Loading...
HomeMy WebLinkAbout13-4835 Supreme Court aoE'Pennsylvania Pleas Proth Use Onl Courf�CommonPleas >� 1= Civil Cove>r�Sheet .�, Docket No: �✓ �< <? c S f ttf� CUMBEM;, '0 County l 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. Commencement of Action: S Complaint El Writ of Summons 0 Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: DEUTSCHE BANK NATIONAL TRUST COMPANY PAMELA J. ESHLEMAN T Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? El Yes El No (check one) El outside arbitration limits O N Is this a Class Action Suit? E Yes ED No Is this an MDJAppeal? F1 Yes i X No A Name of Plaintiff /Appellant's Attorney: ANDREW J. MARLEY El Check here if you have no attorney (are a Self - Represented [Pro Sel 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 El Intentional Buyer Plaintiff Administrative Agencies E] Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment Motor Vehicle Debt Collection: Other El Board of Elections Nuisance 0 Dept. of Transportation Premises Liability El Statutory Appeal: Other S E] Product Liability (does not include mass tort) El Employment Dispute: E � Slander/Libel /Defamation Discrimination ' C Other: Employment Dispute: Other El Zoning Board T El Other: I Q Other: O MASS TORT Q Asbestos N ! Tobacco Toxic Tort - DES Q Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste 0 Ejectment C. Common Law /Statutory Arbitration B El Other: Q Eminent Domain /Condemnation i�� Declaratory Judgment 0 Ground Rent Mandamus El Landlord/Tenant Dispute E] Non - Domestic Relations x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ! _i Mortgage Foreclosure: Commercial Quo Warranto El Dental E] Partition El Replevin Legal Quiet Title El Other: Medical Other: Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG ESQUIRE (75736) - LESLIE J. RASE, ESQUIRE (58365) T i CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC I t ! @ 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 _ tj' f t �Eq C 01 IN i Y TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Servicer Ocwen Loan Servicing LLC Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Pamela J. Eshleman COMPLAINT IN 327 Salt Road MORTGAGE FORECLOSURE Enola, PA 17025 -2050 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE S YOU WITH INFORMATION ABOUT HIRING A LAWYER. t�,,, a.�L 4 1(E. - 1S Pl a 1 Cj: tf zor�/Jr IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717 -249 -3166 STEVEN K. EISENBERG, ESQUIRE (75736) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Servicer Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 Civil Action Number: West Palm Beach, FL 33409 V. Pamela J. Eshleman COMPLAINT IN 327 Salt Road MORTGAGE FORECLOSURE Enola, PA 17025 -2050 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims , set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades a otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagan tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBERG, ESQUIRE (75736) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Servicer Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 Civil Action Number: West Palm Beach, FL 33409 V. Pamela J. Eshleman COMPLAINT IN 327 Salt Road MORTGAGE FORECLOSURE Enola, PA 17025 -2050 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Servicer Ocwen Loan Servicing LLC (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee by its Servicer Ocwen Loan Servicing LLC ")with offices located at 1661 Worthington Road, Suite 100 , West Palm Beach, FL 33409. 2. Defendant. Pamela J. Eshleman, is an adult individual with a last -known address of 327 Salt Road, Enola, PA 17025 -2050. 3. Under date of 08/30/2005, defendant executed and delivered to MERS Inc as nominee for Wilmington Finance a division of AIG Federal Savings Bank a mortgage upon the property 327 Salt Road, Enola, PA (the "Property ")to secure the payment of the sum of $96,000.00 . The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 08/31/2005 at Bk No: 1921, Pg No: 588 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A ". 4. Further, on March 30, 2012, Pamela J. Eshleman executed a Loan Modification Agreement in which terms of the original mortgage were amended in effort to aid the Defendant in curing her then default. The said loan modification agreement caused the deferment of principal which is reflected below. A true and correct copy of the loan modification agreement is attached hereto, made part hereof, and marked Exhibit "Al." 5. An assignment transferring the mortgage originally with MERS Inc as nominee for Wilmington Finance a division of AIG Federal Savings Bank (Originating Lender) as follows: a) Assignment from Mortgage Electronic Registration Systems Inc to Deutsche Bank National Trust Company as Trustee recorded on 05/05/2008, Inst No: 200814588 Cumberland County, Pennsylvania a. Corrective Assignment from MERS Inc as nominee for Wilmington Finance a division of AIG Federal Savings Bank to Deutsche Bank National Trust Company as Trustee was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. b) Assignment from Deutsche Bank National Trust Company as Trustee to Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of January 1, 2006 Morgan Stanley Home Equity Loan Trust 2006 -1, recorded on 10/10/2011, Inst No: 201127937 Cumberland County, Pennsylvania c) Assignment from Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of January 1, 2006 Morgan Stanley Home Equity Loan Trust 2006 -1 to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 6. Pamela J. Eshleman is the real owner of Property 327 Salt Road, Enola, PA 17025. 7. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B ". 8. The said loan is in default as a result of the failure to pay the monthly installments of $736.24 due on August 1, 2012 and on the same day of each month thereafter. 9. The following is due on the loan: PRINCIPAL BALANCE .... ............................... ....................$104,659.43 DEFERRED PRINCIPAL ...................... ............................... $5,021.29 INTEREST accrued thru 06/12/2013 of ......... ......................$1,953.42 Interest after 06/12/2013 shall accrue at the per diem rate of $5.63.) LATE CHARGES accrued thru 06/12/2013 of .....................$188.32 Late charges after 06/12/2013 shall accrue at the monthly rate of $23.54.) ESCROW ADVANCES ............................... .........................$97.59 FEES BILLED ................ ............................... ........................$321.00 ATTORNEY'S FEE ......... ............................... ......................$5,232.97 TOTAL................................................... ............................... $117 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, as Trustee by its Servicer Ocwen Loan Servicing LLC requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of $117,474.02 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN / ENB G, P BY: EVEN K. EISENBERG QUIRE ❑ M. TROY FREEDMA , QUIRE ❑ JACQUELINE F. M LLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE nn rr,, At ey for Plaintiff Date: 1 U AY&aw I. NO(t -ey, .� UIrL Pamela J. Eshleman- 327 Salt Road, Enola, PA 17025 VERIFICATION I, the undersi ned Contract Management Coordinate g � of Ocwen Loan Servicing, LLC ( "Ocwen "), Servicer for Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, ( "Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and /or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff's behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false. Date: ' Name: Pame a allard Title: Contract Management Coordinator Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Servicer Ocwen Loan Servicing LLC 3� a a .- .:J uu' Uil 31 Pff 3 07 Prepared By: Wilmington Finance. a division of AIG Federal Savings Bank 401 Plymouth Road, Suite 400 Return To: Wilmington Finance, a division of AIG Federal Savings Bank 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Parcel Number: Premises: 327 SALT ROAD 09 -13 -0999 -018 ENOLA. PA 17026 (Space Above Tt& ILue For Recanting Datal MORTGAGE Loan Number: 2000003712 MIN 100372405080918260 DEF1NMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21- Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Secui(ty Instrument" means this document, which is dated August 30, 2006 , together with all Riders to this document. (B) "Borrower" is PAMELA J. ESHLEMAN, ADULT INDIVIDUAL Borrower is the mortgagor under this Security Instrument. (C) 'TdERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the :mortgagee under this Security Instrument. MERS is organized and existing under the ,laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 - 2026, tel (888) 679 - MFRS. PENNSYLVANIA - Single Family - Fannie Mee/Froddfe Mee UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 fAiPAI taso2i Pape 7 of 56 ws VM rArt9 P OsW solutions: 1.1c. (a e. f800 )s2 -729s DDSBPA EXHIBIT UR I92P88 (D) "Lauder" is Wilmington Finance, a division of AIG Federal Savings Bank Lender is a federal Savings Bank organized and existing under the laws of Uni ted States of America Lender's address is 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (E) "Note" means the promissory note signed by Borrower and dated August 30, 2005 The Note states that Borrower owes Lender Hi nett' -Six Thousand & 00/100 Dollars (U.S. $ 96, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 01, 2035 M "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. R "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower fcheck box as applicable): M Adjustable Rate Rider F Condominium Rider Q Second Home Rider Balloon hider Fl Planned. Unit Development Rider Q 1-4 Family .Rider (I VA Rider 0 Biweekly Payment Rider Q other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessm and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal., telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" mean s those items that are described in Section 3. (M) "Alisoetlaneous Proceeds" means any-co.-uponsation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the: Note, plus (ii) any amounts under Section 3 of this Security Instrument. - 6A(PA) t0602a Pape 2 of 76 Form 3039 41131 DDS -SPA Bit 1921 J-bU589 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 "et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA" refers to all requirements and restrictions that am imposed in regard to a "federally related mortgage loan" even if the Loan does not. qualify as a 'federally related mortgage loan' under RESPA. (Q) "Successor in Interest of Borrower" means any pasty that has taken title to the Property, whether or not that party bas assumed Borrower's obligations under the Note and/or this Security Instrument. 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 perfo of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording jurisdiction] of CUMBERLAND [Name of Recording 7uduRc -don]_ AS PER DEED which currently has the address of 327 SALT ROAD [street] ENOLA [city], Pennsylvania 17025 [zip Code] ( "Property Address'): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements 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 MFRS holds only legal title to the Interests granted by Borrower in this Security instrurnent, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take an li e on required o€ L der including, but not limited to, rele and canceling this Security IrtitiW;'� - 6A(PA) t05021 p3 of t& Farm 3039 1107 oas-BPA 8K 192 1 FSu590 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment .charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment .under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments, due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated .in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its `rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiends or renum them to Borrower. If not applied eartier, such funds will be applied to the outs tanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3_ Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts slue 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 nvs,a.: � • M - WPAl205021 Paee 1 crt i 6 Form 3039 1101 lJa,^rCPA $K 19 2 PG 0 : 91 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and asse ssments and other items which can attain priority over this Security Ins trument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment. of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Fender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to bender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the a i mounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender tray require_ Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxim amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest r tam ®- 6A(PA) 05021 Peer $ of 15 ii Form 3039 1101 DD"PA BKI921PG0592 shall be paid on the Funds. bender shall give to Borrower, without charge, an annual accounting of the Funds as required. by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held 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 than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shalt pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfor such agreement; (b) contests the lien in good faith by, or defends against enforcement of the 'lien in, legal proceedings which in Mender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument, If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards .included within the term "extended coverage," and any outer hazards including, but not limited to; earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either, (a) a one -time charge for flood zone determination, certification and tracking services; or (b) _a cone -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur whicb. reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. e;mas 4•.]• ' ®-SA ;PAI roao2t r �a 6 o I i Farm 3039 7 /01 ODfr6PA UNK 19 21 PG, 0 9.3 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 night or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with. such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a. standard mortgage clause, and shall name Lender as mortgagee and/or as an additional .loss payee. Lender shall have the right to 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 o£, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee aml /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such .insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Taw requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. I= for public adjusters, or other third parties, retained. by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shalt be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance cattier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin wheri the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and {b} any other of Borrower's rights (other than the right to any refund of unearned p remiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due_ r 11 d - 6AtPA1 tosort Pans 7 e. 18 Form 3039 1101 DD"PA ! 1 92 1 PGO594 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and. shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause_ 8. Borrower's Loan. Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender .(or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instnrment.(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may .attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any stuns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to mate 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 do so and is nor 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. xvr.� l - satPat ro502a ?g• s or,e r Form soas atop DOS -OPA BN 19 2 1 PG 0 595 Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this Security In¢rrume nt . nese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mairaain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage I nsurance previously in effect, from an alternate mortgage insurer selected by Lender_ if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the .insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable, loss reserve in lieu of Mortgage Insurance. Such Joss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain. Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends 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 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk., or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. 'These agreements may require the mortgage insurer to make payments using any source of funds tbat the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be cbaracterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive rei nsurance ." g (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. - SA{PAI (woz taQe s of is Form 3039 1/01 DOE-CPA BK 1921 tGO596 7 . (b) Any such agrements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other Law. These rights may Indude the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair -and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds_ if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total tilting, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial. taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking. destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the so. ms 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 snake an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom .Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be. 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 Leader's interest in the. Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be CVA(PA1 tosoz Pup. loos 16 Form 3039 1/01 oo&ePA BK 192 1 FG9597 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; Forbeantace By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest is the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lander agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and befit the successors and assigns of Lender. 14. Loan Charges. Leader may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting bender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. . If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this reftmd by reducing the principal owed under the Note or by snaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment. to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Iniflda:� �•+ 4k-SA(PA) (U5o2) Pnp" 71 of 16 r Form 3039 7101 DD&8PA 6f�92 G598 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be'the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stared .herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrmtent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the . corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the lain of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as aprohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall.:not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future .date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security I nstrument _ however, this option sball not be exercised by Lender if such exercise is probNted 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 Instmment without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security I nstrument discontinued at any time Prior to the earliest of. (a) five days before sale of the Property p ursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Insttutnent. Those conditions are that Borrower_ (a) pays Lender all sums which then would be due under this Security Instrument and the Now as if no acceleration had occurred; (b) cures any default of any other covenants or ab- bA(PAI tosozi P,oe 12 of ie Form 3039 1101 DDS_6PA $1K 192 1 PU35)99 agreements; (c) Pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, Property "inspection and valuation fees, and other fees incurred for the Purpose of Protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Secw.uity Instrument, and Borrower's obligation to pay the sums secured by this Security Instrnment shall continue unchanged. Lender may require that Borrower pay such remstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, Provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain frilly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. ?A. Sale of Note; Change of Loan Servicer; Notice of Grievance. The :Note or a partial interest in the Note (together with this Security Instrtm en t) can be said one or more tunes without prior notice to Borrower. A sane might 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 Loan Servicer, Borrower wilt be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to.Borrowcr 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 or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other patty (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law` means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (e) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleamrp. QJ- - SA ;PA1 iosflz! Pao+ 13 as 18 fwrR 338 1101 DDS-SPA BK1921PG0600 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 .tta�gg the Property (a) that is in violation of any Environmental Law, (b) which creates an Environment - lion, or .(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property- The receding 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 Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation . of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental. Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as.foliows: 22. Acceleration; Remedies. Lender shall give notice to Borrower . prior to acceleration following Bo rrowees breach of any covenant or agreement in this Security instrument (but not ll or to acceleration under Section 18 unless Applicable Law provides otherwise), bender shallns►tify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default mast be cured; and (d) that failure to cure the default as speffied may resWt in acceleration of the sums secured b} this Security Instrument, foreclosure by judicial proceeding and sale of the Property. lender shall i .inform Borrower of the right to reinstate after accderation and the right to assert in the.foreclosure p roceedhi f the non - existence of a default or any other -defense of Borrower to acceleration and fored the default is not cured as specified, 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 shall be entitled to collect all expenses incurred in pursuing the remedles 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 shall 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 third party for services rendered and the charging of the fee is permitted under Applicable Law. Z4. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Inst rumen t, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security 'I nstrume nt. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ��a: �-• 4WWPAl (osoz) Pape is of re r .Form $039 1I01 DOS -8PA B1{1921PG0601 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Inst amen and in any Rider executed by Borrower and recorded with it. Witnesses: - Borrower PAMELA J. ESHLEMAN (Seal) - Borrower (Seal) (Seal) Borrower - Borrower (Seal) (S Borrower _g (Sea[) (Seal) -Borrower - Borrower at-SA(PA) moz Paw 150f 16 Form 8089 1101 DDS-6PA 8K 1921 PG0602 COMMONWEALTH OA� llF,, PENNSnVANIA, E) 1 k) County ss: On this, the ,�Q day of ,before me, the undersigned officer, personally appeared Down to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that helshelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hared and official seal, My Commission Expires; it4 M.�.r. •� . �,� f% '+kt • r` a NCTN MI SEAL "Ade of Officer s � TOWN* DWOM W. PA WINFRM +f M 1►.•' �► s WM CWM*dm E*W Mush 6, 2006 Certificate of Residence 1, , do hereby certify that the correct address of the within -named Mortgagee is P.O. Box 2026, Heart, MI 48501 -2026. Witness my hand this day of Agent of Mortgagee at- 6AIPA) iosort t'.Ge is of is Farm 5039 1101 DD$sPA 8K 1921 PG0603 Exhibit A — Leal Descrit�tian . TRACT #1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety -five and thirty- fiye.one- hundredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway leading from Summerdale to Wertzville; thence along the center of said Salt Road South forty -one degrees, forty -five minutes East (S 41'45' E) fifty (50) feet to a point in the center of said Salt Road; thence along lands now or formerly of Kathryn E. Stalter, South forty -eight degrees, Been minutes West (S 48'15' W) one hundred. fifty (150) feet to a .stake; thence along lands now or formerly of John L. Gutshall, North forty -one degrees, forty -five minutes West (N 41'45' W) fifty (50) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty -eight degrees, fifteen minutes East (IN 48' 15' E) one hundred fifty (150) feet to a point, the place of BEGINNING, together with any and all improvements thereon. TRACT #2• ALL THAT CERTAIN piece, parcel, Iot or tract of land situate in East Pennssboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of State Highway No. 21074, also known locally as the Salt Road, which point is a corner of land now or formerly of Kathryn E. Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty -eight degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty (ISO) feet to a point in line of land now or formerly of John L. Gutshall; thence along said land now or formerly of the said John L. Gutshall, South forty -one degrees forty - five minutes East (S 41'45' E), a distance of ten (10) feet to a point in line of land now or formerly of Charles Kauffman; thence by land now or formerly of said Charles Kauffman, North forty -eight degrees, 5fteen minutes East (N 48'15' E), a distance of one hundred fifty (154) feet to a point in the center of said first mentioned public road; thence along the center of said first mentioned public road, North forty -one degrees, fifteen minutes Nest (N 41' 1'15" a distance of ten (10) feet to a point, the place of BEGINNING, together with any and all improvements thereon. BEING the same two tracts of land which Gary D. Stalter, Administrator C.T.A. of the Estate of Kathryn E. Stalter granted and conveyed unto Todd Fulton and Michelle Fulton, husband and wife, by deed dated March 28, 2002, and recorded on April 2, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed-Book 251, Page 264. HAVING thereon erected a residential dwelling .known and numbered as 327 Salt Road, Enola, Pennsylvania. BKt921 PC 0604 AI3JUSTABLE RATE RIDER (LIBOR Index - Rate Caps) Loan Number: 2000003712 THIS ADYUSTABLE RATE RIDER is made this 30th day of August. 2005 , and. is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to Wilmington Finance, a division of AIG Federal Savings Bank. Federal Savings Bank (the "Lender ") of the same date and covering the property described in the Security Instrument and located at: 327 SALT ROAD ENOLA, PA 17025 (Propeny Addressj THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender Rinher covenant and agree as follows: A. INTEEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial "interest rate of 6.990 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. PSTIERES"T RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate F will pay may change on the first day of September, 2007 and on that day every sixth month thereafter. Each date on which my interest rate could chang is called a "Change Date." WILMINGTON - MODIFIED MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Index) - Single Family - Freddis .Mae UNIFORM INSTRUMENT 42VtSR10008) Form 37521f07 Page 7 0# 4 (nitials: VMP MORTGAGE FORMS - (80O) t21-7291 i -7297 E}US -GAO BK 1921 Pb-06O5 (B) The Index Be ginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar- denominated deposits in the London market ( "LIBOR "). as published in Me Wall Street Journal. The most .recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 740/1000 percentage points ( 5.740%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount.of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.990 % or less than 6.990 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.990 %, or less than 6.990 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. 4 81511 (4008) Page 2 of 4 Form 3182 1 /01 DDS -GAO BA 192 1 PG 06- 06 (F} Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount Of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may bave regarding the notice. B. TRANSFER OF TBE PROPERTY OR A BENEFICIAL. INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if a 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 Tender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Tender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breath of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and. that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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. initials 4W15R (0008) Page 3 of 4 Form 39821!01 DOS -GAO SK1 607 BY SIGNING BELOW, Borrower accePts and agrees to the.tertns and covenants contained in this Adjustable Rate Rider. (Seal) (Seal) - Borrower - Borrower PAMELA J. ESHLEMAN (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) -Borrower - Borrower (mil) (Seal) - Bormwer Borrower C (0008) Page 4 of 4 F" 3192 1101 obscaa I Certify this to be rcc. : In Cumberland Count rr >. Rec order 88192 1 PG0608 Investor Loan # After Recording Return To: This document was prepared by ( Space Above This Line For Recording Data] LOAN MODIFICATION AGREEMENT (S•HARED APPRECIATION) PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT AMENDS YOUR LOAN IN A NUMBER OF IMPORTANT WAYS, INCLUDING REDUCING THE PRINCIPAL YOU OWE. IF YOUR PROPERTY LATER APPRECIATES IN VALUE, HOWEVER, YOU WILL BE REQUIRED TO PAY BACK 25% OF THAT APPRECIATION CAPPED AT THE AMOUNT OF THE PRINCIPAL FORGIVENESS, LESS YOUR COST OF ANY IMPROVEMENTS. Borrower ( "I "): Pamela J Eshleman Servicer ( "Servicer "): Ocwen Loan Servicing, LLC Date of first lien Security Instrument ( "Mortgage ") and Note ( "Note "): 8/30/2005 Loan Number: 705625101 Property Address: 327 Salt Road Enola, PA 17025 ("Property") Servicer is offering this Loan Modification Agreement ( "Agreement "), dated 2/22/2012, which modifies the terms of Borrower's home loan obligations as described below: A. the Mortgage, Deed of Trust, or Security Deed (the "Mortgage'), dated and recorded in the public records of Cumberland County, B. the Note, of the same date and secured by the Mortgage (the "Note "), which covers the real and personal property described in the Mortgage located at 327 Salt Road Enola, PA 17025 (the "Property "). YOUR MORTGAGE, AS AMENDED BY THIS AGREEMENT, SECURES AS AN ADVANCE THE "SHARED APPRECIATION AMOUNT' TO THE SAME EXTENT AS IF SUCH SHARED APPRECIATION AMOUNT WAS INCURRED ON THE DATE THIS LOAN MODIFICATION AGREEMENT IS LEFT FOR RECORD. THE MAXIMUM AMOUNT OF - INDEBTEDNESS SECURED BY THE MORTGAGE, AS AMENDED BY THIS AGREEMENT, THAT MAY BE OUTSTANDING AT ANY TIME SHALL BE $110,271.79, PLUS ACCRUED AND UNPAID INTEREST. Pursuant to our mutual agreement to modify Borrower's Note and Mortgage (collectively the "Loan Documents ") and in consideration of the promises, conditions and terms set forth below, the parties agree as follows: 1. Preconditions to Modification. I understand and agree that: A. TIME IS OF THE ESSENCE under this Agreement: B. The Loan Documents shall not be modified unless and until (i) I successfully complete the Trial Period (as defined below), (ii) the title insurance company insuring the lien of the Mortgage assures Servicer (or otherwise confirms to its satisfaction) 1 CEX7HU31T 10230499233 NMLS #: 1852 Loan Number 705625101 OSAMO2021l vl that the Mortgage, as modified by this Agreement, continues to enjoy lien priority for the full amount of the Note and (iii) I receive from the Servicer a copy of this Agreement signed by the Servicer. C. In order for the terms of this Agreement to become effective, I promise to make. an initial payment of $ 673.63 on or before 4/1/2012 and one (1) Trial Payment in the amount of $ 673.63 to Servicer on or before 5/1/2012 ( "Trial Period "). In addition to the foregoing Trial Payments, I promise to pay all applicable monthly escrow payments. D. If I successfully complete the Trial Period, the "Loan Documents" will be modified pursuant to the terms of this Agreement. However, I acknowledge and agree that if I fail to send any payment on or before the respective due date, the Servicer's modification offer will be null and void and this Agreement will not become effective, and I further understand and acknowledge that the Servicer may commence or resume foreclosure or other activities related to the delinquency of my Loan under its original terms. Acceptance and application of late payments during the Trial Period will not constitute payment in accordance with Section I.C. above. 2. The Modification. If all preconditions to the modification set forth in Section 1 of this Agreement have been met, then the Loan Documents shall automatically become modified on 6/1/2012 (the "Modification Effective Date "). I understand that if I have failed to make any payments as a precondition to this modification, this modification will not take effect and this Agreement will not be effective. If this Agreement becomes effective, the Loan Documents will be modified to include the following new terms which are acknowledged and agreed: A. New Principal Balance: After successful completion of the Trial Period and other conditions set forth in Section 1 above, the new principal balance of my Note shall be $1 10,271.79 (the "New Principal Balance "). This includes, to the extent permitted by law, all amounts and arrearages that are past due (including any unpaid late charges) less any amounts paid to the Servicer but not previously credited to my Loan. A portion of the New Principal Balance shall be deferred and may be forgiven as provided in Sections 2.13 and 2.C. of this Agreement. B. Deferred Principal Balance: $5,021.29 of the New Principal Balance shall be deferred (the "Deferred Principal Balance "). The Deferred Principal Balance shall be treated as a non - interest bearing principal forbearance and I am not obligated to pay interest or make monthly payments on any portion of it. C. Forgiveness of Deferred Principal Balance: 100% of the Deferred Principal Balance is eligible for forgiveness in equal installments over three (3) years. Unless I default on my new payments to the extent that three (3) or more monthly payments become overdue and unpaid on the last day of any month, then the Servicer shall forgive one -third of the outstanding portion of my Deferred Principal Balance on each of the first, second and third anniversaries of the Modification Effective Date, respectively. Forgiveness of any such amounts will not result in a new payment schedule. D. Interest Bearing Principal Balance and Interest Rate: The portion of the New Principal Balance that is not deferred (i.e., New Principal Balance less Deferred Principal Balance) shall bear interest (the "Interest Bearing Principal Balance"). The Interest Bearing Principal Balance shall be $105,250.50 and interest at the rate of 2.00000% shall begin to accrue thereon as of 611/2012. If a default rate of interest is permitted under the Loan Documents, then in the event of any default under the Loan Documents, as amended by this Agreement, the interest that will be due will be. the rate set forth in this Section 2.D. E. New Payment Date, Schedule and Amounts to be Repaid: The first new monthly payment on the Interest Bearing Principal Balance shall be due on 6/1/2012. . The payment schedule for the modified Loan is as follows: Years interest Interest Rate Monthly Principal Estimated Total Monthly Payment Number of Rate Change Dale and Interest Monthly Payment* Begins On Monthly Payment Amount Escrow Payments Payment Amount* 1 $ 202.92, $ 673.63, Loan's 2.00000% 6/l/2012 $470.71 may adjust may adjust 6/1/2012 280 Maturity p eriodically periodicall *The escrow payments may be adjusted periodically in accordance with applicable law and therefore the total monthly payment may change accordingly. 2 10230499233 NMtS #: 1852 Loan Number 705625101 OSAMO202110 I shall pay in full the Interest Bearing Principal Balance, all accrued and unpaid interest thereon and all other amounts due and owing by the earliest of: (i) the date on which my Note matures and is due and payable in full (the "Maturity Date ") , (ii) a refinance or payoff of the entire Interest Bearing Principal Balance (a "Refinance Transaction "), or (iii) a sale or any transfer of the Property or a beneficial interest in the Property without the Servicer's consent that may require immediate payment in full under the terms of the Loan Documents (a "Sale Transaction "). I may also be required to pay the "Shared Appreciation Amount" as provided in Section 3 of this Agreement. F. Pre - Payment of Note: Provided I am not in default under the terms of this Agreement, in any pre - payment of the Note more than thirty. (30) calendar days after the Modification Effective Date, the portion of the Deferred Principal Balance not yet forgiven pursuant to Section 2.C. shall be deducted from the payoff amount. G. The terms in this Section 2 shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, any provisions for an adjustable, step or simple interest rate, interest -only or other payment options, or any negative amortization features that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. I WILL BE IN DEFAULT IF I DO NOT COMPLY WITH THE TERMS OF THE LOAN DOCUMENTS, AS MODIFIED BY THIS AGREEMENT. 3. Shared Appreciation. IF THE PROPERTY SECURING THE NOTE INCREASES IN VALUE AFTER THE MODIFICATION EFFECTIVE DATE, THERE MAY BE AN ADDITIONAL PAYMENT DUE, DEFINED IN THIS AGREEMENT AS THE "SHARED APPRECIATION AMOUNT". THE SHARED APPRECIATION AMOUNT RECOGNIZES CERTAIN IMPROVEMENTS I MAY MAKE TO THE PROPERTY IN THE FUTURE. IN NO EVENT SHALL THE SHARED APPRECIATION AMOUNT COLLECTED BE MORE THAN MY DEFERRED PRINCIPAL BALANCE $5,021.29). A. In addition to the amounts I am obligated to pay pursuant to Section 2 of this Agreement, upon the earliest of (i) the Maturity Date, (ii) a Refinance Transaction, or (iii) a Sale Transaction, I shall also pay principal in an amount equal to 25% of the future increase in value, if any, of the Property as more fully described below. This additional payment of principal is referred to in this Agreement as the "Shared Appreciation Amount ". The Shared Appreciation Amount shall be determined by the Servicer as follows. (Note, the terms "Valuation" and "Subsequent Capital Improvements" as used below are defined in Sections 3.13 and 3.0 of this Agreement). I. Maturity Date: The Shared Appreciation Amount, if any, at the Maturity Date shall be 25% of the difference between the Valuation of the Property as of such date and $105,250.50 (the Interest Bearing Principal Balance as of the Modification Effective Date) less (i) any credit determined by Servicer for Subsequent Capital Improvements and (ii) any amount of appreciation in excess of the Deferred Principal Balance. U. Refinance Transaction: The Shared Appreciation Amount, if any, in connection with a Refinance Transaction shall be 25% of the difference between the Valuation of the Property as of the closing date of the Refinance Transaction and $105,250.50 (the Interest .Bearing Principal Balance as of the Modification Effective Date) less (i) any credit determined by Servicer for Subsequent Capital Improvements and (ii) any amount of appreciation in excess of the Deferred Principal Balance. III. Sale Transaction: If the Property is sold, the manner in which the Shared Appreciation Amount, if any, is determined by the Servicer depends on whether or not the sale is at "Arm's Length ". If the purchaser is a party unrelated to the seller, then the Servicer will generally determine that the transaction is Arm's Length.. If, however, the purchaser is related to the seller, or other circumstances indicate that the transaction was not Arm's Length, or if there is a transfer of the Property or any beneficial interest in the Property without the Servicer's consent that may require immediate payment in full under the terms of the Loan Documents, then the Servicer may determine that the Sale Transaction is not Arm's Length. a) If the Sale Transaction is Arm's Length, then the Shared Appreciation Amount, if any, will be.equal to 25% of the difference between the gross sale price of the Property and $105,250.50 (the Interest Bearing Principal Balance of the Modification Effective Date), less (i) any credit determined by Servicer for Subsequent .Capital Improvements and (ii) any amount of appreciation in excess of the Deferred Principal Balance. b) If the Sale Transaction is not Arm's Length, then the Shared Appreciation Amount, if any, will be equal to 25% of the difference between the Valuation of the Property (as defined in Section 3.B.) as of the date of the sale or transfer and $105,250.50 (the Interest Bearing Principal Balance as of the Modification Effective Date), less (i) any credit determined by Servicer for Subsequent Capital Improvements and (ii) any amount of appreciation in excess of the Deferred Principal Balance. 3 10230499233 NMLS #: 1852 Loan Number 705625101 0SAMO202110 B. "Valuation" shall mean the dollar amount of the value of the Property determined by the Servicer under the following terms and conditions. In all of the circumstances enumerated in Section 3.A. other than an Arm's Length Sale Transaction, the Valuation shall include a Property appraisal from an independent licensed appraiser and, at Servicer's option, a third - party valuation based on such appraisal. I acknowledge and agree that such appraisal and third -party valuation (if any) are acceptable to me for assessing the value of the Property. I also agree to provide Servicer with written notice of my intent to cause or permit a Refinance Transaction or Sale Transaction no more than sixty (60) days and not less than thirty (30) days in advance of said Refinance Transaction or Sale Transaction. At the time notice is provided, I agree to deliver documentation to the Servicer evidencing the gross amount of proceeds expected from or to be paid under such Refinance Transaction to enable Servicer to establish a Valuation of the Property and determine the Shared Appreciation Amount with respect to the Refinance Transaction. In the case of a Sales Transaction, I agree to provide the sales contract and any other information reasonably required by Servicer to enable Servicer to determine whether or not it is an Arm's Length transaction and determine the Shared Appreciation Amount with respect to the Sales Transaction. I further agree and acknowledge that failure to provide the required notice of a Refinance Transaction or Sale Transaction may result in a delay in my Refinance Transaction or Sale Transaction and in my ability to pay off the Note and get the Mortgage released or reconveyed. I agree that Servicer will not be responsible for any loss, damage, expense, claim, proceeding, cause of action, encumbrance, order, charge, cost or reduction in value caused or contributed to, directly or indirectly, by my failure to give such written notice of a Refinance Transaction or Sale Transaction to Servicer. C. "Subsequent Capital Improvements" that will qualify for credit under the Shared Appreciation Amount include only those improvements that are initiated and completed after the Modification Effective Date and are permanent structural improvements that have directly enhanced the value of the property. Repairs to the Property do not qualify as a Subsequent Capital Improvement_ Servicer shall use the general guidelines adopted by the Internal Revenue Service to determine the difference between a Subsequent Capital Improvement and a repair. I agree to provide Servicer with the necessary support documentation, including, but not limited to, invoices and payment confirmation so that Servicer can determine whether any amounts for Subsequent Capital Improvements should be credited to the Shared Appreciation Amount. I acknowledge that failure to provide the necessary support documentation will result in no credit being provided for any Subsequent Capital Improvement I performed to the Property. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co- borrower is deceased; (ii) the borrower and co- borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non - signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Servicer has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, trial period plan or other workout plan that I previously entered into with Servicer. C. That this Agreement constitutes notice that the Servicer's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my escrow account. If this loan is currently escrowed for either taxes or insurance or both taxes and insurance, then Servicer will continue to collect the applicable escrow amount in addition to your monthly principal and interest payment. You agree to pay Servicer on the day payments are due under the Note and Mortgage as amended by this Agreement, until the loan is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Servicer under the Note and Mortgage; (d) mortgage insurance premiums, if any, or any sums payable to Servicer in lieu of the payment of mortgage insurance premiums in accordance with the Note and Mortgage; and (e) any community association dues, fees, and assessments that Servicer requires to be escrowed. These items are called "Escrow Items." You shall promptly furnish to Servicer all notices of amounts to be paid under this Section 4.C. You shall pay Servicer the Funds for Escrow Items unless Servicer waives my obligation to pay the Funds for any or all Escrow Items. Servicer may waive my obligation to pay to Servicer Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, you shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Servicer and, if Servicer requires, shall furnish to Servicer receipts evidencing such payment within such time period as Servicer may require. Your obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Note and 4 10230499233 NMLS #: 1852 Loan Number 705625101 OSAMO20211 vl Mortgage, as the phrase "covenant and agreement" is used therein. If you are obligated to pay Escrow Items directly, pursuant to a waiver, and you fail to pay the amount due for an Escrow Item, Servicer may exercise its rights under the Note and Mortgage and this Agreement and pay such amount and you shall then be obligated to repay to Servicer any such amount. Servicer may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Note and Mortgage, and, upon such revocation, you shall pay'to Servicer all Funds, and in such amounts, that are then required under this Section 4.C. Servicer may, at any time, collect and hold Funds in an amount (a) sufficient to permit Servicer to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ( "RESPA ") and (b) not to exceed the maximum amount a Servicer may require under RESPA. Servicer shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Servicer, if Servicer is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Servicer shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Servicer shall not charge you for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Servicer pays you interest on the Funds and applicable law permits Servicer to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Servicer shall not be required to pay you any interest or earnings on the Funds. Servicer and you may agree in writing, however, that interest shall be paid on the Funds. Servicer shall provide you, 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, Servicer shall account to you for the excess funds in accordance with RESPA. If there is a shortage or deficiency of Funds held in escrow, as defined under RESPA, Servicer shall notify you as required by RESPA, and you shall pay to Servicer the amount necessary to make up the shortage or deficiency in accordance with RESPA, but in no more than twelve (12) monthly payments. Upon payment in full of all sums secured by the Note and Mortgage and Agreement, Servicer shall promptly refund to you any Funds held by Servicer. D. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Servicer and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. E. That, as of the Modification Effective Date, I understand that the Servicer will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. F. That, I will cooperate fully with Servicer in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Servicer's procedures to ensure that the modified mortgage Loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Servicer does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. G. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that either a corrected Agreement or a letter agreement containing the correction will be provided to me for my signature. At Servicer's option, this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective documentation, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement. I agree to deliver any such corrective documents within ten (10) days after I receive the Servicer's written request for such replacement. 5 102304992.33 NMLS #: 1852 Loan Number 705625101 OSAMO2021,v1 H. That the mortgage insurance premiums on my Loan, if applicable, may increase as a result of the capitalization which will result in a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. I. Severability: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be or become prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.. J. In the case of multiple Borrowers, references to "I" and "my" throughout this Agreement shall mean "we" and "our', respectively. In Witness Whereof, the Servicer and I have executed this Agreement. Sign Here 4 T - m R h � ! $O L Date Pamela 3 Eshleman Sign Here / / Date *All individuals on the title (even if not a borrower on the note) must sign this agreement. If there are more than two title holders to this property, please have them sign below. If no other titleholders exist, please leave this section blank and return it with the rest of the agreement. Sign Here 4 / Date Sign Here / / Date Servicer BY Date If applicable: Mortgage Electronic Registration Systems, Inc. — Nominee for Servicer 6 10230499233 NMLS #: 1852 Loan Number 705625101 OSAMO20111v1 Ociven Lnan Servicing, LLC HELPING HOMEOWNERS 1S WHAT WE DO!rNi ocweN W W W.00W EN.COM Loan Number 705625101 BALLOON DISCLOSURE Borrower(s) ( "I "): Pamela J Eshleman Servicer ( "Servicer "): Ocwen Loan Servicing, LLC Date of first lien Security Instrument ( "Mortgage ") and Note ( "Note "): 8/30/2005 Loan Number: 705625101 Property Address: 327 Salt Road Enola, PA 17025 THIS BALLOON DISCLOSURE is made this 22nd day of February, 2012, and is incorporated into and shall be deemed to supplement the Modification Agreement (the "Agreement") of the same date given by the undersigned Borrower. The Agreement contains a balloon feature that requires the Borrower to make an additional. payment based on the future appreciation of the Property. This means that even if I make all payments full and on time, the loan will not be paid in full by the final payment date. A single balloon payment will be due and payable in full on 9/1/2035, provided that all payments are made in accordance with the loan terms and the interest rate does not change for the entire loan term. The balloon payment may vary depending on the Shared Appreciation Amount as determined at the time of maturity. Neither Ocwen Loan Servicing, LLC nor any lender to which your loan is transferred or assigned is under any obligation to finance the amount of the balloon payment. In addition, the value of the real estate securing this loan may change during the term of the loan. On the date the balloon payment becomes due, the value of the real estate may not be sufficient to secure a new loan in an amount equal to the balloon payment. Uwe have read the above disclosure and acknowledge receiving a copy by signing below. Borrower Date Borrower Date 7' 10230499233 NMLS ti: 1852 Loan Number 705625101 OSAMO2021Iv/ Ocireq Loan Servicing;, LLC. HFLPIN(3 HOMEOWNERS IS WHAT WE DO!I .. O C W E .............. N . W W W.00 W EN.COM. SHARED APPRECIATION DISCLOSURE Important disclosure about the agreement in which I pay a part of any future increase in the value of your home. Please read carefully. Borrower(s) ( "I "): Pamela J Eshleman Servicer ( "Servicer"): Ocwen Loan Servicing, LLC Date of first lien Security Instrument ( "Mortgage ") and Note ( "Note"): 8/30/2005 Loan Number: 705625101 Property Address: 327 Salt Road Enola, PA 17025 ("Property") THIS SHARED APPRECIATION DISCLOSURE is made this 22nd day of February, 2012, and is incorporated into and shall be deemed to supplement the Modification Agreement (the ='Agreement') of the same date given by the undersigned ( "Borrower "). The Agreement contains -a shared appreciation feature that requires the Borrower to make an additional payment based on the future appreciation of the Property. SHARED APPRECIATION AMOUNT I agree to share in any future appreciation of the market value of the Property that occurs between the date of modification and the date the Property is sold, refinanced or the Loan reaches maturity. The Shared Appreciation Amount recognizes certain improvements made to the property after the date of modification. In no event shall the Shared Appreciation Amount collected be more than the Deferred Principal Balance. The following are examples of how such shared appreciation may be calculated. EXAMPLES This share appreciation modification is available to borrowers whose unpaid principal balance exceeds the market value of their Property. Under the shared appreciation modification, the unpaid principal balance would be reduced, and the borrower's would receive a new principal balance made up of two parts: (i) an Interest Bearing Principal Balance that has been adjusted based upon the market value at the time of modification and (ii) a Deferred Principal Balance that does not bear interest and is eligible to be forgiven over a three year period. For purposes of this disclosure, the scenarios below are based on the following modification terms: • A market value of $100,000 at the time of modification. • A New Principal Balance of $130,000. • An Interest Bearing Principal Balance of $100,000. • A Deferred Principal Balance of $30,000. After four (4) years of making each monthly payment on time, Borrower decides to sell the Property and receives an Arm's Length offer to purchase from an unrelated third party in the amount of: 1. $100,000, EQUIVALENT TO NO APPRECIATION AFTER THE MODIFICATION As described below, since the market value of the Property remained the same from the date of modification to the date Borrower decided to sell the Property, the total Shared Appreciation Amount Borrower would owe would be $0. • All $30,000 of Deferred Principgl Balance would have been already forgiven. • The Shared Appreciation Amount would be equal to 25% of $0 in appreciation (25% x $0). • Borrower would owe a Shared Appreciation Amount of $0. 8 10230499233 NMLS #: 1852 Loan Number 705625101 0SAMO202114 Ocwen Loan Servicing, LLC HELPING - HOMEOWNERS IS WHAT WE DO!M .....................s W W W.O('W EN.COM O C W E N • Borrower would receive $0 in appreciation from the sale of your Property. 2. $120,000, EQUIVALENT TO AN APPRECIATION OF TWENTY PERCENT (20 %) AFTER THE MODIFICATION As described below, since the market value of the Property increased from $100,000.to $120,000 from the date of modification to the date Borrower decided to sell the Property, the total Shared Appreciation Amount Borrower would owe would be $5,000. • All $30,000 of Deferred Principal Balance would have been already forgiven. • The Shared Appreciation Amount would be equal to $5,000 or 25% of the $20,000 in appreciation (($120,000 - $100,000) x 25 %). • Since the Shared Appreciation Amount of $5,000 (25% x $20,000) is less than the Deferred Principal Balance ($30,000), the Shared Appreciation Amount Borrower would owe would be $5,000. • Borrower would receive 75 % or $15,000 (75% x$20,000) of the, increase in market value. 3. $120,000, EQUIVALENT TO AN APPRECIATION OF TWENTY PERCENT (20 %) AFTER THE MODIFICATION (WITH A SUBSEQUENT CAPITAL IMPROVEMENT MADE TO THE PROPERTY.) As described below, the market value of the Property increased from $100,000 to $120,000 from the date of modification to the date Borrower decided to sell the Property. However, in this instance, the Borrower has also produced evidence of a $5,000 Subsequent Capital Improvement made to the property after the modification effective date. As a result, the total Shared Appreciation Amount Borrower would owe would be $3,750. • All $30,000 of Deferred Principal Balance would have been already forgiven. • The Shared Appreciation Amount would be equal to $3,750 or 25% of the $15,000 in appreciation achieved after deduction of the $5,000. for the Subsequent Capital Improvement (($120,000 - $100,000 - $5,000) x 25 %). • Since the Shared Appreciation Amount of $3,750 (25% x $15,000) is less than the Deferred Principal Balance ($30,000), the Shared Appreciation Amount Borrower would owe would be $3,750. • Borrower would receive a full credit of $5,000 for the Subsequent Capital Improvement plus 75% or $11,250 (75% x $15,000) of the increase in market value. 4. $225,000, EQUIVALENT TO AN APPRECIATION OF ONE HUNDRED AND TWENTY FIVE PERCENT (125 %) AFTER THE MODIFICATION As described below, since the market value of the Property increased from $100,000 to $225,000 from the date of modification to the date Borrower decided to sell the Property, the total Shared Appreciation Amount Borrower would owe would be $30,000. • All $30,000 of Deferred Principal Balance would have been already forgiven. • The Shared Appreciation Amount would be equal to $31,250 or 25% of the $125,000 in appreciation (($225,000 - $100,000) x 25 %). • Since the Shared Appreciation Amount of $31,250 (25% x $125,000) is greater than the Deferred Principal Balance ($30,000), Borrower would owe a Shared Appreciation Amount of $30,000 at the time of sale. • Borrower would receive 75% or $93,750 (75% x $125,000) plus an additional $1,250 ($31,250 - $30,000) because the amount of appreciation actually due cannot exceed the total Deferred Principal Balance of $30,000_ OTHER CONSIDERATIONS 1. Borrower should seek independent counseling from a lawyer, a HUD - certified mortgage counselor and/or a tax advisor regarding (A) the trade -off between a current reduction in the size of the mortgage versus the promise to give up part of the future appreciation of your Property, and (B) the tax consequences of the principal forgiveness and shared appreciation features of the Agreement. 2. The U.S. Department of Housing and Urban Development list of approved housing counselors may be found at: htti)://www.liud.govlo ces/lisg/sili/hccKc/ 9 10230499233 NMLS #: 1852 Loan Number 705625101 0SWO20211 H oe Ociveu Lunn Servicing, LLC HELPING HOMEOWNERS IS WHAT WE DOP" O. WWW.O WEN ' ) ocw EN - .C.'CM 3. The Agreement could have effect on future refinancing of the Property. If Borrower refinances or pays off the Note after entering into this Agreement, Borrower would be required to pay part of the appreciation in the value of the Property as described in the Agreement. �I/we have _read the above disclosure and acknowledge receiving a copy by signing below. Borrower Date Borrower Date 10 10230499233 NM[S N: 1852 Loan Number 705625101 / OSAMO202,M STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWrr, PA 19046 (215) 572 -8111 Date: May 2, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF_ THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA.DO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Pamela J. Eshleman PROPERTY ADDRESS: 327 Salt Road, Enola, PA 17025. MAILING ADDRESS: 327 Salt Road, Enola, PA 17025 -2050 LOAN ACCT. NO.: 705625101 ORIGINAL LENDER: MERS, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank CURRENT LENDERISERVICER: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006 -1, by its Attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, X IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE, ACTION,. BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to snake 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 I'OU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 327 Salt Road, Enola, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from August 1, 2012 through and including May 2, 2013 as follows: Payments of $736.24 due on 08/01/2012 through and including 05/01/2013, i n the amount of ................ ............................... ......................$7,362.40 Other charges (explain/itemize): Latecharges: .......................................................................... $188.32 Feesbilled ..................................................... ....... . . . . .. ............$10.50 Other charges ( explain) .............. ........... .................... .............$0.00 Lesssuspense ................ ............................... ..........................$0.00 TOTAL AMOUNT PAST DUE : .............................. ......................$7,561.22 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,561.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CIIARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made by cash, cashier's check, certified check or money order made - payable -and sent to: Oewen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total annount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaued p roperty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Deutsche Bank National Trust Company, as Trustee, by its -- Attorney- in-fact, Ocwen.Loan- Servicing, LLC - Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 -310 -9229 407- 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG, PC BY: Eiseizberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED` — AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. Comprehensive Housing -; _..._..._. _ .... RN, Hu'littt�_ F;t I— NCE .-. Counseling Ag encies Agencias de Consejo al CItente pars Vivienda Cumberland County *CCCSofW sternPA -York 55 Clsver Hill Road Dallanawn PA 17313 888.5112227) 886.511.2227 Commtm ryAction Commission - Capital Region 1514 Denyfit Harrit-burg PA 17104 717.232.9757 w:r. r.catis:�un, i.:rra Harrisburg Fair Housing Council 212b0 N Cth St Harishwg PA 17118 717.236 55421 Housing & Pedevi�lopmentAutlso -ity- Cumheriand Cnty 114 N HansrerSt; s7E 144 CaA242 PA 17]13 $rfi.883.59071717.249.0 789 �..hNxcthr :am Pathstone Corporation Pennsylvania 1625 North Seaand St Hardshurg PA 171192 717234.66 ,...N_ •r�r.2Ii.� a.g2epth�tang on r,rm Pennsylvania Interfaith Community Programs, Inc, 40 E High St Cettyshurg PA 17325 717.334.1518 i:n,YCada �nscha.arc; NOTE MArly the agencies offer vrarkshops at various location sites; czll to find a location naar you. Report last updated: 4/319!2012 9:03:04 AM Page 1 of 1 Name and STERN & EISENBERG ! Address 261 Old York Road -The Pavilion -Ste 410 ZIP 19046 � 02 in $ 002,4© of Sender Jenkintown, PA 19046 0001371685MAY 0 2013 Lire Article Postage Fee Number 1 * * ** Pamela J. Eshleman 327 Salt Road Enola, PA 17025 2 * * ** 3 * ** 4 * * ** 5 * * ** 6 * * * * PHFA PO BOX 8029 HARRISBURG, PA 17105 -8029 U . S . Po stal 7 * * ** CERTIFIED MAIL. RECEIPT ( 8 * * ** _+p' ir : _ _ A A nn W -iI / a G A Q' Posra a S l * * ** 1 ru 9 1 Ceriiiied Fee �,! FU 1 1 ^' 11 * * * * — Postmark © Return Receipt Fee O (Endorsement Required) '; � � . __ Here Restricted Delivery Fee 12 tEndorsoment Required) �L1 Total Postage & Fees 13 Sent 70 14 * * ** / r - 9 Pamela J. Eshleman l o sired, APi.' No., " 327 Salt Road rZ or PO Box No. 15 RE: Eshleman ACT NOTICE cr siare: ziP +s Enola PA 17025 ------------------------ Total Number of Total Number of Pieces Postnl ne Re ruing PS FOrm 3000. Auguist 2006, See Reverse for lnsttuclionS Pieces Listed b Se Received at Post Offi Em ee Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan IN THE COURT OF COMMON Trust 2006 -1, by its Servicer Ocwen Loan PLEAS OF CUMBERLAND Servicing LLC COUNTY, PENNSYLVANIA Plaintiff COMPLAINT IN V. ..- Pamela J. Eshleman MORTGAGE FORECLOSURE' 4 Defendant(s) —C> l ( = -.-4 r I 3 - Y e s ivil ---' �_ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSV"' 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 th is 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 conci liation . 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 TIDS NOTICE. TIDS PROGRAM IS FREE. Res ly submi Date: nature of Counsel for Plainti. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan IN THE COURT OF COMMON Trust 2006 -1, by its Servicer Ocwen Loan PLEAS OF CUMBERLAND Servicing LLC COUNTY, PENNSYLVANIA Plaintiff °- COMPLAINT IN Pamela J. Eshleman MORTGAGE FORECLOSURE 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 Signature of Defendant Date: Signature of Defendant Date: 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 leader must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: ya State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date Price: Realtor Name: Realtor Phone: Borrower Occupied? Yes No Ej Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: Of people in household: How long? Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: ype.of Loan: �.ran I1�nmi�►gr• If yes provide names location of court, ease number & attorney: Assets Amount Owed Value: Home: Other Real Estate: $ Retirement Funds: $ $ Investments: $ $ Checking:$ $ Savings: $ Other: $ $ ! Automobile #I Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: � Other transportation Lautomobiles. boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I, 2. 3. Additional Income Description (riot wages): I, monthly amount: 2 monthly amount Borrower Pay Pays: Co- Borrower Pay Days; Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AlyIOUNT EXPENSE AMOUNT' Mortea e ' Food 2 " a e i EJtiliti's i CarPa yment s ; Condo/Neigh. Fees Auto Insurance Ned. not covered f Auto fuel/repairs i Other prop. payment Install. Loan Payment ; Cable TV Child Su rttAlim. 1 Spending More Day;ChiId. Care uit. Other Ex eases 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 Houteowmers 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 (� l�'o El 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) Phone: AUTHORIZATION I /We, , authoriTethe above named to use /refer this information to my lender,servicer for the sole purpose of evaluating my financial situation for possible mortgage options, I/We understand that lfyre 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: V Proof of income Past 2 bank statements j Proof of any expected income for the last 45 days V Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation (hardship: letter) Listing agreement (if property is. currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'i ` - tC�d Sheriff ti,xxv t Cy THE HE PROTHONO TAWt' Jody S Smith T Chief Deputy 20 13 AUG 28 M10: 37 Richard W Stewart Solicitor OFFICE OFTFIE Si---RIFF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. 2013-4835 Pamela J. Eshleman SHERIFF'S RETURN OF SERVICE 08/23/2013 03:07 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Pamela J. Eshleman at 327 Salt Road, East Pennsboro Township, Enola, PA 17025. RYAN BURGETT, DEPUTY----3 SHERIFF COST: $44.95 SO ANSWERS, August 26, 2013 RbNW R ANDERSON, SHERIFF (c)Coun[y5ulte 6horiff,Teleosoft,b;c. STEVEN K.EISENBERG,ESQUIRE(75736) {' O M.TROY FREEDMAN,ESQUIRE(85165) tJ LESLIE J.RASE,"ESQuIRE(58365) /D a s, 10; CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) _ CU IBPERLANO COUNTY STERN&EISENBERG,PC PENNSYLVANIA 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action Number: 13-4835 Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Pamela J. Eshleman , for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE...............................................................................$104,659.43 DEFERRED PRINCIPAL.............................................................................$5,021.29 INTEREST accrued thru 06/12/2013 of .......................................................$1,953.42 Interest after 06/12/2013 shall accrue at the per diem rate of$5.63.) LATE CHARGES accrued thru 06/12/2013 of.............................................$188.32 Late charges after 06/12/2013 shall accrue at the monthly 6l � rate of$23.54.) O oA W13% ESCROWADVANCES................................................................................$97.59p`�R ��U FEESBILLED......................................................................................:........$321.00 ATTORNEY'S,FEE......................................................................................$5,232.97 Sub-Total Through Date of Complaint....................................................$117,474.02 ACCRUED INTEREST after 06/12/2013 shall accrue at the per diem rate of$5.63 to October 1, 2013 ..........................................$624.93 ACCRUED LATE CHARGES Late charges after 06/12/2013 accruing at the monthly rate of$23.54 through October 1, 2013.........................................................$94.16 TOTAL DUE THROUGH DATE OF REQUEST FORJUDGMENT.........................................................................................$118,193.11 STERN &EISENB RG, PC x BY: ❑ IWEVENtK. NB , ESQUIRE • M. TROY FREEDM , ESQUIRE • JACQUELINE F. McNALLY, ESQUIRE • LESLIE J. RASE, ESQUIRE •YHRISTINA C. VIOLA, ESQUIRE Er ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREw J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Civil Action: 13-4835 Servicing LLC V. Pamela J. Eshleman MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF BUCKS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is 327 Salt Road Enola, PA 17025-2050 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN &E1S-EN,E , PC BY: ❑ 9TIENEN K. EISENBERG UIRE ❑ M. TROY FREEDMAN UIRE ❑ JACQUELINE F. Mc LY, ESQUIRE ❑ LESLIE J. RASE, E QUIRE ❑ IRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this 18"i Day of November, 2013. Notary Public COMMONWEALTH, R�rNNSYLVANIA NOTARIAL SEAL HELEN CAPASSO,Notary Public Warrington Tw i.,Sucks County My Commission Expires October 21,2016 Department of Defense Manpower Data Center Results as of:Nov-18-2013 06:13:31 SCRA 3.0 stam's teport Pursuant to Sergi cemembers Civil Relief Act, h� - j Last Name: ESHLEMAN First Name: PAMELA Middle Name: Active Duty Status As Of: Nov-18-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. i Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835 Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN & 'SENBE , PC BY: ❑ EVEN K. EISE G, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ IRISTINA C. VIOLA, ESQUIRE ®/ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN&EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company,as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, Docket#: 13-4835 by its Servicer Ocwen Loan Servicing LLC (Plaintiff) . TEN DAY NOTICE V. Pamela J. Eshleman (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Pamela J.Eshleman 327 Salt Road Enola,PA 17025 Date of Notice: Monday,September 16,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH -BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108, 717-249-3166 STERN&EISENBERG,PC By. ttorney for.Plainfff \Michaela\Ten Day\Cumberland\Ocwen.Eshleman.9.13.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835' Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN & EISENBERG, PC BY: ❑4 VEN K. EISENBE SQUIRE ❑ M. TROY FREEDMA , ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE 0,PHRISTINA C. VIOLA, ESQUIRE Q ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835 Pamela J. Eshleman MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company, as Trustee by its Servicer Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 (Defendant(s)) STE SE RG BY: ❑ STEVEN K. EISEN G, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE RISTINA C. VIOLA, ESQUIRE ff ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE 75736) M.TROY FREEDMAN,ESQUIRE(5165) ' "�t� t0� /{l LESLIE J.RASE,ESQUIRE(58365) ids CHRISTINA C.VIOLA,ESQUIRE(308909) t' l& �° ANDREW J.MARLEY 312314 STERN&EISENBERG(PC �J��EN� A ll � CC1i1,�dT1' 1581 MAIN STREET,SUITE 200 �' �YI'r✓ Iq A WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835 Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I,the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 327 Salt Road ,Enola, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 2. Name and address of Defendant(s) in the judgment: Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Home Equity of America, Inc 1000 E 801h Place N. Towermerrillville, IN 46410 Pennsylvania Housing Finance Agency 211 North Front Street, Po Box 15530, Harrisburg PA 17105-5530 Deutsche Bank National Trust Company as Trustee 4837 Watt Avenue, Suite 100 North Highlands, CA 95660 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 327 Salt Road, Enola, PA, 17025. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 18, 2013 STERN &EI NB PC BY: ❑ STEVEN K. EISENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE • JACQUELINE F. MCNALLY ESQUIRE • LESLIE J. RASE, ESQUIRE 9 RISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me This 18 D y of November, 2013. Notary Public comme NOTARIAL$EAL Notary Public HELEN CAPASSO�ucks Count wamngton Twp y October county 2016 My commission Expires STEVEN K.EISENBERG,ESQUIRE(75736) !" F ! O '`�� M.TROY FREEDMAN,ESQUIRE(85165) � �� 10. LESLIE J.RASE,ESQUIRE(58365) 6 %J CHRISTINA C.VIOLA,ESQUIRE(308909) � 't �t �� i , ANDREW J.MARLEY(312314) [' NNS y V,Uh T y STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1,by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835 Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 Your real estate at 327 Salt Road , Enola, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 12, 2014 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$118,193.11 obtained by Deutsche Bank National Trust Company, as Trustee by its Servicer Ocwen Loan Servicing LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern& Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern& Eisenberg PC, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern&Eisenberg PC,telephone(215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern&Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company,as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1, by its Servicer Ocwen Loan Servicing LLC V. Civil Action: 13-4835 Pamela J.Eshleman Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 327 Salt Road ,Enola,PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. Asa result of a default,the above referenced premises, also described on the attached sheet,will be sold by the Sheriff of Cumberland County on Wednesday,March 12, 2014 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$118,193.11 together with interest,costs (and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days thereafter. November 18,2013 STERN EIS NB , P BY: 7 VEN K.EIS ERG,E UIRE • M.TROY FRE MAN, UIRE • JACQUELINE LY,ESQUIRE ❑ LESLIE J. RASE,ESQUIRE ❑ CHRISTINA C.VIOLA,ESQUIRE 92"ANDREW J.MARLEY,ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Deutsche Bank National et al. ❑Confessed Judgment Plaintiff ❑Other vs. File No. 13-4835-Civil C-) Amount Due $118,193.11 j Pamela J. Eshleman Defendant Interests Address: Atty'sComm 327 Salt Road Costsi ;" Enola, PA 17025 o � y� TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) 327 Salt Road,Enola,PA 17025 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). ❑ (Indicate)Index this writ against the garnishee(s)as a lis pendens gainst teal est a of e defendant(s)described in the attached exhibit. Date-11/18/2013 Signature: Print Name: ndrew J. Marley �/ Address: 1581 Main Street�uate 200 a�;�PU Warrington, PA 18976 v 1+4 .4s W Attorney for: Plaintiff )o 9, 7 S 11 1, Telephone: 215-572-8111 &preme Court ID No: 312314 4113, 70 , So CYO �a)yF P,-2d W�t� J l2� mss a TRACT#1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety-five and thirty-five one hundredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway leading from Summerdale to Wertzville; thence along the center of said Salt Road South forty-one degrees, forty-five minutes East(S 41'45'E) fifty (50) feet to a point in the center of said Salt Road;thence along lands now or fonnerly of Kathryn E. Stalter, South forty- eight degrees, fifteen minutes West (S 48°15' W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L. Gutshall,North forty-one degrees, forty-five minutes West (N 41°45' W) fifty(50) feet to a stake; thence along lands now or formerly of John L. Gutshall,North forty-eight degrees, fifteen minutes East (N 48°15' E) one hundred fifty (150) feet to a point, the place of BEGINNING, together with any and all improvements thereon. TRACT#2: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point in the center line of State Highway No. 21074, also known locally as the Salt Road, which point is a corner of land now or formerly of Kathryn E. Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48°15' W), a distance of one hundred fifty(15 0) feet to a point in line of land now or formerly of John L. Gutshall; thence along said land now or formerly of the said John L. Gutshall, South forty-one degrees, forty-five minutes East(S 41'45' E), a distance of ten(10) feet to a point in line of land now or formerly of Charles Kauffman; thence by land now or formerly of said Charles Kauffman,North forty-eight degrees, fifteen minutes East(N 48° 15' E), a distance of one hundred fifty (150) feet to a point in the center of said first mentioned public road; thence along the center of said first mentioned public road,North forty-one degrees, fifteen minutes West (N 41°15' W) a distance of ten(10) feet to a point,the place of BEGINNING, together with any and all improvements thereon. BEING KNOWN 327 Salt Road, Enola, PA 17025 BEING the same premises which Todd Fulton and Michelle Fulton, husband and wife, by Deed dated August 30, 2005 and recorded August 31, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270 Page 3624, granted and conveyed unto Pamela J. Eshleman, Single Woman. PARCEL NO. 09-13-0999-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4835 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1,BY ITS SERVICING OCWEN LOAN SERVICING, LLC Plaintiff(s) From PAMELA J.ESHLEMAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $118,193.11 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $193.70 Other Costs: Plaintiff Paid: Date: 11/20/13 David D. Bu 1,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ANDREW J.MARLEY,ESQUIRE Address: STERN&EISENBERG,PC 1.581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No.312314 I STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) r:!'- BI- ,F F I C c. LESLIE J.RASE,ESQUIRE(58365) 1 THE i E PRO i HONG 4* CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) 2'313 DEC 26 PAM 3: 04 STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 CUi-BERLAND COUNTY WARRINGTON,PENNSYLVANIA 18976 PENNSYLVANIA TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1,by its Servicer Ocwen Loan Servicing LLC Civil Action Number: 13-4835 v. Pamela J. Eshleman Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, M. TROY FREEDMAN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant by certified mail return receipt requested and regular mail, on December 20, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class,postage prepaid mail on December 20,2013,as evidenced by copy of certificates of mailing attached. STERN& EIS r ` B. 'G, BY: MXROY FREEDMAN ttorney for Plaintiff 12/23/13 M '?;.- � ro RR 'rn ,). ,..._. is ir ,..., c„. (r‹. 4 :g. Z *\ A t gill r N * r * * N * . c�a y. 4:- * , *\ Iy Q0{ 1 .e /) p � �+ �''{� «, to•2 G ✓ rte--, �+ " o -t �. 1Y.. ` " • L" 0 0 ��' O P Ct C fD �l ON 0 S nZ u) P to n -.l En Cd ✓ CN C1� AD Qn h o d 0 r ,C d c --a ,-, ,-+ ,f= , . . . . . . . . • . , . . . . 4- 0 . . . 1 _....., ''',. ..... iv-- > e sk i •D. ; c,, Ns, ,,-,,..1 . .. ----- 0 . le. . ow ISI t. . 0° $ ' ■ ,......r"- 1.0ra i s 0 435 -a o di szt sc. . 4-1 c•-•', s 0•ty , %fin', 4. . 1 0 0 t 5 U-,-, 74 i5 0 i 0 C5'‘4•C' ,'F.t...,,, % & ,.s. 0 -0• 2 -., • ,,, _ ..... u,„ 0 s e 0% t, is. ,t0',, , 7; 0:Ts. 0 V, — •, a- 0 t***-fit X ' c,,v. -:.--,,s s S- t-) 1:6 cr . li cs.?, s-sz V-- w illc tr. E. v di tii zo .3(„) .... u- ZO OV`Va 'ttl - • . . •■■‘ -- --- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 `3i FIC TE. PROTHONOTARY 2{ i MAY 27 Pry 2: 07 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OFT E €teESIFF Deutsche Bank National Trust Company Case Number vs. Pamela J. Eshleman 2013-4835 SHERIFF'S RETURN OF SERVICE 01/09/2014 06:07 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 327 Salt Road, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 01/09/2014 06:07 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Pamela J. Eshleman at 327 Salt Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/10/2014 As directed by Steven Eisenberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 05/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,377.34 SO ANSWERS, May 21, 2014 RONiTY R ANDERSON, SHERIFF 4l 304 le -7 c) CaunlySu to S?,eriff.'f'eleosaft, lr . w ch N Aft U c tiLune N On November 25, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 327 Salt Road, Enola as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 25, 2013 By: tL Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-4835 Civil Term Deutsche Bank National Trust Company vs. Pamela J. Eshleman Atty.: Steven Eisenberg TRACT #1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety-five and thirty-five one hun- dredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway lead- ing from Summerdale to Wertzville; thence along the center of said Salt Road South forty-one degrees, forty- five minutes East (S 41°45' E) fifty (50) feet to a point in the center of said Salt Road; thence along lands now or formerly of Kathryn E. Stal- ter, South forty eight degrees, fifteen minutes West (S 48°15' W) one hun- dred fifty (150) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-one degrees, forty-five minutes West (N 41 °45' W) fifty (50) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight degrees, fifteen minutes East (N 48° 15' E) one hundred fifty (150) feet to a point, the place of BEGINNING, together with any and all improvements thereon. TRACT #2: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- ter line of State Highway No. 21074, also known locally as the Salt Road, which point is a corner of land now or formerly of Kathryn E. Stalter; thence along said land now or formerly of 31 Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48° 15' W), a distance of one hundred fifty (150) feet to a point in line of land now or formerly of John L. Gutshall; thence along said land now or for- merly of the said John L. Gutshall, South forty-one degrees, forty-five minutes East (S 41°45' E), a distance often (10) feet to a point in line of land now or formerly of Charles Kauffman; thence by land now or formerly of said Charles Kauffman, North forty- eight degrees, fifteen minutes East (N 48° 15' E), a distance of one hundred fifty (150) feet to a point in the center of said first mentioned public road; thence along the center of said first mentioned public road, North forty- one degrees, fifteen minutes West (N 41 '15' W) a distance often (10) feet to a point, the place of BEGINNING, together with any and all improve- ments thereon. BEING KNOWN 327 Salt Road, Enola, PA 17025. BEING the same premises which Todd Fulton and Michelle Fulton, husband and wife, by Deed dated Au- gust 30, 2005 and recorded August 31, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270 Page 3624, granted and conveyed unto Pamela J. Eshleman, Single Woman. PARCEL NO. 09-13-0999-018. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-4835 Civil Tertn�• 10 De tsche Bank Natio I n; Trust Company Vs n amela J. Eshleman Atty: Steven Eisenberg 1! TRACT #1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety- five and thirty-five one hundredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway leading from ,Summerdale to Wertzville; thence along the center of said Salt Road South forty-one degrees, forty-five minutes East (S 41°45' E) fifty (50) feet to a point in the center of said Salt Road; thcnce along lands now or formerly of Kathryn E. Stalter, South \. 1 forty eight degrees, West (S 48°15' W) ane (150) feet to f Sia, lands now or ‘0‘ ndred fifty ence along f John L. This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swojt to old subscribed before me this 18 day of February, 2014 A.D. o ary Public COMMGn`wEAIT H OF Holly Notarial Sea Ndt YlvAN1A washing on Warfel, (Votary public MyCOnrinisslon Ex�lres Dec. County 06 EMBER PENN AN N OR NOT/kit/Es