thru 2/25/2013 (5 mos. at $1,023.75/month) $5,118.75 (b) Late charges $215.15 (c) Other charges; Escrow, Inspec., NSF Checks: (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,333.90 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO 1'HE LENDER WHICH IS $5,333.90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: GREEN TREE LLC PO Box 94710 Palatine, IL 60094-4710 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the 'mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF 1HL+ MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. 0 1'HER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 4 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then duel reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writingby the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. "A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT 1HE LENDER: Name of Lender: GREEN TREE LLC Address: PO Box 94710 Palatine, IL 60094-4710 Phone Number: 800-643-0202 Fax Number: 866-210-6192 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 5 YOU MAY ALSO HAVE THF RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 6 Comprehensive Housing �cNtti°1�'�YAtrit N.^t}54'tG FI!-t4hfCf t �i:NiG.Y Counseling Agencies Agencias de Consejo, al Cliente para Vivienda Cumberland County *CCCS of Western PA - York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 www.cccsoa.orq Community Action Commission - Capital Region 1514 Deny St Harrisburg PA 17104 717.232.9757 www.cactricounty.orq Harrisburg Fair Housing Council 2100N6th St Harrisburg PA 17110 717.238.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 www.cchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www.ruralisc.oro/nathstone oa.htm Pennsylvania Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 www.adamscha.oro NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. Report last updated: 4/30/2012 9:03:04 AM Page 1 of 1 EXHIBIT "b" GREEN TREE SERVICING, LLC IN THE COURT OF COMMON PLEAS Plaintiff v. OMAR BARRON and APRIL S. BARRON, Defendants CUMBERLAND COUNTY, PENNSYLVANIA Cr CD z fr' c C_.._- 73 _ CIVIL ACTION ter` ra MORTGAGE FORECLOSURE o �' c-, -v NO. 13-1782 - CIVIL y c.a DEFENDANTS' ANSWER TO CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COME the Defendants, Omar Barron and April S. Barron (the "Defendants"), by and through their counsel, Cunningham & Chernicoff, P.C., and submit their Answer to the Plaintiff s Complaint in Mortgage Foreclosure as follows: 1. It is admitted that Plaintiff is Green Tree Servicing, LLC. As to any implication that Green Tree Servicing, LLC is holder of the mortgage on Defendants' real property, such is denied. 2. Admitted. 3. Defendants admit that Defendants executed and delivered a mortgage (the "Mortgage") upon the premises at 118 Lighthouse Drive, Mechanicsburg, PA 17050, and that such Mortgage was duly recorded in the Office of the Recorder of Deeds for Cumberland County as Book 1972, Page 688. Defendants are, after reasonable investigation, without knowledge as to the subsequent assignment of the Mortgage to Plaintiff and proof thereof is requested at the trial of this matter. 4. Admitted. By way of further reply, this allegation refers to a writing which is the best evidence concerning the subject matter of such an allegation. 5. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and an accounting thereof is hereby demanded, if relevant, at the time of trial. 6. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and an accounting thereof is hereby demanded, if relevant, at the time of trial. Furthermore, Defendants specifically deny the amount set forth for late charges and attorneys' fees as Plaintiff has not established that such fees are fair and reasonable under the circumstances. Additionally, it is believed, and therefore averred, that such fees and costs are not reasonably related to the difficulty or extent of work necessary to 2 complete the litigation initiated in this matter, and proof thereof is demanded, if relevant, at the time of trial. 7. Defendants are without sufficient information to answer statements of Plaintiff's intention to assess fees and costs for this action in mortgage foreclosure. 8. Defendants are without sufficient information to answer statements of Plaintiff's intention to seek or to avoid seeking a judgment of liability against the Defendants or as to Plaintiff's reservation of rights. 9. This allegation is a conclusion of law to which no response is required. WHEREFORE, Defendants, Omar Barron and April S. Barron, hereby respectfully request this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendants such further relief as is just and proper. By: Date: June 20, 2013 Respectfully submitted, Robert E. Chernicoff, Esquire Attomey I.D. #23320 Gina L. Lauffer, Esquire Attorney I.D. #313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants 3 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of DEFENDANTS' ANSWER TO CIVIL ACTION - LAW/COMPLAINT IN MORTGAGE FORECLOSURE will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Salvatore Filippello, Esquire KML Law Group, P.C. Suite 5000- BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Date: June 20, 2013 B CUNNINGHAM & CHERNICOFF, P.C. F:1Nome1GLAUFFERIDOCS1Baroa. Omar & Ap[il\Answer to Complaint in Mtg Foreclosure.wpd Prepared By: CHERYL KING 3040 Newmark Drive Miamisburg Ohio 45342 Return To: National City Bank P.O. Box 8800 Dayton, OH 45401-8800 Parcel Number: Premises: 118 LIGHTHOUSE DR, MECHANICSBURG, Pennsylvania 17050 F: EERT p. LSE LFFt R P, OF DEE 2006 NOV 7 Afl 10 44 (Space Above TLta (Joe For Aecordl g Dahl MORTGAGE 0111111111111.1r DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 3, 2006 together with all Riders to this document. (B) "Borrower" is OMAR BARRON and APRIL S BARRON Husband and Wife Borrower is the mortgagor under this Security Instrument (C) "Lender" is National City Mortgage a division of National City Bank PENNSYLVANIA -Single F ly - Frim a MaWFredtle Mac UNIFORM INSTRUMENT 4111, -(PA) (rias) Pie 1 d16 haw.: VMP Male Sdmva, b.. (BOUj521-7291 J r 2 G 0 6 8 V Forms 3039 1/01 Lender is a National Backing Association organized and existing under the laws of United States Lender's address is 3232 Newmark Drive, Miamisburg, OH 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated November 3, 2006 The Note states that Borrower owes Lender ONE HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED & 00/100 Dollars (US $ 126, 400.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider ❑ Condominium Rider Q Second Home Rider Balloon Rider n Planned Unit Development Rider 1 1 I-4 Family Rider VA Rider 1 1 Biweekly Payment Rider L] Other(s) (specify] 11 (13) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions_ (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (3) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. 4111-6(rA) B 1972PG0689 Pegg 2 of16 Form 3039 1/01 (N) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) 'RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor t Interest of Borrower" means any party that has taken title to the Propel ty, whether or not that party has assumed Borrower' s obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: CO the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (u) the performance of Borrower' s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property Located in the County [Type of Recording Jurisdiction] of Berland [Name ofRecording Jurisdiction]: which currently has the address of 118 LIGHTHOUSE DR, MECHANICSBURG ("Property Address"): 'City), Pennsylvania 17050 [Street] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." int-6(PA) cam) BK 1972K0690 Page3 d 16 Form 3039 1101 1 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note_ Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note_ If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in 411t-6(PA) (0ss) rage 4 0(16 BK1 972E O69l Puna 3039 1/01 hill. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiume for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to bc paid under this Section. Borrower shall pay Le der the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrows is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bon -ower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or m any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 4st.6(PA) (mg) BKI972PG0692 Paw s,f I6 Form 3039 1101 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held m escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly diwharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the hen in, legal proceedings which in Lender' s opinion operate to prevent the enforcement of the hen while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement wtisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pert of the Property is subject to a lien which can attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5. Property Insurances Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower' s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one -tithe charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of aay fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1111t4(PA) (0508) Pose 6 d 16 1972PG0693 1 Form 3039 1/01 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower' s expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to bold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender' s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender' s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower' s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower' s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 411-6(PA) cos Bit 1972K069 . Page 7[116 T Fora 3039 1/01 6. Occupancy. Borrower shall occupy, establish and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower' s control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition_ Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower' s occupancy of the Property as Borrower' s principal residence. 9. Protection of Lender's Interest is the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender' s actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding, Securing the Property includes, but is not limited to, entering the Property to make repairs, change Iocks, replace or board up doors and windows, drain water from pipes, eliminate building or other, code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take . action under this Section 9, Lender does not have to do so and is not under anyduty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. --6(PA) ( EU 972P6O695, Page s 8176 Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower' s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the annum! Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. at-6(PA) osce) 1972PG0696 Page 9 of 16 Forst 3039 1/01 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the IvMlscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower_ In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be m default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material impairment of -6(PA) (6S1 ' Binge 10 of 16 K1972PC0691 1 Form 3039 1101 Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sutras secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrtmient by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer' s consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower chall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. -6(PA) (0308) Doge 11 d' 16 1972PG0698 Form 3934 1/01 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower' s change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fust class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender Shill mean and include corresponding neuter words or words of the feminine gender; (b) words m the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Benedieial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all semis secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sins secured by this Security Instrument If Borrower fails to pay these stens prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower' s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defauh of any other covenants or agreements; (c) pays all 41111t6(PA) (0500 Page I2 if 16 .t 972%0699 Fovea 339 1/01 expenses incurred w enforcing this Security Instrument, including but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply m the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a cbange in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will ruin with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party bas breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period atter the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph_ The notice of accelerationand opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to healthy safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ak-6(PA) (osoiJ sic 1972PG07Q0 Pose 13 arab Fawn 3039 1/01 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (mcliviing. but not limited to, hazardous substances m consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall Sive notice to Borrower prior to acceleration following g Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceieratkon ander Section 18 maims Applicable Law provides otherwise). Lender shalt notify Borrower of, among other things: (a) the default; (b) the action r+equlred to care the default (e) when the defanl must be cured; and (d) that failure to core the default as specified may result in acceleration of the sums secured by this Security Instrument, forecbsure by judic:bd proceeding and sale of the Property. Lender shall further inform Borrower of the right to reiastate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not end as specified, Lender at its option may reqake immediate payment in hill of all sums secured by this Security Instsaaseut without further demand and may foreclose this Security Instrument by judieid proceeding. Lender shall be entitled to collect all expenses incurred hr pursu*0g the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costa of Mk evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void_ After such occurrence, lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instilment, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption_ 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 41111-6(PA) mote Psst 14 0116 972PG0701 1 Fong 3039 3/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: MAR BARRON APRIL S BARRON (Seal) -Eioffower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrovrer (Seal) (Seal) -Borrower -Borrower 41111,4(PA) map 1972P60702 Age 151116 Forum 38311 1101 COMMONWEALTH OF PENNSYLVANIA, On this, the 3 r'"1 day of undersigned officer, personally appeared ©ma - BilfiRd n Ct sic County u: , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, My Commission Expires: C 110 le 8 Certificate of Residence 6Wer9 Lid 1,- Ti —k-- !J-& of Ofli the correct address of the within -named Mortgagee is ys3,91( Witness my band this 3 '1 lint6(PA) () 972PG07Q3 , do hereby certify that 3232 bfetonxirk� �iictwA day of /!/Ut»«! 'P &minfAia-- Loge— Agent of Mortgagee Page 16 of 16 Form 3039 1/01 SCHEDULE C LEGAL DESCRIPTION 10-20-1844-097 118 Lighthouse Drive Township of Hampden Cumberland County, Pennsylvania ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Lighthouse Drive at the Northwest comer of Lot No. 14, Block "C", as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 13 and 14, Block "C" on said Plan, North 55 degrees 21 minutes East, one hundred twenty (120) feet to a point; thence North 34 degrees 39 minutes West, ninety (90) feet to a point; thence by the dividing line between Lot Nos. 12 and 13, Block "C" on said Plan, South 55 degrees 21 minutes West, one hundred twenty (120) feet to a point on the Eastern line of Lighthouse Drive, South 34 degrees 39 minutes East, nincty (90) feet to a point, the place of BEGINNING. BEING Lot No. 13, Block "C", in the Plan of Lots of Pinebrook Heights, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 18, at Page 62. HAVING thereon erected a single family dwelling house. BEING THE SAME PREMISES which Regent Construction Co. by Deed dated September 12, 1967 and recorded September 14, 1967 in the Reconder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book M-22, Page 799, granted and conveyed unto William M. Meehan, Jr. and Jeanette S. Meehan. 1 Certify this to be recorded o de In Cumberland County PA "f;04-• 72%07 ecorder of Deeds 0 76'3(0 Prepared by: Jessica Fretwell/NTC,2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 Return To: Green Tree Servicing LLC C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 GTS Investor UPI#: 10-20-1844-097 Effective Date 11/01/2009 ASSIGNMENT OF MORTGAGE Il!1!MrrtfllRll FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER National City Mortgage a Division of National City Bank, WHOSE ADDRESS IS 3232 Newmark Drive, Miamisburg, OH 45342, (ASSIGNOR)„ by these presents does convey, grant, sell, assign, transfer and set over the described mortgage together with the certain note(s) described therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to GREEN TREE SERVICING LLC, WHOSE ADDRESS IS 7360 S KYRENE RD, T325, TEMPE, AZ 85283, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said mortgage dated 11/03/2006, in the amount of $126,400.00 made by OMAR BARRON AND APRIL S BARRON to NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK recorded on , in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1972, Page 0688 (or Document No.) Mortgage Premise:118 LIGHTHOUSE DR TWP. OF HAMPDEN MECHANICSBURG, PA 17050 In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by VILMA CASTRO its VICE PRESIDENT and authorized signer, 02/18/2010 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER National City Mortgage a Division of National City Bank By: VILMA CASTRO VICE PRESIDENT uiinifiiiiiiiiifi�uiiuiimu1111 rur ,S,FRMPAI Loan Number STATE OF FLORIDA COUNTY OF PINELLAS On 02/18/2010, before me, CHRISTOPHER JONES the Undersigned, Notary Public, personally appeared VILMA CASTRO who acknowledged to be the VICE PRESIDENT of PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER National City Mortgage a Division of National City Bank a corporation, and that s/he as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves -as such corporate officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CHRISTOPHER JONES Notary Public My commission expires: 08/03/2012 Christopher Jones Notary Public, State of Florida Commission # DD 811078 Expires August 03, 2012 -Bonded Through National Notary Assn. Assignment of Mortgage from: PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER National City Mortgage a Division of National City Bank, WHOSE ADDRESS IS 3232 Newmark Drive, Miamisburg, OH 45342, (ASSIGNOR), to: GREEN TREE SERVICING LLC, WHOSE ADDRESS IS 7360 S KYRENE RD, T325, TEMPE, AZ 85283, 1TS SUCCESSORS OR ASSIGNS, (ASSIGNEE) Mortgagor:OMAR BARRON AND APRIL S BARRON When Recorded Return To: Green Tree Servicing LLC C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 All that certain lot or piece of ground situated in Mortgage Premise: 118 LIGHTHOUSE DR TWP. OF HAMPDEN MECHANICSBURG, PA 17050 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more .+ icularly described in said mortgage. Lora/ff_ LLC, WHe :• ASSIGNS, ` I. ) , do certify that the address of the above assignee is: GREEN TREE SERVICING S IS 7360 S KYRENE RD, T325, TEMPE, AZ 85283, ITS SUCCESSORS OR MOM GTSGA 11372456 CJ2446385 N4 fnnn5/FRMPA ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201007686 Recorded On 329/2010 At 11:21:34 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 62988 User ID - AF * Mortgagor - BARRON, OMAR *Mortgagee - GREEN SERVICING LLC * Customer - NATIONWIDE * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 *Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 70 RECORDER OI DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111lld�lsl EX November 3 , 2006 (Date) NOTE LANCASTER ICityl 118 LIGHTHOUSE DR, MECHANICSBURG, Pennsylvania 17050 [Property Address] PA [tee) .01 'i: 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 126 , 400.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is National City Mortgage a division of National City Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.' 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 1 PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month begirming on December 1 , 2006 .1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2036 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my nonthly payments at National City Mortgage Co. PO Box 533510, Atlanta, GA 30353-3510 or ata different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 798.94 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to. the accrued and unpaid interest on the Prepayment amount„before applying .my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE -Single Family- Fannie NWT/Freddie Mac UNIFORM INSTRUMENT ' Form 3200 1101 Wolters Kluwer Financial Services VMP 0-5N (own) of Page 1 d3 ailith �1f� 1111 Ilse 11 s�� 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted Limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by, a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid beck by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me tinder this Note will be given by delivering it or by mailing it by first class mall to me at Ute Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by fast class mail to the Note Holder at the address stated in Section 3(A) above ur at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the frill amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due, "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid VMP„®r.SN (omryoi Form 32001 ':e.& ./ 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the- Note heNote Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes bow and under what conditions I may be required to make inunediate payment in full of all amounts 1 owe under this Note. Some of those conditions are describcd as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. ]f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. OMAR BARRON 567474681 PAT TO THE ORDER OF RAT1ONr;L CITY MORTGAGE CO A £UOS± IARY OF FATIM AL CITY BATIK WiTtti ui T BECOURR 'NATIONAL c (Seal) -Borrower ORTGAGE, A DIVISION OF LOAN REVIEW AOIAIHI (Seal) APRIL S BARRON -Borrower 165727727 (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower PAY TO THE ORDER OF WITHOUT RECOURSE NATIONAL CITY h ORTGAGE CO A SUMMARY Of 1 1 K1NP.L CITY RAh1K EL?NGA JOROA LOAN REVIEWADRA (Seal) (Seal) -Borrower -Borrower [Sign Original OW VMP ®-SN g000.01_ . 0.ge3af3 Form 3200 I/01 IRAN NUMBER: 11111.11111. ASSIGNMENT OF DEED OF TRUST AND PROMISSORY NOTE FOR VALUE RECEIVED, National City Mortgage, a division of National City Bank , a National Banking Association, 3232 Newmark Drive, Miamisburg, Ohio 45342, hereby sells, transfers, sets over, and assigns to: National -City Mortgage Co. a subsidiary of National City Bank National City Mortgage, a division of National City Bank entire right, title, and interest in and to the following described Deed of Trust (the Deed of Trust) and promissory note (the Promissory Note) which are dated November 3, 2006 , and are in the original principal amount of $ 126, 400.00 . The Deed of Trust is described and identified by the following name(s) of the mortgagor(s), the date of recording, instrument number, and/or book number as recorded in Cumberland County, Pennsylvania MORTGAGOR(S) OMAR BARRON APRIL S BARRON INSTRUMENT NUMBER BOOK & PAGE IN TESTIMONY WHEREOF, saidiational City Mortgage, a division of National City Bank has hereunto set its hands this 13 day of November 2006 . STATE OF OHIO ) SS: COUNTY OF WARREN National C i Mortgage, a divie f Neer at o is � PAPAeir Name: TERRY BENNEPl-BADER Title: LOAN REVIEW ADMINISTRATOR By: On this 13 day of November , 2006 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared TERRY BENNETT-BADER , the LOAN REVIEW ADMINISTRATOR for and on behalf of National City Mortgage, a division of National City Bank , and duly authorized to do so acknowledged the execution of the foregoing Assignment of Deed of Trust and Promissory Note as its voluntary act and deed for the uses and purposes therein contained. My Commission Expires: KRISTINE N BROWN Notary Public 03/22/07 My County of Residence: This Instrument Prepared by: National City Bank Return to: National City Bank P.O.' Box 8800 Dayton,- OH 45401-8800 ASS1NWD MOO WARREN 805127 NCMC Loan Number: 4915277 ASSIGNMENT OF MORTGAGE AND PROMISSORY NOTE FOR VALUE RECEIVED, National City Mortgage Co., an Ohio Corporation, 3232 Newmark Drive, Miamisburg, Oh. 45342 (NCMC), hereby sells, transfers, sets over, and assigns to: FANNIE MAE MAIL DRAWER: ASSIGNMENTS 3900 WISCONSIN AVENUE, NW WASHINGTON, DC 20016 NCMC's entire right, title, and interest in and to the following described mortgage (the Mortgage) and promissory note (the Promissory Note) which are dated November 3,2006. and are in the original principal amount of $. 126,400.00. The Mortgage is described and identified by the following name(s) of the mortgagor(s), the date of recording, instrument number, and/or book number as recorded in Cumberland County, PA MORTGAGOR(S) OMAR BARRON APRIL S BARRON INSTRUMENT NUMBER BOOK PAGE IN TESTIMONY WHEREOF, said NATIONAL CITY MORTGAGE CO. has hereunto set its bands this date, January 3, 2007. WITNESS: NATIONAL CITY MORTGAGE CO STA 10 '-/) SS: COUNTY OF MONTGOMERY) Name: LIS'E JO •N Title: LOAN REVIEW ADMINISTRATOR On this date, January 3, 2007. before me, the undersigned, a Notary Public in and for said County and State, personally appeared LIS'E JOHNSON. the LOAN REVIEW ADMINISTRATOR for an on behalf of National City Mortgage Co. and duly authorized to do so acknowledged the execution of the foregoing Assignment of Mortgage and Promissory Note as its voluntary act and deed for the uses and purposes therein contained. My Commission Expires: 08/06/2011 4nu,"" EEN A /� E Notary Public My County of Residence: MONTGOMERY This Instrument Prepared by: NATIONAL CITY MORTGAGE CO. Return To: National City Mortgage Co. Tran Date Tran Amt Code Due Date Total Prin Due Interest Insurance Escrow Late Chg CoII Unapplied Fee Amt 11/02/2009 0.00 207 Payment:Escrow Credit C 11/01/2009 -78.91 0.00 0.00 0.00 -78.91 0.00 0.00 78.91 39.95 QST Acq Servicing TransferrE 11/01/2009 39.95 0.00 0.00 0.00 0.00 39.95 0.00 0.00 121, 969.52 QST Acq Servicing TransferrE 11/01/2009 121, 969.52 121, 890.61 0.00 0.00 78.91 0.00 0.00 0.00 0 0 10/27/2009 -101.12 210 Disbursement:Escrow Or 11/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 78.91 207 Payment:Escrow Credit C 11/01/2009 78.91 0.00 0.00 0.00 78.91 0.00 0.00 0.00 0 0 10/26/2009 -101.12 210 Disbursement:Escrow Or, 10/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 10/22/2009 -522.00 210 Disbursement: Escrow Or, 11/01/2009 -522.00 0.00 0.00 0.00 -522.00 0.00 0.00 0.00 -101.12 210 Disbursement:Escrow Or, 09/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 10/19/2009 1,077.71 100 Payment: Cash 10/01/2009 1,065.71 137.95 660.99 0.00 266.77 0.00 0.00 12.00 0 0 10/16/2009 -39.95 QFA Acq Fee Assessed (W/L 10/01/2009 -39.95 0.00 0.00 0.00 0.00 -39.95 0.00 0.00 0 0 09/24/2009 -101.12 210 Disbursement:Escrow Or, 08/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 09/15/2009 4.29 120 Payment:Prin Only-Cash 10/01/2009 4.29 4.29 0.00 0.00 0.00 0.00 0.00 0.00 1,065.71 100 Payment: Cash 09/01/2009 1,065.71 137.19 661.75 0.00 266.77 0.00 0.00 0.00 0 0 08/21/2009 -101.12 210 Disbursement:Escrow Or 07/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 08/17/2009 1,077.71 100 Payment: Cash 08/01/2009 1,065.71 136.45 662.49 0.00 266.77 0.00 0.00 12.00 0 0 08/13/2009 -1,181.05 210 Disbursement:Escrow Or 08/01/2009 -1,181.05 0.00 0.00 0.00 -1,181.05 0.00 0.00 0.00 0 0 07/22/2009 -101.12 210 Disbursement:Escrow Or 06/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 07/16/2009 1,077.71 100 Payment:Cash 07/01/2009 1,065.71 135.71 663.23 0.00 266.77 0.00 0.00 12.00 0 0 07/10/2009 39.95 QFW Acq Fee Waiver (W/Lat 07/01/2009 39.95 0.00 0.00 0.00 0.00 39.95 0.00 0.00 0 0 07/09/2009 -39.95 QFA Acq Fee Assessed (W/L 07/01/2009 -39.95 0.00 0.00 0.00 0.00 -39.95 0.00 0.00 O 0 06/17/2009 -101.12 210 Disbursement:Escrow Or 05/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 06/10/2009 4.29 120 Payment:Prin Only-Cash 07/01/2009 4.29 4.29 0.00 0.00 0.00 0.00 0.00 0.00 1,065.71 100 Payment:Cash 06/01/2009 1,065.71 134.96 663.98 0.00 266.77 0.00 0.00 0.00 O 0 05/21/2009 -101.12 210 Disbursement:Escrow Or 04/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 05/07/2009 4.29 120 Payment:Prin Only -Cash 06/01/2009 4.29 4.29 0.00 0.00 0.00 0.00 0.00 0.00 1,065.71 100 Payment: Cash 05/01/2009 1,065.71 134.21 664.73 0.00 266.77 0.00 0.00 0.00 0 0 04/23/2009 -101.12 210 Disbursement:Escrow Or, 03/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 04/17/2009 -327.01 210 Disbursemenf:Escrow Or, 04/01/2009 -327.01 0.00 0.00 0.00 -327.01 0.00 0.00 0.00 0 0 04/13/2009 4.29 120 Payment:Prin Only -Cash 05/01/2009 4.29 4.29 0.00 0.00 0.00 0.00 0.00 0.00 1,065.71 100 Payment:Cash 04/01/2009 1,065.71 133.46 665.48 0.00 266.77 0.00 0.00 0.00 0 0 03/24/2009 -101.12 210 Disbursement:Escrow Or 02/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 03/16/2009 1,077.71 100Paymenf:Cash 03/01/2009 1,065.71 132.74 666.20 0.00 266.77 0.00 0.00 12.00 O 0 02/24/2009 -101.12 210 Disbursement:Escrow Or, 01/01/2009 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 02/17/2009 1,077.71 100 Payment: Cash 02/01/2009 1,065.71 132.03 666.91 0.00 266.77 0.00 0.00 12.00 O 0 01/22/2009 -101.12 210 Disbursement:Escrow Or 12/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 01/14/2009 1,077.71 100Payment.Cash 01/01/2009 1,065.71 131.32 667.62 0.00 266.77 0.00 0.00 12.00 O 0 12/19/2008 35.93 100 Payment:Cash 01/01/2009 35.93 0.00 0.00 0.00 35.93 0.00 0.00 0.00 0 0 12/18/2008 -101.12 210 Disbursement:Escrow Or 11/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 12/15/2008 1,075.31 100Payment:Cash 12/01/2008 1,063.31 130.61 668.33 0.00 264.37 0.00 0.00 12.00 0 0 11/14/2008 1,075.31 100 Payment:Cash 11/01/2008 1,063.31 129.90 669.04 0.00 264.37 0.00 0.00 12.00 O 0 11/13/2008 -101.12 210 Disbursement:Escrow Or 10/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 10/29/2008 -522.00 210 Disbursement:Escrow Or 11/01/2008 -522.00 0.00 0.00 0.00 -522.00 0.00 0.00 0.00 0 0 10/20/2008 -101.12 210 Disbursement:Escrow Or 09/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 10/16/2008 1,075.31 100 Payment: Cash 10/01/2008 1,063.31 129.20 669.74 0.00 264.37 0.00 0.00 12.00 o 0 09/19/2008 -101.12 210 Disbursement.Escrow Or 08/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 09/17/2008 -1,152.24 210 Disbursement:Escrow Or 08/01/2008 -1,152.24 0.00 0.00 0.00 -1,152.24 0.00 0.00 0.00 O 0 09/16/2008 1,075.31 100 Payment:Cash 09/01/2008 1,063.31 128.51 670.43 0.00 264.37 0.00 0.00 12.00 0 0 08/15/2008 1,075.31 100 Payment: Cash 08/01/2008 1,063.31 127.82 671.12 0.00 264.37 0.00 0.00 12.00 O 0 08/14/2008 -101.12 210 Disbursement:Escrow Or 07/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 07/15/2008 1,075.31 100 Payment:Cash 07/01/2008 1,063.31 127.13 671.81 0.00 264.37 0.00 0.00 12.00 0 0 07/10/2008 -101.12 210 Disbursement: Escrow Or 06/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 06/13/2008 1,068.31 100 Payment: Cash 06/01/2008 1,063.31 126.44 672.50 0.00 264.37 0.00 0.00 5.00 -101.12 210 Disbursement:Escrow Or, 05/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 05/16/2008 1,075.31 100 Paymenf:Cash 05/01/2008 1,063.31 125.76 673.18 0.00 264.37 0.00 0.00 12.00 0 0 05/14/2008 -101.12 210 Disbursement:Escrow Or 04/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 04/23/2008 -313.50 210 Disbursement: Escrow Or 04/01/2008 -313.50 0.00 0.00 0.00 -313.50 0.00 0.00 0.00 O 0 04/15/2008 -101.12 210 Disbursement:Escrow Or 03/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 04/14/2008 6.69 120 Payment:Prin Only -Cash 05/01/2008 6.69 6.69 0.00 0.00 0.00 0.00 0.00 0.00 1,063.31 100 Paymenf:Cash 04/01/2008 1,063.31 125.05 673.89 0.00 264.37 0.00 0.00 0.00 O 0 03/19/2008 -101.12 210 Disbursement:Escrow Or 02/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 O 0 03/14/2008 1,075.31 100 Payment:Cash 03/01/2008 1,063.31 124.37 674.57 0.00 264.37 0.00 0.00 12.00 O 0 02/18/2008 0.09 120 Payment:Prin Only -Cash 03/01/2008 0.09 0.09 0.00 0.00 0.00 0.00 0.00 0.00 1,063.31 100 Payment:Cash 02/01/2008 1,063.31 123.70 675.24 0.00 264.37 0.00 0.00 0.00 0 0 02/14/2008 -101.12 210 Disbursemenf:Escrow Or, 01/01/2008 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 01/17/2008 -101.12 210 Disbursemenf:EscrowOr 12/01/2007 -101.12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 01/07/2008 6.69 120 PaymentPrin Only -Cash 02/01/2008 6.69 6.69 0.00 0.00 0.00 0.00 0.00 0.00 1,063.31 100 PaymentCash 01/01/2008 1,063.31 123.00 675.94 0.00 264.37 0.00 0.00 0.00 0 0 12/19/2007 -101.12 210 Disbursement:Escrow Or 11/01/2007 -101,12 0.00 0.00 0.00 -101.12 0.00 0.00 0.00 0 0 12./07/2007 0.00 120 PaymentPrin Only -Cash 01/01/2008 6.84 6.84 0.00 0.00 0.00 0.00 -6.84 0.00 0.00 100 Payment:Cash 12/01/2007 1,063.16 122.30 676.64 0.00 264.22 0.00 -1063.16 0.00 0 0 12/06/2007 470.00 100 Payment:Cash 12/01/2007 0.00 0.00 0.00 0.00 0.00 0.00 470.00 0.00 Tran Date Tran Amt Code I Cat Due Date Total Prin Due Interest Ins Escrow Late Advnc UAF Back Date 07/09/13 -200.00 211 -INS In 16 Ac -200.00 0.00 -1,500.00 211 -INS In 16 Ac -1,500.00 0.00 -100.00 211 -INS In 16 Ac -100.00 0.00 -103.75 211 -INS In 16 Ac -103.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 -200.00 0.00 1,500.00 0.00 -100.00 0.00 -103.75 03/21/13 -394.35 210 -ESC E E8 E -394.35 0.00 0.00 0.00 -394.35 0.00 0.00 03/21/13 09/29/12 1,023.75 118-Paymc UF U09/01/12 1,023.75 166.91 632.03 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 09/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,023.75 109 -PMT F 57 SI 1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1023.75 09/27/12 -730.00 210 -ESC E F7 E: -730.00 0.00 0.00 0.00 -730.00 0.00 0.00 09/27/12 08/31/12 1,023.75 118-Paymc UF U 08/01/12 1,023.75 166.01 632.93 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 08/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,059.89 109 -PMT F 57 Si 1,059.89 0.00 0.00 0.00 0.00 0.00 0.00 08/30/12 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1059.89 07/31/12 1,099.74 109 -PMT F 57 Si 07/01/12 1,023.75 164.97 633.97 0.00 224.81 0.00 0.00 109 -PMT F 57 SI 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.99 07/27/12 -1,414.35 210 -ESC E E9 E -1,414.35 0.00 0.00 0.00 1,414.35 0.00 0.00 07/27/12 06/15/12 36.05 A20 -PRN I UF U 06/15/12 36.05 36.05 0.00 0.00 0.00 0.00 0.00 -36.05 218-Disbui UF U 07/01/12 -36.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -36.05 1,101.64 118-Paymc OF U 06/01/12 1,101.64 164.03 634.91 0.00 224.81 77.89 0.00 0.00 -1,101.64 218-Disbur OF U 06/01/12 -1,101.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1101.64 1,013.55 109 -PMT F 57 Si 1,013.55 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1013.55 05/30/12 1,023.75 118-Paymc UF U 05/01/12 1,023.75 163.14 635.80 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 05/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 06/15/12 06/14/12 1, 070.00 109 -PMT F 57 SF 1,070.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1070.00 04/30/12 1,023.75 118-Paymc UF U 04/01/12 1,023.75 162.27 636.67 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 04/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,061.70 109 -PMT F 57 S1 1,061.70 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1061.70 04/20/12 -357.19 210 -ESC E E8 E: -357.19 0.00 0.00 0.00 -357.19 0.00 0.00 03/30/12 1,023.75 118-Paymc UF U 03/01/12 1,023.75 161.39 637.55 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 03/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,023.75 109 -PMT F 57 S1 1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1023.75 02/29/12 1,023.75 118-Paymc UF U 02/01/12 1,023.75 160.52 638.42 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur UF U 02/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,023.75 109 -PMT F 57 SF 1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1023.75 01/31/12 1,023.75 118-Paymc OF U 01/01/12 1,023.75 159.66 639.28 0.00 224.81 0.00 0.00 0.00 -1,023.75 218-Disbur OF U 01/01/12 -1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1023.75 1,023.75 109 -PMT F 57 SF 1,023.75 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1023.75 12/30/11 1,012.34 118-Paymc OF U 12/01/11 1,012.34 158.80 640.14 0.00 213.40 0.00 0.00 0.00 -1,012.34 218-Disbur UF U 12/01/11 -1,012.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1012.34 1,012.34 109 -PMT F 57 SF 1,012.34 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1012.34 11/30/11 1,052.28 109 -PMT F 57 S1 11/01/11 1,012.34 157.94 641.00 0.00 213.40 0.00 0.00 109 -PMT F 57 SE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 39.94 10/15/11 1,012.34 109 -PMT F 57 SF 10/01/11 1,012.34 157.09 641.85 0.00 213.40 0.00 0.00 04/20/12 02/28/12 09/28/11 -682.00 210 -ESC E F7 E: -682.00 0.00 0.00 0.00 -682.00 0.00 0.00 09/15/11 1,012.34 109 -PMT F 57 SF 09/01/11 1,012.34 156.24 642.70 0.00 213.40 0.00 0.00 08/15/11 1,012.34 109 -PMT F 57 Si 08/01/11 1,012.34 155.40 643.54 0.00 213.40 0.00 0.00 08/11/11 -1,390.81 210 -ESC E E9 E: -1,390.81 0.00 0.00 0.00 1,390.81 0.00 0.00 07/15/11 1,012.34 109 -PMT F 57 Si 07/01/11 1,012.34 154.57 644.37 0.00 213.40 0.00 0.00 06/16/11 -20.00 210 -ESC E 39 N; -20.00 0.00 0.00 0.00 -20.00 0.00 0.00 06/15/11 7.66 A20 -PRN f UF U 06/15/11 7.66 7.66 0.00 0.00 0.00 0.00 0.00 -7.66 218-Disbur UF U 07/01/11 -7.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -7.66 1,040.00 109 -PMT F 57 SF 06/01/11 1,032.34 153.69 645.25 0.00 233.40 0.00 0.00 109 -PMT F 57 Si 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.66 05/13/11 1,025.66 118-Paym UF U 05/01/11 1,025.66 152.86 646.08 0.00 213.40 13.32 0.00 0.00 -1,025.66 218-Disbur UF U 05/01/11 -1,025.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1025.66 1,012.34 109 -PMT f 57 SF 1,012.34 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1012.34 04/22/11 1,025.66 109 -PMT F 57 Si 04/01/11 1,012.34 152.04 646.90 0.00 213.40 0.00 0.00 109 -PMT F 57 Si 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UAF-Unap, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.32 04/21/11 -1,025.66 N00 -NSF F N8 N 04/01/11 -1,025.66 -152.04 -646.90 0.00 -213.40 -13.32 0.00 04/15/11 1,025.66 109 -PMT F 57 SF 04/01/11 1,025.66 152.04 646.90 0.00 213.40 13.32 0.00 03/16/11 -357.19 210 -ESC E E8 E: -357.19 0.00 0.00 0.00 -357.19 0.00 0.00 03/15/11 1,012.34 109 -PMT F 57 SF 03/01/11 1,012.34 151.22 647.72 0.00 213.40 0.00 0.00 02/15/11 1,012.34 109-PMTf57S,02/01/11 1,012.34 150.41 648.53 0.00 213.40 • 0.00 0.00 09/28/11 08/11/11 06/15/11 04/15/11 03/16/11 01/13/11 1,012.34 109 -PMT F 57 S, 01/01/11 1,012.34 149.60 649.34 0.00 213.40 0.00 0.00 12/10/10 981.42 109 -PMT F 57 Si 12/01/10 981.42 148.79 650.15 0.00 169.17 13.31 0.00 11/12/10 981.42 109 -PMT F 57 S; 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Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-1782 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers were served by first class mail, postage pre -paid upon the following on the date listed below: Date: \j \CAVA Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 1. yn J 1 1. lti . ! ��. k Litigation Paralegal TEL: 215-825-6336 FAX: 215-825-6436 EMAIL: jjamieson@kmllawgroup.com KIVIL Law Group, P.C. BY: Jill P. Jenkins, Esquire Attorney I.D. #306588 Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 'a r. No. 13-1782 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Nathan C. Wolf, Esquire 10 West High Street, Carlisle, PA 17013 (Name and Address) (b) for defendant: Robert E. Chernicoff, Esquire, 2320 North Second Street, Harrisburg, PA 17110 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. Yes 4. Argument Court Date: Date: Jill P. Jenkins, Esquire aN,+ s 19.-15Et CA,07lor►o � � 30-1,O 89 f4. FILED -OFFICE OF THE PROT'HONOTATO 20111 JUL I 0 AM 10: 06 CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE SERVICING, LLC : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION MORTGAGE FORECLOSURE v. NO. 13-1782 - CIVIL OMAR BARRON and APRIL S. BARRON, Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW COME the Defendants, Omar Barron and April S. Barron (the "Defendants"), by and through their counsel, Cunningham & Chernicoff, P.C., and submit their Answer to the Plaintiff's Motion for Summary Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. By way of further response, the Answer Defendants filed on or about June 20, 2014 raises three issues of material fact: (1) whether Plaintiff's alleged assignment of the Defendants' mortgage is a valid assignment; (2) whether Plaintiff properly credited all of Defendants' mortgage payments; and (3) whether the amount Plaintiff sets forth for late charges and attorneys' fees is fair and reasonable under the circumstances. See Exhibit B to Plaintiff's Motion for Summary Judgment, Paragraphs 3, 5 & 6. 5. Denied. By way of further response, Plaintiff's testimonial Affidavit is insufficient to establish the absence of a genuine issue of material fact. Nanty-Glo v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932). WHEREFORE, Defendants, Omar Barron and April S. Barron, hereby respectfully request that this Honorable Court dismiss Plaintiffs Motion for Summary Judgment and grant Defendants such further relief as is just and proper. Respectfully submitted, Date: July 2014 C �► HAM & CHERNICOFF, P.C. Jz_ Chernicoff, Esquire Attorney I.D. #23320 Gina L. Lauffer, Esquire Attorney I.D. #313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants 2 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of DEFENDANTS' ANSWER TO CIVIL ACTION - LAW/COMPLAINT IN MORTGAGE FORECLOSURE will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Jill P. Jenkins, Esquire KML Law Group, P.C. Suite 5000- BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Date: July 9 , 2014 B CUNNINGHAM & CHERNICOFF, P.C. al4tAtiLto Julieanne Ametrano F:\Home\GLAUFFER\DOCS\Barron, Omar & April\Green Tree Servicing\Answer to Motion for Summary Judgment.wpd KML Law Group, P.C. BY: Jill P. Jenkins, Esquire Attorney I.D. #306588 Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 13-1782 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: rn rn --r-- cr.) _ cr.) C-, 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to' complaint, etc.):#,. Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Nathan C. Wolf, Esquire 10 West High Street, Carlisle, PA 17013 (Name and Address) (b) for defendant: Robert E. Chernicoff, Esquire, 2320 North Second Street, Harrisburg, PA 17110 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. Yes -r 4. Argument Court Date: September 26, 2014 Date: I \A SignituV Jill P. Jenkins, Esquire KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-1782 OMAR BARRON and APRIL S. BARRON Mortgagors and Record Owners 118 Lighthouse Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of Argument Praecipe were served by first class mail, postage pre -paid upon the following on the date listed below: Date: Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 JaineJamieso Litigation Paralegal TEL: 215-825-6336 FAX: 215-825-6436 EMAIL: jjamieson@kmllawgroup.com FILED -OFFICE. ICL OF THE PROTHONO TAIL 20 R SEP 3 0 illi 11 E 2 CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE SERVICING, LLC IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION MORTGAGE FORECLOSURE v. NO. 13-1782 - CIVIL OMAR BARRON and APRIL S. BARRON, Defendants PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Gina L. Lauffer, Esquire only on behalf of OMAR BARRON and APRIL BARRON. Robert E. Chernicoff, Esquire and the law firm of Cunningham & Chernicoff, P.C. will continue to represent OMAR BARRON and APRIL BARRON in the above -captioned action. Respectfully submitted, C ► GHAM & CHERNICOFF, P.C. By: L. Lauffer, Esquire PA Supreme Court ID No: 313863 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorney for Defendants Date: September zq, 2014 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PRAECIPE TO WITHDRAW APPEARANCE in the above -captioned matter was served by first class U.S. Mail to the following: Jill P. Jenkins, Esquire KML Law Group, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 CUNNINGHAM & CHERN COFF, P.C. Date: September 2q, 2014 By: ulieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\GLAUFFER\DOCS\Barron, Omar & April\Green Tree Servicing\Praecipe to Withdraw Appearance.wpd GREEN TREE SERVICING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA c-) r----, = c - V. --a a ------ —1 rn CZ = OMAR BARRON AND APRIL S. BARRON DEFENDANTS : 13-1782 CIVIL TERM <L -D -o p•c--., - c-3- _... Z cD 5: CZ r) , r 7 IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 77 BEFORE GUIDO, J., MASLAND J. ORDER OF COURT AND NOW, this 42 clay of November, 2014, upon consideration of Plaintiff's Motion for Summary Judgment, the parties' briefs, and following oral argument held en banc. IT IS HEREBY ORDERED AND DIRECTED that Plaintiffs Motion for Summary Judgment is GRANTED in Mortgage Foreclosure and judgment shall be entered in favor of the Plaintiff in the amount of $121,591.19, together with interest at the rate of $20.75 per diem from September 1, 2012, to the entry of judgment, plus costs as provided by law. By the Court, Albe H. Mas and, J. P. Jenkins, Esquire For Plaintiff --4obert E. Chernicoff, Esquire For Defendants C-0 l'ES P2-424-11-SCL /I 4w p GREEN TREE SERVICING, LLC, PLAINTIFF V. OMAR BARRON AND APRIL S. BARRON DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : 13-1782 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J., MASLAND J. OPINION AND ORDER OF COURT Masland, J., November 12, 2014: -- In this civil case, Plaintiff has sued Defendants in Mortgage Foreclosure in the amount of $121,591.19. For the reasons set forth in this opinion, Plaintiff's Motion for Summary Judgment is granted. I. Statement of Facts and Procedural History On November 3, 2006, Defendants, Omar Barron and April S. Barron, executed and delivered a Promissory Note (hereinafter Note) in the amount of $126,400.00 plus interest in consideration of the loan for the purchase of a home at 118 Lighthouse Drive, Mechanicsburg, PA 17050.1 On the same day, Defendants made, executed and delivered a Mortgage as security for the loan to National City Mortgage, a division of National City Bank.2 This Mortgage was then recorded in the Office of Recorder of Deeds of Cumberland County.3 Three years later, National City Mortgage assigned the 1 Exhibit C and Complaint Paragraph 3. 2 Exhibit C. 3 Complaint ¶3. 13-1782 CIVIL TERM Mortgage and Note to the Plaintiff.4 This assignment was recorded on March 29, 2010 as Instrument Number 201007686.5 Defendants defaulted on the Mortgage beginning October 1, 2012, and each month thereafter by failing to make the required monthly payments of principal and interest dues Plaintiff filed the complaint on April 5, 2013.7 Defendants filed an answer on June 20, 2013.8 Ultimately, Plaintiff filed the instant Motion for Summary Judgment on June 10, 2014.9 11. Discussion A. Standard of Review Summary judgment is proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits on file demonstrate that no genuine issue of material fact exist and that the moving party is entitled to judgment as a matter of law. Pa. R.C.P. No. 1035.2(1). Furthermore, the record must be viewed in the light most favorable to the nonmoving party, and all doubts as to the presence of a genuine issue of material fact must be resolved against the moving party. Albright v. Abington Mem. Hosp., 696 A.2d 1159, 1165 (Pa. 1997). In a mortgage foreclosure action, summary judgment is proper where the mortgagor admits the mortgage is in default, he or she has failed to pay interest on the mortgage obligation, and the recorded mortgage is in the specified amount. Cunningham v. McWilliams, 714 A.2d 1054, 1057 (Pa. Super. 1998). Summary 4 Exhibit D. 5 Complaint ¶3. 6 Complaint 4115. 7 See Notice Attached to Complaint. 8 Answer to Complaint in Mortgage Foreclosure. 9 Plaintiffs Motion for Summary Judgment. -2- 13-1782 CIVIL TERM judgment is proper even if the mortgagors have not admitted the entire amount of indebtedness in their pleadings. Id. When seeking to avoid summary judgment, the non-moving party cannot rest solely on the averments of the pleadings, but must demonstrate a genuine issue for trial through affidavits, admissions, answers to interrogatories, or other specific factual evidence. Pa. R.C.P. No. 1035.2(1). In addition, averments in a responsive pleading are deemed admitted when not denied specifically or by general implication. Pa. R.C.P No. 1029(b). B. Analysis After careful review of the record, we find summary judgment is proper. Defendants admit to executing the Mortgage, but contend that the Note is not properly indorsed to the Plaintiff. Indorsement is the procedure used to transfer or assign a security from one person to another.10 Defendants assert that because of the improper indorsement, Plaintiff does not legally possess the Note and thus does not have the right to enforce it. However, it is not disputed the Note is a negotiable instrument. As a negotiable instrument, the chain of possession is immaterial to its enforceability, so long as the person trying to enforce the instrument holds the instrument. JP Morgan Chase Bank, N.A. v. Murray, 63 A.3d 1258, 1265-66 (Pa. Super. 2013). A person holds the instrument if: the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and the holder took the instrument for value and in good faith. Id. 10 3-30 Pennsylvania Transaction Guide --Legal Forms § 30.200 -3- r 13-1782 CIVIL TERM Here, the Plaintiff has included a document showing the Assignment of the instrument from National City Bank dated 11/01/2009 as Exhibit D. There is no evidence to suggest that the document has been forged or altered. Therefore, the chain of possession is immaterial. Defendants further contend that there is a material issue because all their payments have not been credited to the account. Yet, Plaintiff has attached a copy of the transaction history to the Motion for Summary Judgment and Defendants have not put forth any specific factual evidence to refute this transaction history. Defendants also assert that the amount set forth for late charges and attorney's fees is an issue of material fact. However, the Defendants have not put forth any specific evidence to refute the calculation of attorney's fees. Finally, Defendants argue that the Plaintiff's affidavit cannot serve as a basis for summary judgment. The Defendants cite Nanty-Glo v. Am. Sur. Co., 163 A. 523 (Pa. 1932), to support this proposition. In Nanty-Glo the Pennsylvania Supreme Court, held that "however, clear and indisputable may be the proof, when it depends on oral testimony, it is up to the jury to decide if the testimony is true." Id. at 524. In Nanty-Glo the Plaintiff's only evidence was the oral testimony of two witnesses. Id. The instant case is distinguishable because the Plaintiff provides documentary proof of the Assignment of both the Mortgage and Note as evidence to support summary judgment. The affidavit serves to corroborate these documents. Therefore, summary judgment is not prohibited in this case. -4- 13-1782 CIVIL TERM ORDER OF COURT AND NOW, this 4-- day of November 2014, upon consideration of Plaintiff's Motion for Summary Judgment, briefing by the parties and argument en banc, IT IS HEREBY ORDERED AND DIRECTED that Plaintiffs Motion for Summary Judgment is GRANTED in Mortgage Foreclosure and judgment shall be entered in favor of Plaintiff in the amount of $121,591.19 together with interest at the rate of $20.75 per diem from September 1, 2012, to the entry of judgment, plus costs as provided by law. Jill P. Jenkins, Esquire For Plaintiff Robert E. Chernicoff, Esquire For Defendants By the Court, -5- Albert H. Masland J. In the Court of Common Pleas of Cumberland County GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON (Mortgagor(s) and Record Owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 13-1782 cn rr} c:w r rn rte -0 D C} J co • N G1 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against OMAR BARRON and APRIL S. BARRON in accordance with the summary judgment order dated 11/12/2014. Assess damages as follows: $121,591.19 Debt Interest from 2/10/2013 to Date of Sale per diem at $20.75 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred altd at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: KML LAW GROTJP, .C. Michael McKeever a. ID 56129 _Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 _David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 _Joshua I. Goldman Pa. 205047 _Jill P. Jenkins Pa. ID 306588 _Andrew F. Gornall Pa. ID 92382 _Salvatore Filippello Pa. -ID 313897 _Alyk L. Oflazian Pa. ID 312912 ennifer Lynn Frechie Pa ID 316160 Attorneys for Plaintiff I o; 50 n A`nY e � a13ga 31pof1 Rei -ice mailed AND NOW NOV v169 , aoiy , Judgment is entered in favor of GREEN TREE SERVICING, LLC and against OMAR BARRON and APRIL S. BRON in accordance with the summary judgment order dated 11/12/2014 and damages assessed in the sum of $1,591 !9 s per ove certifica Rule of Civil Procedure No. 236 — Revised GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 OMAR BARRON APRIL S. BARRON (Mortgagors and Record Owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. Defendant(s) No. 13-1782 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a summary judgment in the above -captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Prothonotary By: Deputy t/ 0210 PI If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 118694 FC THIS LAW FIRM ISA DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. '1'O: OMAR BARRON 118 Lighthouse Drive Mechanicsburg, PA 17050 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 Plaintiff vs. OMAR BARRON APRIL S. BARRON (Mortgagor(s) and Record Owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 Defendant(s) TO: OMAR BARRON 118 Lighthouse (.)rive Mechanicsburg, PA 17050 DATE OF THIS NOTICE: June 11, 2013 In the Court of Common Pleas of Cumberland County CNIL ACTION - LAW Action of Mortgage Foreclosure No. 13-1782 IMPORTANT NOTICE YOU ARE IN DEFAULT BF.CAUSE YOU HAVE FAILED TO ENTER A WRf1TEN APPEARANCE PERSONALLY OR BY ATTORNEY ANI) FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O'i'HER. IMPORTANT RIGHTS. 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 WTTH INFORMATION ABOUT HIRING A LAWYER_ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE, PERSONS AT AREDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 �Alyk L. Oflazian Pa. ID 312912 215-627-1322 Attorneys for Plaintiff 118 694 FC THIS LAW FIRM ISA DEBT COLLECTOR AND WE ARE. ATI'EMPTING'TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB'I.4JNE D FROM YOU WIJ..L BE USED FOR THE PURPOSE OF CO1.1JsCI'1NG THE DEBT. ID: APRIL S. BARRON 118 Lighthouse Drive Mechanicsburg, PA 17050 GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 Plaintiff vs. OMAR BARRON APRIL S. BARRON. (Mortgagor(s) and Record Owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 Defendant(s) TO: APRIL S. BARRON 118 Lighthouse Drive Mechanicsburg, PA 17050 DATE OF THIS NOTICE: Junc 11, 2013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 13-1782 IMPORTANT NOTICE YOU ARE. IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONAT.I.Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOIJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU wrr i INFORMATION ABOUT AGENCIES THAT MAY OFFER T J3.GAL, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: —KM-LAYV-GR$t P,-P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 I P. Jenkins Pa. TJ) 306588 Alyk 1.. Oflazian Pa. ID 312912 215-627-1322 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING, LLC Plaintiff vs. OMAR BARRON APRIL S. BARRON Defendant(s) NO. 13-1782 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): OMAR BARRON, has a last known residence of c/o Cunningham & Chernicoff, P.0/Robert E. Chernicoff, Esquire, 2320 North Second Street, Harrisburg, PA 17110. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. KML LOUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 elyk L. Oflazian Pa. ID 312912 nnifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil. Relief Act. Last Name: BARRON First Name: OMAR Middle Name: Active Duty Status As Of: Nov -24-2014 Results as of : Nov -24-2014 12:12:37 PM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . ' No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ - No , NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA , NA '" No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(0 for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: JF85141 D70C9230 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING, LLC Plaintiff vs. OMAR BARRON APRIL S. BARRON Defendant(s) NO. 13-1782 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): APRIL S. BARRON, has a last known residence of c/o Cunningham & Chernicoff, P.0/Robert E. Chernicoff, Esquire, 2320 North Second Street, Harrisburg, PA 17110. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The. DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date l' By: KML LAW (qROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 1/Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicemnemnbers Cyril. Relief Act Last Name: BARRON First Name: APRIL Middle Name: S. Active Duty Status As Of: Nov -24-2014 Results as of : Nov -24-2014 12:09:30 PM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , No NA This response reflects where the individual lett active duty status within 367 days preceding the Active Duty Status Date This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No ' NA This response reflects where the individual lett active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No . NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies.to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: ZFW2P42D40AB590 KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON (Mortgagor(s) and Record owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 13-1782 ORDER FOR JUDGMENT Please enter Judgment in favor of GREEN TREE SERVICING, LLC, and against OMAR BARRON and APRIL S. BARRON in accordance with the summary judgment order dt d 11112/2014, in the sum of $1.21.,591.1.9. By: KML LAW GROJP, �.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 1)\Alyk L. Oflazian Pa. ID 3-12912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 and that the na (s) and last known address(es) of the Defendant(s) is/are OMAR BARRON, c/o Cunningham & Chernicoff, P.C/Robert E. a ic. , Esquire 2320 North Second Street Harrisburg, PA 17110 and APRIL S. BARRON, c/o Cunningham & Chernicoff, P.C/R hmicoff, Esquire 2320 North Second Street Harrisburg, PA 17110; By: KML LAW GROUP, P Michael McKeever Pa. ID 56129 _Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 _Kristina Murtha Pa ID 61858 David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 _Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 _Salvatore Filippello Pa. ID 313897 fVVVAlyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 09/01/2012 through 02/09/2013 Reasonable Attorney's Fee Late Charges Unapplied funds $116,516.47 $3,321.70 $1,650.00 $215.15 ($112.13) $121,591.19 By: KML LAW GROU , Michael McKeever P . ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff AND NOW, this a2G,44z day of 0011 , 2014 damages are assessed as above. 13-1782/118694FC =r' Pro Prothy GREEN TREE. SERVICING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, c : PENNSYLVANIA V. z� d _..r- OMAR BARRON AND -<i " APRILS. BARRON r—c -o• DEFENDANTS : 13-1782 CIVIL TERM ice, IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT `. :..r BEFORE GUIDO, J., MASLAND J. ORDER OF COURT AND NOW, this /2 day of November, 2014, upon consideration of Plaintiffs Motion for Summary Judgment, the parties' briefs, and following oral argument held en banc. IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Motion for Summary Judgment is GRANTED in Mortgage Foreclosure and judgment shall be entered in favor of the Plaintiff in the amount of $121,591.19, together with interest at the rate of $20.75 per diem from September 1, 2012, to the entry of judgment, plus costs as provided by law. By the Court, Albe H. Masland, J. Jill P. Jenkins, Esquire For Plaintiff Robert E. Chernicoff, Esquire For Defendants Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 41�1,tr at i.tt�ssLrrl4'4b C:F 1C,ii OF"i'til £t{ERIFF Green Tree Servicing, LLC vs. Omar Barron (et al.) Case Number 2013-1782 SHERIFF'S RETURN OF SERVICE 04/08/2013 04:27 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be April Barron Wife, who accepted as "Adult Person in Charge" for Omar Barron at 118 Lighthouse Drive, Hampden Township, Mechanicsburg, PA 17050. 04/08/2013 04:27 PM - Deputy Dennis Fry, being duly swom according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: April S Barron at 118 Lighthouse Drive, Hampden Township, Mechanicsburg, PA 17050. DEN FRY, DEPUTY SHERIFF COST: $54.00 SO ANSWERS, April 09, 2013 fc) CountySuite Sheriff, Teleosoft. tnc. RONNY R ANDERSON, SHERIFF KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON Mortgagor(s) and Record Owner(s) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 13-1782 CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: KML LAW GROU ' , Michael McKeever Pa. '1 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 1._iAlyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON Mortgagor(s) and Record Owner(s) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE F ORCLJSURE f rel cJ -► �' -, rel L t=ry No. 13-1782 �ry y,.' -- ....‹.1>o, C,7 , 'C 'D9 _ r ›.c.,, . c, - 3y� tV _..r ..7- c- PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $81$.5o pn AITY 5 4.00 OBF 103.?5 IR.'15 I (D. 50 v • a.a5 6veCo • 50 L -L. q sa3Lta Interest from -- 2/10/2013 to Date of Sale per diem at $20.75 (Costs to be added) By: $121,591.19 KML LAWIGROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 JJennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff r• KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON (Mortgagor(s) and Record Owner(s)) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) ZO 1 ti NOV 26 PPS 2:46 CUHBERLAND cnutT ' EriNS YLVANIA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 13-1782 AFFIDAVIT PURSUANT TO RULE 3129 GREEN TREE SERVICING, LLC, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 118 Lighthouse Drive Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): OMAR BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 APRIL S. BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 2. Name and address of Defendant(s) in the judgment: OMAR BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 APRIL S. BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 • 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR E -LOAN, INC. 6230 STONERIDGE MALL ROAD PLEASANTON, CA 94588 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR E -LOAN, INC. 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR E -LOAN, INC. PO BOX 2026 FLINT, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 118 Lighthouse Drive Mechanicsburg, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. Sec n 4904 relating to unsworn falsification to authorities. DATED: II Ltd By: KM LA .. GROUP, P.C. Mich. -1 McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 yk L. Oflazian Pa. ID 312912 c nnifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON Mortgagor(s) and Record Owner(s) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s 13-1782 • FILE!: -OF F I,ED.OFF iCL- Tf L PRO l f' O i.f i; • NOV 26 PH 2: C:6 CUMBERLAND COUNT Y .PENNSYLVAN IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 13-1782 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARRON, OMAR OMAR BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 Your house at 118 Lighthouse Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2015, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $121,591.19 obtained by GREEN TREE SERVICING, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GREEN TREE SERVICING, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 13-1782 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 13-1782 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 118694FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 13-1782 KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215)627-1322 Attorney for Plaintiff GREEN TREE SERVICING, LLC 332 Minnesota Street Suite 610 St. Paul, MN 55101 vs. OMAR BARRON APRIL S. BARRON Mortgagor(s) and Record Owner(s) 118 Lighthouse Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE. Docket No. 131782 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT .DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARRorf, APRIL S. APRIL S. BARRON c/o Cunningham & Chernicoff, P.C/Robert E. Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17.11.0 Your house at 118 Lighthouse Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04,'2015, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $121,591.19 obtained by GREEN TREE SERVICING, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to GREEN TREE SERVICING, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 13-1782 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO' TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 13-1782 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 118694FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net GREEN TREE SERVICING, LLC Vs. NO 2013-1782 Civil Term CIVIL ACTION — LAW OMAR BARRON and APRIL S. BARRON WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $121,591.19 L.L.: $ .50 Interest from 2/10/13 to Date of Sale per diem @ $20.75 Atty's Comm: Atty,Paid: $ 242.25 Plaintiff Paid: Date: 11/26/14 (Seal) - Due Prothy: $.2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: JENNIFER LYNN FRECHIE, ESQUIRE Address: KML LAW GROUP, PC SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 316160