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HomeMy WebLinkAbout13-4782 08- 12- 13;03:05PM;412- 471 -2754 # 1/ 1 Supreme Co nnsylvania Cou . leas For Prothonotary Use Only: i Docket No `• �' County The information collected on this form-is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. a; Commencement of Action: mplaint C3 Writ of Summons Q Petition tansfer from Another Jurisdiction Q Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: "' MORti t Su,; J PRIt -12 ftWo G-t"V I oG<. -- Dollar Amount Requested: ❑ within arbitration limits Are money damages requested ? 'Yes ❑ No � (check one) utside arbitration limits .... Is this a'Class.At&* Suit? ❑ Yes '�No Is this an 11ZDJAppeal? Q Yes No Name of Plaintiff/Appellant's Attorney: :;ST ❑ 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 "descri your PRIMARY CASE. If you are making more than one type of claim, check the one that >f `' 4 you consider most important_ TORT (do not include Mars Ton) CONTRACT (do not include Judgments) CTU APPEALS `= ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies D Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment C3 Motor Vehicle Q Debt Collection: Other ❑ Board of Elections ' ❑ Nuisance [] Dept. of Transportation © [� Premises Liability Statutory Appeal: Other ❑ Product Liability (does not include ❑ Employment Dispute: mass tort) ;,. Discrimination ;...�:; . ❑ Slander/Libel/ Defamation C. ©Other E3 Employment Dispute: Other ❑Zoning Board =' © Other. MASS TORT D Other ❑ Asbestos D Tobacco rti = ❑ Toxic Tort -DES ❑ Toxic Tort - Implant l_ REAL PROPERTY MISCELLANEOUS s... [3 Toxic Waste [l Ejectment © Common Law /Statutory Arbitration D Other: E3 Eminent Domain/Condemnation ❑Declaratory Judgment [3 Ground Rent Mandamus ❑ Landlord/Tenant Dispute g Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITI' C3 Mortgage Foreclosure: Commercial 0 Quo OVarranto a4,` ❑Dental ❑ Partition Levin ^S.:f. ` ❑ Legal ❑ Quiet Title Other. ❑ Medical Q Other. ❑ Other Professional: Updated 14/2011 a ..t 9 a.� C3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21 St Mortgage Corporation, CIVIL DIVISION Plaintiff, No. 13 - 4F vs. TYPE OF PLEADING: Complaint in Replevin Sean Pairiter and Christina Ipock, Filed on Behalf of Defendants. 21" Mortgage Corporation Counsel of Record for this Party: Daniel C. Lawson PA. I.D. #38562 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 15219 -6194 Telephone No.: (412) 261 -6600 Fax No.: (412) 471 -2754 0 �Io /I 11 -760 X7'7" 01 9 1/3 2 z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21" Mortgage Corporation, CIVIL DIVISION Plaintiff, No. VS. Sean Painter and Christina Ipock, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717- 249 -3166 OR 800 - 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21 Mortgage Corporation, CIVIL DIVISION Plaintiff, No. VS. Sean Painter and Christina Ipock, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes 21' Mortgage Corporation, by and through its attorneys, Daniel C. Lawson, and Meyer, Darragh, Buckler, Bebenek & Eck, PLLC and avers the following in support of its Complaint in Replevin: 1. Sean Painter, hereinafter referred to as "Borrower" is an individual whose last known address is 317 York Road, Carlisle, PA 17013. 2. Christina Ipock, hereinafter referred to as `Borrower,' is an individual whose last known address is 68 Peachy Ann Drive, Newville, PA 17241. 3. 21 St Mortgage Corporation, hereinafter referred to as `Plaintiff,' is duly authorized to conduct business in the Commonwealth of Pennsylvania. 4. On or about March 25, 2006, Borrowers entered into a `Security Agreement,' hereinafter referred to as the `Financing Contract,' a true and correct copy of which is marked as Exhibit `A' and is attached hereto and made a part hereof. 5. Plaintiff is the present holder of the Financing Contract. 6. Pursuant to the Financing Contract, Borrowers promised to repay the borrowed amount of 50,745.00 plus interest. 7. Borrowers have defaulted by failing to make payments when due. 8. As of August 1, 2013, the delinquent payment amount due and owing from Borrower to Plaintiff is $2,237.05. 9. As of August 1, 2013, the amount owed by Borrower to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is $51,182.31. The interest on said amount is accruing daily at the rate of $10.67. 10. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the Financing Contract. 11. On May 2, 2013, each Borrower was provided a Notice of Default, true and correct copies of which are marked as Exhibit `B' and `C' are attached hereto and made a part hereof. 12. Pursuant to the Financing Contract, Borrowers financed a 2006 Redman manufactured home (serial no. 12245375AB000H) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the `Manufactured Home.' 13. It is believed and therefore averred that the Manufactured Home is located at 68 Peachy Ann Drive, Newville, PA 17241. 14. Pursuant to the terms of the Financing Contract, a security interest in the Manufactured Home was granted or assigned to Plaintiff. 15. Plaintiff perfected its security interest in the Manufactured Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a Vehicle is marked as Exhibit `0' and is attached hereto and made a part hereof. 16. Borrowers have failed to surrender the Manufactured Home upon Plaintiff's demand. 17. Plaintiff is now entitled to immediate possession of the Manufactured Home. WHEREFORE, Plaintiff demands judgment in replevin for possession of the Manufactured Home and the sum of 51,182.3 1, plus attorneys fees, costs, expenses, interest from August 1, 2013, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, ME YE ARRAGH, B C E BEBENEK & ECK, PLLC Daniel C. Lawson Attorneys for Plaintiff Meyer, Darragh, Buckler, Bebenek & Eck, PLLC U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 15219 (412) 261 -6600 �'Q,L4•( f MANUFACTURED HOME slip« i RETAIL INSTALLMENT CONTRACT PERRY COUNTY S PAINTER AND CHRISTINA [POCK PENNSYLVANIA NEWPORT, PA 17074 68 PEACHY ANN DRIVE. NEWVILLE, Dat e MARCH 2 "We" and "us" mean the Seller above, PEj�(o VAN yo mean each Buyer above, Dat MARCH 25, 21106 its successors and assigns. and agunda"yre, separately and together. ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE CHARGE The amount of credit The amount you will have paid The total cost of your BATE The dollar amount the provided to you or when you have made all scheduled purchase on credit. Including The cost of your credit credit will cost you, on your behalf. payments. your down payment as a yearly rate. of $ 5,647.50 8.070 % $ 76.698.00 S ,745.00 $ 127,443.00 S 133,090.50 Payment Sobedule. Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 300 424.61 04.28.06 You are giving a security Interest In the goods yr property being purchased. LJ You are giving a security interest in the real pro erty at 0 Late Charge: If a payment Is more than 10 days late, you ch arged AN AMOUNT EQUAL TO 5% OF THE AMOUNT PAST DUE NOT TO EXCEED $5.00 WITH A MINIMUM Prei4I� eat: you pay this tract early, you wf not have to pay a penalty. (__) If you payoff this Contract early, you will Dot eryllltd to a refund of part of the Additional Fjwce Charge. ASSUMPTION: Someone buying your Manufactured H me EJ may subject to conditions be allowed to Li cannot assume this Contract on Its original terms. Contract Provisions: You can see the terms of this Contr ict for any additional information about nonpayment, breaking the terms of this Contract, any required repayment before the scheduled date, and prepayment rel mft and penalties. "e" means an estimate BUYER RESTRICTIONS: If Buyer does not meet this ntraci's obligations, Buyer may lose the property that Buyer bought In this sale. SECURITY: You give us a security Interest in the Man uf red Home (as defined above). Unless prohibited by law, you also give us a security Interest in all present and future accessions to the Manufactured Home. Accessl will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not finance the purchase of such household goods. If do not meet your Contract obligations, you may lose your house, and the real estate described in any mortgage or deed of trust (if any). ❑ This Contract is also secured by a separate mortgage oi deed of trust dated on real estate, as shown In the TRUTH IN LENDING DISCLOSURES. The term "Properly" means all property securing this Coultart. CREDIT INSURANCE: Credit life insurance and credit di bfifty lnsutum PROPERTY INSURANCE: You are required to insure the Property are not required to obtain credit. You will not receive it lire insurance securing this Contract with the following minimum properly Insurance and credit disability insurance unless you sign and agree to I a y the additional coverage: 554,804.60 premium. If you want such bnsurance, we will obtain It for you (if you qualify for coverage). We are quoting below ONLY the coi erages you have chosen to purchase. You may purchase or provide the insurance through any insurance Credit Life: Insured company that Is reasonably acceptable to us. If you get the Insurance from ❑ Single ❑ Joint Piero. $ Term or through us you will pay S 320.10 for Credit Disability: Insured YEAR(S) of coverage. ❑ Single ❑ Joint Prom. $ Tern The property insurance must protect against loss and physical damage. You must name us as beneficiary on the Insurance policy. We may require Name of Insurance Company: additional security before we allow you to use Insurance proceeds to repair or replace the Property. You will pay all amounts that insurance does no cover. Your signature below means you want (only) the insurance c (s) quoted If you fall to obtain or keep insurance or to name us as beneficiary, we above, If clone are quoted. you have declined any coverag m we offered. may obtain Insurance to protect our interest In the Property. We will add the cost of insurance to the amount you owe us. Any amount we pay for Insurance is due Immediately and will earn interest at the rate charged after nun+ d7A Buyer &ofb mat►rity. Liability insurance coverage for bodily injury and/or property damage caused to others is NOT included in this Contract unless checked and BUM &A Bu yer d1orb indiated below. ❑ The following liability hnsmance is Included in this coverage: B uyer &A Buyer PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMINr C0N17tACT 1096 Baaken Syakaa. 6c., SI. Cloud, MN Form RSSIMHLAZ -PA 10/5/2000 HP47Z699.PA -IZ105 Page 1 of 4 • ITEMIZATION OF AMOUNT FIM LNCED ❑ BUYER PROTECTION/SERVICE PLAN: With your purchase Manufactured Home Price S ! ,000.00 of the Manufactured Nome, you have elected to purchase the following (Including sales tax of $ ) - optional buyer protection or service plan ( "Plan "): Boyer Pro(ecoon/Service Plan Paid to: • S The Plan covers 2006 28X48 REDMAN SOUTHWOOD 1224S3TSAB 1. Cash Price $ 1 5.M.00 sad will be in Manufacturer's Rebate S effect MARCH 28, 2006 See the Plan documents for deans. Cash Down Payment S 5,647.so 2, Subtotal S 5,647.50 PROMISE TO PAY AND PAYMENT TERMS: You promise to pay Trade -In Allowance S us the principal amount of S 54.804.60 plus Interest Less: Amount Owing S on the unpaid balance at the rates of 8.050% To: 3. Net Trade -In S 4. Total Down Payment 01w 2 atw lam 3) $ ,647.50 per year mall the final scheduled payment date. I nterest will begin to S. Unpaid Balance of Caab Price 01W I MIM Mae 4) accrue on MARCH 28, 2008 $ 0.352.so and will accrue on a 365 day basis. Feu Paid to Others: After the final scheduled m — payment Gte, or after you default and we Paid to Public Officials - Filing Fees Only S demand payment, we will earn Interest on the unpaid principal balance Paid to Public Offlcials - Other than Filing Foes $ at the rate of 8.050 % per year. Insurance Premiums* $ 20.00 You agree to pay this Contract according to the payment schedule (To: ) and late charge provisions shown in the TRUTH IN LENDING (T0: AEGIS ) DISCLOSURES. You also agree to pay any additional amounts (To: ) according to the terns of this Contract. A late charge, if provided in the Additional Finance barge(s) Paid To a er S TRUTH IN LENDING DISCLOSURES, will be imposed only once on To: ICC- DOC PREP S 5.00 a late payment. A late charge will act be collected on the final To: IS[- FLOOD CERT $ 0.00 scheduled payment, but Interest will contlmce to accrue at the applicable To: PHS - BUYDOWN $ .059.60 contract rate. 6. Subtotal Oine 5 plus all Fees Paid to Others) $ 804. o 7. Prepaid Finance Charges $ ❑ ADDITIONAL FINANCE CHARGE: You agree to pay an Amonat Financed Dine 6 minas line 7) S 0,745.00 additional. �Qo LJ fundable harge of S may ry regain or receive a portion of this amount. that will be paId in cosk U financed (see fPF,MIZATION OF AMOUNT FINANCED). U paid proportionally with each payment. SALE: You agree to purchase from us (he monufaclum home described below, together with the related services, furnishings appliances and DOWN PAYMENT: You agree to pay or apply to the Cash Price. on accessories listed below (together referred to as "Manor ictured Home "). or before today's date, any cub, rebate and net trade -in value described Your purchase of the Manufactured Home Is subject to the terms of this In the ITEMIZATION OF AMOUNT FINANCED. Contract. 'Conduct" means this document and any se )arate document r that secures this C ❑ ESCROW: You ❑ may, but are not required to ❑ must pay certain expenses and fees from an escrow account. If an escrow account is established. it will be governed by a separate agreement. Manufacturer Model Name & Number Year 1 REDMAN SOUTHWOOD 2006 GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown In the TRUTH IN LENDING I S NN 75A06mber Length Width Color X New DISCLOSURES assumes that all payments will be made as scheduled. 48 1 28 Used The actual amount you will pay may be more or less depending on your Services, furntshtn a Ilarlces and accessories Include: payment record. 9 The law of Pennsylvania will govern this transaction. It Is also Tires and Wheels Axles Refrigerator governed by applicable federal law and regulations. including the Oven/Range preemption of state usury taws. The federal Alternative Mortgage Washer LJ Dryer Transactions Parity Act may also apply. A/C Units Any provision that appoints as as an agent is mot subject to the Skirting n Awning(s) ! provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56: Accessory Shed Decedents, Estates and Fiduciaries Code). By exercising any of our Services rights under this Contract. we do so for our sole benefit. We do not intend to charge or collect any interest or fee that Is more Other STEPS than the applicable law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the principal balance, and we will refund any excess if you have paid this Contract in full. Location of Manufactured Home after delivery to B r. You understand and agree that some payments to third parties as a 66 PEACHY ANN DRIVE. NEWVILLE. part of this Contract may Involve money reamed by as or paid back to PENNSYLVANIA 17241 us as commissions or other remuneration. If any provision of this Contract Is not enforceable, this contract will remain enforceable without such provision. If we agree with you to any Description of Trade -In, exceptions to the promises or assurances In this printed Contract, such agreement must be in writing and sign by us. 1996 Bmtas Symm. ear., $1. Cloud. MN Form RSSIMHLAZ -PA le /2009 HNU700.PA•12/05 41882.13961 PW2 0r4 i NAME AND LOCATION: Your name and address indicated on page rights will then be explained to you. Your right to notice and cure does 1 arc your exact legal name and your principal residence. You will not exist if you have abandoned the Manufactured Home or other provide us with at least 30 days notice prior to changing your name or extreme circumstances exist. princlpai residence. OUR RIGHTS TO COLLECT: If you break any of The terns of this PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL Contract, we may exercise any or all of our rights as provided by law, OR IN PART AT ANY TIME WITHOUT PENAL� Any partial this Contract. and any separate personal property security agreement, prepayment will ant excuse any later scheduled paymedu until you pay real estate mortgage. or deed of trust. Before using a right. we will In full. send you any required notice and wait for any acre period that the law You may obtain from as. or the Insurance company named In your may require for that right. Our rights Include the following: policy (or certificate of inwrance), a refund of any ure'nlnrd insurance A. We may require you to immediately pay us, subject to any premiums. refmud required by law, the entire principal balance, plus earned interest and all other agreed charges. ADDITIONAL SECURITY: You also auigo to u a and give us a B. We may pay taxes, fees, expenses, assessments, or other lids security lateml in proceeds and premium refunds of any Insurance and or make repairs to the Property If you have not done so. We service contracts purchased with this Contract. are riot required to do so. Any anhoum we pay will be added to the amount you owe us. This amount is dire Immediately. Tbis BUYER'S RESPONSIBILITIES TOWARDS PROPERTY: By amount will earn interest from the date paid at The rate(s) giving as a security interest, real estate mortgage, or defd of trust in the described In the PROMISE TO PAY AND PAYMENT TERMS Property, you agree to the following: I section. We may require That you establish and fund an escrow ' A. You will defend our Interests In the Property against claims account if one is not already required. made by anyone else. You wI11 do whatever is necessary to C. We may require you to make the Property available to us aT a keep our claim to the Property valid. place we designate that is reasonably convenient to you and ha. B. The security Interest you are giving us In the Properly comes D. We may Immediately take back the Property by lawful mars. ahead of the claim of any other creditor. You Agree to sign any We may then sell the Property. We may apply what we receive additional documents or provide us with I any additional to our reasonable expenses and then toward your obligations, as information we may require To keep the priority of our claim to allowed by law. The Property. You will not do anything to change our Interest E. Except when prohibited by law, we may sue you for additional In the Property. amounts If the sale proceeds do not pay all you owe us. C. You will keep the Property In your possession good condition Paragraph C. and D. (above) apply only to personal property and repair. You will use dle Property for i ts intended and security Interests. If this Contract is secured by a mortgage or deed of lawful purposes. Unless otherwise agreed in writing, the trust, then the foreclosure of such Interest may Impose other duties and Mamdacbrred Home will be located at th e "Location of limitations on our rights and actions, as provided by law and the Manufactured Hone after delivery to Buyer' provided In (his mortgage or eked of test. co a ia. We may take any or all of the action described above. Our D. You will not Try to sell or transfer any rights in the Property decision not to take any of the actions does not roan that we have lost without our prior written consent. I The right to take any of the actions In the future. E. The Manufactured Home will remain persi property until We will mail to your last known address any required notice of an this Contract is paid in full. Unless we give ou prior written Intended sale cur transfer of the Property. You agree flat notice Is consent, you will not allow the Manufactured lHorn to become reasonable If malted to your last known address, as reflected in our a part of real estate or to otherwise lose its treatment as records. You agree that notice mailed ten days before the Intended sale + personal property under applicable law. or transfer (or such other period of dae required by law) is reasonable. F. You will pay all taxes, fees, expenses, and assessments on the When real estate Is The security, other rules may apply. Property when due. You agree tat. subject to your right to recover such property, we G. You will notify us of any loss or damage to th Property. You may take possession of personal properly left in or on to Properly will provide us reasonable access to the perty for the searing this Contract and taken Into possession as provided above. purpose of Inspection. If the U.S. Department of Housing and Urban Development Insures this Contract under its Title 1 Property Improvement aad Manufactured BREAKING THE TERMS OF THIS CONTRACT: You will break Home Regulations, our right to nuke you pay off ibis entire Contract u the terrors of this Contract (defauh) if any one of the !lowing occurs: subject to the limitations of Lose regulations. A. You do not make a payment when it is due; B. You do nor keep the Manufactured Home i as provided INSURANCE: You agree to buy Insurance on the Property against the in the section Titled INSURANCE; risks and for the amounts we reasonably require. In addition: C. You do not keep arty of de promises you matte In sections A., A. You will name us as loss payee on any such policy. B., C., D.. E., F., and G. under the section titled BUYER'S. B. We my require added security on this Contract Uwe permit RESPONSIBILITIES TOWARDS PROPERTY any insurance proceeds to be used to repair or replace the If you break the terms of This Contract, we an a ercise our rights Property. to collect as provided below, spe:dftally Including but I limited to our C. If the Insurance proceeds do not cover the ani you still owe right to Take back (repossess) the Manufactured H us, you will pay the difference. D_ You will keep the Insurance until all debts secured by Ihts BUYER'S RIGH'T'S AND DUTIES: If you break the terns of (his Contract are paid. Contract, before we can use some of nor rights to coiled we mug send If you do not buy, maintain, a arrange to have us named as loss you notice of your defialt and give you the right to to any broken payee, as agreed above, you understand an agree: terms of ibis Contract. We will glue you snob notice and tine A. We may, but arc nor required to, purchase Insurance to protect opportunity To cure if and when we an required to do 4o. Your specific our Inte in (he Properly. 19M Brkas SyMm. Inc.. Se. Clad. MN Fom RSSIMHLAZPA IWWZDW C HPI72761.PA -atlas 41682.17961 Page 3 OF t r B. The insurance we buy may be from an agent or company you NOTICE TO BUYER might not choose. Do not sign this Contract in blank. C. The Insurance will not cover your equity In Property. You are entitled to an =td copy of the contract you sign. D. The premium we pay may be substantially higher than the Keep it to protect your legal rights. premium you might be required to pay for tl ie insurance you have agreed to buy on this Contract. BY SIGNING BELOW BUYER AGREES TO THE TERMS ON PAGES 1, 2, 3 AND 4 OF THIS OBLIGATIONS INDEPENDENT: Each of you who sign this CONTRACT AND ACKNOWLEDGES RECEIPT OF A Contrail is independently responsible to pay it and keep the otber COPY OF THIS CONTRACT promises made in this Contract. This is true even If: A. Someone else has also signed it. B. We release or do not try to collect from am ther who Is also Buya(s): responsible to pay this Contract. ' , C. We release any security or do not try to take bi ck any Property. X ' a D. We give up any other rights we may have. SEANiPAINTER Dale E. We extend new credit or renew this Contract WARRANTIES: We will provide any warranty in tion to you X separately. CRIi�OCK Date WAIVER: To the client permitted by law, you i groc to give up your rights to requite us to do certain things. Yot do not give up X any rights that are provided in this Contract (for example, we the Signature Date BUYER'S RIGHTS AND DUTIES section), Un the law or this Contract provide otherwita, we are not required to: (1) demand payment of amounts due; X (2) give notice that amounts due have not been I aid, or have not Signature Date bees paid in the appropriate amount, time or manna; or, (3) give notice that we intend to make, or a e making, this Contract immediatel due. I ACKNOWLEDGE RECEIPT OF A ASSIGNMENT: This Contract Is assi to Ass (identi COPY OF THIS CONTRACT: POPULAR HOUSING SERVICES, X 16 r , , n � 1 GRANDV[EW CIRCLE, SUffP 20101, . CANONSBURG, P __� 4e( Ibis agreement is made under the terms of a separate agreement made between the Seller and Assignee. SELLER'S SIGNATURE: , / J �^� NOTICE: ANY HOLDER OF THIS CON CREDIT X v "'� 4 L `� CONTRACT IS SUBJECT TO ALL CLAIMS DEFENSES Name and Mile / WHICH THE DEBTOR COULD ASSERT GAINST THE SELLER OF GOODS OR SERVICES OBT D PURSUANT Disbursement Date: (Thin i + HERETO OR WITH THE PROCEEDS HEREO . RECOVERY date is for Title I HUD insurance purposes and may completed HEREUNDER BY THE DEBTOR SHALL OT EXCEED slier the Contract is signed to reflect the actual disbursement date, AMOUNTS PAID BY THE DEBTOR HEREUNDT R. and not any estimated disbursement date. It may appear only on the original form.) ISM Galen Syaems, lot., Sr. Cloud, MN Fore RSSIMHLAZ-PA 19 512WO ' RP4n?02.PA -12105 41882.13861 Par 4 0(4 BLANKET ASSIGNMENT AND BILL OF SALE Popular Housing Services, Inc., a Delaware corporation ( "Seller "), pursuant to the Purchase and Sale Agreement, dated as of September 16, 2008 (the "Agreement"), by and among Seller, Popular, Inc. ( "Parent "), and Equity One, Inc. ( "Servicer") and 21" Mortgage Corporation, a Delaware corporation ( "Buyer"), for good and valuable consideration paid by Buyer, the receipt and sufficiency of which are hereby acknowledged, does hereby sell, assign, transfer, set over and convey, without recourse except as set forth in the Agreement, the Conveyed Property (which includes those Contracts identified on the Schedule of Contracts which is attached to the Agreement and incorporated by reference), of which Seller has good and marketable title, free and clear of all liens, claims and encumbrances, unto Buyer, its successors and assigns, for its and their own use forever. Capitalized terms used and not defined herein shall have the meanings ascribed to such terms in the Agreement. This Blanket Assignment and Bill of Sale and the covenants and agreements contained herein shall be binding upon Seller, its successors and assigns, and shall inure to the benefit of Buyer, its successors and assigns. This Blanket Assignment and Bill of Sale is expressly subject to the terms, conditions, covenants, agreements, representations and warranties set forth in the Agreement. IN WITNESS WHEREOF, Seller has caused this Blanket Assignment and Bill of Sale to be executed in its name by a duly authorized representative this 16 day of September, 2008. POPULAR HOUSING SERVICES, INC. By: —6w'� Its: i 21st Mortgage Corporation P.O. Box 477 Knoxville TN 37901 5/02/2013 Certified Mail #: 7192 1641 0010 0194 0569 Loan #: 0218677-0 Notice Expiration Date: 6/03/2013 SEAN B PAINTER Amount to Cure: $950.06 317 YORK RD Late Fee: $5.00 CARLISLE PA 17013 Serial #: 1224537SA000H 12245375B000H NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT You are now in default on your credit transaction. You have a right to correct this default within 31 days from the postmarked date of this notice. if you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure to make monthly payments beginning with your 4/01/2013 payment. You may cure your default by remitting the amount listed above within thirty one (3 1) days from the postmarked date of this notice. If you do not correct your default in the time allowed, we may exercise our rights against you under the law by accelerating your contract and repossessing your home and/or foreclosing on any real property securing your loan. Please be aware there may be options available to you. You may contact us directly and speak with an account manager to inquire about special programs that may be available to homeowners experiencing financial difficulties. The default of this loan may be reported to an appropriate credit - reporting agency. If your loan is secured by a mortgage or deed of trust (a "Security Instrument") on real property and if you meet the conditions set forth in the Security Instrument for reinstatement of your loan following acceleration, you have the right to have enforcement of the Security Instrument stopped and to have the Note and Security Instrument remain fully effective as if Immediate Payment In Full had never been required. You also have the right in any Foreclosure or Sale to assert the non - existence of a default or any other defense to acceleration and foreclosure and to argue that you kept your promises and agreements under the Note and Security Instrument. You may be responsible for all expenses incurred in the repossession and resale of the above property and any deficiency may be pursued in a court of law. If this default was caused by your failure to make a payment or payments and you want to pay by mail, please send a certified check or money order. Do not send cash. If you have any questions, write to: 21st Mortgage at the above address or call me at 1- 800 - 955 -0021 between the hours of 9:00 AM and 6:00 PM on Monday through Friday. If you wish to avoid this action, please contact us at the above number. ` Please be advised further that this letter constitutes neither demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law governing foreclosure of liens pursuant to contractual powers of sale. HEATHER MARTIN Financial Counselor 21 st Mortgage Corp "PLEASE TAKE NOTICE " The Department of Housing and Urban Development (HUD) has approved certain experienced counseling organizations to provide home ownership counseling to qualified borrowers. Home ownership counseling is available free of charge. You may obtain a list of HUD Approved Counseling Agencies by calling toll free 1- 800 -569 -4287. You should contact one of the HUD Counseling Agencies or your local HUD office for more information about these counseling services. If this loan delinquency continues, you could lose your home. United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Le1ta1 Rights and Protections under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 50 1) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and their spouses. (notice continues on reverse side) PSX0042XXC 0673 I�Agte> r Lt u3tr What Legal Protections Are Servicemembers Entitled To Under the SCRA? ' The SCRA states that, a debt incurred by a servicemember, or service member and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. ' The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers military service, a court may slop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Obtain Information About the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Written notice should be sent to: 21st Mortgage P.O. Box 477 Knoxville, TN 37901 How Does a Servicemember or Dependent Obtain Information About the SCRA? ' Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at: http: /Aelzat assistance .law.aEmiVcontent /locator.php. ' The U.S. Department of Defense's information resource is "Military One Source." The toll -free telephone numbers for Military One Source arc: From the United States: 1 -800- 342 -9647. From outside the United Slates (where available): 1- 800 -342 -6477. International collect: 484 -530 -5747. P.O. Box 477 Knoxville, TN 37901 7192 1641 0010 0194 0569 SEAN B PAINTER 317 YORK RD CARLISLE PA 17013 21st Mortgage Corporation P.O. Box 477 Knoxville TN 37901 5/02/2013 Certified Mail #: 7192 1641 0010 0194 0576 Loan #: 0218677-0 Notice Expiration Date: 6/03/2013 SEAN B PAINTER Amount to Cure: $950.06 68 PEACHY ANN DR Late Fee: $5.00 NEWVH,LE PA 17241 Serial #: 12245375A000H 12245375B000H NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT You are now in default on your credit transaction. You have a right to correct this default within 31 days from the postmarked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure to make monthly payments beginning with your 4/01/2013 payment. You may cure your default by remitting the amount listed above within thirty one (3 1) days from the postmarked date of this notice. If you do not correct your default in the time allowed, we may exercise our rights against you under the law by accelerating your contract and repossessing your home and/or foreclosing on any real property securing your loan. Please be aware there may be options available to you. You may contact us directly and speak with an account manager to inquire about special programs that may be available to homeowners experiencing financial difficulties. The default of this loan may be reported to an appropriate credit - reporting agency. If your loan is secured by a mortgage or deed of trust (a "Security Instrument ") on real property and if you meet the conditions set forth in the Security Instrument for reinstatement of your loan following acceleration, you have the right to have enforcement of the Security Instrument stopped and to have the Note and Security Instrument remain fully effective as if Immediate Payment In Full had never been required. You also have the right in any Foreclosure or Sale to assert the non - existence of a default or any other defense to acceleration and foreclosure and to argue that you kept your promises and agreements under the Note and Security Instrument. You may be responsible for all expenses incurred in the repossession and resale of the above property and any deficiency may be pursued in a court of law. if this default was caused by your failure to make a payment or payments and you want to pay by mail, please send a certified check or money order. Do not send cash. If you have any questions, write to: 21st Mortgage at the above address or call me at 1- 800 - 955 -0021 between the hours of 9:00 AM and 6:00 PM on Monday through Friday. If you wish to avoid this action, please contact us at the above number. Please be advised further that this letter constitutes neither demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law governing foreclosure of liens pursuant to contractual powers of sale. HEATHER MARTIN Financial Counselor 21 st Mortgage Corp "PLEASE TAKE NOTICE" The Department of Housing and Urban Development (HUD) has approved certain experienced counseling organizations to provide home ownership counseling to qualified borrowers. Home ownership counseling is available free of charge. You may obtain a list of HUD Approved Counseling Agencies by calling toll free 1- 800 -569 -4287. You should contact one of the HUD Counseling Agencies or your local HUD office for more information about these counseling services. If this loan delinquency continues, you could lose your home. United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections under the SCRA ScrAcemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 501) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and their spouses. (notice continues on reverse side) PSX0042XXC 0675 What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that, a debt incurred by a servicemember, or service member and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. • The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. t The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Obtain Information About the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Written notice should be sent to: 21st Mortgage P.O. Box 477 Knoxville, TN 37901 How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at: http: //Icaalasaistance.law.af niVcontent/locator.php. • The U.S. Department of Defense's information resource is "Military One Source." The toll -free telephone numbers for Military One Source are: From the United States: 1 -800- 342 -9647. From outside the United States (where available): 1 -800- 342 -6477. International collect: 484 -530 -5747. P.O. Box 477 Knoxville, TN 37901 7192 1641 0010 0194 0576 SEAN B PAINTER 68 PEACHY ANN DR NEWVILLE PA 17241 21st Mortgage Corporation P.O. Box 477 Knoxville TN 379Q1 5/02/2013 Certified Mail #: 7192 1641 0010 0194 0552 Loan #: 0218677-0 Notice Expiration Date: 6/03/2013 CHRISTINA J (POCK Amount to Cure: $950.06 68 PEACHY ANN DR Late Fee: $5.00 NEWVILLE PA 17241 Serial #: 12245375A000H 12245375B000H NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT You are now in default on your credit transaction. You have a right to correct this default within 31 days from the postmarked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure to make monthly payments beginning with your 4/01/2013 payment. You may cure your default by remitting the amount listed above within thirty one (3l) days from the postmarked date of this notice. If you do not correct your default in the time allowed, we may exercise our rights against you under the law by accelerating your contract and repossessing your home and/or foreclosing on any real property securing your loan. Please be aware there may be options available to you. You may contact us directly and speak with an account manager to inquire about special programs that may be available to homeowners experiencing financial difficulties. The default of this loan may be reported to an appropriate credit - reporting agency. If your loan is secured by a mortgage or deed of trust (a "Security Instrument ") on real property and if you meet the conditions set forth in the Security Instrument for reinstatement of your loan following acceleration, you have the right to have enforcement of the Security Instrument stopped and to have the Note and Security Instrument remain fully effective as if Immediate Payment In Full had never been required. You also have the right in any Foreclosure or Sale to assert the non - existence of a default or any other defense to acceleration and foreclosure and to argue that you kept your promises and agreements under the Note and Security Instrument. You may be responsible for all expenses incurred in the repossession and resale of the above property and any deficiency may be pursued in a court of law. if this default was caused by your failure to make a payment or payments and you want to pay by mail, please send a certified check or money order. Do not send cash. If you have any questions, write to: 21st Mortgage at the above address or call me at 1 -800- 955 -0021 between the hours of 9:00 AM and 6:00 PM on Monday through Friday. If you wish to avoid this action, please contact us at the above number. Please be advised further that this letter constitutes neither demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law governing foreclosure of liens pursuant to contractual powers of sale. HEATHER MARTIN Financial Counselor 21 st Mortgage Corp "PLEASE TAKE NOTICE" The Department of Housing and Urban Development (HUD) has approved certain experienced counseling organizations to provide home ownership counseling to qualified borrowers. Home ownership counseling is available free of charge. You may obtain a list of HUD Approved Counseling Agencies by calling toll free 1- 800 -569 -4287. You should contact one of the HUD Counseling Agencies or your local HUD office for more information about these counseling services. If this loan delinquency continues, you could lose your home. United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections under the SCRA Scrvicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 501) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and their spouses. (notice continues on reverse side) PSX0042XXC 0671 J!'fqU%�T C ti What Legal Protections Are Servicemembera Entitled To Under the SCRA? ' The SCRA states that, a debt incurred by a servicemember, or sery ice member and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. • The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Obtain Information About the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Written notice should be sent to: 21st Mortgage P.O. Box 477 Knoxville, TN 37901 How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at: http:4Uc alassistance .law.af.miUwntenUlocatooLet • The U.S. Department of Defense's information resource is "Military One Source." The toll -free telephone numbers for Military One Source are: From the United States: 1- 800 - 342 -9647. From outside the United States (where available): 1 -800- 342 -6477. International collect: 484 -530 -5747. P.O. Box 477 Knoxville, TN 37901 7192 1641 0010 0194 0552 CHRISTINA J IPOCK 68 PEACHY ANN DR NEWVILLE PA 17241 21st Mortgage Corporation P.O. Box 477 Knoxville TN 37901 5/02/2013 Certified Mail #: 7192 1641 0010 0194 0545 Loan #: 0218677-0 Notice Expiration Date: 6/03/2013 CHRISTINA I (POCK Amount to Cure: $950.06 317 YORK RD Late Fee: $5.00 CARLISLE PA 17013 Serial #: 12245375A000H 12245375B000H NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT You are now in default on your credit transaction. You have a right to correct this default within 31 days from the postmarked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure to make monthly payments beginning with your 4/01/2013 payment. You may cure your default by remitting the amount listed above within thirty one (3 1) days from the postmarked date of this notice. If you do not correct your default in the time allowed, we may exercise our rights against you under the law by accelerating your contract and repossessing your home and/or foreclosing on any real property securing your loan. Please be aware there may be options available to you. You may contact us directly and speak with an account manager to inquire about special programs that may be available to homeowners experiencing financial difficulties. The default of this loan may be reported to an appropriate credit - reporting agency. If your loan is secured by a mortgage or deed of trust (a "Security Instrument ") on real property and if you meet the conditions set forth in the Security Instrument for reinstatement of your loan following acceleration, you have the right to have enforcement of the Security Instrument stopped and to have the Note and Security Instrument remain fully effective as if Immediate Payment In Full had never been required. You also have the right in any Foreclosure or Sale to assert the non - existence of a default or any other defense to acceleration and foreclosure and to argue that you kept your promises and agreements under the Note and Security Instrument. You may be responsible for all expenses incurred in the repossession and resale of the above property and any deficiency may be pursued in a court of law. if this default was caused by your failure to make a payment or payments and you want to pay by mail, please send a certified check or money order. Do not send cash. If you have any questions, write to: 21st Mortgage at the above address or call me at 1- 800 - 955 -0021 between the hours of 9:00 AM and 6:00 PM on Monday through Friday. If you wish to avoid this action, please contact us at the above number. Please be advised further that this letter constitutes neither demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law governing foreclosure of liens pursuant to contractual powers of sale. HEATHER MARTIN Financial Counselor 21 st Mortgage Corp *"PLEASE TAKE NOTICE" The Department of Housing and Urban Development (HUD) has approved certain experienced counseling organizations to provide home ownership counseling to qualified borrowers. Home ownership counseling is available free of charge. You may obtain a list of HUD Approved Counseling Agencies by calling toll free 1- 800 -569 -4287. You should contact one of the HUD Counseling Agencies or your local HUD office for more information about these counseling services. If this loan delinquency continues, you could lose your home. United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 501) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and their spouses. (notice continues on reverse side) PS %0042 %RC 0669 What Leta] Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that, a debt incurred by a servicemember, or service member and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. • The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemembers military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Obtain Information About the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemembees military orders. Written notice should be sent to: 2lst Mortgage P.O. Box 477 Knoxville, TN 37901 How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at: http: /Aegalusisunce.law.af miYrontent/locator.php. • The U.S. Department of Defense's information resource is "Military One Source." The toll -free telephone numbers for Military One Source are: From the United States: 1- 800- 342 -9647. From outside the United States (where available): 1 -800- 342 -6477. International collect: 484 -530 -5747. M P.O. Box 477 Knoxville, TN 37901 7192 1641 0010 0194 0545 CHRISTINA J IPOCK 317 YORK RD CARLISLE PA 17013 21st Mortgage Corporation P.O. Box 477 Knoxville, TN 37901 6/05/2013 Certified Mail #: 7192 1641 0010 0198 6291 Loan #: 0218677-0 Serial #: 1224537SA000H CHRISTINA J IPOCK 12245375B000H 68 PEACHY ANN DR NEWVILLE PA 17241 NOTICE OF ACCELERATION Dear CHRISTINA J IPOCK On 3/25/2006 you entered into a Retail Installment Contract( "Contract ") for the purchase of one 2006 REDMAN mobile home. The contract or an interest therein, has been assigned to 21st Mortgage Corporation( "21st Mortgage "). You have defaulted under the terms of the Contract and thereafter we mailed a Notice of Default advising you of your right to cure this default and of our intent to accelerate the maturity of all the payments due therein, the balance of the indebtedness, if you did not cure your default as provided in the notice. More than 31 days have elapsed and you have failed to cure your default. Therefore, the remaining balance of your account is hereby declared immediately due and payable in full. The total amount owing on your account is $50,298.39 as of the date of this notice, including all late charges and allowing for all credits, payments, offsets and rebates of unearned finance charges and unexpired insurance premiums. Interest accrues at the Contract rate until paid. If payment of said amount in the form of cash or cashier's check has not been received by 5:00 PM EST on 6/15/13, at the office address of 21st Mortgage as listed below, 21st Mortgage will take action to exercise its right to lawfully repossess the home and take such other action to enforce its right as permitted by applicable law. In the event of repossession, the collateral may be disposed of by public or private sale in a commercially reasonable manner and if the net proceeds of such sale are insufficient to pay off your remaining indebtedness, suit may be instituted to recover the deficiency balance together with court costs and attorney's fees expended. Please be advised further that this letter constitutes neither a demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law governing foreclosure of liens pursuant to contractual powers of sale. HEATHER MARTIN Financial Counselor 21st Mortgage Corp PAYMENTS SHOULD BE MAILED TO: 21 st Mortgage P.O. Box 477 Knoxville, TN 37901 United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 501) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and their spouses. (notice continues on reverse side) PSX0047XXC 0019 What Legal Protections Are Servicemembers Entitled To Under the SCRA • The SCRA states that, a debt incurred by a servicemember, or service member and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. • The SCRA stales that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Obtain Information About the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Written notice should be sent to: 21st Mortgage P.O. Box 477 Knoxville, TN 37901 How Does a Servicemember or Dependent Obtain Information About the SCRA? Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at: http: /Aegalassistance.law.af mil/content/locator.php. • The U.S. Department of Defense's information resource is "Military One Source." The toll -free telephone numbers for Military One Source are: From the United States: 1- 800 - 342 -9647. From outside the United States (where available): 1- 800.342 -6477. International collect: 484 -530 -5747. P.O. Box 477 Knoxville, TN 37901 7192 1641 0010 0198 6291 CHRISTINA J IPOCK 68 PEACHY ANN DR NEWVILLE PA 17241 • o �v/ V FI ATE OF TITL ;FOR A Vhf .. . ..... .. ................. .. ........... . .. ...... .. .. .... . ............... . Tit TS�D 31 ..:. :. .... - 'woK Triie m •: ATt • Of701t ►IIDEO; Di1T " Ob�IL - ..�, . ewuE _ilItAOBItAIB81ft� .• QYYMI : ppwlj ' 711L[ °3.� ,e SUR ` ERAL LAV MOW LM FAVW CW • _ ...._...... r te,. - ■ a *low larsar r and yu e`. - r wasrr arm tawaa rM rr ro %L �! 8800l0URN ABEASMD , �....... DATE SI NG ITS AND 0 ASSIG • t PA 15 17 ,.., . '+rte `" ' bm.. ft d w. Ps "Ike Dtprrr• ALLEN ! oICM4 { : 7�!1WA.1q a ,.woo MOM 0 e. rru ww — - - t . • t ' ' �. a eery ow vw Newt r M JoYil Ti�wib V�1 It d �_y ' - oww rYe toM b swvhA�'b�'t�f)fC'f1i11[ ! 1. _ w- 0m Oe1Nd Ta d lleebbR BCeMed OtMMf QM b Me111R W, _ I q OF A N ,, Cm ?IfAT1E ilp t .:: ". b• I;J ,•, W T18e a m ma. CNOCK / `" ' ''` "' 't"'. •,•.. NDwrwf1Eam" eleflftfllONpR � NO LM DAM 7 " No LIM R' r t•MwN• E1tD�!!f0lOUt t; y 4:2Y:: - r' :.. L . • ,4 • DrtY .• eTAT;- dV $ x` ^ ; WTfMBMELT.CHMHMO 1#WIOML. . • i VERIFICATION I, Ryan Shelley, state that I am the Legal Coordinator for 21" Mortgage Corporation, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said 21' Mortgage Corporation, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsifications to authorities. By: Ryan Shelley Legal Coordinator Dated: g -5 -13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E -� i= l c: Sheriff t _ x tW P R 0 1,H 0 N' j i tF�, Jody S Smith ��yrrrtr at'� `i���r��b Chief Deputy 2013 SEP 16 PH 2' t¢k Richard W Stewart " " CUMBERLAND COUNI � Solicitor Orr'CE OF TK$f`,ERfFr PENNSYLVANIA 21 st Mortgage Corporation Case Number vs. Sean Painter(et al.) 2013-4782 SHERIFF'S RETURN OF SERVICE 08/27/2013 06:02 PM - Deputy Shawn Harrison, being duly sworn according to law, , rved th req ested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a pers e s ting hemselves to be the Defendant, to wit: Christina (pock at 68 Peachy Ann Drive, Lower M ffl' a ille, A 17241. C SH WN HARRISON, DEPUTY 09/12/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sean Painter, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 371 York Road, South Middleton, Carlisle, PA 17013. Several attempts at service were made however deputies were unable to make contact with anyone at the residence and the Complaint has now expired. SHERIFF COST: $73.80 SO ANSWERS, September 12, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosott,Inc.