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HomeMy WebLinkAbout13-4634 f' A� f Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Cumberland County Docket No: / C „ 2 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S Lead Plaintiff's Name: Deutsche Bank National Trust Lead Defendant's Name: Harry E. Lingenfelter; E Company, as Trustee of the Home Equity Mortgage Darlene Lingenfelter C Loan Asset- Backed Trust Series INABS 2006 -E, Home T, Equity Mortgage Loan Asset - Backed Certificates, Series INABS 2006 -E under the Pooling and Servicing I agreement dated Dec 1, 2006 Dollar Amount Requested: LJ within arbitration limits N Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander /Libel/Defamation ❑ Employment Dispute: Other F] Zoning Board C ❑ Other: T ❑ Other: I ❑ Other: 0 MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS B E] Toxic Waste El Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/201] SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043567 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset - Backed Trust Series INABS 2006 -E, CUMBERLAND COUNTY Home Equity Mortgage Loan Asset - Backed Certificates, Series INAB S 2006 -E under the NO: Pooling and Servicing agreement dated Dec 1, 2006 PLAINTIFF 1 VS. Harry E. Lingenfelter 206 April Drive , Camp Hill PA 17011 Darlene Lingenfelter 206 April Drive Camp Hill, PA 17011 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043567 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset - Backed Trust Series INABS 2006 -E, CUMBERLAND COUNTY Home Equity Mortgage Loan Asset - Backed Certificates, Series INABS 2006 -E under the NO: Pooling and Servicing agreement dated Dec 1, 2006 PLAINTIFF VS. Harry E. Lingenfelter 206 April Drive Camp Hill, PA 17011 ; Darlene Lingenfelter 206 April Drive Camp Hill, PA 17011 i DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset - Backed Trust Series INABS 2006 -E, Home Equity Mortgage Loan Asset - Backed Certificates, Series INABS 2006 -E under the Pooling and Servicing agreement dated Dec 1, 2006, the address of which is, c/o OneWest Bank, FSB, 888 E. Walnut Street, Pasadena, California 91101, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B, its successors and assigns Mortgagor(s) Harry E. Lingenfelter and Darlene Lingenfelter (b) Date of Mortgage September 22, 2006 n (c) Place and Date of Record of Mortgage Recorder of Deeds � Cumberland County Mortgage Book 1967, Page 3292 Date: September 29, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B, its successors and assigns Assignee: Deutsche Bank National Trust Company as Trustee Date of Assignment: November 12, 2007 Recording Date: December 13, 2007 Instrument No.: 200746149 Assignor: Deutsche Bank National Trust Company as Trustee Assignee: Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset - Backed Trust Series INABS 2006 -E, Home Equity Mortgage Loan Asset - Backed Certificates, Series INABS 2006 -E under the Pooling and Servicing agreement dated Dec 1, 2006 Date of Assignment: November 23, 2009 Recording Date: April 26, 2010 Instrument No.: 201010363 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 206 April Drive, Camp Hill, PA 17011 and is more specifically described as attached as part of Exhibit "A ". 4. Harry E. Lingenfelter executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Harry E. Lingenfelter, 206 April Drive, Camp Hill, PA 17011 and Darlene Lingenfelter, 206 April Drive, Camp Hill, PA 17011. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2013 and have not been paid, and upon failure to make such payments when due, the i Y whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The total amount due the Plaintiff on said Note to July 6, 2013 is $145,007.42, which breaks down as follows: Principal Balance Due $142,209.82 Interest @ 4% $2,448.07 From February 1, 2013 to July 16, 2013 Pre- Acceleration Late Charges $77.56 Escrow Advances $271.97 $145,007.42 9. Per Diem interest in the amount of $15.58 will accrue on the Principal from July 6, 2013 in accordance with the terms of the note. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et S eMc ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SH PIRO & DeNARDO, LLC Date: �. L I BY: A eys for la tiff S & D File No. 13- 043567 P. ZIEGLER Prepared By: ".'"CORDEP. OF DEEDS (Colvow Name) X6 HP 29 HM 10 37 (Nam of Natwat Person) [S&WtAddAmgj ICms Sta Z(O Code] rTe MmW After recording please return to: BANK, F. S.B. , C/O DOCQMM HANAGEM lOYffpenr NAMI (Name of Natural Fbra%V BLDG B, 901 E 104TH ST, SUITE 4001500 lstnetAdd+esal KANSAS CITY, JHO 64131 (Ctty, State Zo C1ode 1 r@*V/wee Number) UPVPTN/rax ID: 01 —22-0531-114 (5pxr Abow MIS Lbn For Re oft Darn i MORTGAGE ivnr- DEFINITIONS Words used in multiple sections of this documcnt ato defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Secwrky Instrwueat" means this document, which is dated September 22, 2006 , together with all Riders to this document. Iran No. PeaasYivaata MartPLtSiQ& FAMUY -Faunk M OFftd& Mae UNIFORM i487 VMF»v7 MFRS Modff" Fem 30P S1/0r - --Tta: ComnAmcit Swwz, INc — 1 t+t<c 1 of ld �■� �wtmwte a....�ws �— Vim• ,�1����„ o¢oos.7l.ce�r+.er aa.e�. 4c. 8K 1967PG3292.. A b f a M "Borrower" is HMW E Ln;GE FELTER AMID DARISIE LnCENMTER BU.1H AS SIIrME ImiviDtKS Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for lender and Lender's successors and assigns. MERS is the Mort glee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and tekphone number of P O. Box 2026, Flint, h9 48501.2026, tel. (888) 679 - MERS. (0) "Lender" is INDI Z &W, F. S. B. , A FEEEP,Aig y CHARTMW SAVINGS BW Lender is a Federal Savings Bank organized and existing under the laws of United Stater, of Attwriee . Lender's address is 155 NORTH LAKE AVENUE, pASADM, CA 91101 (E) "Mott" means the promissory note signed by Borrower and dated September 22, 2006 The Note s�tSS.t�ei. Ho mer owes Lender one hundred twelve thousand five hurer+ed and I�U�1 0th Dollars (U.S. S 112,500.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2036 (F) "Property" means the property that is described below under the heading "M=fer of Rights in the property." (G) "LORE" moans 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 Insu=ent, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [cheat box as gpplleoblel. ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider (] Biweekly (] 1-4 Family Rider Cl Revocable Trust Rider Payment Rider ❑ Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable firth, non - appealable judicial opinions. W "Community Association Dues, Fees, and Ane"Menis" means all dues, fees, assessments and other charges that am imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) 'Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by chock, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, Point- of-sak transfers, automated tailor machine transactions; transfers initiated by telephone, wits transfers, and automated clearinghouse transfers. Loan NO3. reamyrwala Mite- Smile F8MdY -Fsnrk MA&W sddk a4e UMFORM INSMUMENT MERS Modltkd Fbrr 3039 61101 — COMKJA)ICC SW ACt, b W_ -- � ` L Pale 2 of 14 www.a�rnowa.m,u 1 p�iM pilr lYa •!A6 ���'��' 9JW3.7fn Cor�Bn„.e 6aos. inn 8K 1967PG3293 T W "Escrow hens" means those items that are described in Section 3. (M) "Miseelianeoas Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (ill) conveyance in lieu of condemnation; or (Iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. I (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (1i) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 12601 et seq.) and Its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" under RESPA. (t) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Note and/or this Security ,nstnrment. TRANSFER OF RIGHTS 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 performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successon and assigns) and to the successors and assigns of MERS the following described property located in the C M171ty of CUMBERLAND [Type of Re cardingJwIsdiction] [Name ofRecoldirg Jurisdiction] Tar Parce/ ID No: 01 -22 -0531 -114 SEE EXHIBIT A ATE HERETO AND MM A PART HEREOF which currently has the address of 206 APRIL, LtRIVE [Street) CAM HIIL Pennsylvania 17011 ("Property Addrtss "): [City) [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pact of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the intojests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Leader's successors and assigns) has the right to exercise ray or all of those interests, including, but not limited to, the right Loan No: F*Q -)1-W2 MorUW4!n* FamityFaaak bbVF*ddk Mae UNIFORM 114MUMEWr MERS Moditled Form 30.39 0191 —THE Commmcx Sovact, INc— Pone 3 of 14 94301% am an W" wiw.aaaplY, "..,.o.cr � ®Nn�un�n euoor,T>t.[:o.�rr,o.eeue..ae. BK 1967PG3294 I to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 warrattts 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 nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, latemst, Escrow Items, Prepayment Charges, and Late Charge& Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any Prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursu an to Section 3. Payments due under the Note and this Security Instrument shall be made in US. currency. However, If any check or otter instrument received by Lender as payment under the Note or this Svcutity Instrutment is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money Order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is Irawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Ponds Transfer. Payments arc deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to brig the Loan cuurrent. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in lire future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lender need not pay Interest on unapplied funds. Lender may hold such umapplied funds until Borrower makes Payment to bring the Loan current. If Borrower does not do so within it reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied oarUer, such funds will be applied to the outstanding principal balance under the Note immediately prior to forec No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accoptod and applied by Lender shall be applied In the following order of priority: (a) interest due under the Note, (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a Payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any Payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the bull payment of one or more Periodic Payments, such excess may be applied to any late thirsts due. Voluntary prepayments shall be applied first to any prepayment charg es and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Item& Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note paid in full, a sum (the "F unds Provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Not _Loan Ptanayrnals atortatae -SNngk Femily-Fa—** MadFft"C AMC UMpORM pffin MENVT —flai Coerrr.t,utca Souacr. INC.— L act I or t< MEltB Mo�tk ft 3e3! Otroa �w:°°npliwwwva�.eem �, P iQefrNMM O.neN! ��� IIIINII earns, n. c—Wfto raze+. L. BK f 967PG3295 property; (1n) leasebold Payments or ground rents on the Property, if any; (c) premiums for arty and all insurance required by Lander under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lander in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at a ny time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any. be escrowed by Borrower, and such dues, fees and esseasments shall be an Escrow item. Borrower shall promptly fivaish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leader waives Borrower's obligation to pay the Funds for my or all Escrow Items. Lender may waive Borrower's Obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver m2y only be in writing. In the event of such waiver, Borrower shall pay directly. when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requira, shall furnish to Lender receipts evidencing such payment within such time Period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenart and agreement captained ., in this Security Instrument the phrase "covenant and agreement is used in Sec:'m 9. If Borrower Is obligated to Pay Escrow hears direetty pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obliged under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to airy or t1 Escrow hems at any time by a notice given in accordance with Section ]S and, VPoa such revocation. any all shall pry to Lead er PfI Funds, and in such amounts, that an then required under this Section 3. Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum eanoant a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates under expenditures of future Escrow Items or otherwise in accordance with Applicable Law. of The Funds shall be held in an institution whose deposits we insured by a federal agency. instrumentality, or antiry The Lender, if Lender is an Institution whose deposits am so insured) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Frauds, arrawly analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lander verifying make such a charge. Unless an agreement is made in writing or Applicable Law requrira interest to be paid on the Funds, Lender steall not be required to pay Borrower interest or eamings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on 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 RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If theta is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is A deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more then 12 monthly payments Upon payment in full of all sums secumd by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; Lies. Borrower shall pay all taxes assessments, charges, fees, and icrpasiti attributabl � bltothe Property ty which can attain priority over this Security Instrument, leasehold payments or ground operry, if any. and Community Association Dues, Fees, and Assessments, if any. To the extent that these items we Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has prior* over this Security Instrument unless Borrower (a) agrees in writing to the Payment of the obligation secured by the lieu in a manner accept" to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforoeraerrt of the lien in, legal proceedings which in Lender's opinion operate to prevent the enfor of the lien while those proceedings are pending, but only until such proceedings Pro concluded; or t secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If fta tyre Fam11Y ilrmk MWpledd4 Mac UNrIAt)itM rNti7RUr i1 — MrSIAN It+ — Pane s or r1 rtERS Modnkd Fom� 3aS9 aunt � Lr BK 1967PG3296 �t Lender determines that any part of the property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a ogre -time change for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected an the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards Including. but not limited to, earthquakes and floods, for which Lender requires ' isurance. This inwrimce shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one - time charge for flood zone determination, oertifraU'on and tracking services; or (b) a onetime charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be iesponnsible 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. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower aclanowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 3 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate firom the date of disbursement and sha11 be payable, with suck interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shat) be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to 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 required by Lender, for damage to, or destruction of, the Propetty, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss Pte- In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lander and Borrower otherwise we in writing, any insurtaree proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single Payment or in a series of 1 gl P� progress Payments ss 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 shell be the sole obligation of Borrower. If the restoration or repair is not oc000mically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnsnurnent, whether or not then due, with the excess, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and soak any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby Pewny' ek Mer%PV -Sh le Fam46Faro11e MSVVMddk Mss UNIFORM INMUMMT HERS MedMed Fong JIM OUST BKI967PG3297 &'Wgru to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) say otber of Borrower's rights (other than the right to any rofund of unearned premiums paid by Borrower) under all insurance policies covering we Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, wbether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be umeasooably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenanee and Protection of the Property, IaepectloAL Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further dotalaration or damage. If insurance or condemnation proceeds are pair' in connection with damage to. or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the woIk is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. R Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or cownt gave materially false, misleading, or inaccurate Information or statements to lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy ofthe Property as Bomower's r-9neipal residence. 9. Protection of Lender's Interest in tke Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants ofd agreements contained in this Security Instratnent, (b) time is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security funs - Ument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. lender's actions can include, but art not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to uo so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender order this Section 9 shell become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acqubes foe title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Loan No, Pcaayhoide Mor4tae -SinOe Funily -Fanale MafFad& a4c UMKMM INSUL 4ENT MFRS IMoeincr Fora 303! OU1r Tom Conn iAmca Souses, rnG— Free 7 or U 14nn►4Wa an BK 1967PG3298. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiwns required to obtain coverage substantially equivalent to the Mortgage Imurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by IAmder. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage coned to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- mfimdable, notwithstanding the fact that the Loan is ukimately paid in Rrq, and Lender shall nor be required to pay Borrower any Interest or comings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non -ref aidabie loss reserve, until Lender's requirement for Mortgage lnsu ante ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affocts Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases tae Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage In urance. Mortgage insurers evaluate their total risk on all such insurwm in force from time to time, and may enter into agreements with other parties that shale or modify their risk. or reduce losses. These agreemenU are on terms and conditions that an satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk or reducing losses. If such agreement provides that an afBtiats of Lender takes a sham of the insurer's risk in exchange for a share of the premiums paid to the insi a, the arrangement is often termed "captive relncursnce " Further. (a) Any such agreements will not affect the amounts that Borrowa has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any rNnnd. (b) Any such agreements will not affed the rights Borrower has — if any — witk respect to the Mortgage Insurance under the Homeowners Protection Act of 1498 or any other law. Tbese rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage ]Insurance terminated automatically, And/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous proceeds. If the restoration or repair is not economically loan Not 1: Pem,sytvents Morfpse.Ssrgb Family -Fanak MudFtedr t Not u mnDitM rNS'mtj94v4T MGRS Modred Form 3039 01/01 —Tut CoMKJM1cE LNG— G- -- Pant i of l4 �aw�n►q,M wa nibs Mh•� �11MIgilYN 020DS,TMCcr�lievaarc�L�c t BI( 1967PG3299 i I feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss In value of the Propert; the Miscellaneous Proceeds shall be applied to the sums secured by this Security Insbument, whether or not than due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in vabe of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the NGseollaneaus Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking; destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair uruket value of the Property immediately before the partial taking, destruction, or loss in value• is less tban the amount of the sums secured immediately before the partial taking, destruction, or loss in value, tmmlec4 Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether or not then due. "Opposing party" means the third party that owes Borrower Miscellaneous Proceeds or the Party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security Instrument. Borrower can cue such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbeamace By Leader Not a Waiver. E3*nsion of the time for payment or modJtication of amortization of the sums secured by this Security Instrument granted by Lender. to Borrower or any Suocessor in Interest of Borrower shall not operate to release the liabiity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader In exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joist and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co-signing this Security Instrument only to mortgage. grant and convey the co- signer's iutmst in the Property under the terms of this Security itrstrumwt; @) is not personalty obligated to pay the sums secured by this Security Instrument and (c) agrots that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. IQW NO: I'aanyleada Morftmpg.SoWe FmWy -Fanak K*MF eddlt Aire UNIFORM nYST UMENT MFRS M96a7ed Rwm —Tma COMHJAN INC --- Pane 9 of 14 7039 Otl01 1+rrr IPA aueaw. uos BX 1967PG3300 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security lustrMIGM shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Lora Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to arty other fees, the absence of express authority in this Sam* Instrument to charge a specific fa to Borrower shall not tred as a prohibition on the charging of such fee. Lender may not charge fees that are expressly be consh prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fir W interpre ted that so the interest or other loan charges collected or to be collected in cornectiam with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refnaded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct P nt to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepay Y pr ePrYment cbarge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower wig Conant* a waiver of any right of action Borrower might have arising out of such overcharge. 11 Notices. All notices given by Borrower or Lender in connection with this Security Instrume in writing. Any notice to Borrower in connection with this Security nt must be Ins shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has de ' notice a substi address b notice to Lender. Borrower shall promptly notify Lender of Borrower's change f address, if Lender spa a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address dmgh that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering It or by mailing It by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender if any notice required by this Security Instrument is also required u Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabfllty; Raley of Coastraction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limkatioas of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such sileme shall not be construed as a prohibition against agreement by contract. In the event that any 1. ovislon or clause urity of this sec Instrument or the Note coatlicts with Applicable Law, such contllct shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used r this S ecur it y wor Instrument: (9) words of the masculine gender shall an and include eminine plural corre e in the ven and (c) the word "may" gives sole did shall wi obli� mean a ltrde the 17. Borrower's Copy. Borrower shall be given one copy of the Note and o this Sec action IS. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1 g "Interest in the Properly" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract of which is the transfer of title by Borrower at a future date to a purchaser or escrow agreement, the intent If all or any part of the property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, hnoylvada m Family- Ferrde Madrreddne Mae trM�RM Try Co ttY377ttAMFr'IT —etrsa wet SWUM. ` For lo 11 MER3 MadtfkA Four 3009 011ar .�w.mr�""'°�°'.a,° h ■ p ��surM �w w. oleos SK 1967PG330 Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of accelcradon. T'he notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower moots certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest op (a) five days before sale of the Property pursuant to any power of sale contained in this Security hisawaent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cases any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing tbls Security Instrument, includ but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and otber fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) oat: ad check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However; this right to reinstate shall not apply in the case of acceleration under Section IS. 20. Sale of Note; Change of Loaa Servicer; Notice of Grievance; 710 Note or a partial int reel in the NOW (together with this Security Instrturtent) can be sold one or more times without prior notice to Borrower. A sale trrigbt result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Low Serviecr, Borrower will be given written notice of the change which will state the name and address of the new Loan Services; the address to which payments should be made an d any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the *Tote, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument of 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 requirements of Section 75) of such alleged breach and affloWed the other party hereto a reasonable period after the giving of Mach notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and OWOrtunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 13 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous S u b s t ances , are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environ nental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and berbiclCIM voludle solvents, materials containing asbestos or formaldehyde. and radioactive materials; (b) "Environmental Law" means fedorad taws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental Protection; (c) TAvironmental Cleanup" includes any response action, remedial action, or removal action, as Doerr No; _ 2 Pen"Vanra MaetparSin& Family -Fault MadFreddle Mae UMFORM V 6MVMENT MFRS Modtficd Pons 3939 OJAI * Co seumcic SouRm iNc.-- FKe 11 of 14 14MrnA MM a". "43 - D L , SK 1967PG3302 defined in Environmental Law-, and (d) in "Eavirontnental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Eavirotunental Condition, or (c) which, due to the presence, use, or . ,lease of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (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 Envirommental Condition, including but not limited to, any spilling, leaking. discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (bat not prior to acceleration under Section 18 unless Applicable Law provides otherwise} Leader shall nodfy Borrower of, among other things: (a) the default; (b) the action required to cure lite default; (c) when the default oust be cured; and (d) that failure to cure the default as specified may result In acceleration of the sans secured by this Security lastrument, foreclosure by judicial proceeding and sale of the Property. Leader shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the more- exbtence of a default or any other defense of Borrower to acceleration and foredaare. If tie detault 1s not cured as specifled, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender stall be entitled to collect all expenses lacurred In pursuing the remedies provided In this Section 22, including, but not limited to, attorneys' fees and casts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender sball discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a thud party for services rerxlered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and reieases any error or defects in proceedings to cnforicc this Security Instrumerrt, 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. 2d` Reinstatement Period Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by 16s Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrum lent shall be a purchase money mortgage. 27. Interest Rate After .fudgmeaL 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 Writ payable from time to time under the Note. Lim No: Ftnarytrnrria MortPV -Si1W9 FOnUY-Faank MSOWddk Mac UNIMM INSTRUMENT MIMS MoOred For+a 3ir39 Opel — TIM ComKAAYmzSouaMh4c— rw12of14 ,unrowMw.�r,�s OXI967PG3303 lsrpaatirss FoNowhp P+vd1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and cuyerrants comained in this Security Instrument and in any Rider executed by Borrower and recorded with it. C- 0 (Seal) FIl4RRY I.ING�iFELTER -B0m lPriared NaartJ (Prkl d Naraef (Seal) - Borrower (Prw d N-81 (Seal) Bwower fPrWddNwwj Certificate of Residence: V% do hereby certify that the precise address of the within named mortgagee, assignee or person entitled to interest i,; '�vl ! t l �= { � ei�, �s�ts �� �v c, k4 31 B Title: 1 tAtYfl v**x QMnt on FoY0** jl Pap) T�oalt IJ�7 Pemayrraala Mwtpg*SkWc Fundy -Fannk Mw/Fwddk Mae UNIFORM 948f7tI b"M MW NO~ Fars 3079 OU01 THE COW"AANCL SMUM INC. -- Pale 13 or 14 14MFA 0NO a.v. Mws 8KI967PG3304 i State of County of § On this, the % G �Y of G"kl0 aoC�, before me the undersigned officer, personally aPpeared SUM E LOGIIUM ER alai DMM LINGENFELTER known to me (or satisfactorily proven) to be the person(s) whose name(s) isjj�ltbscrit d to the within: insaumnt, and acknowledged that hel ecuted the same for the Purposes therein contained. In witness whereof, I hereunto set my hand and offlcial seal. COMMONWEACrH ENNS G ` Noteml Sal 1 rktrris R. Moyer. r.. Notary Puglia East Hempfietd Twp.. Lancsgec (seal) My Comminion Expm July 9. 200E IL Member Pamnylaria Asa o"M W NOWW Tide of Otrww �, Lr Lom No r. Ptoft.A aota Mortpe -SiVk Funjb.Fssme MaNFrodd a Mae UNIFORM WMUMYW MERS ModItled Farr 3W 91191 —Tw CoMruAacm &wxcz, U+c.— hee 14 of 14 14 MMwws«, e»s �w.aowPlYneMO.ro.aos , I,���,"„�� o70os.'n.Corpl+.o.7aaw. Lc. BK ! 967PG3305 ,1'' w► Legs] Description All that certain tract or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of April Drive, which point is 188.76 feet east of the southeasterly corner of April Drive and March Drive and at the dividing line between Lots Nos. 118 and 119, Block "E ", on the hereinafter mentioned Plan of Lots; thence along the southerly line of April Drive in an arc having a radius of 307.53 feet in an easterly dirction to the left 60 feet to a point at dividing line b tween Lots Nos. 117 and 118, Block "E", on said Plan; thence along said dividing line south 24 degrees 7 minutes west 122.83 feet to a point; thence north 84 degrees 42 minutes west 96.99 feet to a point dividing line between Lots Nos. 118 and 119 aforesaid; in Block "E "; thence along same dividing line north 35 degrees 29 minutes east 163.27 feet to a point, the place of BEGINNING. BEING Lot No. 118, Block "E ", Section 3, in Plan of Trindle Village, which PIan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, pages 54. BEING Parcel No. 01 -22- 0531 -114 y 8KI967PG33O6 i OR NOTE September 22, 2006 HARRISBURG Pennsylvania [Date] [City) [State] 206 APRIL DRIVE, CAMP HILL, PA 17011 [Property Addresrj 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 112, 500.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is IND}MC BANK, F.S.B. , A FEDERALL CHARTERED SAVINGS BANK I will make all payments under this Note in the j form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making a payment every month. I will make my monthly payment on the 115t day of each month beginning on NOVenter, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on October 1, 2036 , I still L /e amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at INDYMAC BANK, F.S.B. , P.O. BOX 78826, PHOENIX, AZ 85062 -8826 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 945.96 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. Ht, wever, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Loan No: MIN: Multistate Fixed Rate Note — Single Fruity— Fannit Mae/Freddit Mat UNIFORM INSTRUMENT Porn 3200 01/01 —THE COMPLIANCE SOURCE, INC.— Page t of 3 03000 The c. ,1 = 9114U M rvw.wopfrnwwce.mm �C r � M 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 o va of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default I If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. I & OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same Nair No: Multistate Flied Rate Note— Singlc Famdy— Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3300 01/01 —Try COMPLIANCE SOURCE, INC.— Page 3 0r3 1 r ONK The Com 8 p' w 1-. ,.m. mmp�.neamme.mm N II��I�IB���EIg1�A�1 i date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If'Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) HARRY 9 LINGINFELTlR - Bortowcr - Borrower (Seal) (Seal) - Borrower - Borrower PAY TO THE ORDER OF (Sign Original Only) WITHOUT RECOURSE i INDYMAC BANK, E.S.B. VINCENT 1 »:)MBROWSKI VICE PRESIDENT Loan No: Muldstate Fixed Rate Note—Single Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fom 3200 01/01 — THE COM PLIANCE SOURCE, INC.— � p � Page 3 of 3 11u1MU awo 0=3.7%s r —pn—So .I". IndyMac Mortgage Services a Division of One West Bank PO Box 9042 PRESORT Temecula, CA 92589.9042 First -Class Mail U.S. Postage and Fees Paid W SO Send Payments to: IndyMac Mortgage Services 7196 9006 9296 7111 2992 a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003 -4045 20130514 -72 ���iIItl���iIIIIII�uIIIIIIrIIIIrIn�illii��illlll , DARLENE LINGENFELTER 206 APRIL DR Send Correspondence to: CAMP HILL, PA 17011 -5006 IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003 -4045 XC718 P xh#611C y a 05/14/2013 Sent Via Certified Mail 7196 9006 9296 7111 2992 DARLENE LINGENFELTER 206 APRIL DR CAMP HILL, PA 17011 -5006 RE: Loan Number: Legal Description of Property: 206 APRIL DRIVE CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Rages. The HOMEOWNER'S EMERGENCY 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your county are listed at the end of this Notice. If you have any questions, o�y call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call 1- 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 CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOT ECA. 7196 9006 9296 7111 2992 y HOMEOWNER'S NAME(S): DARLENE LINGENFELTER PROPERTY ADDRESS: 206 APRIL DRIVE CAMP HILL, PA 17011 LOAN ACCT. NO.: ORIGINAL LENDER: IndyMac Bank, F.S.B., a federally chartered savings bank CURRENT LENDER/SERVICER: ONEWEST BANK, FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to -face meeting with the counseling agency. YOU SHOULD 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 ANAPPLICA TION 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. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A 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 ou can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at 206 APRIL DRIVE CAMP HILL, PA 17011 is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 03/01/2013 Current Monthly Payment: $1,073.12 Total Monthly Payments Due: $3,219.36 Late Charges: $77.56 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Partial Payment Balance: - 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,296.92 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,296.92, 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 IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062 -88026 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 foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to aav attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 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: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1 -877- 908 -4357 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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be eligible to 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 will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. QxAfiest Bank 7196 9006 9296 7111 2992 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. You may also contact a HUD- approved housing counseling agency toll -free at 1- 800 -569 -4287 or TDD 1- 800 - 877 -8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an "automatic stay" in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this.communication is intended solely for informational purposes. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank, FSB Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062 -88026 Ed HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 03120/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717 - 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Pagel of8 7116 9006 9296 7111 2992 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/20/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717 - 780 -3940 800 -342 -2397 HC Page8 of8 7196 9006 9296 7111 2992 IndyMac Mortgage Services a Division of One W est Bank PO Box 9042 PRESORT Temecula, CA 92589 -9042 First -Class Mail U.S. Postage and Fees Paid W SO Send Payments to: IndyMac Mortgage Services - 7196 9006 9296 7111 2985 a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003 -4045 20130514 -72 HARRY LINGENFELTER 206 APRIL DR Send Correspondence to: CAMP HILL, PA 17011 -5006 IndyMac Mortgage Services a Division of One West Bank 9 PO Box4045 Kalamazoo, MI 49003 -4045 XC718 05/14/2013 Sent Via Certified Mail 7196 9006 9296 7111 2985 HARRY LINGENFELTER 206 APRIL DR CAMP HILL, PA 17011 -5006 RE: Loan Number: Legal Description of Property: 206 APRIL DRIVE CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies servicing 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 1 -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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO. MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 7196 9006 9296 7111 2985 HOMEOWNER'S NAME(S): HARRY LINGENFELTER PROPERTY ADDRESS: 206 APRIL DRIVE CAMP HILL, PA 17011 LOAN ACCT. NO.: ORIGINAL LENDER: IndyMac Bank, F.S.B., a federally chartered savings bank CURRENT LENDER/SERVICER: ONEWEST BANK, FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'; EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA, and received within thirty (30) days of your face-to -face meeting with the counseling agency. YOU SHOULD 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 APPLICA TION WITHP1IFA 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. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A 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 bankiruptey you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at 206 APRIL DRIVE CAMP HILL, PA 17011 is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: 03/01/2013 Current Monthly Payment: $1,073.12 Total Monthly Payments Due: $3,219.36 Late Charges: $77.56 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Partial Payment Balance: - 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,296.92 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,296.92, 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 IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062 -88026 KIN 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 foreclosure upon your morteaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also 'include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nav 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 anny time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writine 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 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1 -877- 908 -4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be eligible to 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 will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. 7196 9006 9296 7111 2985 r 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. You may also contact a HUD - approved housing counseling agency toll -free at 1- 800 -569 -4287 or TDD 1- 800 -877 -8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an "automatic stay" in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this communication is intended solely for informational purposes. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank, FSB Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062 -88026 HEMAP Consumer Credit Counseling Agencies YORK County Rcport last updattd: 03/20/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717- 392 -5467 717 - 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page? of8 7196 9006 9296 7111 2985 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/20/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 -342 -2397 HC Page of 71% 9006 9296 7111 2985 VERIFICATION The undersigned is Assistant Secretary of OneWest Bank, FSB on behalf of and as such is familiar with the business records maintained by OneWest Bank, FSB for the purpose of servicing mortgage loans. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from other information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by OneWest Bank, FSB. I am authorized to make this verification on behalf of Plaintiff and hereby verify that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. OneWest Bank, F56�mrbeh�f Date: jQ 013 CA x Lek Name: Uhuck lencer Title: As sistant secre Company:al e hA / FS S & D FILE NO: 13- 043567 Harry E. Lingenfelter and Darlene Lingenfelter r ' FORM 1 IN THE COURT OF COMMON PLEAS OF Deutsche Bank National Trust Company, as Trustee : CUMBERLAND COUNTY, of the Home Equity Mortgage Loan Asset - Backed PENNSYLVANIA Trust Series INABS 2006 -E, Home Equity Mortgage , Loan Asset - Backed Certificates, Series INABS 2006 -E under the Pooling and Servicing agreement dated Dec 1, 2006 r F 74 Plaintiff(s) ^F_ Vs. Harry E. Lingenfelter 206 April Drive Camp Hill, PA 17011 Darlene Lingenfelter 206 April Drive Camp Hill, PA 17011 DEFENDANTS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a r. 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. Respectfully submitted: SHAPIRO & DeNARDO, LLC Date A o eys or Plaintif S 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 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-BORROWER 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 & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: fear: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other pro . Payment Install. Loan Payment Cable TV Child Sup ort/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 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? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m 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 Co- Borrower Signature Date Please forward this document along with the' following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF Deutsche Bank National Trust Company, as Trustee CUMBERLAND COUNTY, PENNSYLVANIA of the Home Equity Mortgage Loan Asset - Backed Trust Series INABS 2006 -E, Home Equity Mortgage Loan Asset - Backed Certificates, Series INABS 2006 -E under the Pooling and Servicing agreement dated Dec 1, 2006 Plaintiff(s) vS. Harry E. Lingenfelter 206 April Drive Camp Hill, PA 17011 Darlene Lingenfelter 206 April Drive Camp Hill, PA 17011 DEFENDANTS 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 in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative I t i J � � Signature of Defendant Date I Signature of Defen dant Date 1 1 f � f I { f � 1 If i II 1 = If 1! i FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. 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 defend antiborrower 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 defendantiborrower. 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 within 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. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed 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. Respectfully submitted: Date [S gnat e f C nsel for Plaintiff) 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 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 & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 nd 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 Su ort/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No 0 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? Yes 0 No 0 If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND ,000NTY Ronny RAnderson F. F-1)-0F1- 1C Sheriff t`' T HE P R 0 T H ON0 [A.P,'a' Jody S Smith �ay�jttp aY � Chief Deputy : Z �3 AUG E Richard W Stewart .} CUMBERLAND COUNTV Solicitor OFFICE OF THE SWERIFF PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. Harry E Lingenfelter(et al.) 2013-4634 SHERIFF'S RETURN OF SERVICE 08/08/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served" at 206 April Drive, Camp Hill Borough, Camp Hill, PA 17011. There were no other occupants of the residence other than the defendants. 08/08/2013 09:16 PM- Deputy Jeff Kolodzi, 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 Darlene Lingenfelter,wife,who accepted as"Adult Person in Charge"for Harry E Lingenfelter at 206 April Drive, Camp Hill Borough, Camp Hill, PA 17 1. KO ODZI, DEPUTY 08/08/2013 09:16 PM- Deputy Jeff Kolodzi, 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: Darlene Lingenfelter at 206 April Drive, Camp Hill Borough, Camp Hill, PA 17011. F K ODZI, 15EPUTY SHERIFF COST: $76.95 SO ANSWERS, August 09, 2013 RONtrY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosoft.Inc. FORM 3 : IN T14E COURT OF COMMON PLEAS OF Deutsche Bank National Trust Company,as Trustee CUMBERLAND COUNTY,PENNSYLVANIA of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-E,Home Equity Mortgage Loan Asset-Backed Certificates,Series INABS 2006-E under the Pooling and Servicing agreement dated Dec 1,2006 Plaintiff(s) vs. Harry E. Lingenfelter 206 April Drive MCC Camp Hill,PA 17011 ' , Ca c:. Darlene Lingenfelter r --a�a 206 April Drive _ Camp Hill,,PA 17011 5_x � DEFENDANTS © . "�� 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 in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. gnature of Defendant's Counsel/Appointed Date Legal Representative . al � F(� �� ��� i i { �k< Signature of Defendant Date Signature of Defeiladant Date I. I i i t fl • i •q i 1 • �k i 1 I • k Certificate of Service The undersigned certifies that a copy of the foregoing was served on the following by First Class Mail, postage prepaid on September 9, 2013 to: Christopher Denardo Caitlin Donnelly Kassia Fialkoff 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 Counsel for Plaintiff Deutsche Bank National Trust Company Melissa H. Calvanelli Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 J2Z David T. Miller DEUTSCHE BANK NATIONAL : IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, as Trustee : CUMBERLAND COUNTY, PENNSYLVANIA of the Home Equity Mortgage Loan Asset-Backed Certificates • Series INABS 2006-E under the • Pooling and Servicing agreement • C dated Dec. 1, 2006, • Plaintiff • rri z -pt cnr- ry ter*`• vs. : CIVIL ACTION a Cam? s1'. - : NO. 13-4634 CIVIL _ " HARRY E. LINGENFELTER and : � ` " DARLENE LINGENFELTER, : cm Defendants • CASE MANAGEMENT ORDER AND NOW, this /9i day of November, 2013, the parties having agreed to 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 92,-n UU ,'u4,t . o1G/y , at 3: DO o m. in Chambers No. 4 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 within 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, Key' A. Hess, P.J. Caitlin Donnelly, Esquire 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 For the Plaintiff ./David T. Miller, Esquire 950 Walnut Bottom Road, Suite 15-209 Carlisle, PA 17013 For the Defendants :rim Cop l'cs /12. 1&rt., /i/a.oh3 SHAPIRO &DeNARDO, LLC t i r' 0 tr,. BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D.NO. 7844Zf 3 pj10V 2 t Pit ? CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 , AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 fiF, ,�, BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 P'1*d S YL V!j N t A° ' f 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-043567 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset-Backed Trust Series INABS 2006-E, CUMBERLAND COUNTY Home Equity Mortgage Loan Asset-Backed ; Certificates, Series INABS 2006-E under the NO: 1.3-4634 Civil Pooling and Servicing agreement dated Dec ; 1, 2006 PLAINTIFF VS. Harry E. Lingenfelter and Darlene Lingenfelter DEFENDANTS PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC Date: BY: Attorneys for Plaintiff SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043567 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee of the Home Equity Mortgage Loan CIVIL DIVISION Asset-Backed Trust Series INABS 2006-E, CUMBERLAND COUNTY Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2006-E under the NO: 13-4634 Civil Pooling and Servicing agreement dated Dec 1, 2006 PLAINTIFF VS. Harry E. Lingenfelter and Darlene Lingenfelter DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Harry E. Lingenfelter 206 April Drive Camp Hill,PA 17011 Darlene Lingenfelter 206 April Drive Camp Hill,PA 17011 SHAPIRO &DeNARDO, LLC Date: BY: 4i Attorneys for Plaintiff DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, as Trustee CUMBERLAND COUNTY, PENNSYLVANIA of the Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-E under the Pooling and Servicing agreement Ll dated Dec. 1, 2006, Plaintiff �� VS. CIVIL ACTION r-- ! ZG NO. 13-4634 CIVIL HARRY E. LINGENFELTER and DARLENE LINGENFELTER, Defendants ORDER AND NOW,this 24' day of November, 2013, it appearing that a praecipe to settle and discontinue this matter was filed in the Prothonotary's office on November 21, 2013, the conciliation conference scheduled for January 10, 2014, at 3:00 p.m. is cancelled. BY THE COURT, A Kevin Hess, P. J. /Caitlin Donnelly, Esquire 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 For the Plaintiff /David T. Miller, Esquire 950 Walnut Bottom Road, Suite 15-209 Carlisle, PA 17013 For the Defendants ,etc