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HomeMy WebLinkAbout04-5745t VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS IRWIN UNION BANK & TRUST COMPANY Plaintiff VS CHRISTOPHER PAGOTTO Defendant NO. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Court Administrator/Lawyer Referral Services CUMBERLAND County Bar Association Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717) 249-3166 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS IRWIN UNION BANK & TRUST COMPANY Plaintiff VS CHRISTOPHER PAGOTTO Defendant NO. 64 - S'y 4/S au t- L '--? CIVIL ACTION 1. The Plaintiff, IRWIN UNION BANK & TRUST COMPANY, an Indiana Banking Corporation with an business address at 12677 Alcosta Blvd., San Ramon, CA 94583. 2. The Defendant is, CHRISTOPHER PAGOTTO an individual with a mailing address at 721 COLONIAL COURT MECHANICSBURG, PA 17050. 3. On or about the date appearing on the Mortgage Note hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage Note, which Mortgage Note was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage Note is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) and attached hereto, made a part hereof and marked as Exhibit "A". 4. Said Mortgage Note is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage Note, together with other charges authorized by said Mortgage Note itemized below, shall be immediately due. 5. The Defendant(s) has failed to pay the amount owed in accordance with the Note and has failed to pay the outstanding debt as agreed. 6. The Defendant (s) is indebted to the Plaintiff in the amount of $31,975.00 as of July 28, 2004, plus pre-judgment contractual interest at the rate of 6% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $7,595.00. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "B", and made a part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, IRWIN UNION BANK & TRUST COMPANY, and against the Defendant(s) in the amount of $31,975.00, plus pre-judgment interest at the contractual rate of 6o per annum from July 28, 2004 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $7,595.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. ALTERNATIVE COUNT I- OUANTUM MERUIT In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Count I, the Plaintiff alleges as follows: 9. Plaintiff hereby incorporates paragraphs 1 through 8 above as though set forth in full. 10. The Defendant(s) received a monetary benefit, which was in fact appreciated by the Defendant. 11. The Defendant(s) accepted the benefits. 12. By virtue of the circumstances surrounding the request for funds made, the Defendant(s) knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 13. It would be inequitable for this Court to allow the Defendant(s) to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, IRWIN UNION BANK & TRUST COMPANY, and against the Defendant(s) in the amount of $31,975.00, plus pre- judgment interest at the contractual rate of Go per annum from July 28, 2004 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $7,595.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. t BY: VALERIE ROSENBLUTH PARK, ESQUIRE 19 0'o4 O VERIFICATION I, `yJ Q.AI) 011Lk V declare that: I am a Designated Agent of Irwin Home Equity, servicing agent for Irwin Union Bank and Trust Co., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at rya or-{a County, in the State of l QLfjrn.io,- . Date Designated Agent 35855 NOTE I' Lcan No.- USMS1516275 EXHIBIT junAeNq(9e 0 COPY [Date] 6 8 CEDAR RIDGE LANE, ME'CHA ICSBURG, / [Property Address] MECHANICSBURG [City] PA 17055-4414 Pennsylvania (State) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 30, 000.00 (this amount will be called "principal"), plus interest, to the order of the Lender, The Lender is CCK4MTY BANK OF NORTHERN VIRGINIA I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to received payments under this Note will be called the "Note Holder, " 2. INTEREST I will pay interest at a yearly rate of 14.650 y, Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS _ I will pay principal and interest by making payments each month of U.S. $ 412.71 1 will make my payments on the 17th day of each month beginning on July 17, 2002 I will make tl4ese 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. If, on June 17, 2017 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make m? monthly payments at CCNWJNITY BANK OF NORTHERN VIRGINIA ATM- LOAN SERVICING DEPT., liooo Broken Land Pkwy. 3rd Floor, Columbia, MD 21oor ata different place if required by the Note Holder. 4. 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 of my monthly payments 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 5.000 % of my overdue payment, but not less'than U.S, $ N/A and not more than U.S. $ 20.64 I will pay this late charge only once on any late payment. (B) Defaultf j If I do not pay the full amount of each monthly payment by the date stated Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice From Nate Holder 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 has required 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, if it is not mailed, 30 days after the date on which it, is delivered to me. (D) Payment of Note older'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 back for its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated June 10, 2002 protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That I /fortgage describes how and `under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note, [PENNSYLVANIA- LSECOND MORTGAGE-1/80-FNMA/FHLMC UNIFORM INSTRUMENTI Form 3939 L-Dcc (PM) by Nlph,{W. --ion Sc;.-, Cap. 0020.1.1091 Page 1 of 2 Loan No.: USNS1516275 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE _, I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepaytrient, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest'). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under the Note, or who signs this Note to transfer it to someone else alsovaives these rights. These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me 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 mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. (Seal) (Seal) S Ck1R1 TO . P Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower (Sign Origir(al Only) Form 3939 L-Doc (TM) by Delphillnlormabon Sciences Cap, DE320.2.1096 Page 2 of 2 Loan No.: U8MB1516275 PREPAYMENT RIDER TO NOTE 'This PREPAYMENT RIDER TO NOTE is trade this 10th day of June, 2002 and is incorporated into and amends, modifies and supplements the Note of the same date given by the undersigned (the "Borrower") to CCKALMr1'Y 13ANK OF NORTHERN VIRGINIA (the "Lender") and any riders or modifications thereto ("Note"). In addition to the agreements made in the Note, Borrower and Lender further agree as follows: The section of the Note entitled "Borrowers Right to Prepay" or alternately "Borrower's Payments Before They Are Due," is hereby deleted in its entirety and replaced with the following language: `BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a "prepayment." A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment and this Note is a fixed rate Note, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to those changes. If I make a partial prepayment and this Note is an adjustable rate Note, there will be no changes in the due dates or amounts of my subsequent' scheduled monthly payments until the first payment due after the first Change Date following my partial prepayment unless the Note Holder agrees in writing to those changes. If this Note is an adjustable rate Note, my partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment, but any such reduction may be offset by an interest rate increase. Partial prepayments shall be applied to the last scheduled installments in r6verse chronological order, starting with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the unpaid principal balance then due on this Note during the first three (3) years commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree to pay to the Note Holder a prepayment charge equal to six (6) months' interest on the amount of any prepayment exceeding twenty percent (20%) of the unpaid principal balanct then due on this Note. I will pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to my default under this Note or the Security Instrument, except that there shall be no prepayment charge (i) upon acceleration due to the exercise of the due-on-sale clause contained in the Security Instrument, (ii) upon prepayment resulting from damage to the Property described in the Security Instrument to such an extent that the Property cannot be occupied, caused by a natural disaster for which a state of emergency is declared by the Governor, or (iii) if required by law if I refinance this loan with the original Note Holder or an affiliate of the original Note Holder. Except as provided in the section entitled "Loan Charges" (if any), the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded'if I pay in full ahead of schedule. 2. The section of the Note regarding application of payments is hereby amended by adding prepayment charges to the a s w l3 ch will be assessed separately. ,41isf (Seal) (Seal) S. P Borrower Borrower (Seal) Borrower (Seal) Borrower Y_ (Seal) (Seal) Borrower Borrower PREPAYMENT RIDS R TO NOTE FD023.1200 I LOAN NO. U81181516275 ASSIGNMENT OF NOTE For valuable consideration, receipt of which hereby acknowledges, the undersigned hereby sells, transfers, endorses, assigns and delivers WITHOUT RECOURSE to: Ixwin Union Bank and Txuet Conpany all of its rights, title and interest in and to the attached promissory note dated June 10, 2002 in the face amount of $ 30, 000.00 • The borrowers in said promissory note are: =STOPIER S. PAGO=, (SD= MAN) Said promissory note is secured by a Mortgage, Deed of Trust or 9ecurity Deed ("Security Instrument") of the same date on real property located at: 628 CEDAR RIDGE DANE, MECHUTICSBURG, PA 17055-4414 Cl' vDMTY BANK OF NORTHERN VIRG=A (Beneficiary) transfers all rights accrued or to accrue under said note and secured Security Instrument in which the undersigned is the Beneficiary and the borrowers are the Trustors. Benefic• . cavf TY OF NORTHERN Dated: f (b ?`? VIR NTA ti By: a.. end Title Shannon P ngU!St, V.P. I-RUE AND C RTIF COPY BY: 4 Lese,Doe (TM) by Delphi ( fb meU- Scwn .. Cap. DE303 0797 M 4. r r t t WHEN RECORDED RETURN TO: After Recording Return To: PEEL• L ASSIGNMENT ENT EMENT O OP B RATION JOB 7 P.O. BOX 1710 CAMPBELL, CA 95009-1710 1-408-866-6868 rJ?tjl P Z1EG'UR '-"'DER OF DEEDS :M18ER AND COUNTY TI DEC 6 RM 11 02 Recording Regqn_ested_By/Return To: CQMN1iJDTITY BANK OF NORTH RN VIRGINIA 7067 COLUMBIA GATEWAY DRIVE, 2ND FLOOR, COLUMBIA, MD 21046 Parcel Number: ASSIGNMENT OF MORTGAGE 3-4 -ol For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 7067 COLUMBIA GATEWAY DRIVE, 2ND FLOOR, COLUMBIA, MD 21046 , does hereby grant, sell, assign, transfer and convey, unto Mortgage Electronic Registration Systems, Inc., a corporation existing under the laws of Delaware, with and address and telephone number of P.O. Box 2026, Flint, MI 48501-2026,(888 ) 679-MERS acting as nominee for Irwin Union Bank and Trust Ccnpany, its successors and/or assigns , a corporation organized and existing under the laws of Indiana (herein "Assignee"), whose address is 1717 East College Parkway, Carson City, NV 89706 a certain Mortgage dated June 10, 2002 , made and executed by CHRISTOPHER S. PAGO=, (SINGLE MAN) whose address is 628 CEDAR RIDGE LANE, MECH NICSBURG, PA 17055 , to and in favor of COMMUNITY BANK OF NORTHERN VIRGINIA upon the following described property situated in CUMBERLAND County, Commonwealth of Pennsylvania: -00- MIA& such Mortgage having been given to secure payment of thirty thousand and NO/100ths ($ 30,000.00 ) (Include the Original Principal Amount) which Mortgage is of record in Bo k, Volume, or Liber No. 1 S , at page S79 (or as No. ) of the ? ri ti O a, Records of CUMBERLAND County, Commonwealth of Pennsylvania, together with the note(s) and obligations therein described and the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. Laserpoc (TM) by Delphi Information Sciences Corp. DE468-1.1097 V) 'A BOOK; S92 mu M'74 IN WITNESS WHEREOF, the undersigned Assignor has executed this Assi nt of Mortgage on June 10, 2002 r : Ty NORTHERN VIRGI ess ?P (As 'gnor) ,`°?. 1 r`, d `? v ! By: va 1. Witness ?-V"c?' (Signature) 4z. Attest Seal: Shannon Palmqu st, This Instrument Prepared By: COMMUNITY BANK OF NORTHERN' VIRGINIA address: 7067 COLUMBIA GATEWAY DRIVE, 2ND FLOOR, COLUMBIA, MD 21046 tel, no.: 410-423-1400 STATE OF MARYLAND, V1 n c- q rU Y1+- L County ss: I Hereby Certify, That on this I () day of J Z - o? n n ?uN? before me, the subscriber, a Notary Public of the State of Maryland, in and for the?c?u? tt f personally appeared known to me or satisfactoniy pro en to be the person(s) whose name(sfepui6oses t subscribed to the within instrument and acknowledge that cjhe executed the same for therein contained AS WITNESS: my hand and notarial seal. My Commission Expires: w? Not GAILY. HILL Notary Public Laserpoo! gAm*1Afdrqd@1 OB46MO097 My Comm. Exps. Aug. 8, 2005 BOOM 692 PACE 1,975 fitf --, Jr- C -L F1 (`7 "I -1 U `5 / F, 4, I ,_ I l ? E f-) 1^ E-EEDS UNTY-PA JUL 1S fin 113 9 Prepared by: CCVMUNITY BANK OF NORTHERN VIRGINIA 11000 BROKEN LAND PKWY. 3RD FLOOR Columbia, MD 21044 (410) 423-1400 Parcel Number: Loan No.: U8MB1516275 MORTGAGE 1214+00D5 THIS MORTGAGE is made this 10th day of June, 2002 CHRISTOPHER S. PAGOT'.IC), (SINGLE MAN) 7INIA )OR between the Mortgagor, (herein "Borrower"), and the Mortgagee, CCMMUNIT. BANK OF NORTEERN VIRGINIA a corporation organized and existing under the laws of VIRGINIA , whose address is 11000 Broken Land Pkwy. 3rd Floor, Columbia, MD 21044 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 30, 000.00 which indebtedness is evidenced by Borrower's note dated June 10, 2002 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 17, 2017 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the•performance of the covenants and agreements of Borrower hereni contained, Borrower does I PENNSYLVANIA - SECOND MORTGAGE - 1/80 - FANNIE MAEIFREDDIE MAC UNIFORM Laserpoc" by Delphi Information Sciences Corporation DE319-1.0100 WHEN RECORDED MAIL TO: GENERAL AMERICAN CORP. 007 GRANT ST. STE 300 PITTSBURGH PA 15219 ATTENTION: MORTGAGE DEPT. Form 3839 Page 1 of 7 BK 17b5PGo5 i &I hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND State of Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED IEP= AND MADE A PART HEREOF. which has the address of 628 CEDAR RIDGE LANE, MEO-IAMCSBURG, PA 17055-4414 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property"; Borrower covenants that Borrower is lawfully seized 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 covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such paymems of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Laserpoc°by Delphi Information Sciences Corporation DE319-2.0800 Form 3839 Page 2 of 7 B€ I765PGO519 Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. 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 such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 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. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as Lasnrpoc'"by Delphi Information Sciences Corporation DE319-3.0100 Form 3839 Page 3 of 7 8KI76SP60520 a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. Laserpoc"'by Delphi Information Sciences Corporation DE319-4.0800 Forn13839 Page 4 of 7 11K1765PG0521 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 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 delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclosure this Mortgage by judicial proceedings. Lender shall be entitled to collect in such proceedings all expenses of foreclosure, including, but not limited to, reasonable attorney' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred: (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Laserpoe-by Delphi Information Sciences Corporation DE319-5.0800 Form 3839 Page 5 of 7 BKf765PGO522 Loan No.: U8MB1516275 Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. 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 stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Witnesses: J\ t- (Seal) ? I PHER S. PA -Borrower an 11-l i ?t do- ra- (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Laserpoc-by Delphi Information Sciences Corporation DE319-6.0800 Form 3839 Page 6 of 7 8K 1765PGO523 Certificate of nce f \ I, _ tc, l , do hereby certify that the correct address of the within-named Under is 11000 Broken Land Pkwy. 3rd Floor, Columbia, MD 21044 ov ' Witness my hand this I' day of A ent of IR er S COMMONWEALTH OF PENNSYLVANIA, (-U Yrj0-e_r-(CL t'1_k_ County ss: On this, the //4-k day of j u XL before me, the undersigned officer, personally appeared of pz.moporx S• ^6&7y'0 known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that }/,f executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notarial Seat Bonita R. Madara, Notary Public U N r Allan Up._, Cumberland County CommissionExpires Nov. 1, 2004 yrW, Pennsylvania Association of Notaries n . 4c r•. Userpoc"by Delphi Information Sciences Corporation DE319-7.0800 /? aa_d?? X'eZb0_rnMjC'_ V maac?rc"_ Tide of Officer Form 3839 Page 7 of 7 9KI765PGO524 SCHEDULE "A" ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE FINAL SUBDIVISION PLAN FOR CEDAR RIDGE TOWNHOUSES AS PREPARED BY JOHN C. BRILHART SURVEYING AND MAPPING SERVICES, LAST REVISED ON JANUARY 15, 1978, RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN PLAN BOOK 32, PAGE 73, AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR RIDGE LANE, A PRIVATE STREET (50 FEET WIDE); AND THE DIVIDING LINE BETWEEN LOT NOS. F-1 AND F-2; THENCE SOUTH 37 DEGREES 23 MINUTES 30 SECONDS EAST ALONG SAID DIVIDING LINE, A DISTANCE OF 85 FEET TO A POINT AT COMMON OPEN SPACE; THENCE SOUTH 52 DEGREES 36 MINUTES 30 SECONDS WEST ALONG COMMON OPEN SPACES, A DISTANCE OF 24 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. F-2 AND F-3; THENCE NORTH 37 DEGREES 23 MINUTES 30 SECONDS WEST ALONG SAID DIVIDING LINE, A DISTANCE OF 85 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR RIDGE LANE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR RIDGE LANE, NORTH 52 DEGREES 36 MINUTES 30 SECONDS EAST, A DISTANCE OF 24 FEET TO THE POINT AND PLACE OF BEGINNING. I-,; ?his to be recoTied ;. ? - ? ,,ri.?erland County'P?A x 1 a I reds lumf 1% 7 5 G052L< PLANNED UNIT DEVELOPMENT AWER Loan No.: U8MB1516275 THIS PLANNED UNIT DEVELOPMENT RIDER is made this 10th day of June, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to CUNKINITY BANK OF NORTHERN VIRGINIA (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 628 CEDAR RIDGE LANE, MEG-1ANICSBURG, PA 17055-4414 (Property Addressl The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in Declaration of Convenants, Conditions, and Restrictions (the "Declaration"). The Property is a part of a planned unit development known as CEDAR RIL"GE (Name of Planned Unit Development) (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the: (1) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document- which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master", or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage, " then: (1) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage provided by the master or blanket policy. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may b,,reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sutras secured by the Security Instrument as provided in Uniform Covenant 9 . E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. Y... Sea1? ..............(Seal), CHRI!TOP .. .. S. P Borrower -Borrower ......... ...................................... ........... .(SeaU ..............................................................................1&4 ..... -Borrower -Borrower MULTISTATE PUD RIDER-Single Family-Fannie Mae/Freddie Mac UlW!K1 11Vd U9i&&S. Z/ , Form 3150 9/90 Laserpoc(70by Delphi lnlormarion Sciances Corp. LDocO..- '1 EXHi13IT_ P) Date: March 30, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 372690.1 3129/04 - 1 -n C3 (D 0 9 c) m m 33 Gy z^ ?, y ? °: o a o 00 C3 a ?C m CD m C O = N n y -` C1 rte' A ° a ro C.0 00) to n rt w p C3 a . m mama 1 .? W II1 LtJ i `, op0in> ? r 'D 3 lJ c A a° 'n N A f C D to m m COD a a? m?? cr O m a -n O N n D tvl y C? ° 8666 ?' ,' w j °o m n m o ? N p?j ? a a ? STATEMENTS OF POLICY HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCOUNT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Christopher S Pagotto 628 Cedar Ridge Ln Mechanicsburg, PA 17055 0001449087 Irwin Home Equity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE 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. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you 572690 1 3/24104 have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 628 Cedar Ridge Ln, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/18/03 $412.71 1/18/04 $412.71 2/18/04 $412.71 3/18/04 $412.71 572690.1 3/29104 3 B. Other charges (explain/itemize): Late Charges: 8-04-03 $8.35 3-04-04 9-02-03 $20.64 10-03-03 $20.64 11-03-03 $20.64 12-03-03 $20.64 1-02-04 $20.64 2-02-04 $20.64 $20.64 TOTAL AMOUNT PAST DUE: $1,781.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of the notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,781.38 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: Irwin Home Equity P.O. Box 5029 San Ramon, CA 94583 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable). N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have 572690.13/29/04 4 ti t 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. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's 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: Irwin Home Equity Address: 12677 Alcosta Blvd, Ste. 200 San Ramon, CA 94583 Phone Number: 877-577-3643 FAX Number: 925-358-0296 Contact Person: Laurie Roach EFFECTS OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 572690.1 3/29/04 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. 572690.1 3/29/04 6 Free ZIP Code Lookup with area code, county, geocode, MSA/PMSA. Page 1 of 1 F v ` ??"a A J F "r ? ......, u. ... e....v„ ., ., Click here for our Product Catalog Search Results for ZIP code 17055 Data source: ZIPList5 (March 2004) Mailing State ZIP County FITS Name Code Code Name Code Mechanicsburg PA 17055 Cumberland 42041 Are you looking for the ZIP code for a particular street address? If so, click here. Search Again... For any valid ZIP code, find the city and state, plus: F county name and FIPS code r area code [- time zone F latitude and longitude r MSA/PMSA Enter a ZIP code or a city and state 1 17055 ?O ._.__.....__._._._._ .,._. _ ..__-._._ ___._ . .:.?j Data Source: ZIPList5 Product Line March 2004 Product Catalog - Product Search - Customer Comments - About Us - Home Sales: sales@zipinfo.com Support: support@zipinfo.com Mail: ZipInfo.com, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758 Voice: 800-571-3914 or 281-292-3270 Fax: 281-292-3608 Copyright © 2004 CD Light, LLC http://zipinfo.com/cgi-local/zipsrch.exe?cnty=cnty&zip=17055&Go=Go 3/29/2004 <!--AccessTemplate_Title--> March 29. 2004 Page 1 of 1 upume& r CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Effective 2/19/2004 at 7:00:15 AM MAP i First I Previous ( Next I Last Questions regarding the Homeowners' Emergency Mortgage Assistance Program should be directed to HEMAP at 1-800-342-2397. Home I Conferences & Events I Contact Us I Directions I Disclaimer I Future Home Buyer Program I Handbooks & Forms I Housing Programs I Housing Study I Interest Rates I Legislative I Links I Mixed Use Facility I News & Notices I Press Releases I Quarterly Disclosure I Rental Housing Properties Request For Proposals I Right To Know (PDF) Search P H F A Copyright O 2004 Pennsylvania Housing Finance Agency. Go All rights reserved. Paw OMA by ? - Updated March 18, 2004 at 11:59 AM http://www.phfa.org/programs/hemap/list/hcaPage2l.html 3/29/2004 CLICK & GO _.. APR 'L + 6uuw Date: 4/27/04 Irwin Home Equity 12677 Alcosta Blvd Suite' `x PO BOX 5029 San Ramon, CA 94583 Mortgagee Name & Address Phone: 412-390-1300 Ext. 108 Fax: 412-390-1335 In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), this is to inform you that we have been approached for mortgage counseling assistance by: Christopher Pagotto 628 Cedar Ridge Lane Mechanicsburg PA 17055 (Name and Address of Applicant) 1449087 (Mortgage Loan Number) This counseling agency has had a face-to-face meeting with the above-name applicant on 4/27104 , who indicated that they are more than 60 days delinquent on their mortgage payments and have received an Act 91 Notice of Homeowners' Emergency Mortgage Assistance Program dated 3/30104 from: GMAC Mortgage 3451 Hammond Ave PO BOX 780 Waterloo, IA 50704-0780 (Name and Address of Mortgagee) In accordance with the Homeowner's Emergency Mortgage Assistance Act, this is to inform you that: 1. Within 30 days from the date of this notice, we intend to forward an application to the Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program on behalf of the above-mentioned applicant(s). 2. By a copy of this Notice, we are notifying any other mortgagees identified by the applicant(s). 3. No legal action to enforce the mortgage may occur if a timely application is filed. The homeowner(s) must have a face-to-face meeting with a Consumer Credit Counseling Agency with 33 days from the date of the Act 91 Notice and an application must be received by P13FA/HEN1AP within 30 days of the face-to-face meeting in order to be protected by this forbearance period. Name of Counseling Agency CCCS of W. PA Address 2403 Sidney Street Pittsburgh, PA 15203 Telephone No. 412-390-1300 The PA Housing Finance Agency can be reached TOLL FREE at 1(800) 342-2397 or 1(717) 780-3940 appendixb-I Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Loan Program Payments: 111 North Front Street, P. O. Box 15206 Harrisburg, PA 17105-5206 Correspondence: 211 North Front Street, P.O. Box 15530 Harrisburg, PA 17105-5530 (717) 780-3940 1-800-342-2397 FAX (717) 780-3995 TTY (717) 780-1869 6/16/2004 IRWIN HOME EQUITY 12677 ALCOSTA BLVD SUITE 200 SAN RAMON, CA. 94583 SUBJECT: CHRISTOPHE PAGOTTO 628 CEDAR RIDGE LN MECHANICSBURG, PA. 17055 S.S. #: 202-48-1904 Loan #: 1449087 Your application for a HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 1680.401-C et seq. and/or Agency Guidelines 12 PA Code Section 31.201 et seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. Requests for a hearing must be made in writing and must be submitted to the Agency within 15 days after the postmark date of this letter. Verbal requests are not acceptable. The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. You also have a right to an in-person hearing at the Agency's office in Harrisburg if you so desire. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - HEMAP Hearing Request, PHFA/HEMAP, 211 North Front Street, P.O. Box 15628, Harrisburg, PA, 17105-5628. The hearing request may also be faxed to the attention of Chief Counsel - Hearing Request at 717-780-4031. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print or type your name legibly and include your social security number and phone number where you may be reached during the day. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative toll free at 1-800-322-7572 for a referral to the office for your county. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. Sincerely, THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program HPREJECT r r ' I it C? 0 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS IRWIN UNION BANK & TRUST COMPANY Plaintiff VS CHRISTOPHER PAGOTTO Defendant NO. 04-5745 CIVIL SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PARK LAW ASSOCIATES, P.C. i BY: ERIE?SSENBLUTH PARK, ESQ. ?? ??'' ? a ?> ?_ J ? I?c ?.'.:. t `? ?__ __? {.? f.?""? ? . SHERIFF'S RETURN - REGULAR CASE NO: 2004-05745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IRWIN UNION BANK & TRUST CO VS PAGOTTO CHRISTOPHER DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PAGOTTO CHRISTOPHER the DEFENDANT , at 2102:00 HOURS, on the 18th day of November , 2004 at 721 COLONIAL COURT MECHANICSBURG, PA 17050 by handing to CHRISTINE PAGOTTO, SISTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 J J . Z V Sworn and Subscribed to before me this day of oZoaS? A. D. P othonotary So Answers: R. Thomas Kline 11/19/2004 PARK LAW ASSOC By: Deputy Sheriff ?' Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n4l - s7AlS CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573