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HomeMy WebLinkAbout13-2565 Supreme Cour��of Pennsylvania Court- of ►COIYIIl10 , .Pleas For Prothonotary Use Only: Clt�><lCover Sheet Docket No: CUM BE ND "r County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S !X Complaint 0 Writ of Summons Petition El Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: DEUTSCHE BANK NATIONAL TRUST COMPANY TIMOTHY AND DIANA EDWARDS T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Ox Yes 0 No (check one) Ox outside arbitration limits :O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: KEVIN P. DISKIN Check here if you have no attorney (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 PRIMARY CASE. 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 APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle C' Debt Collection: Other C] Board of Elections 0 Nuisance 0 Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include mass tort) Employment Dispute: E Slander/Libel/ Defamation Discrimination C 0 Other: (� Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT Asbestos N C] Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment Common Law /Statutory Arbitration B 0 Other: Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition Replevin 0 Legal [3 Quiet Title Other: 0 Medical 0 Other: I 1 Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) _� �•� Y , �- KEVIN P. DISKIN, ESQUIRE (86727) [;, �I PR O��� f f'` LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA ESQUIRE (308909) 20131IA y ^ p STERN & EISENBERG, PC U ,� ! rI THE PAVILION Ct1P1E3ERL U OAD, SUITE 4 10 JENKIINTOWN PENNSYLVANIA 19046 PEIM S YL VA NI A TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in- fact Ocwen Loan Servicing LLC. Civil Action Number: 6- V/ 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V COMPLAINT IN Timothy W. Edwards MORTGAGE FORECLOSURE 205 Norman Rd Camp Hill, PA 17011 -6127 Diana L. Fishel N/K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011 -6127 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. 0 �� � ��� 7s ,, P" U 1 4 �a 13 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800- 990 -9108 717- 249 -3166 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in- fact Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. COMPLAINT IN Timothy W. Edwards MORTGAGE FORECLOSURE 205 Norman Rd Camp Hill, PA 17011 -6127 Diana L. Fishel N /K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011 -6127 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagan tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oftcina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legab 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 Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800- 990 -9108 717- 249 -3166 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in- fact Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. COMPLAINT IN Timothy W. Edwards MORTGAGE FORECLOSURE 205 Norman Rd Camp Hill, PA 17011 -6127 Diana L. Fishel N /K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011 -6127 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in -fact Ocwen Loan Servicing LLC. (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee by its Attorney -in -fact Ocwen Loan Servicing LLC. ")with offices located at 1661 Worthington Road, Suite 100 , West Palm Beach, FL 33409. 2. Defendant(s) are Timothy W. Edwards and Diana L. Fishel N /K/A Diana L. Edwards -, adult individuals with a last -known address of 205 Norman Rd, Camp Hill, PA 17011- 6127. 3. Under date of 08/26/2005, Timothy W. Edwards and Diana L. Fishel N /K/A Diana L. Edwards executed and delivered to New Century Mortgage Corporation a mortgage upon the property 303 Norman Road, Camp Hill, PA (the "Property ")to secure the payment of the sum of $122,550.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 09/23/2005 at Bk No: 1924, Pg No: 932 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A ". 4. An assignment transferring the mortgage originally with New Century Mortgage Corporation (Originating Lender) as follows: a) Assigned from New Century Mortgage Corporation to Deutsche Bank National Trust Company as Trustee recorded on 05/30/2008, Inst No: 200817882 Cumberland County, Pennsylvania b) Assigned from Deutsche Bank National Trust Company as Trustee to Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of January 1, 2006 Morgan Staley ABS Capital I Inc Trust 2006 -NCI, Mortgage Pass - Through Certificates Series 2006 -NCI, recorded on 06/02/2010, Inst No: 201014355 Cumberland County, Pennsylvania c) Assignment requested from Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of January 1, 2006 Morgan Staley ABS Capital I Inc Trust 2006 -NCI, Mortgage Pass - Through Certificates Series 2006 -NCI to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in -fact Ocwen Loan Servicing LLC. , was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Timothy W. Edwards and Diana L. Fishel N /K/A Diana L. Edwards are the real owners of Property 303 Norman Road, Camp Hill, PA 17011. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit `B ". 7. The said loan is in default as a result of the failure to pay the monthly installments of $890.46 due on September 1, 2012 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .... ............................... ....................$151,081.30 INTEREST accrued thru 02/24/2013 of ......... ......................$3,322.49 Interest after 02/24/2013 shall accrue at the per diem _ rate of $16.32.) LATE CHARGES accrued thru 02/24/2013 of .....................$93.84 Late charges after 02/24/2013 shall accrue at the monthly rate of $31.28.) ESCROW ADVANCES . ............................... ........................$671.28 FEES BILLED ................ ............................... ........................$674.00 ATTORNEY'S FEE ............................... ............................... $7,000.00 TOTAL................................................... ............................... $162,842.91 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, as Trustee by its Attorney -in -fact Ocwen Loan Servicing LLC. requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of $151,081.30 plus interest thereon of $3,322.49 plus $16.32 per day from 02/24/2013 until judgment is paid in full, late charges of $93.84, plus late charges of $31.28 per month from 02/24/2013 until judgment is paid in full,escrow advances of $671.28,fees billed of $674.00,attorney's fees of $7,000.00and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN & EISENBERG, PC BY. ❑ SS EVEN K. EISENBERG, ESQUIRE , -I!F KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff Date: aw Corftowl"agemernmorx ERIFICATION 1, the undersigned,a(n) of Ocwen Loan Servicing, LLC, ( "Ocwen ") attorney in fact for Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006 - NC1, Mortgage Pass - Through Certificates, Series 2006-NC 1, ( "Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false. Date: Name:lill:olaur vH�a Title: Contract Management Coordinator Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006-NC], Mortgage Pass - Through Certificates, Series 2006 -NCI, by its Attorney -in -fact Ocwen Loan Servicing LLC. S� Prepared By: Now Century mortgage Corpo'rati.on 19400 Von Norman, Ste 1000 Irvino, CA 92612 600 -967 -7623 Return To: ACADIA SETTLEMENT, LLC 341 NOPTH SCIENCE PARK ROAD SUITE 203E STATE COLLEGE, PA 16803 PIL 814-272-1405 FAX: $14- 272 -1406 Prerni=: 303 Nornan Road Parcel Number: Camp Hill 13 -23- 0345 -184 13peoe Above Tl>v Line For Reeordtag Dual MORTGAGE DW[NMONS Words used in multiple sections of this document are defined below and other wofds 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 I nshumeov , means this document. which isdated Augu 2 200 , together with all Riders, to this document. (B) "Borrower " Timothy x. Edwards and Diana Z. Edwards Borrower is the mortgagor under this Security Iustrwnew. (C) "Lm is w ow century mortgage Corporation Lender is a Corporation P�NitSYLVANIA - Single Family - Fannie Usenleddls Mae UNIF&W INSMIMIEVT Fone 1 4101 4ft-atAw i0602) Pfta 1 d to Init6tc VM P MarfuVe Sdusen; Im(600 )Sz1�1 �! '[tl`VIIh -IJ,V EXHIBIT oit1924PGa9 r organized and existing under the laws Of c alitornia Lender'saddressis 18600 4oa Ea rltia, Suits 1000, 2XV iae, CL 92612 . Lender is the mortgagee under this Security Instrument. (D) " Nate" means the promissory note sigDed by Burrower and dated Augus 2 2 0 0 3 The Note states that Borrower owes Lenderoux RONDRSD TNxltrY -xao TROnaARD rzvx KUNDRZD VIVTY AND 00 /100 13011ars (U.S S 122,330-00 ) plus Interest. Borrower has promised to pay this debt in regular periodic Payments and to pay the debt in full not later than DO / 0 / 2 a (E) "Property" 'means the property that is deseu'bed below ender the heading -Trade of Rights in the Prolerty" (It) "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 iutct est. (G) " RMers" means all hiders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable hate Rider 0 Condo Rider Q Second Home Rider Balloon Rider ❑ planned Unit Development Rider F 1-4 Family Rider VA Rider 13 Biweekly Payment Rider © Other(s) Is1ecify] Prepapaeat Rider ARK Rider Addendum (13) "Applleable Law" means all controlling applicable federal, state and Iacal statutes, regWations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, nonappealable judicial opinions. ( "Cammnnity A"OdatiOn Dues, Fees, And Assessments" means all-dhus, fees, assessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Meetronle Funds Transfer" means any transfer of fmmds, other than a transachon originated by check, draft, or similar paper instrument, which is initiated tbrottgh 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, win transfers, and automated clearinghouse transfers. (19 "Esmw Items" means ft$c items that are described in Section 3. (L) "Mbeelloneow Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (Other than insurance proceeds paid under the coverages desm"oed in Section S) for: (i) damage to. or destruction of, the Property; (ii) caution or other taking of all or any part of the Property; (M) conveyance in lieu of condemnation: or (1v) misrepresentations of, or omissions as to, the value and/or condition of the Property. (dl) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for {i) principal and interest under the Nate, plus (ii) any amoueta under Section 3 of this Security Instrument. 1003291666 IMQtIF � . (0602) Pp 2 ar to n Fenn 3430 1101 JIK 1924PGO93� (0) 'RUPA" means the Real Estate Settlement ProcedLua Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation K (24 C.R.R. Part 3500), as they migbt be amended fmm time to time, or any additional or successor legislation or regulation that.governs the same subject matter. As used in this Secarrity Instrument, "RESPA" refers to all ttquirements and restrictions that art imposed in regard to a "federally related mortgage. loan" even if the Loan does not qualify as a mo " federall r loan" under RESPA. elated rtgage (F) "Snacessor in Interest of Borrower" means any party that bas taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGRTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfomrance of Borrowees 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 ofXcmrdiag rntiadi Wil) Of Cumberland (Nam afkeeoninglwisdictioaj; sea Legal Description Attached Hereto and Had* a part sereof which cnuEntly has the address Of 303 Norman Road Caap Sill [mil ( "Property Address"): (mil. Pennsylvania 17011- [zip Coda] TWETEM WITH all the improvements now or hereafter erected on the property, and all easements, aPpartenanm, and fixnues now or hereafter a part of the property. All replacements and additions shall also be covered by dus Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." r 1003251666 111= - 4ft-a(PA) ( 0 6+2) P403 of 1e Form 3flSt+ f10f UIg24PG4934- 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 bender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges Harrower 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 fhmds 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 sdected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's cluck, 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 Letder,in accordance with the notice provisions in Section 15. Lender may Mum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan eameut. Lender may accept any Payment or partial payment insufficient to bring the Loan cumnt, without waiver of any rights hereander or prejudice to its rights to refuse such payment or partial Payments in the f ram, but Lender is not obligated to apply such psyments at the time sue$ payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on unspoiled ft 0s. bender may bold such unspoiled 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 NOW immediately prior to foreclosure. No offset or claim which Borrower might have now or m the futare 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 ar 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 rem 'nine amolm 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 We charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outsunding, 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 1003251466 IAttl11K �, '� ��W (0502) Pw 4 a to Form 3039 UOt G� 924PG09 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess my be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, irrsnrsaee proceeds. or Misc eUsmus proceeds to principal due under the Note shall not extend or postpone the due date, or charge the amount, of the periodic payments. 3. Funds for Escrow Items. Borrower shall pay to Leader on the day periodic payments are due under the Note, until the Note is paid in fuU. a sum (the Tl wds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Insttnmeat as a lien or encumbrance on the Property; (b) leasehold, payments or ground rents on the property, if any; (c) Premiums for any and all insnrawe requlr by Lender under Section S; and (d) Mortgage lasurance Premiums. if any, or any sums Payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Ittems." At origination or at any time during the term of the Loan, Lender may require that Conummi y Association Dues, Fees, and Assessments, if airy, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shag promptly furnish to Leader an notices of amounts to be paid under this Section. Borrower shat! pay Lender the Funds for Escrow Items unless bender waives Borrower's obligation to pay the Funds for say or all F.scmw Item. Lender may waive Borrower's obligation to pay to Leader 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 directty, when and where payable, Me amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, Mall furnish to Lender receipts evidencing arch 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 Insuumeat, as the phrase "covenant and agreetaerrt" is used in Section 9. If Borrower is obligatod to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, bender may exercise its rights ender Section 9 and Pay such amount and Borrower 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 r Borrower shall pay to Lender all Foods, and in such amounts, that are then required under this Section 3.. Lender may. at any time, collect and hold Rinds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b).not to =rod 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 E Law. scrow Items or otherwise in accordance with Applicable The Funds Shan be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lehr. if Lander is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Finds to pay the Escrow Iteors no later than the time specified under RESPA. bender shall not charge Borrower for holding and applying the Fends, annually analyzing the escrow account, or verifying the Facmw 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 earnlMs on the Finds. Borrower and Lender can agree in writing, however, that interest soos2sias6 4 "A) (0602) Pp 6 d is Foan 3439 1141 $K f 924PGO936: shall be paid an the 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 RFSpA, Lender shall account to Borrower for the excess finds in accordance with RESPA. If there is a sbortagc of Finds held in escrow, as defined ender RFSPA, Leader shall notify Borrower as required by RESpA, and Borrower shail pay to Lender the amount accessary to make up the shortage in accordance with PMPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined ender RMA, Leader shall notify Borrower as required by RFSPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RFSPA, but in no more than 12 mthly payments. Upon payment in iifll of all sums secured by this Security Instrument, Leader 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 feats on the Property, if any. and Community Association Dues, Foes, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mafiner provided in Section 3. Borrower shall promptly discharge 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 lien in. legal proeadings which in Lender's op'nnion operate to prevent the eaforcemeat of the lien while those proceedings are pending, but only until such proceedings are concludod; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of tbt Property is subject to a lien which can attain priority over this Security Instrument, Leader may give Borrower a notice idm ifying the lien Within 10 days of the date on which that notim is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Leader may n 1111m Borrower to pay a one -time charge for a read estate tax verification and/or reporting service used by Lender in connection with this Doan. S. Property 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," mad 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 Leader requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance carrier providing the ins� 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 ore -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determimtion and certification services and subsequent charges cacti time remappmgs or similar changes occur which reasonably might affect such determination or certification Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. �� 3003251466 In111.1c sA"� �a(PIQ �osose P,o. a oe a Foam 3OU 1101 �{ 1924PGO931 If Borrower fails to maintain soy of the coverages described above, Lender may. obtain insurance coverage, at Lender's option and Borrower's expense. Lender is nmeder 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 Properly, or the contents of the Property, against ray tide, hazard or liability and might provide greater or leaser coverage than was previously in effect. Borrower acknowledges that the cost Of the inSUMnr� .coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts didmmod by Leader under this Section 3 shall become additional debt of Borrower encored 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 politics, 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 hold 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 rognired 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 inmrance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, ray insurance; proceeds, whether or not the underlying insurawc was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is eeonomicAy feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the night to hold such insurance proceeds until Lender has had an Opportunity to inspect such Property to enstme the work has been completed to Lender's satisfaction, provided that such Inspection shall be Undertaken Promptly. Lander 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, bender may file, negotiate and settle any available insurance claim and slated 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 Leader 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 tune amounts unpaid under the Nola or this Security Instrument, add (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all imiura. ce policies covering the Property, insofar as such rights in applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts tmpaid under the Note or this Security Instrument, whether or not then due. 1003252466 YIr1lI �i _ 4"A) (0502) PA0 r w l e Fonm 3M 1101 BK1924P.G.4.9.3 . 6. t)eeupaney. 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 widMd, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Properly; Iuspedions. 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 And= 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 ptrceala for such purposes. Lender may disk= proceeds for the "pairs 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, bender may inspect the interior of the improvements on the Property. mender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in defandt if, during the Loan application process, Borrower or any persons or entities acting at the direction of Bomower or with Borrower's knowledge or consent gave materially false, misleading, or inaccmuate 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 in the Property and Rights. Under this 5eeurity Instrument. If (a) Borrower fails to perform the covenants and agreements eoffiained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probaw, 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 Leader's interest in the Property and' rights under this Security Instrument, including protecting aWor 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) appearhrg' in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Insuume aL including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water - from pipes, eliminate building or other code violations or dangerous conditions, and have utHities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender iucu s no liability for not taking any or all actions authoriwd under this Section 9. 1003251466 4ft'a(t'A) teaazy v4. a a Ia Form 3039 1101 Lo � n 192.4.PG0939.. b .. ......^�...... _�.... _.. ._. .. �I. .. ..• � .. .. taco. -.�. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrowef 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 requestmg 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 lean told and the fee tide shall not merge unless Lender agrees to the merger in writing. Mort s age In wane. If Lender required Mortgage Insurance as a condition of making the Loan, Bo rrower s Fay 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 insollnm and Borrower was required to make separately designated payments toward the premiums for Mortgage Iasurarrc,., 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 hws ance previously in effect, from as alternate mortgage insurer selected by Lender. I# substantially equivalent Mort 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 Ions reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be require) to pay Borrower any Internet or on such loss reserve. Lender can no l onger reserve payments if Mortgage Insurance coverage (in the amount and for the period that tLLend� lass provided by an in== selected by Lander again becomes avalWIC is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required More Insurance as a condition of making the Loan and Borrower was required to make separately designated Payments toward the premiums for Mortgage Iuarracoe. Borrower shall pay the premiums required to maititx[n Mortgage Insuraace in effect, or to provide a non rtfimdable Ioss reserve, until Lender's requirement for Mortgage Insurance ends in awords= with arty written agreement between Borrower sad 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 MY incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage inures 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 ova party (or parties) to these agreements. These agroernents may require the mortgage insurer to male. payments using "T source Of funds that the mortgage insurer may have available (which may include fends obtained from Mort Inau:aace p gage tents, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any afFi[iate of airy of the #or�egoing. may receive (directly or indirectly) amounts that derive from (or might be chmuterized 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 abara of the premiums paid to the insurer. the arrangement is often termed " captive reinsurance." Fbriber: (a) Any such agreeraeata .rill not a ff ec t the auaotmts that Borrower Has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wffl not increase the amount Borrower will owe for Mortgage Inn anc% and they will not entitle Borrower to any "ran 1003432466 t�►di(PA) (06021 ap d t Amm 3034 1101 1924PG094 °4. (b) A44y each agreements will not affect the rights Borrower has - if any -� respect to the Mortgage Iaaarance hunter the Homeowners PrntecHoan Act of 1998 ar any other Jaw Riess rights MY include the right to receive certsdu dLaiosurM to t+cquW and obtain cancenoon of the Mortgage Insurance, to have the Mortgage Inca =ce terrahtated auto rsfhnd of any Mortgage Insurance pr+eniams that were utrearued at the time o such cance&tjou or termination. 11. Assignment of Miscellaneous proceeds; Forfeiture. All Miscellaneous Proceeds are bercby assigned to and shalt be paid to Lender. If the. Properly is damaged, such Miscellaneous proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and bender's security is not lessened. until Lender has and period, Leader shaft have the right to hold such M;�a�s pi Less satisfaction, ° a t)' m �pect snrh Property to ensure the work has been completed to provided that such inspection shall be undertaken promptdy. Lender may pay for the repairs and r in a single disbursement or in a series of progress payments as the work is Mmpnrnr Unless is ps agree men t is made in writing or Applicable Law requires inter to be paid on such Lender shall not be required to pay Borrower any interest or camiug8 on such Miscellaneous Proceeds. If the restoration or repair is not economically fexrsible or bender's security would be lessened, the Miscellaneous Proceeds shall be applied to the moans secured by this Security, I I ns t rumen t , wool whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous proceeds shack be applied in the order provided for in Section 2. In the event of a total halrirag. destruction, or loss in value of the Proceeds sball be applied to the sums secured this property, the Miscellaneous the excess, if any, paid to Borrower. d �' �� w or not then due, with In the event of a partial talting destruction. or loss in value of the Property in which the fair market value of the Property immediate before the partial taking. destruction. or loss in value is to or greater than the amount of the sums secured by this Security Instrtuttet<t immediately before � partial taking, destruction, or loss in value, unless Borrower and Lender oth,srvyise agree in writing, the stems secured by this Security I MuMeat shall be re chwed by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before tie ta ng, destruction, or loss in value divided by (b) tie fair market value of the Property immediately re 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 pal tag, destruction, or loss in value is less than Ute amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellanrnus Proceeds shall be applied to the sums secured by this Security Ialftwn at 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 w Puri' (as defined in the nm scmcaue) ours to main 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 tither to restoration or repair of the Property or to the sums secured by this Security Instrument, whetter 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 Mscelleneous Procce,&. Borrower shall be in default if any action or proceeding, whether civil or criminal is in Leader's judgment, could result in for[ of the Property or other material impairment �of n Leader s interest in the Property or rights under this Security insh moent. Harrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be !(� 1003251466 ®8(PA) tGSn7t)� - Fer�— Pw to of is Foam 3039 1101 BK 924PGO94 f dismissed with a Wiling that, in Injler's judgment, precludes forfeitow of the property or other material of 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 are hereby assigned and shell be paid to Lender. are AU 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. Borrvw'er Not Rdeutaed; Forbe armor By Leander Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured, by this Security Instrument granted by bender 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 re V red 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 Invtrument by reason of any demand made b the o ' final Borrower or any Sons in Interest of Borrower. Any forbeara b y ising any right or Y remedy including, without limitation, Lender's of ed perso Successors in LUetest of Borrower or in amounts Irsth�e amount � _ due, shall not e a waiver f or or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cam; Successors and Az�gns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- signs this Security 1MUurruent but does not execute the Note (a "co- signer "): (a) is co- sig this Security Instrument only to mortgage, grant and convey the co- signer's interest in the P 'tTM Ins h Securi agma b8 that L �i r a� personally obligated to pay the sums secured by this Security make any accommodations with any other Borrower can agree to extend, modify, forbear or co signer's consent. to the terms of this Security Instrument or the Note without the Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Irusttutnlent in writing, and is approved by Lender, shall obtain all of Borrower's rights sad benefits under this Security Arstromem. Borrower &all not be released t*tom Borrower's obligations and liability under this Security Ingrument tnie:ss Lender agrees to such release in writing. The Coven M 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, inelutding, but not limited to, attorneys' foes, property inspection and valuation fees. rn regard to any other firs, the absence: of express authority in this Security Imtnument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leader may no dune 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 dines, and that law is finally interpreted so that the inteikst or other loan ctrarVm coffocted or to be collected in eon=tion 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; sad (b) any sums already collected from Borrower which exceeded permitted limits will be r�efinded to Borrower. Lender may choose to make this refund by reducing clue principal )wed under the Note or by malting a direct payment to Borrower. If a refund reduces reduction will be treated as a partial prepayment w ith out my the p�Y�t Vie= is Provided for under the Note). Borrower-s p gpMuce f darge (whether or not a direct payment to Borrower will constitute a waiver of SAY right of action Borrower such refund made by of such Overcharge. aright have adsing out 15. Notices. All notices given by Borrower or Lender in connection with this Security bstrament must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 1003 @Sia66 ktlOdK �` 4ft (0602) PI tt MtEt Fours 3039 1101 �K 1924PGO942 have been given to %rmwcr when mailed by firs[ Cress maid Or w hen actually delivered to BorrowePs 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 specifics a procedure for reporting Borrower's change of address. then Bomower shall only report a change of address Wrpugb that spmfiad procedure There may be only one designated notice Address trader this Security I MrOU g ells at any one time. Any notice to bender shall be given by delivering it or by mailing it by first class mail to Leader'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 Leader until actually received by LmxW. If any notice required by this Security Iasti'narent is also required wader Applicable Law Me Applicable Law aeTUMment will satisfy the corresponding requirement undue this Security . 16. Governing Law; Severabdllty, Rules of Construction.. This Se=ty 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 mWire meats and lim of Applicable Law. Applicable Law might explicitly or implicitly allow the patties to y 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 shalt 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) wards of the masculine gender shall mean and include cor=Ponding neater words or words of the feminine gender; (b) words in the singular shall mean and �include the and vice versa; and (c) the word may gives sole discretion without any obligation to 17. Borr'ower's Copy. Borrower shall be given ono copy of the Note and of this Security Instrument. 18. Trantfer of the Property or a Benelidil 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 intCMts transferred in a bond for deed, contract for deed. iastallmeat 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 L.ender's prior written consent, Lender may require immediate payarent in full o f all stress severed by this Security Applicable e law. Instrument. . However. this option shall not be exercised by bender if such exercise is prohibited by 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 Sect within which Borrower tcwt pay all saws scevrcd by LI& Security Instrument. ion 15 Tf Borrower fails o pay these sums prior to the expiration of this Period, Lender nosy invoke any remedies permitted byy this rity Secu Instrument without farther notice or demand on Borrower. 19. Borrower's Right to Rdabtte Alta. Andentlon. If Borrower meet certain conditions. Boreawer shall have the right to have enforcement of this Security Itsstrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property puranant to any power of sale contained in this Security h3trur"t; (b) such other Period as Applicable Law night 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 wader this Security Instrument and the Note as if no acceleration bad occurred; (b) cotes any default of nay other covenants or r003251�66 uur � _ 4%-S(PA) f05012) ry. u2 or 1e Form 3099 1101 $H 1924PG09-43 agreements; (c) pays all expenses Incurred in enforcing this Security Instrtmre 34 including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other foes 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 I,en<kes interest in the Property and rights under this Security lnstrumed, and Borrower' a obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay $uch reinstatement sums and expenses in one or more of the following forms, as selected by bender: (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 Punds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain rally drective as if no acceleration had occurred. However, this right to reinstate shalt n apply in the case of acceleration wader Section 18. 20. Side of Note; Change of Lout Stryker-, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more tunes without prior notice to Borrower. A sale aright result in a change in the entity (known as the "Loan Servicee) that collects Periodic Payments due under the Note and this Security Insuument 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 MW Loan Servicer, the address to which payments should be made and any outer information RESPA requires in connection with a notice of uands r of servicing. if the Now is sold and therrst3er the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage Ioan servicing obligations to Borrower Will remain with the Loan Scrvicer 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 now party's actions pursuant to this Security Instrument or that alleges that the other party has 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 mptiz=euts of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be takm that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportanity to take corrective action provisions of" Section 20. 21. Hazardoma Substances. As used in this Section 21: (a) 'Hazardous Substances' are chase substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum proft;ts. toxic pesticides and herbiddek volatile solvents. materials containing asbestos or formaldehyde, and radioactive zrmte der; (b) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, 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• 1003231466 IMIYlc ft WA) (a=) r+q. is a to Form 3M 4101 SK 1924PGO944 Borrower shall not cause or permit the presence, use, disposal, storage, or of any Hazardous Substances, or threaten to release any Hazardous Subsumes, 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 affocts the value of the Property. The precedin4$ two sentences shall not apply to the pmscacc, usc, 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 ( including. but not limited to, hazardous substances in 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, am 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 affMU the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that array 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 limn u shall create any obligation on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement to this Security Instrument (but not rior to acceleration under Section 19 unless Applicable Law provides otherwise). Lmder shat notify Borrower of, among other things: (a) the default, (b) fire action required to can the default; (c) when the defaedt most be cured; and (d) that failure to can the default as n may result In acceleration of the sums secured by this Security Iastrapse:it, feredotaue by didak proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to eMerstion and foredosam If the default is not aired as spediied, Lender at its option may regtdre immediate payment is fall of all sums secured by this Security Instrument without further demand and may foreclose this Secarfty Instrument by judicial proceeding. Lender shall be untitled to collect all expeases incurred in pursuing the remedies provided in this Seddon 22, including, but not limited to, Attorneys' fees and cob of tide evfdeaee 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 became void. After such occurrence, Leader shall discharge and satisfy this Secunty Instrument. Borrower shall pay nay recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument. but only if the fee is paid to a third party for services rendered and the chargintg of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent ppee tted by Applicable Law, waives and releases argr error or defects in proceedings to enforce this S PY InIstrument. 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 bour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to aoquire title to the Property. this Security Instrument shall be a putcbAw tnoney 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. 1003231466 ®-0(PA) (*aoa) Page 14 or to Form 3039 1101 9K!9:24PGO945 BY SIGNING BFLOW, Borrower accepts and agrees to the terms and covermra contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Wib=ms: (Sea]) Diana L. Zdvarda - Borrower Timothy W. Zdward■ - Borrower (Sear (Seal) -Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seat) - Borrower - Borrower 1003251466 4WMA) Patsoffe Form 3029 1101 alt 924PGO946 COMMONWEALTH OF PENNSYLVANIA, ti ct County Sr on this, the 2 k day of 4,js j- .�) �� , before me, the undersigned officer personally appeared J (mown to me (or satisfactorily proven) to be the person(s) whose name(s) islare snbsmbed to the within instrument and acla owledged that helshelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires; COM MQNWFALTU OF V Nola N Sept NadA.GftvmNceMpWW �.M �7NPCrheriri � rY44ar �'�3�J�t Title of officer CertMeate of Residence I+ k 4f geC5 . do hereby certify that thecorrecta the within -named Mortgagee is 18 Von Nana., suit. 1000, Zxvine, CA 92612 Witness my hand this d G ik day of X 5v b+ . 'Y As mofMonmee 1003231166 t,au�tc �/ Zi 4ft-S(PA) (0502) P to of is Foan 3039 4101 Bft i �24PG09.47; ADJUSTABLE RATE RIDER (LIBOR Sir - Mandl hWa (As Pub bal In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RDER Is made this 2 6th day of Auquat, 2005 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Dead (the 'Security Instrument ") of the same date given by the undersigned ( "Borrower") to secure Borrower's Adjustable Rate We (the *Note ") to New Century Kortgage Corposatiou ( "Lender`) of the same date and covering the property described in the Security Instrument and located at: 3o3 xoraan Road, Camp Hill, PA 17011 - [Property Address] THE NOTE CONTAINS PROVISIONS AUIOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE UMMS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BCRKGWR MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows A. INTERESTRATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of a. 67s %. The Note provides for changes In the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate I will pay may change on the first day of septenber, 2007 , and on that day every 6th month thereafter. Each date on whic h my interest rate could change is called a "Change Data." (B) The index Beginning with the first Change Date, my Interest rate will be based on an Index. The "Index" Is the average of interbank offered rates for six month U.S, dollar - denominated deposits in the London market ( "LIBOR "), as published in The Wall Street Journal The most recent Index figure available as of the first business day of the month Immediately preceding the month In whic h the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that Is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calcuktlan of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding hive And seven Yantis (a l percentage points ( S. 700 %) to the Current Index. The Note Holder wi II then round the result of 1003251466 MULTISTATE ADJUSTABLE RATE RDER - UWR SIX -MONTH INDEX (AS PUBLISHED IN THE WALT. STREETJOURN - Single Family - Fannie Mae Uniform Instrumant 3 8R (040 2) Form 3138 1101 Page 1 of 3 INtials VMP Mortgage Solutions, Inc. (800)521 7291 m 1924PG0948- this addition to the nearest on"lghth of one percentage point (0.12 6 %). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am eat�ec� ed to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantlelly equal payments. The result of this calculation wil I be the new amount of my Mont My payment. J D) Umib on Interact Rate Chanpoe he Interest rate I am required to pay at the first Change Date will not be greater than 10 . 17 s % or less than S . 673 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than on. and One-half percentage points { s . s o o %) from the rate of Interest I have been paying for the preceding 6 months. My Interest rate will never be greater than is . 67.5 %. {9) Effective Bate of Choppes y new interest rate will become effective on each Change Date. 1 will pay the amount Of my new monthly Payment beginning on the first monthly payment date after the Change Date until the amount of my Monthly payment changes again. (F) Notts of Changos T he Note Holder vnl I deliver or mail to me a notice of any changes In my Interest rate and the amount of my monthly payment before the effective date of any change. The notice wil I Include Information required by law to be given to me and also the title and telephone number of a person who will a newer any question 1 may have regarding the not lee. B. TRANSFER Or THE PROPERTY OR A BENEFCIAL INTEREST N BORROWER Untform Covenant 18 of the Security Instrument Is amended to read as follows: Transter of the Property or a BanalWal Intonst In Borrower. As used In this Section 18, "Interest in the P"erty" means an legal or beneficial Interest In the Property, Including, but not limited" to, those beneficial interests transferred in a bond for deed, contract for dead, 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 Lenders 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 o 156 Ap plicable ted to Lender informattionn required by �a I to evalu Borrower t teendedd as transferee as If a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sin an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security instrument. Borrower will continue to be obligated under the Nate and this Security Instrument unless Lender releases Borrower In writing. 1003251466 lnitials:� 11.83 OR (040 2) Page 2 of 3 n _ Fomr 3138 chic BKI924PGO949" Ova I Bor owernot Cie of acceleration. The shalt pprrovide not less then 30 days from the date the notice is given In accordance wit h Section f 5 within which Borrower must pay all sums secured by this Security instrument. If Borrower falls to pay these sums prior to the e�cpiration of this period, Laidei may invoke any remedies permitted by this Security Instrument wit hoot further notice or demand on Borrower, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained Aln ALdjustable Rate hider. (Seal) . 1Cdxards - BorroweC Timothy 1r. idxards (SBeI) - Borrowe r (Seal) (Seal) - Borrower -Borrower (Saw) (I) -Borrower - Borrowe r (seal) (Seal) -Borrower - Borrower 1003251466 W3 OR (040 2) Page 3 of 3 Fan 3138 1 101 -BKI924PG09.50, ADJUSTABLE RATE RIDER ADDENDUM (I,1bor Index - Rate Calla) This Adjustable Rate Rider Addendum is made tbis 26% day of Argot 2005 and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the - Note ") and , Mortgage, Deed of Trust or Security Decd (the "Security Instrument") and Adjustable Rate hider (the "Rider) of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to Now Csnw7mortgalp Corporation (the „ Lender „ ) Proptxty securing repayment of the Note is descnW in the Security Instrument and lomtcd at; 303 Nwnan Road, Camp 141& pA 17011. (PropadyAd& —) To the extent that the provisions of this Adjustable. Rate Rider Addendum are inconsistent with the Provisions of the Note and/or Security Instrument aad/ar Rider, the provisions of this Addendum shall Prevail over and supersede any such inconsistent provisions of the Note andlor Sctutity Instrument and/or Rider. In addition to the covenants and agreements made in the Note, Security Instrument, and Rider, Borrower and Lender further covenant and agree as follows: 4. (D) LIMITS ON INTEREST RATE CHANGES The interest rate I am required to pay at the first change date will not be greater tham 10.175% or less than 8.675%. Aereafter, my interest rate wW never be increased or decreased on any shale Change Date by more than One AndOne4mlf percentwpaint(s) ( 1.500`/•) from the rate Oflnterestl have been paying for the preceding 6 monlba. My interest rate will never be greater than 15.675 or less than 8.675%. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this djustable Rake Rider Addendum. Diana L Edwards Throe ty W. Edwards NCUC Min-ble Rate RiduAddandum MI M (08 1003251488 229 PaRa I of 1 ��t 924PGO95I PREPAYMENT RIDER ADJUSTABLE RATE LOAN This Prepayment hider is made this 2M day of A1gld 2005 , and is incorporated into and shall be deemed to amend and supplement the Pr amissoxy Note (the 'Note ") and Mortgage, Deed of Trust or Security Deed (the "Security kwumme) of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to Now cam" mbrhipp Corpastion (the "Lender"). To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or Security Inshvment, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the Note and/or Seen* Instrument. In addition to the covenants and agreements made in the Note and Security Instrument, the Borrower and Lender further covenant and agree as follows: S. BORROWERS RIGHT TO PREPAY I have the right to make prepayments of principal any time before they are due. A payment of principal only Is )mown as a "prepayment ". When I mate a prepayment; I Will tell the Note Holder in writing I am doing so. 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 prepaymeu4 there will he no changes In the due dates of my monthly payments unless: the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. If within 2 year(s) from the date of execution of the Security Instrument, I make a fun prepayment or, in certain cases a partial prepayment, and the total of such prepayments) in any 12 -month period exceeds TWENTY PERCENT (Illy.) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of 6 months advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds TWENTY PERCENT (20 of the original principal amount of the loan. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained m this cart Rid D L Edwards Tin "W W. Edwards .NCMC m a y - ARM (M°t°zuft) 10032514W xa..103 (020900) Page 1 of r 6K 1924PGO952. EXHIBIT "A" LEGAL DESCRIPTION ALL that certain parcel of land and improvements thereon situate in the Township of-Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, and designated an parcel No. 13 -23- 0545 -184 and more fully described in a Deed dated November 24, 2000 and recorded December 1, 2000 in Cumberland County in Deed Book Volume 235 at Page 308, granted and conveyed unto Timothy W. Edwards and Diana L. Edwards, his wife. tc� �-;. recorded certify this , PA In cumberlan s`1,324PG0953 r STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: December 27, 2012 COMBINED NOTICE UNDER ACT 6 and ACT 91 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 THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1 -800- 342- 2397.(Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, 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. EXHIBIT J3 HOMEOWNER'S NAME(S): Timothy W. Edwards PROPERTY ADDRESS: 303 Norman Road, Camp Hill, PA 17011. MAILING ADDRESS: 205 Norman Rd, Camp Hill, PA 17011 -6127 LOAN ACCT. NO.: 706248341 ORIGINAL LENDER: New Century Mortgage Corporation. CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I INC. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM. FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 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, X 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 (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING 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 have tried and are Linable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30' DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 303 Norman Road, Camp Hill, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from September 1, 2012 through and including December 27, 2012 as follows: Payments of $890.46 due on 09/01/2012 through and including 12/01/2012, inthe amount of .................................. ............................... ....$3,561.84 Other charges (explain/itemize): Latecharges: .......................................................................... $93.84 Feesbilled ....................... ............................... ........................$663.50 Other charges ( explain) ....... ............................... ....................$0.00 Lesssuspense ................ ............................... ..........................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $4,319.18 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,319.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 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 p rope rty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the Unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you, still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by 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: Deutsche Bank National Trust Company, as Trustee, by its attorney -in -fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 -310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Si .e rely, S E E ERG, PC BY: Ste isen erg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTERINOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. Comprehensive Housing Counseling Agencies Agencias de Consejo al Cliente pars Yvienda Cumberland County "C CGS of 41'?,stern PA -York 55 ClnverHill Road Dallastown PA 17313 888.51122271 888.5112227 uNvwucccsoa.oro CornmunityAction Commission - Capital Region 1514 M y St Hardshutg PA 17104 717232 4757 waa:ccactfio`untv.arg Harrisburg Fair Housing Council 2100 N Gth St Hardshug PA 17110 717.238.9540 Housing & RedevelopmentAutlw ity- Cumberland Cnty 114 N Hanoyer'St; STE 104 Carlists PA 17013 866.683.59071717.249.0 789 KfxnJ.cchra.cort paffiatone Carporatiion Pennsylvania 1625 North Second St Harrishurg PA 17102 717234.6616 tiragV fa nli n et:gtt}athckNa Ra him Pennsylrania Interfaith Community Programs, Inc, 40 E High St Get, sburg PA 17325 717.334.1518 ivinaadamscha.oro NOTE: Many of the agencies ,offer vfarieNhops at various lo cation sites; call to find a location near you. Repots last updated: 4/30/2012 9:03:04 AM Page 1 of 1 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: December 27, 2012 COMBINED NOTICE UNDER ACT 6 and ACT 91 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 THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, 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. 1 HOMEOWNER'S NAME(S): Diana L. Edwards PROPERTY ADDRESS: 303 Nonnan Road, Camp Hill, PA 17011. MAILING ADDRESS: 205 Norman Rd, Camp Hill, PA 17011 -6127 LOAN ACCT. NO.: 706248341 ORIGINAL LENDER: New Century Mortgage Corporation. CURRENT LENDERISERVICER: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I INC. Trust 2006 -NCI, Mortgage Pass - Through Certificates, Series 2006 -NCI, by its attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 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 x 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 (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING 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 1 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 inforination about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE_ , THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the 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 (Brinjz it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 303 Norman Road, Camp Hill, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from September 1, 2012 through and including December 27, 2012 as follows: Payments of $890.46 due on 09/01/2012 through and including 12/01/2012, inthe amount of ................ ............................... ......................$3,561.84 Other charges (explain/itemize): Latecharges: .......................................................................... $93.84 Feesbilled ....................... ............................... ........................$663.50 Other charges ( explain) . ............................... ..........................$0.00 Lesssuspense ................ ............................... ..........................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $4,319.18 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,319.18, 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: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS. of the date of this Notice, the lender intends to exercise its rights to accelerate the mort%!aj4e 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 ro er IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the ain.ount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all .other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by 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: Deutsche Bank National Trust Company, as Trustee, by its attorney -in -fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 - 310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, E & E ERG, PC BY: Ste i erg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. aT Comprehensive Housing Au Counseling Agencies Agencias de Consejo al Clients para Vivienda Cumberland County 'C CCS of Westem PA - York 55 ClnverHill P4ad Dallastown PA 17313 888.5112227!888.511222] xlxw9.CGCS Da.4ra Community Action Commission - Capital Region - 1514 D4rry'-t Harrisburg PA 1]104 717232.9757 xwiwrcactriy = ntv.on� Harrisburg Fair Housing Council 2100 N Pith St Harrisburg PA 17110 717238 5540 Housing & RedeveFapmentAuthority- Cumberland Cnty 114 N Han4•rerSt; S7E 104 CarlisL- PA 17013 866.683.5907 ! 717.249.0785 xacaaechra.com Pathstone Corporation Pennsylvania 1625 North Seirond St Harrisburg PA 17102 717234.6616 x:�rnlriir2iis^ .1-yj athc o pa MM Pennsylvania Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 iyxw:(adam NOTE Many of the ayettciea offer workshops at various locationi sites; roll to find a location near you. P.4p4rt last u pdated: 4130!2012 9:03:04 AM Page 1 of 1 Name and STERN & EISENBERG e6wEs Address 261 Old York Road -The Pavilion -Ste 410 U of Sender Jenkintown PA 19046 "'�y V Line Article O0 Number ~ zip 19046 :� 2T • 1 * * ** Timothy . Edwards `' } "• 0001371685 DEC 27. 2612 CERTIFIED MAILT. RECEIPT Y 303 Norman Road • . . ti , Camp Hill, PA 17011 o Timothy W. Edwards N 205 Norman Rd, ra ( Domestic . . Cam Hill, PA 17011 a P ostage $ For delivery information visit our website at vvww.usps.comg 3 * * ** Diana L. Edwards Certified Fee O _�__Posynark Return Receipt Fee Here 303 Norman Road O (Endorsement Required) rU Hill PA 17011 co P osta g e $ Cam � � RestrictedDelivery r-9 �'� �•� t. },Y n•, 4 * * * * Diana L. Edwards Q (Endorsement Required) - — Certified Fee C3 Return Receipt Fee i : y'` p 205 Norman Rd 0 Total Postage & Fees $ here C3 ., °•'. rR p (Endorsement Required) n- 1 � 2 Cam Hill, PA 17011 sent To Restricted Delivery Fee 4 rU Timothy W. Edwards — (Endorsement Required) ~f i i 5 * * ** 17 X03 Norman Road , - - \ ; p �freet Fjpf. No.; r9 r %- or PO Box No. Camp Hill, PA 17011 O Total Postage& Fees ----- $ " -•- -------------------- — ra 6 * * * * PHFA city, state, ziP +a .r� N sent To Diana L. Edwards PS Form PO BOX 8029 006 o - - S------ pi No. ----------------- - - - - -- - - - - -- , August HARRISBURG, PA 17105 - 8(,/ - � or PO Box No. Camp Hill, PA 17011 __ r _ _____________________ ___ ____ ___ 205 Norman Rd, 7 * * * * c;ry, stare, NA . rr? _ g * * ** PS Form 3800, August 2006 See Reverse for Instructions 9 * * ** _ _ '• Po stal CE M . , ` R ECEIPT 10 * * * * "f..t j 1, R ECEI P T c c (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.comg m For information visit our website at www.usps.com 12 ;U * * * * Postage $ cp Postage $ u 13 Certified Fee rn ^ ' Certified Fee �t.° q` cc ` '� . • ` * * * * p y Postmark ` M i r - Postmaik7 * * * * � Return Receipt Fee ; ?` . — Ct Return Receipt Fee v 14 (Endorsement Required) `Here p n Here C3 e p (Endorsement Required) .; y Restricted Delivery Fee 0 � C3 (Endorsement Required) — Restricted Delivery Fee 15 RE: ACT NOTICE (Endorsement Required) O Total Postage & Fees $ — p Total Postage &Fees $ Total Number of Total Number of Pieces r I Sent To Pieces Listed b Sender Received at Post Office rn sent To - � Timothy W- Edwards — ru R -- - - - - -- - __________________•. Street, 205 Norman Rd, " C3 Ap'L lo. Street, Apt. No.; D iana Edwards r.. or PO Box No. Cam Hill, PA 17011 r - or PO Box No. 303 Norman Road, City, State, Z/P +4 cry" siaie, ziP+ Camp Hill, PA 17011 FORM 1 IN THE COURT OF COMMON PLEAS OF Deutsche Bank Naitonal Trust Company, et al CUMBERLAND COUNTY, PENNSYLVANIA Piaintiff(-s) �- M c. M rT1 � r ;Z) --< v t3 V5. @ CD i Timothy W. Edwards; et al i S 5 1> _c-) Defendant(s) Civil ,C ;rte 5 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 the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so "that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectful submitted: 7 l,� Date ignature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ 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? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we_ am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Deutsche Bank National Trust Company, et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Timothy W. Edwards, et al Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion - Program: and has taken all of the steps required that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF Deutsche Bank National Trust Company, et al : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Timothy W. Edwards, et al Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED--OF GE Sheriff F !HE PiROTH0 0TAR`t Jody S Smith Chief Deputy 2013 KAY 30 AM 11: 014 Richard W Stewart .r« � SLAHO COUNTY OFF' ''_ '` ' = PENNSYLVANIA. Deutsche Bank National Trust Co. Case Number vs. 2013-2565 Timothy W. Edwards(et al.) SHERIFF'S RETURN OF SERVICE 05/10/2013 06:19 PM- Deputy Ryan Burgett, 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: Diana L Fishel at 205 Norman Road, Lower Allen Township, Camp Hill, PA 17011. RYAN BURGETT, DEP 05/20/2013 07:25 PM-Deputy Noah Cline, 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 Kaila Edwards, daughter,who accepted as"Adult Person in Charge"for Timothy W. Edwards at 303 Norman Road, Lower Allen Township, Camp Hill, PA 17011. V _ NOAH CLINE, DEPUTY SHERIFF COST: $77.90 SO ANSWERS, May 24, 2013 RbNW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Toleosoft,Inc. STEVEN K.EISENBERG,ESQUIRE(7573 6) M.TROY FREEDMAN,ESQUIRE(85165). LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) n j fry ANDREW J.MARLEY(312314) (; 7 STERN&EISENBERG,PC L R A PdD C 1581 MAIN STREET,SUITE 200 ��� ��YLVAf tifA ! 1� WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Civil Action Number: 13-2565 Civil Trust 2006-NCI, Mortgage Pass-Through Certificates, Series 2006-NCI, by its Attorney-in- fact Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Timothy W. Edwards and Diana L. Fishel N/K/A Diana L. Edwards , for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE...................................................................$151,081.30 INTEREST accrued thru 02/24/2013 of ...........................................$3,322.49 Interest after 02/24/2013 shall accrue at the per diem rate of$16.32.) LATE CHARGES accrued thru 02/24/2013 of.................................$93.84 Late charges after 02/24/2013 shall accrue at the monthly rate of$31.28.) ESCROW ADVANCES....................................................................$671.28 CW I oARDS V�C'V u Ww FEESBILLED...................................................................................$674.00 ATTORNEY'S FEE..........................................................................$7,000.00 Sub-Total Through Date of Complaint........................................$162,842.91 ACCRUED INTEREST after 02/24/2013 shall accrue at the per diem rate of$16.32 to June 27, 2013..........................................................$2,007.36 ACCRUED LATE CHARGES Late charges after 02/24/2013 accruing at the monthly rate of$31.28 through June 27, 2013 .......................................................$156.40 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT.............................................................................$165,006.67 STERN&EISENBERG, PC BY: ❑ S,'EV K. EISENBERG, ESQUIRE �A OY FREEDMAN, ESQUIRE ❑ 1ACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Civil Action: 13-2565 Civil Trust 2006-NCI, Mortgage Pass-Through Certificates, Series 2006-NCI, by its Attorney-in- fact Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of-his knowledge, information and belief, Defendants': 1. Last-known address is Diana L. Fishel N/K/A Diana L. Edwards, 205 Norman Rd, Camp Hill, PA 17011-6127 Timothy W. Edwards, 303 Norman Rd, Camp Hill, PA 17011-6127 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN&EISENBERG, PC BY: ❑,ST EN K. EISENBERG, ESQUIRE p� ROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE e0MM0NWALT 0FF-k,w�eS VANi ❑ CHRISTINA C. VIOLA, ESQUIRE At.SCAT, ❑ ANDREW J. MARLEY, ESQUIRE AN Notary Public ontgorrlery C ounty Attorney for Plaintiff Liim es November 26,2016 Sworn q�and subscribed before me this Day of / , 2013. 7Q� Not Public Department of Defense Manpower Data Center neswtsasor:jun-`r-`u"vo:ou:uo SCRA 3.4 Pursuant toServicememben CiVilr Relief Act Last Name: EDWARDS First Name: DIANA Middle Name: L Active Duty Status As Of: Jun-27-2013 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 Dale 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. w Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Kesuits as or Jun-zi-Lu'IJ uo:":LJ SCRA 3.0 a Stat ''-R ort Pursuant,toServicemembem Cfvil.Relief Act Last Name: EDWARDS First Name: TIMOTHY Middle Name: W Active Duty Status As Of: Jun-27-2013 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 duly status based on the Active Duly Status Dale Left Active Duly 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Aal + ` Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006-NCI, Mortgage Pass-Through Civil Action: 13-2565 Civil Certificates, Series 2006-NCI, by its Attorney-in- fact Ocwen Loan Servicing LLC. V. Timothy W. Edwards MORTGAGE FORECLOSURE Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN&EISENBERG, PC BY: ❑ SATE K. EISENBERG, ESQUIRE M ROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN&EISENBERG PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company,as Trustee for Morgan-Stanley-Abs-Capital-I iiic—T-rust 2.0-0b -- Docket-#:-1-3.25-6.5-CiNil NC 1,Mortgage Pass-Through Certificates, Series 2006 -NC -I, --Oewe n-L-oan TEN-DAY-N-OTICE -- Servicing LLC. (Plaintiff) V. Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Timothy W.Edwards Diana L.Fishel N/K/A Diana L.Edwards 303 Norman Rd 205 Norman Rd Ca1np Hill,PA 17011 Camp Hill,PA 17011-6127 Date of Notice: Tuesday,June 11,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ... . . ..Cumberland County B_ar Association._ 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STERN&EISENBERG,PC B . Attorney for Plaintiff JAAshley 13\10 Days\Cumberland\ocwen.edwards.0613.docx n STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Civil Action: 13-2565 Civil Trust 2006-NCI, Mortgage Pass-Through Certificates, Series 2006-NCI,by its Attorney-in- fact Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN &EISENBERG, PC BY: VM.EV EISENBERG, ESQUIRE prM Y FREEDMAN, ESQUIRE • JACQUELINE F. McNALLY, ESQUIRE • LESLIE J. RASE, ESQUIRE • LEN M. GARZA, ESQUIRE • CHRISTINA C. VIOLA, ESQUIRE • ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff u STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREw J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006-NCI,Mortgage Pass-Through Civil Action: 13-2565 Civil Certificates, Series 2006-NCI, by its Attorney-in- fact Ocwen Loan Servicing LLC. MORTGAGE FORECLOSURE V. Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company, as Trustee by its Attorney-in-fact Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Timothy W. Edwards 303 Norman Rd Camp Hill,PA 17011-6127 Diana L. Fishel N/K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011-6127 (Defendant(s)) STERN&El N G, PC BY: WSE EISENBERG, ESQUIRE OY E EDMAN, E SQUIRE • JACQUELINE F. McNALLY, ESQUIRE • LESLIE J. RASE,ESQUIRE • LEN M. GARZA, ESQUIRE • CHRISTINA C. VIOLA, ESQUIRE • ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff C-_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVAF ... e a CIVIL DIVISION =� PRAECIPE FOR WRIT OF EXECUTION Cn -. Deutsche Bank National Trust Compan ❑confessed Judgment y -x Plaintiff ❑Other C'0 VS. File No. 13-2565 Timothy and Diana Edwards Amount Due $165,006.67 Defendant Interest from 6/28/13 at the perdiem of $16.32 UNTIL JUDGMENT PAID IN FULL Address: Atty's Comm 303 Norman Road Costs Camp Hill, PA 17011 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) 303 Norman Road, Camp Hill, PA 17011 and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). E] (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. Date 07/10/13 Signature: Print Name: eroy Freedman '1 Q Qj Address: 1581 Main St, Ste 200 Warrington, PA 18976 Attorney for: Plaintiff Telephone: 215-572-8111 ►� a Supreme Court ID No: 85165 C, Y3621 a D�3 Wf't� sst;�ed ALL THAT CERTAIN tract or lot of ground situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated May 13, 1966,as follows,to wit; BEGINNING at a point on the southerly line of Norman Road,200 feet measured in a westerly direction from the southwest corner of Norman and Kingsley Roads on the hereinafter mentioned Plan and at a corner of Lot No. 10,Block"O"on said Plan;thence along said lot, South 12 degrees 30 minutes West, 110 feet to a point on line of Lot No 32, Block O; thence along said Lot No. 32 at line of Lot No. 31, Block O, North 77 degrees 30 minutes West, 55 feet to a point on line of Lot No. 8, Block O; thence along said line North 12 degrees 30 minutes East, 110 feet to a point on Norman Road; thence along Norman Road, South 77 degrees 30 minutes East, 55 feet to a point,the place of BEGINNING. BEING Lot No. 9, Block O, Plan of Lots of Greater Highland Park as recorded in Plan Book 4,Page 89, Cumberland County Records. BEING the same premises which Timothy W. Edwards and Diana L. Fishel N/K/A Diana L. Edwards, his wife,by Deed dated November 24,2000 and recorded December 1,2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 235 Page 308, granted and conveyed unto Timothy W.Edwards and Diana L. Edwards,his wife,as tenants by the entireties PARCEL NO. 13-23-0545 � r STEVEN K.EISENBERG,ESQUIRE(75736) wl('-_� nrj �}p, M.TROY FREEDMAN,ESQUIRE(85165) ii x''1,0 T H2Ol"i) tii'ti 3 LESLIE J.RASE,ESQUIRE(58365) � L CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC O UP1D RL A N D G0 UU T Y 1581 MAIN STREET,SUITE 200 PENNSYLVANIA+- WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Civil Action: 13-2565 Civil Trust 2006-NCI, Mortgage Pass-Through Certificates, Series 2006-NCI, by its Attorney-in- fact Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 303 Norman Road, Camp Hill,PA. 1. Name and address of Owner(s) or Reputed Owner(s): Timothy W. Edwards 303 Norman Rd Camp Hill, PA 17011-6127 Diana L. Fishel N/K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011-6127 2. Name and address of Defendant(s) in the judgment: Timothy W. Edwards 303 Norman Rd Camp Hill, PA 17011-6127 Diana L. Fishel N/K/A Diana L. Edwards 205 Norman Rd Camp Hill, PA 17011-6127 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lower Allen Township 2233 Gettysburg Rd Camp Hill PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania 4910 Carlisle Pike, Suite 104-Hampden Center Mechanicsburg PA 17050 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania c/o CTY Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania 26525 North Riverwoods Blvd. Mettawa, IL 60045-3428 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 303 Norman Road Camp Hill, PA, 17011. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 10, 2013 STERN&EISENBERG, PC BY: ❑ S VE EISENBERG, ESQUIRE T �Y FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE COWAONWE.LTIA QF PENN�YLVANiA ❑ LESLIE J. RASE, ESQUIRE NOTARIAL SEAL ❑ LEN M. GARZA, ESQUIRE ANGELA HARRIGAN,Notary Public ❑ CHRISTINA C. VIOLA, ESQUIRE Abington Twl),;llflontgomery County ❑ ANDREW J. MARLEY, ESQUIRE M Canimission Expires November 26,2016 Attorney for Plaintiff Sworn tq and subscribed before me this�l'' Day of & , 2013. Not ublic STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) rct I FF' ji LESLIE J.RASE,ESQUIRE(58365 M G Ti:{ , CHRISTINA C.VIOLA,ESQUIRE(308909) r , �j ANDREW J.MARLEY(312314) AN STERN&EISENBERG,PC r'UIIQERL r ND COUNTY' 1581 MAIN STREET,SUITE 200 PENp,S YL VA p41,4 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FAcSIMn.E:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006-NCI, Mortgage Pass-Through Civil Action: 13-2565 Civil Certificates, Series 2006-NC1,by its Attorney-in- fact Ocwen Loan Servicing LLC. V. Timothy W. Edwards MORTGAGE FORECLOSURE Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards 303 Norman Rd 205 Norman Rd Camp Hill,PA 17011-6127 Camp Hill, PA 17011-6127 Your real estate at 303 Norman Road , Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$165,006.67 obtained by Deutsche Bank National Trust Company, as Trustee by its Attorney-in-fact Ocwen Loan Servicing LLC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern&Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC,telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped.,your property will be sold to the highest bidder. You may find out the price bid by calling Stem& Eisenberg PC,telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem&Eisenberg PC,telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff s Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses,or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Trust 2006- NCI,Mortgage Pass-Through Certificates, Series Civil Action: 13-2565 Civil 2006-NCI,by its Attorney-in-fact Ocwen Loan Servicing LLC. V. Timothy W.Edwards MORTGAGE FORECLOSURE Diana L.Fishel N/K/A Diana L. Edwards Defendant(s) RE: PREMISES: 303 Norman Road , Camp Hill,PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default,the above referenced premises,also described on the attached sheet,will be sold by the Sheriff of Cumberland County on Wednesday,December 4,2013 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$165,006.67 together with interest, costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days thereafter. July 10, 2013 STERN&EISENBE PC BY: ❑ ST.EVkf4 K.EISENBERG,ESQUIRE SIM OY FREEDMAN,ESQUIRE • JACQUELINE F.McNALLY,ESQUIRE • LESLIE J. RASE,ESQUIRE • LEN M. GARZA,ESQUIRE • CHRISTINA C.VIOLA,ESQUIRE • ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2565 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2006-NCI,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-NCI,BY ITS ATTORNEY-IN-FACT OCWEN LOAN SERVICING LLC Plaintiff(s) From TIMOTHY AND DIANA EDWARDS (1) You are directed to levy upon the property of the defendant(8)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $165,006.67 L.L.: $.50 Interest FROM 6/28/13 AT THE PER DIEM OF$16.32 UNTIL JUDGMENT PAID IN FULL Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.65 Other Costs: Plaintiff Paid: Date: 7/11/13 P4Ag David .Buell,Prot (Seal)` By- Deputy REQUESTING PARTY: Name: M.TROY FREEDMAN,ESQUIRE Address: STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for:PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 85165 i STEVEN K.EISENBERG,ESQUIRE(75736) TA Fpm E y r• �', 9k M.TROY FREEDMAN,ESQUIRE(85165) W A� LESLIE J.RASE,ESQUIRE(58365) 73 ,: CD CHRISTINA C.VIOLA,ESQUIRE(308909) a s .� 'S ANDREW J.MARLEY(312314) „r- + STERN&EISENBERG,PC N _ 1581 MAIN STREET,SUITE 200 �fl WARRINGTON,PENNSYLVANIA 18976 ' C'� E TELEPHONE:(215)572-8111 ;�= 7.7 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Abs Capital I inc. Civil Action Number: 13-2565 Civil Trust 2006-NC1, Mortgage Pass-Through Certificates, Series 2006-NC1, by its Attorney-in- fact Ocwen Loan Servicing LLC. v. MORTGAGE FORECLOSURE Timothy W. Edwards Diana L. Fishel N/K/A Diana L. Edwards Defendant(s) CERTIFICATE OF SERVICE I, ANDREW J. MARLEY, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the Defendants by certified mail return receipt requested and regular mail on September 24, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class,postage prepaid mail on September 24,2013,as evidenced by copy of certificates of mailing attached. STERl)Y& E : NB .d PC II B J. MARLE Attorney for P intif 9/27/13 `' U.S. Postal Service,. • CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) 112 For delivery information visit our website at www.usps co mx r--1 0— Postage Certified Fee Postmark D Return Receipt Fee D (Endorsement Requred) D Restricted Delivery Fee D (Endorsement Required)red) . S Total Postage&Fees m fU Sent To _ Diana L.Fishel N/K/A D orr o e f No Diana L.Edwards N city sid,"2/151 205 Norman ill PA 17011-6127 Camp erse for Instructions PS Form 3800, U.S. Postal Service T. CERTIFIED MAILTM, RECEIPT D (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website at www.usps.coma r—1 Q- Postage $ D Certified Fee m Postmark Q Return Receipt Fee Here D (Endorsement Required) D Restricted Delivery Fee D (Endorsement Required) -n Total Postage&Fees m Sent To ru Street,Apt.No.; Timothy w,Edwards or PO Box No. 303 Norman Rd • City,State,ZIP+4 Camp Hill,PA 17011-6127 PS Form 3800,August 2006 _ .e for Instructions ego a m %tt n p stolil GA N cl- O 1 1 Sig C:1 g °' Ro # c?‘ArA, 0 'CP t t-t'Di 't C6' i ?,Y;1\ e d `C) ta °0/ So' CA,' ' .4r ' 'a'e, ''',:ti S C I e* '•••- Q 1,' • rd n ¢ a d Oo cn 0 G a ' cD o � C� d• N sP i b 0 H $ C, `'s o b • 0' v' Q' o 0 0 tf) G to N 6 N 'C} c> t u' 0 a s "' rk co d. rat 0 N n C N o P %;t1',/ 4{'' ✓ ° o C . as 4 r' o � d $ ti) d v� x , `d r o . ON d p h �y y � � n ' � o n 0 N , ti)� "',,' 3' " J a o Y o � D d , . 0 ; vo ' C, rd " � f o et o -a ao 0 o o O ✓ O1 0 ofir*' ✓ 0 "`bN 0 o to r • a3. . V p' o .r; 1 -•e* °coo ,.v:ii.:r.i i...4 OON " '3 6 Cr %%III* VI 40 %.,.. -o © m o m, , Q Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i1PR 10 Fri << CUfM9Ef LANQ COU NTY PENNSYLVANIA Deutsche Bank National Trust Co. vs. Timothy W. Edwards (et al.) Case Number 2013 -2565 SHERIFF'S RETURN OF SERVICE 09/27/2013 04:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 303 Norman Road, Lower Allen - Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 04:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Timothy W. Edwards at 303 Norman Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 09/30/2013 05:22 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Chris Faircloth, Boyfriend, who accepted as "Adult Person in Charge" for Diana L Fishel at 205 Norman Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 12/03/2013 As directed by Steven Eisenberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/11/2014 As directed by Steven Eisenberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed ", per letter of instruction from Attorney. SHERIFF COST: $847.63 SO ANSWERS, April 08, 2014 :.,.r,t S . S er,,,. RONR ANDERSON, SHERIFF d 69 ebi 3.e)ti', 9'7 ;.: _ t4 • CD On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 303 Norman Road, Camp Hill, as Exhibit "A" filed with this a writ and by this Reference incorporated herein. N Date: August 26, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -2565 Civil Term DEUTSCHE BANK NATIONAL TRUST CO. vs. TIMOTHY W. EDWARDS Diana L. Fishel Atty.: Steven Eisenberg ALL THAT CERTAIN tract or lot of ground situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated May 13, 1966, as follows, to wit; BEGINNING at a point on the southerly line of Norman Road, 200 feet measured in a westerly direc- tion from the southwest corner of Norman and Kingsley Roads on the hereinafter mentioned Plan and at a corner of Lot No. 10, Block "0" on said Plan; thence along said lot, South 12 degrees 30 minutes West, 110 feet to a point on line of Lot No 32, Block 0; thence along said Lot No. 32 at line of Lot No. 31, Block 0, North 77 degrees 30 minutes West, 55 feet to a point on line of Lot No. 8, Block 0; thence along said line North 12 degrees 30 minutes East, 110 feet to a point on Norman Road; thence along Norman Road, South 77 degrees 30 minutes East, 55 feet to a point, the place of BEGINNING. BEING Lot No.9, Block 0, Plan of Lots of Greater Highland Park as recorded in Plan Book 4, Page 89, Cumberland County Records. BEING the same premises which Timothy W. Edwards and Diana L. Fishel n /k /a Diana L. Edwards, his wife, by Deed dated November 24, 2000 and recorded December 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 235 Page 308, granted and conveyed unto Timothy 52 W. Edwards and Diana L. Edwards, his wife, as tenants by the entireties. PARCEL NO. 13 -23 -0545. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E4litor SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717 - 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. 013 -2565 ChM Term DE SCHE BANK NATION - L TRUST CO. vs. IMOTHY W. EDWARD Diana L Fished, ' Atty: Steven Eisenberg ALL THAT CERTAIN tract or lot of ground situate in the lbwnship of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated May 13, 1966, as follows, to wit; BEGINNING at a point on the southerly line of Norman Road, 200 feet measured in a westerly direction from the southwest corner of Norman and Kingsley Roads on the hereinafter mentioned Plan and at a corner of Lot No. 10, Block "0" on said Plan; thence along said lot, South 12 degrees 30 minutes West, 110 feet to a point on line of Lot No 32, Block 0; thence along said Lot No. 32 at line of Lot No. 31, B II - rth 77 degrees 30 minutes West, eet to a point on line of Lot No. 8, Block 0; thence along said line North 12 degrees 30 minutes East, 110 feet tb a point on Norman Road; thence along Norman Road, South 77 degrees 30 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 and subscribed bef me this 11 day of November, 2013 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES