Loading...
HomeMy WebLinkAbout13-5123 Supreme COUT� )f, Pennsylvania COUr ; f l Colrnmon`Pleas For Prothonotary Use Only: f 1 } Clvil' Docket No: )) Cumberland �,'/ County 7 '3 / a 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 El Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C U.S. Bank N.A., as Trustee et al. Scott A. Macak and Judy F. Macak and USA T Dollar Amount Requested: Owithin arbitration limits Y Are money damages requested? !X Yes 0 No (check one) Eloutside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? [] Yes [E No A Name of Plaintiff /Appellant's Attorney: M. Troy Freedman 0 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 A1ass Tort) CONTRACT (do not include .judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S] Product Liability (does not include mass tort) � Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board 0 Other: T I 0 Other: O MASS TORT 0 Asbestos N [ ? Tobacco 0 Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical f© Other: Other Professional: Updated 111/1011 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 C 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 -,, M FACSIMILE: (215) 572 - 5025 - <> p _ (COUNSEL FOR PLAINTIFF) < - 3> G _n IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA xc - 5EF� FOR CUMBERLAND COUNTY' U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4.,by its servicer, Ocwen Loan Civil Action Number: Servicing LLC. L� S'/�3 1661 Worthington Road, Suite 100 '? West Palm Beach, FL 33409 COMPLAINT IN V. Scott A. Macak MORTGAGE FORECLOSURE 707 Brenton St Shippensburg, PA 17257 -2115 Judy F. Macak 707 Brenton St Shippensburg, PA 17257 -2115 and United State of America, Dept of Treasury Internal Revenue Service c/o U.S. Attorney's Office William J. Nealon Federal Building &� Courthouse rt Q 235 N. Washington Avenue, Suite 311 3. Scranton, PA 18503 Defendant(s) COMPLAINT�� CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4.,by its servicer, Ocwen Loan Servicing LLC. (Hereinafter referred to as "U.S. Bank N.A., 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(s) are Scott A. Macak and Judy F. Macak, adult individuals with a last -known address of 707 Brenton St, Shippensburg, PA 17257 -2115 and United State of America Dept of Treasury, Internal Revenue Service with an address c/o U.S. Attorney's Office, William J. Nealon Federal Building & Courthouse, 235 N. Washington Avenue, Suite 311, Scranton, PA 18503. 3. Under date of 03/03/2006, Scott A. Macak and Judy F. Macak executed and delivered to MERS, Inc. as nominee for First NLC Financial Services, LLC a mortgage upon the property 707 Brenton Street, Shippensburg, PA (the "Property ")to secure the payment of the sum of $158,950.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 03/16/2006 at Book: 1943 & Page:2584 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 or about September 9, 2012, Scott A. Macak and Judy F. Macak executed a Loan Modification Agreement in which terms of the original mortgage were amended in effort to aid the Defendant in curing their 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 "A L' 5. , An assignment transferring the mortgage originally with MERS, Inc. as nominee for First NLC Financial Services, LLC (Originating Lender) to U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4., was duly recorded on 02/23/2007 at Book: 0734 & Page: 2940 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 6. Scott A. Macak and Judy F. Macak are the real owners of Property 707 Brenton Street, Shippensburg, PA 17257. 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 $675.48 due on January 1, 2013 and on the same day of each month thereafter. 9. The following is due on the loan: PRINCIPAL BALANCE .... ............................... ....................$ DEFERRED PRINCIPAL ...................... ............................... $125,604.63 INTEREST accrued thru 06/25/2013 of ............................... $1,474.69 Interest after 06/25/2013 shall accrue at the per diem rate of $7.20.) LATE CHARGES accrued thru 06/25/2013 of .....................$79.36 Late charges after 06/25/2013 shall accrue at the monthly rate of $19.84.) ESCROW ADVANCES ... ............................... ......................$ FEESBILLED ................ ............................... ........................$ ATTORNEY'S FEE ............................... ............................... $6,532.14 LESS SUSPENSE (If any) ............................. .......................($ TOTAL $ 266,338.64 ................................................... ............................... 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. 10. The United States of America is made a Defendant as a result of the lien(s) recorded by the Internal Revenue Service against the Defendant(s) /Property Owner(s) subject of this action. The liens in question are: i. Internal Revenue Service vs Scott A & Judith F. Mack, April Term 2007. (instrument) 07 -2380 FTL, filed 04/25/2007, $14,778.76. ii. Internal Revenue Service vs Scott A. Macak, April Term 2007. (instrument) 07 -2902 FTL, filed 05/15/2007, $35,204.30. WHEREFORE, Plaintiff, U.S. Bank N.A., 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 $266,338.64 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 & EISENBERG, PC BY: ❑'T K. EISENBERG, ESQUIRE OY FREEDMAN, ESQUIRE • JA QUELINE F. McNALLY, ESQUIRE • LESLIE J. RASE, ESQUIRE • LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE `�!� Attorney for Plaintiff Date: I Scott and Judy F. Macak - 707 Brenton Street, Shippensburg, PA 17257 VERIFICATION 1, the undersigned Theka I Motlow of Ocwen Loan Servicing, LLC ( "Ocwen "), Servicer for U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4., ("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 1 do not believe to be true or which I know to be false. Date: 7 Name. ' Titl6.ontmct Management Coordinator U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4.,by its servicer, Ocwen Loan Servicing LLC. T r. Z E ��wr �'� hii , ta,,, F,4 ^ C'i.. _ Lf }e 'us T i� & 1� b ACADIA SETTLEMENT, LLC U S MR 16 An 1 0 4 341 NORTH SCIENCE PARK RD Si11TE 203E STATE COLLEGE, PA 16803 PH: 814 -712 -1405 FAX: 814272 -1406 oavc Ws Uac For ttemrding Dotal MORTGAGE miN_ 100195910004806002 DEFINMONS Words used in multiple sections of this document ate defined below and other words arc defined in Sectiors 3, 11,13, 18.20 -and V. Certain rules t_egatdipg the -usage of words used in this document are also provided in Section 16.. (A} "Seeurity Tnslrument" mean; this document, which is dated Match 03, 2006 together with all Riders to this documeaL (B) "Borrower" is. SCOTT A MACAK and JUDY F MACAK, HUSBAND AND WIFE Borrower is the mortgagor under this Seenrity Instrument. (C) ems, is Mortgage Elecfroihic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instr umetrL MERS is brganized and .existing under the taws of Delaware; and has an address and telephone numberof P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 579 -MERS. (D) "Lender" is FIRST NLC FINANCIAL SERVICES, LLC Lauder is . a UMITED UABILIT'Y COMPANY organized and existing under the laws of THE STATE OF FLORIDA Lenders address is 700 W: HILLSBORO BLVD,, e - 1 #204, DEERFIELD BEACH, FLORIDA 33444 (E) T tote° means the promissory nom signed by Borrower and dated March 03, 2006 _the Note states that Borrower awes lender One Hundred Fifty► Fight 1houtaand Nine Hundred Fifty and no/100 Dollars (U.S. S 158,950.00 ) plus interest. Borrower has.promised.to pay This debt in regular Periodic Payments and to pay the debt in full net.lswthan April. 01. 2036 (F) "Properly" means the property that is described below under the heading "Transfer of Rights in the Property.. (G) "Loan" mea the debt evidenced by the Note, plus interest, any prepayment charges and fan charges due under the Note, and all surns due under this Security Instrument, phis interest nd nW4SyLVAMA—Stnt;kFsmity— Fnantei D&Frn (7p(:at ldieMarUMFORMiKSrRUMEW FuageA19IAtt U1NOi (Pa6e 14m pegeri Tal),dc+GS1r 90�A4iQrke6irr791 -7111 EXHIBIT BK1943PG2584 (14 'Riders" means all Riders to this Security Instrument that are e=rred by Borrower. The following Riden: are to be executed by Borrower (check box as applicable). ® Adjustable Rata Rider ❑ Condominium Rider 0 Second Home Alder Balloon Rider �] Planned Unit Development Rider ❑ Od='(s) (specifY) ❑ t - 4 Farnily Rider ❑ Biweekly Payment Rider (1) "Applicable Late" means all controlling applicable federal, state and local ,statutrs, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non- appealabiejudieialopinions. (J) "Community Association Dues. Fees, and Assessments" nuns 29 dues, fees, assessments and other d=gcs that are imposed an Borrower -or the. Property by a condominium association, hammwncrs association or similar organization. (I{) "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, compusr, or magnetic rape so as to order, instruct, or autborize a financial Institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transters, automated teller machine transactions, . nsfcrs initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. lM) "Miscellaneous Proceeds" means . any compensation, settlement, award of damages, or proceeds paid by any third per)' (other than insurance proceeds paid . under the coverages described in Section 5) for. G) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pact of the Progeny; (iii) conveyance in lieu of condemnation; or (v) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) - Mortgage Insurance" rnmm 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 Nose: plus ('si) any amounts under Section 3 of this Security Instrument (p) "RESPA" means the .Real Estate Settlement Procedures Act (12 U.S.C. 62601 at soul.) and its implemendrtg teruWorr, Regulation X (24 C.F.R. Part,3500), as they might be arwnded 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 "airements and restrictions that are imposed in regard to a PFdVri512YANTA-- S' mpanFitafily-- FnanteMaeh 'redale Mae. WFt) RMttdSf UMENT Form 303931a1 LinEAT1ANa ■ rtEN9atlP (aatt}•- t>t3is (AoSe2006P.SW ToCd. Gt 131 Ur" �q43 BK ! 943PG2585 •federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor is Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assorted Borrower's obligations under the Note andioc this Sc curity Instrument. TRANSFER OF RIGHTS IN THE PROPERTY Thi Security Instrument secures to Lender. 6) the repayment of the Loan, and all renewals,, extensions and modifications of the Note: and {ti) the performance of Borrowers 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 Lenders successors and assigns) and to the successors and assigns of MERS the following described property Iocated in the Count . (Type ofRccardiog misdiction] of CUMBERLAND (.dome or Ri isd ng liu'xu aol- SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 707 BRI TON STREET SHIPPENSBURG , Pennsylvania 17257 ("Property Address "): rap codel (city] TOGETHER WITH all the improvements now or hereafter erected an the property, . and all easements, appurtenances, and 6xttu es now or hereafter a part of dte property. All rgplacements and additiorts shall also be covered by this Security Instrument. All of the foregoing is refenzed 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 Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Leader and Lender s sneassots and assigns} has the right: to exercise any or all of those interests, including, but not limited to, d= Tight to fb=lose and sell the Property; and to take any action required of Lcndcr including, brit not (invited to, relensing, and canceling this Security Insm ur"t PINN"6VANIA -- F? Sing )emlty— Single LW ORM N F.N S7RUMT Farm 3039M .. [iItEAMNa ■ nffl alltA�WDtt)— ,LEIt6 (Page 3gf16pages) ToOrder eat 140H30439rF]RM615d91•tt q, Y , 4 a � BK f 943PG2586 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mattSago, grant and convey the Property and that Elie Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tick to the Property against 0 claims and demands, subjeetto any encumbrances of record.. THIS SECURrrY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to coast one a uniform securiry instrument capering real proPertYr UN180RM CDV ENAMS. Bomnyu and Lender covenant and agree us follows. L 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 fair charges due. under the Note. Borrower shall also pay funds for Escrow Items purstiant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. earmncy. However, if any check or other instrument received by Lender as payment under the dote or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Nate and this 5ecttrity'Instnument be made in one or molt of the following forms, as seleetcd by [ender (a} cash: {h) money order (ej certified check bank'chak uensuretrs chunk or cashier's check provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instnmcntalirf; or entity: or (d) ElPcmonie Funds Transfer- Payments are deemed received by Lcuder 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 reottn any payment or partial payment if the payment or partial payments are insufficient to bring fie Loan earrent 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 arc accepted. if each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on unapplied fiords. T.ettder.may hold such unapplied funds until Borrower makes payment to bring the Loan curtest If Borrower does not do so within a reasonable period of rime, Leader shall either apply such funds or ream them. to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately poor to fbmcldsure. No offset or claim which Borrower might have now or in the fume: against Lender shall relieve Borrimw Arom making payments due under the Note and this Security Instrument or performing the covenants and agreement secured by this Security Instrument 2. Application or 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 duc. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance Erie Note. If Under receives 'a payment from Borrower for a delinquent. Periodic Payment which includes a sufficient amount to pay any hue charge due, tie payment may beapplied to the delinquent payment and the late charges If matt than one Periodic Payment.is Outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in fall: To extent that any excess exists after the payment is applied to the full paynteat of one or morn PENNSVLVAN1A —StnBk family —Faaak Mge/Freddk Mae UNIFORM IIYMUMENr Farm 3939, W1 GRFATL1ND R REM plfititiA {natt} -1 (Pey'ed aflnpaBerJ Ta ardor tat 1-80 0 F-S" 111 ?)K PG asg_ AK 1543FG2587 Periodic Payments, such excess may be applied to any lace charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of insurance pmceeds..or Miscellaneous Proceeds to principal due under the Note shall riot ex0end or postpone the due date, or change the amount, of the Periodic P2ymr7ns. 3. Funds for &scrow items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is Paid' 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 this Security bnswmeat as a lien l nt ieor encumbrance on the Property: (b) leasehold payments or ground rents on the Property, if arty. (c) p r 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 die payment or 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. Lender may require that Community Association Dues, Fees, and Assessments. if any. be escrowed by Borrower, and such dues, fees and asscssntencs shall be an £scrow.Item. Borrower shall promptly fbrnish to Lender all twtices of amounts to be- paid under this Section. Borrower p shall pay Leader the Funds for Escrow Items uriless Lender waives sBorrower s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Leader Funds for any or ail Escrow Items at any tithe. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender tegoitts, shall ffimish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and m provide receipts shall for an purposes be deemed to be a. covenant and agreement contained in this Seeunry Insomnent. as the phrase "covenant and agreement is used in Section 9.7f 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 atmount Lender may revoke the Waiver as to bury a 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 arc thou required under this Section 3. Leader may, at any ti me, collar and hold Funds in an amount (a) sufficient to permit Lender to apply the Funk at the time ,speed under RESPA,. and (b) .not to exoecd the maximum amount 'a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current darn and reasonable estimates of expenditure of future Escrow Items or otherwise in accordance with Applicable Loa. 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 Loath Batik- Lender shall apply the Funds to pay the Escrow Items no later than the time specked under RESPA Lochner 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 wting ar Applicable Caw requires interest to be paid on the Funds, Lender shall not he required to pay Bonawer any in== or earnings on the Funds. Borrower and.Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrow without charge, se. anneal accounting of the Fronds as Borrow". required by RESPA. if there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower far the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required lay RESPA, and Borrower shall pay to PENNSYLVANIA - Slagle Ruwly —Fenno MndFreddle Mac UNIFORM INSTRUMFM form 3M JAI LarEA,l/Wa s rrexasotstam+FMEas fPa;e.fall6pagrsl faarda Cwt la Oft Bl6ait -nr 9x 1 9t,.3Pf,29-88 Lender the amount necessary w make up the shortage in accordance with RESPA. but in no more than 12 monthly payments - If them- is a iiefciency of. Funds held in escrow, as defined under RESPA, Lender shall notify Bortnwera4 required by RESPA, and Borrower shall pay w Lender tic amount necessary to make up 'the deficiency in accordance with RESPA. but in no more than 12 monthly payments. pp(n payment in fall of all sums secured by this Security instrumem, Lender shall promptly refund w Borrower any Funds held by Lender. and im tions 4, Georges; 'Liens..Borrower shall pay all taxes,. assessments, charges, fines, post atarbumbfe to the Property which can attain priority over dais Security lnstrument, leasehold payments or ground rears on the Property, if any, and Community Association Duos, Fees. and Assessments, if aay. To the extent that these heats are Escrow hems, Borrower shall pay them in the manner provided in Section 3. Borrower shall proropdy 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 manna acceptable to Lender but only so long as Borrower. is performing such agmerneoc, (b) con=m the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lendcr's opinion operate to prevent the enfameemen't of 'the lien while thaw proaxdings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to : Lcnder subordinating the lien in this Secr 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 lice. Within 16 days of the date on which that notice is given. Borrower shall satisfy the lien or talc: one or more or the actions set forth above in this Station 4. Lender may require Borrower to pay a one -time charge for areal estate tax verification and(or reporting service used by lender in connection with this Loan. S. Property Insurantz. Borrower shall Aeep the improvements now existing or hereafter erected on e Property insured against loss' by, fire, hazards included within the term "extended epverngc; and any car other hazards inclnd'mg, but not liraired w; esrthquDies and floods, for which Lender requites insurance. This insurance shall be maintained in the amounts (nduding deductible levels) and for the periods that Lender requites. What Lender requires Pursuant to die preceding sentetsces Carr change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject w Lender's right to disapprove $ot70wel s choice, which right shall not be exercised unreasonably. Lends . may require Borrower to pay, in connection with this Loan, cithen (a) a one -time Charge for (rood zone . dcrminatt certification and cracking services; or (b) a one-time charge for flood zone determination and crrdhwdon services and subser{uent charges each tune remappings or similar changes occur which reasonably might affect such determination or certification_ Borrower shall also'be responsible for the payment of any ices imrglosad by. the Feral Emergency Management Agency in connection with the Teview of any Eland zone determination resulting from an 'objection by Borrower. If Borrower fails to maintain any' of the coverages desrnbed above, Lender may obtain insurance coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 77uem -four, such coverage shall cover Leader, but might or might not protect Sormwer. Borrowers 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 Botmwcr could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of ilofrowerseatred by this Security Iastrunient. These ainounis shall bear interest at the Nom race from the dam of disbwsement and shall be payable, with'such interest, upon notice form Lender to Borrower requesting payment. PENNSYLVANIA- -SWIrk Fumfly -- Formic MadFtj!ddte Mac UNIFORM INSTRUMEWf Fm 3#39IRy GRFATAna f rtEmVWstmr rPet<6nJr6pogec) To0.1m' Pit FiriSsw-m Onm 6tmi -1131 RK 1943.PG2589 All insurance policies required by Lender and renewals of such policies shalt be subject to Lender's right to disapprove such policies, shall include a standard mortgage Clause- and shall name Lender as mortgasec and/or as an additional loss payee. Lender shall.have the right to hold the policies and renewal mcficares. If Leader requires. Borrower shall piompily give to Lender all receipts of paid premiums and renewal notices If Borrower obtains any form of ittsur u= coverage, not otherwise Tc" red by Lender, for damage to, or destruction of. the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. in the event of loss, Borrow cr shall give prompt notice To the insurance carrier and I:ondcr. Lender may maim proof of toss if not made promptly by Borrower. Unless Lendcr and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender; shall be applied to resto ation air repair of the Property. if the restoration or repair is economically feasible and Lender's security is not ]tsscncd. During such repair and restoration period. Leader shall have the right to hold such insurance proceeds until Lender,has had an Opportunity to inspect such P %perty to ensure the work has beco completed to Lender's satisfaction. pro tak provided that such inspection shall be underen 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 Law requites interest to be paid on such insurance proceeds. Lender shall not be requited to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the soic obligation of Borrower. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the suans seared bp' uhis Security Iaustrumcat. whcdrcr or not then .due; with the excess it any paid to rro Bower Such insurnncr proceeds shall be applied in the order provided for in Section 2. If BorroaJerabandons the Property. Lender may 6hc, ne&Odnte and settle any available insurance claim and'related maters If Borrower does not respond within 30 days to a notice from Lendv fiat the insurance currier liar offered to settle a claim lien Lender may regotia'te and settle ncc claim. The 30-day periad will begin when the notice is given. In either event, or if Lender acquires, the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note err this Security InsotmaenL and (b) any other of Borrower s rights (other than the right to any refund of unearned premit paid by Borrower) under all insurance policies covering the Property. insofar as such rights are appiicabk to the coverage of the Property. Lender may use die Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Imrumeot, whether or not then duo 6. Occupancy. Borrower shalt occupy, establish, and use the Property as Borrowe>'s principal residence within 60 clays afar the execution of this Security instrument and shall continue to occupy the Property as Borrowers principal residence for at laeast 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 ate beyond Borrowers control- 7. Preset vation, 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 BarTower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to is condition. Un less it is dctcrmincd pursuant to Section 5. that repair or sestoration'is not economically frisiblc, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If. insurance or condemnation proceeds am 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 pauposes. Lender may disburse proceeds for the repairs and restoration is a single payment or in a series of progr payments as the work is PENNSYLVANIA— TW&p=ay-- Fame teMadFraddk Mae UMFORM1lYMUMENT Fnrm30391/01 GAGAnAHa i rtEM 99a_r dot+)• - a�FAS lfte7afj6pogul Ta ado ektbew -s.o OFacers-iv -lass SK t 943PG2590 completed. If the insurance or condemnation ,proceeds ate not sufficient m repair or restore the Property, Borrower is no t reheved of Boerona's obligation for the completion of such repair or restoration. Lender or its agent may make two entries ttpan and Inspections of the. Property. If it has trnsonabie cansq Leader may inspect the interior of the improvements on die Property. Lender . shall give Borrower notice a th t e time. cif or prior tosuch an interior inspection specifying such reasonable cause. S. Harrowers Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or .arty persons err' entities 'acting at "the direction of Borrower or with Borrower s knowledge or consent gave materially false, misleading, or inaccunlm information or statements to Leader (or failed m Lender with material information) in connection wiih the Loan. Material representations include, but ate not limited to, representations condeming' Borrower's Occu pancy of the Property as Borrower's principal residence. 9. Protection or Len'der's interest in the Property and [tights Under this Security 'Instrument. If (a) Harrower fails to perfnrm the covenants and agreements contained in this Security insuumcnt. (b) there is a legal proceeding that might significantly afftxt Lenders interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probam, for condemnation or forfeiture, for cnforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations ) , or. (c) Borrower - has abandoned the Property, them Lender may do and pay for whatever is reasonable w appropriate m protect Lendcrs interest. in the Property and rights' under this Security Instnrmenc,'induding 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 surns secured by a lien which has priority over this Security Instrrnncrr. (b) appearing in co-M and (c) paying teasatcble atrarneys' lets to protect its iarerest in the Property and/& rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing die Property includes, but is not limited m, entering the Property to malce tepairs,'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 acid is not.under any duty or obligation to do so. It is agreed that Lender incurs no liability for not talting any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security insuumcni. These amounts shall bear intctest at fic Note ram from the dutc of disbursement and shall tic. 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 acquiires.fee tide 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 malting the Loan. Borrower shall pay the premiums required to maintain. the Mortgage Insurance in effect if, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance.. Sotrower.shall pay the prmmums required to obtain coverage substantinlly equivalent to the Mortgage Insurance previously in effete, at a cost substantially equivalent to the cost in Borrower of the Mortgage Insurance 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 doe when the insurance coverage ceased to be in effect Lender will accepr, use and retain these payments as a non - refundable toss reserve in lieu of Mortgage Insumoce. Such loss resern shall be non- refundable, POMYLVAIM— Single Family— Fannie MaeWreddle Mae UNIFORM 1NS'rROMQqr• From 70091!01 an6AttArin ■ rrviaria.atoan} —remits (Page agflGpoges) rgt►acalt- wo-s3(�Msr0Poceu-M.irr i�K 19�1� � ate► AK 1943PG259 I notwithstanding the fact that the Loan is ultimately paid in full:, a nd Lender shall not be required to pay Borrower any interest or earnings, onsuch 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 Leader 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. ran- refundable reserve, loss rese, until Lenders requitement for Mortgage Insurance ends in accordance witti 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 Borrowers obligation to pay interest at [he 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 insutes evaluate their total risk . on all such insurance in force from time to time, and may enter into agreements with other parties that shave or modify their_ risk. or reduce losses. These agreements are an arms and conditions that are satis6ctory to the mortgage insurer and the other party (or panics) to these agreemenm These agrewwrus may requ th mortgage insurer to maim payments using any source of funds that .the mortgage insurer may have available (which mayinclude funds obtained from Mortgage Insurance premiums). As a resoltnf diese.agrecments, Lender, any purchaser of the Notc, another insurer, any rcinsurcr, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or aright be characterizcd as) a portion of Borrower's payments for Mo rtgag e Insurance, in ritchange for sharing or modifying the mortgage insurers risk; or reducing If such agreement provides than an affiliate of Leader takes a share of the instircr's dsk in exchange. for a share of the premiums paid to the insurer, the arrangement is,oficn termed "captive rcinsuntacc." Further. (s) Any such agreements' will riot affect the amounts that Borrower h= . agreed to pay for Mortgage Insurance, or any other (erns of the Loan. Such agreements will not ems ease the amount Borrower will owe for Mortgage Inse anti, they ~will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower Wm-4 any —mvith respect to the Mortgage Insurance under. the Homeowners Protection Act o11998 or any other law. These rights may include the right to ieeelve certain disclasures, 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. Assigoatent of Miscellaneous Proceeds; Forfelture. 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 cdoubmically feasible and Leader's security is not lessened. During such repair and,restotntion period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to eamm the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Larder 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 re quires interest to be paid on such Miscellaneous proceeds, Leader shall not be required w pay Borrower any interestar 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 stems secured by this Security Instrument, whether or not then fire, with the pENNMVANIA –Sias). FLejty —Faauk MaelFred ge Mae tMIFORM INSMUMEW Form 30391/111 rrkrA ZFG29 ta011t –YEAS {POSe 9 of 16pag[sl Te 81A.Ca HWiM -MO � TH -11311 �K - 1943 P6 a.s� Bi(19.43PG259.2 excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in. Section 2 In .the event of a total taking, destruction, or loss in value of the Property. the,Miscellancous 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. I the event of a partial tatting,_ destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partW taking, destnrction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instri rmot itmrtediately before the partial taking, destrucdon; arlass in value, unless Borrower and Lcnder otherwise agrec in writing, the sums secured by this Security Instrument shall be.reduced by the amount of the Misceltaoeurrs Proceeds multiplied. by the following fraction; (a) the total amount of the sums secured immediately before die partial taking, destruction, or loss in value, divided by (b)• the fair market value of the Property immediately before the partial tarring, 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 toss in value is lem,than the amount of. the sums secured imitiediately before the partial taking, destruction, or toss in value, unless Borrower and fender oilienvise agree in, writing. the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether ornot the sums ate then titre. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined'in the next sentence) offers to make an award to settle it claim for damages, Borrower fails to respond m Lender within 30 days aftrs the date the notice is givep, Leader is authorized m collect and apply the iiscelluneons Proceeds either to restoration or repair of the Property or to the sums secured by this Security Insmuaetut,'whether or not then doe. "Opposing Party' means the third party that awes Borrower Ivliscellaneoas 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 Larders interest in the Property or tighet under this Security Instrument. Borrower can cote such a default and, if aecelemdon has occurred, reinstate as provided in Section 19, by causing the action or procceding to be dismissed with a ruling that, in Lender's judgment; precludes forfeiture of the Property or otter material impairment o€ Leaders interest. in due Property or rights under this Security Instrument. The proceeds of any award or claim for damages that am anribumble to the impairment of Lender's interest in the Property are hcreby assigned and shall be paid. td Lender. AU MlsaeU=eous Proceeds that are not applied, m restoration W repair of the Property shall be applied in'the order pmvided for in Section 2 11 Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this 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 Success= in Interest of Borrower, Lender shall m be required m commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including,, without limitation, Lender's acceptance of payments from third persons, entities or Successors,in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exorcise of any right or remedy. CENNSYLVAMA- Sin — FannieModFreddieWeUMFORMINSTRUMErr Fam3091At rtFMAI AND f rrernaeoUOt???,} -nuns (PaBe�aoll6'Pagvl Tnodmae etbrm•nrr 9X f 443 M2593 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Burrower covenants and agrees that Borrowers obligations and liability shall be joint and several. However, any Borrower who co signs tfiis.Sectirity Instrument but dots not execute the Note (s "co-signer"): (a) is co- signing this Security Instrument only to morigage, grantand convey the co-signer's interest in the Property under the terms of this Securi ty Instumment; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear of make any accommodations with regard to the terms of this Security Insirument or the Note without the co consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations Bader this ' Security Instrument in writing,' and is approved by Lander, shall obtain all of Barrower's rights and benefits under this Security InstrumenL Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agrccmens um of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowees default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and fees. In regard to soy other fees, the absence of express authority in this Security Inst urngat to charge a specific, fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may non charge fees that are expressly probibited 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 sums already collected from Borrower which exceeded Fermitted limits will be refunded to Borrower, Lender may choose to make this. refund by reducing the principal owed under the Note or by making 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 providcd fen under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will eonstitme a waiver Of any right of action Borrower might have arisingbutof such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrmver in conmection with this Security Instrument. shall be deemed to have been given to Borrower when mailed by Fast class mail or when' actually'delivercd to Barrower s notice means address if sent by . 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 'nd6ce to Lender. Borrower shall promptly notify Lender of Borrowers change of address. If Lender specifics a procedure fur reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. Thtue 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 fast class mail to Lender's address stated herein unless. Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law;. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Hales of Constrnction. This Security Instrument sha1I_ be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of PENNSYLVANIA — Ingle Faintly Faovre MadFreddle Mac UNIFORM INS MUNTEN'r Farm 3039 U01 rrEm2nx:ch rare (Paso IIplt6pner) raoduertt4WImsrmar=11"�s �x icy � P� a sh 8}f 1.943PG259-4 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 a prohibition against agreement by contract In the event that any provision. or clause of this Security instrument or the Note conflicts with Applicable rev, 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 Inst umenC (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shalt mean and include the plural and vice versa; and (c) the word '}tray" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be givpri, one copy of the Note and of this Security Instrument is. Transfer of the Property or a Benersdal.fnterest in Borrower. As used in this Section )8, "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 decd; 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 Borrower is trot a natural person and a beneficial interest in Borrower is sold or transferrers) without Lenders prior writien consent, Lender may require immediate payment in .full of all sums secured by this Security In_strutnent However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable,Uw. 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 trust pay all sums secured by this Security Instrument. If Borrower fait's to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security lastrameat without furdter notice or demand on Borrower. 19. Borrower's. Right to Reinstate After Acceleration. If Borrower meets certain contlitions, Borroweer . shall have the right to have crtr0mcamt of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant -to any power of sale comained in this Security Instrumeag (b) other er period as Applicable Law might specify for the termination of Borrower's tight m. reinstate; or (c) entry of a judgment enforcing this Security Insrument, Those condttions are that Borrower. (aypays Lender all sums which then would be Mite under this Security Instrumrnt and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incur ed in enforcing this Security Insswment, including, but not limited in. reasonable aaomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Loner's interest in the Property and rights under this Searity lastromco; and (d) takes such action as Lender may reasonably require to atsitre that Lender's interest in the property and rights under this Security Instrumem and Borrower's obiigadon to pay the sums secured by this Security Instrument, shall continue unchanged., Lender may require that Borrower pa}r such reinstatement 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 rut institution whose. deposits .acs inserted by a. federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatemdnt by Borrower, this Security Insmuneat.and obligations secured hereby shall remain fully effective as if no acceleration had occorrrxf. However, this right to'reinstnte shall not apply in doe case of acceler lion under Section 18. 20. Sale of Acute; Change of Loan Servlcer . Notice of Gtievatim.7be Noie or a partial inm=t in the Note (together with this Security Instrument) cats be sold one or more times without prior notice to Borrower. A sale might result in a change is the. entity (lain*n as the "Loan Setviccr") that collects Periodic Payments due under the Note and this Security Instrument, and performs other mortgage loan servicing PENNSYLVANIA-- SingkFxmily— Fannie MatJFrcddle Mae UNIFORM INSMUMlNr • Fenn 3M9 i161 OSEAMND ■ rrEM VeRez( ant i}—Mms (Pnge.lZ aj %6yfl�es) Ta ardor iffi I-0OOfi1a�9]f]he616.791.e1�e B194 3:PG 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 Natc If there is a change of the Loan Servicer. Borrower will be given written notice of the change which will state the name and address of the hew Loan Service, die address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. It' 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 Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and "ate not assumed by the Norte purchaser witless otherwise provided by the Note purchaser. Neither Borrower (tor 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 Borivwcr or Lender has notified the other parry (with such notice given in compliance with the mgyire means of Section 15) of such alleged breach and afforded the other party hereto a reasonable pciiod after the giving of such notice to talc 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 purpose 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,Scction 18 shall be deemed to satisfy die notice and opportunity to talc corrective action provisions of this Section 20. 2L Hazardous Substances. As used in this Section 21: (a) "Hazardous Substance' arc those substances defined as taude hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline kerosr:ne. other flamnnble or tokic 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 die jurisdiction where the Property is located that relate to healt safety or environmental nl protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Lacy; and (c) an "'Enviroerricntal Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cruse or permit the presence, use, disposal. storage, or release of any Hazardous Substances, or threaten m release.any Hazardous Substances, on or in the Property, Borrower shall not do, not allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which create an Environmental Condition, or (c). which, due to the pmscnce, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences Ad] 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 arses and to maintenance of die Property (including, but not limited to, hazardous substances in consurder products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental ental are' 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, lealcing, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the preseiuec, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private parry' , that any removal or other tcmediadon of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law: Nothing herein shall create any obligation on Lender for an FAvirorimimral Cleanup. VENM YLVAMA —Magic Fhn ify— FawdeMA&Freddk Mae UMIFORM 1NSft3t1M$Pr17 Farm 30M IMI etnEAILmo is fi6d vdotfs (aaoiT -KHts {Anse l3 of 16 yasul is ttrtc Cet- uOhcbt6a /i -Iqt 1� 04 gK I gh3PG2595 NON- UNIFORM COVENANTS. Borrower and Lender fvrrher covenant and agree as follows: 22. Acceleration; Remedies. Lender shall gave notice to Borrower prior to acceleration following Borrower's breach or any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things (a) the default; (b) the action required to cure the default, (e) when the default mast be cared; and (d) that failure to care the default as specified may result in acceleration, or the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further Inform Borrower or the right to reinstate after acceleration and the right to assert is the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure If the default is not cured as specified, Lender at its op4co may,require immediate payment In fall of all stuns sectored by ibis Security Instrument without farther demand .and may foreclose this Security Instrumenl by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but nutl'united to, attorneys' fees and costs of title evidence to theextenl permitted by Applicable Law. 23, Release. Upon payment of'all.sum' secured by this, Security instrument, this Security Instrument and the estate conveyed shall tcrininata and lucome'void. After such occurrence, Lender shall discharge and satisfy tttis Security Insmrment. Borrower shall, pay any recordation costs Lender may charge Borrower a fee for releasing this Security Instrurtxnt. but only if the fee is paid to a third party for services rendered and the chnrgingof the fee is permitted under Applicable Law. 24. VOnivers Borrower, to. the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay 9f ex= extension of time, exemption from attachmerit, kvy.and'sale, and homestead exemption: 25. Reinstatement Period. Bcrmwaf s time' to reinstate provided in Secdon 19 shall extend to one hour prior .to the commencetoent of bidding at n sheriff's sale or other sale pursuant to this Security Instrument. 26. Parthase Money Mortgage. If any of the debt secured by this Security Instrument is kni to Botsower to acquire tide to the Property, this Security Instrument shall.he. ; 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. PFAVOYLVANU1 -- Sing krmmny- funnieblsdFreddieMaetMFORMtNSM MPNr raroi3tl]9.t/Ilt oaeAT AND IN rrEtive:otratootr } peia fPngelJofMpogul rca�eraitreo6sla�snr alerut -rui i� 1q 3 PG 6K 1 g.4.3P62597 By SIGN WC, g1=inW, Borrower aeceprs and agrm to the terms and covenants contained in pages I though 15 of this Security Instrument and in any Rider executed by Borrower Mid Tec;x with it (Seal) (Seal) SICO A MACAK -Soren f1 JUDY F ACAK 8arrower (Seal) (Scat) - BaRVwcr - Horramr (Sean (Seal) - Sonawer - Bocmwer j Witness: Witness: PENNSYLYAWI A—Single Fhmffy-- FaankbbdFrcddlebf= UNIFORM USTRUKFAT1' Fwm3939L01 aAEARANn! REM99tt3taa11} –MEAa (Page 15 of 16 pag"j T.Qdr Cat 4 -MGM& OAM AMROIAM �K i9�i P� as9� BK 1943PG2598 State of Pennsylvania County of CUMBERLAND On this the Std day of March.2006 , before me, the undersigned officer, personally appeared SCOTT. A MACAK, JUDY F MACAK known to true for satisfactorily proved) to be the person(s) whose name($) subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat_ cf3AaNON iJ10FP SLV,kMA x6t.>t,q sw Nod A.vwv,Nvemyftbik Mi S daetm Ce Twp. Caabeefand Co wy My T.ac ar Direr Ca -abOm Espbw A00 21, 2M My commissiort expires After Recording Return To: FIRST NLC FINANCIAL SERVICES, LLC 700 W. HILLSBORO BLVD. 64 #R204 DEERFIELD.BEACK FLORIDA 33441 CER'T'IFICATE OF RESIDENCE I, Scott Taylor do hereby certify that the correct address of the within named tender is 700 W. HILLSBORO BLVD. B -1 #1:204, DEERFIELD BEACH, FLORIDA 33441 Witness my hand this 3rd day of March 2006 Agent efltadcr PENNSYLVANIA-- Single FmW1y— FnaateWsdFtedde MacE941FORMINS=UMVa Farm309W1 onEAIULNO a rnrkx 0eatB Mot f) -VMS (Page 16aj16pog") Toatlrpr :l- d[IO.3mAi93DAC¢t &7at -r/71 k 1Rg3 Pb ark BK 1943FG2599 ADJUSTABLE RATE RIDER (LIBOR Six -MoMb Inde ( Pub lish e d In 71is Wau Srreer lournal) —Rate Cups) THIS ADJUSTABLE RATE RIDER is made this 3rd day of March 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust. or Security Deed (the "Security Instrument") of the same date given by the undersigned ( to secure Borrower's Adjustable Rate 'Note (the "Note') to FIRST NLC FINANCIAL SERVICES, LLC ( "Lender) of the. same date and covering the property described in the Security Instrument and located ac 707 BRENTON STREET SHIPPENSBURG, PA 17257 JRDPCny Addmss) THE NOTE CONTAINS .PROV1%0NS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMFI'S THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MA)MIIUM RA'Z'E BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covcaants and agreemcros made in the Security Instrument, Borrower and Lcnder funher covenant and agree as follows. A. INTEREST RATE ARID MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.8900%. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest tare 'I will pay may change on the first day of April 2008 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a .. ChB Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Indck ".is the average of interbank offered rates for six month U.S. dollar - denominated deposits in the London MM ( "LIBOR"), as published in "77re Wall Sueel Journal. The most recent Index figure available as of the rust business day of the month immediately preceding the month in which the Change Date occurs is called the. "Current Index: ' MULTtS[AT6 ADJUSTABLE RATE RIDER —LIBOR SIX -MONM INDLX (AS PUBLIStM W 7NE WALL S7Rfk7 JOURNAL),Single pnmily (Page 1 'gr3 pager) 3029601405 rtacram3nt toaszoost �t�195a1DOD1806a92: K I44Z, PC' Dt0 8�19�3PGZfi0(3 .... 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 Rote Holder will calculate my new interest rate by adding Seven and One Half Percentage points { 7,50 00%) to the Current Index. Subject to the limits stated in Section 4(D) Below, this amount will be my new interest rate until the next grange 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 rbe'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 raw I am required to pay ai the first Change Date will not be greater than 12.8900 %x or less than 9.8900%x: Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and One Half percentage points ( 1.500096) from the rate of interest . 1 have been paying for the preceding six months. My interest rate will never be greater than 16.8900% or less than 9.8900%x. (F) Effective Date of Changes My new interest rate will become effective an each Change Date. I will pay the amount of my new momhly payment beginning en the firspmonthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of. any changes in my interest rate and.dw amount of my monthly payment before the eff cdve date of any change. The notice will include information required by law to be given me to and also the title and telephone number of a person who will answer any question I may have regardiag the under- B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant IS of the Security Instrument is amended to read as fellows: Transfer of the Property or a Henellcial Interest In Borrower. As used in this Section I8, °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 par of the Property or any Interest in the Prapetty 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 wrinen consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is probiblted by Applicable Law. Lender also shalt not exercise this option if (Page 2 of 3 frxgerl 1Q0195910n01808da2 F?XC AIM 330TU tnrosmM P11:9431'62 01 (a) Borrower causes to be submitied to Lender information required by Lender to evalu2m the — intended transferee as if a new loan were being made to cite transferees and (b) Lendcr reasonably determines that Lcndees security will not be impaired by the loan assumption and that the risk of a breach of any covenantor agreement in this Security Instrument is acceptable to Lender. To the extant permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumpdon: Lender also may inquire 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 pnymmt in full, Lender shall give Borrower notice of areelenmdon. 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 m pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without f uthernotice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained pages 1 through 3 of this Adjustable Rate Rider - {Seal) 7 r�1v� 1 (Seal? 110 �AMA Boemwa JUDY F MACAK - Bmsowcr (Seal) (Sang . - 8otmwrr .. - Bo+mwsi (Seal) (Seal) 8=r3wer -Bmrowc fPoge 3 oft M—) 100195810001806002 MM.Ferm].=S fe4agaos) �K 1R43 P� �60z $�19G�3�G2ba2 a y IDUMBIT -Ale LRGaL DSSCRIPTICW -- - -- ALL that certain panrcal of land and improv uts thereon situates in the Borough of $tsippensbnrg, County of Cunberland and Cammonxe&1th of Pennsylvania, and designated as Parcel No. 32 - - 1871 - 012 and more fully described in a Deed daated December 27, 2042 and recorded December 30, 2002 in Cumberland County in Deed Book Volume 255 at Page 761, granted and conveyed unto Scott A. Macak anti Judith V. Macak, husband and wife. e re cot cat ,,ounty PA f . R �vrui �r of Deeds OK 11343P62603 5455027 _BD_ PRA Investor Loan # After Recording Return To: This document was prepared by [Space Above This Line For Recording Data] HOME AFFORDABLE.MODIFICATION AGREEMENT (Step Two of Two -Step Documentation Process) Borrower(s) ( "I "): Scott A Macak Judy F Macak Servicer ( "Services" ): Ocwen Loan Servicing, LLC Date of first lien Security Instrument ( "Mortgage ") and Note ( "Note "):3 /3/2006 Loan Number: 5455027 Property Address:707 Brenton Street Shippensburg, PA 17257 ( "Property") [and Legal Description if recordation is necessary] If my representations in Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ( "Agreement ") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return two copies of this Agreement to the Servicer, the Servicer will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. I . My Representations. I certify, represent to Servicer and agree: A. 'I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership.of the Property since I signed the Loan Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Home Affordable Modification program ( "Program "); E. Under penalty of perjury, all documents and information I have provided to Servicer in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Servicer requires me to obtain credit counseling in connection with the Program, I will do so; Page 1 of 8 OLS Form (rev. 5111) 434040 Es XHIBIT WV # 18.52 _ A I 5455027 -BD- PRA G I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan; and H. In cases where I received a discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, Servicer agrees, based on this representation, that I will not have personal liability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Agreement; B. If prior to the Modification Effective Date as set forth in Section 3 the Servicer determines that my representations in Section 1 are no longer true and cornett, the Loan Documents will not be modified and this Agreement will terminate. In this event, the Servicer will have all of the rights and remedies provided by the Loan Documents; and C. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Servicer a copy of this Agreement signed by the Servicer, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Servicer will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on 11/1/2012 (the "Modification Effective Date ") and all unpaid late charges that remain unpaid will be waived. The Loan Documents will be modified and the first modified payment will be due on 11/1/2012. A. The new Maturity Date will be: 4/1/2036, at which time a final balloon payment in an amount equal to all remaining amounts owed under the Loan Documents will be due. B. The modified Principal balance of my Note will include all amounts and arrearages that will be past due (excluding unpaid late charges) less any amounts paid to the Servicer but not previously credited to my Loan. The new Principal balance of my Note will be $256,604.63 (the "New Principal Balance "). C. $125,604.63 of the New Principal Balance shall be deferred (the "Deferred Principal Balance") and will be treated as a non - interest bearing principal forbearance. I will not pay interest or make monthly payments on the Deferred Principal Balance. In addition, $104,604.63 of the Deferred Principal Balance is eligible for forgiveness (the "Deferred Principal Reduction Amount"). Provided I am not in default on my new payments such that the equivalent of three full monthly payments are due and unpaid on the last day of any month, on each of the first, second and third anniversaries of 8/1/2012, the Servicer shall reduce the Deferred Principal Balance of my Note in installments equal to one -third of the Deferred Principal Reduction Amount. Application of the Deferred Principal Reduction Amount will not result in a new payment schedule. The New Principal Balance less the Deferred Principal Balance shall be referred to as the "Interest Bearing Principal Balance" and this amount is $131,000.00. Interest at the rate of 2.000% will begin to accrue on the Interest Bearing Principal Balance as of 11/1/2012 and the first new monthly payment on the Interest Bearing Principal Balance will be due on 11/1/2012. My payment schedule for the modified Loan is as follows: Years Interest Rate Interest Rate Monthly Principal and Estimated Monthly Total Monthly Payment Begins Numberof Change Date Interest Payment Escrow Payment Payment On Monthly Payments Amount Amount 1 -Loans 2.000% 11/1/2012 $396.70 $278.78, adjusts $675.48, adjusts 11/1/2012 282 Maturity annually after year 1 annually after year l - #VALUE! Adjusts Annually Adjusts Annually *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. Page 2 of 8 OLS Form (rev. 5111) 434040 NMLS # 1852 Loan Number 5455027 -BD- PRA The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable or step interest rate. I further understand that, provided I am not in default under the terms of this Agreement and I pay my Note in full (i) any time more than 30 calendar days after the Modification Effective Date, and (ii) prior to the application of the entire Deferred Principal Reduction Amount, I shall be fully vested in and entitled to the unapplied amount of the Deferred Principal Reduction Amount and the unapplied amount shall be deducted from my payoff balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. F. I agree to pay in full the Deferred Principal Balance less any Deferred Principal Reduction- Amount to which I am entitled, and any other amounts still owed under the Loan Documents by the earliest of (i) the date I sell or transfer an interest in the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date. G If I make a partial prepayment of Principal, the Servicer may apply that partial prepayment first to any Deferred Principal Balance before applying such partial prepayment to other amounts due. 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 a borrower or co- borrower is deceased or the Servicer has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or Workout Plan that I previously entered into with Servicer. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D. Funds for Escrow Items. I will pay to Servicer on the day payments are due under the Loan Documents 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 Loan Documents; (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 Loan Documents; and (e) any community association dues, fees, and assessments that Servicer requires to be escrowed. These items are called "Escrow Items." I shall promptly furnish to Servicer all notices of amounts to be paid under this Section 4.D. I 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, I 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 inquires, shall famish to Servicer receipts evidencing such payment within such time period as Servicer may require. My obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase "covenant and agreement' is used in the Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Servicer may exercise its rights under the Loan Documents and this Agreement and pay such amount and I 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 Loan Documents, and, upon such revocation, I shall pay to Servicer all Funds, and in such amounts, that are then required under this Section 4.D. 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 can 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 me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Servicer pays me 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 me any interest or earnings on the Funds. Servicer and I can agree in writing, however, that interest shall be paid on the Funds. Servicer shall provide me, without charge, an annual accounting of the Funds as required by RESPA. Page 3 of 8 OLS Form (rev. 5111) 434040 NAILS # 1852 Loan Number 5455027 -BD- PRA If there is a surplus of Funds held in escrow, as defined under RESPA, Servicer shall account to me for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Servicer shall notify me as required by RESPA, and I shall pay to Servicer 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, Servicer shall notify me as required by RESPA, and I shall pay to Servicer 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 the Loan Documents, Servicer shall promptly refund to me any Funds held by Servicer. E. 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. F. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. G. 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. H. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Servicer's prior written consent, Servicer may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Servicer shall not exercise this option if federal law prohibits the exercise of such option as of the date of such sale or transfer. If Servicer exercises this option, Servicer shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Servicer may invoke any remedies permitted by .the Mortgage without further notice or demand on me. 1. That, as of the Modification Effective Date, a buyer or transferee of the Property will not be permitted, under any circumstance, to assume the Loan. This Agreement may not, under any circumstances, be assigned to, or assumed by, a buyer of the Property. J. If under the Servicer's procedures a title endorsement or subordination agreements are required to ensure that .the modified mortgage Loan retains its fast lien position and is fully enforceable, I understand and agree that the Servicer will not be obligated or bound to make any modification of the Loan Documents or to execute the Modification Agreement if the Servicer has not received an acceptable title endorsement and/or subordination agreements from other lien holders, as Servicer determines necessary. K. That, as of the Modification Effective Date, any provision in the Note, as amended, for the assessment of a penalty for full or partial prepayment of the Note is null and void L. Corrections and Omissions. You agree to execute such other and further documents as may be reasonably necessary to consummate the transactions contemplated herein or to perfect the liens and security interests intended to secure the payment of the loan evidenced by the Note. If an error in the terms hereof is detected after execution of this Agreement, you understand that a corrected Agreement will be provided to you and this Agreement will be void upon notice of such error. Should you elect not to sign any such corrected Agreement, your loan will revert to the terms of your original Loan Documents. M. Mortgage Electronic Registration Systems, Inc. "MERS" is a separate corporation existing under the laws of Delaware and has an address and telephone number of P.O. Box 2026 Flint, MI 48501 -2026, (888) 679 -MERS. In cases where the Loan has been registered (solely as nominee for lender and lender's successors and assigns) with MERS and MERS is named as mortgagee in the Loan Documents, MERS, if necessary to comply with law or custom, 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 any action required of Servicer including, but not limited to, releasing and canceling the mortgage loan. Page 4 of 8 OLS Form (rev. 5111) 434040 NMLS # 1852 Loan Number 5455027 -BD- PRA ❑ ff this box is checked, Borrower(s) signature must be notarized. In Witness Whereof, the Servicer and I hav executed this A e� Sign Here 4 Date Cott A acak State of Pennsylvania ) County of ) On before me, pers onally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Pennsylvania that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Print Name: Commission expiration date Personally Known OR Produced Identification Type of Identification Produced Sign Here 4 � �. / 4L � r � Date Judy F M State of Pennsylvania ) County of ) On before me, p ersonally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Pennsylvania that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Print Name: Commission expiration date / Personally Known OR Produced Identification Type of Identification Produced Page 5 of 8 OLS Form (rev. 5/11) 434040 NMLS # 1852 Loan Number 5455027 -BD- PRA *Ali individuals on the tide (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 tide holders exist, please leave page 6 blank and return it with the rest of the agreement. In Witness Whereof, the Servicer and I have executed this gxement Sign Here 4 // Date State of Pennsylvania ) County of ) On before me, p ersonally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Pennsylvania that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (Seal) Print Name: Commission expiration date Personally Known OR Produced Identification Type of Identification Produced Sign Here ! / Le ate State of Pennsylvania ) County of ) On before me, pe rsonally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Pennsylvania that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (Seal) Print Name: Commission expiration date Personally Known OR Produced Identification Type of Identification Produced Servicer g Coordlnetor Contract Mana9eme Date If applicable: Mortgage Electronic Registration Systems, Inc. — Nominee for Servicer Page 6 of 8 OLS Form (rev. 5111) 434040 NMLS # 1852 5455027 PRA -BD- BALLOON PAYMENT DISCLOSURE Borrower(s) c n: Scott A Macak Judy F Macak Servicer ( "Servicer'): Date of first lien Security Instrument ("Mortgage") and Note ("Note"): Loan Number. 5455027 Property Address: 707 Brenton Street Shippensburg, PA 17257 THIS BALLOON PAYMENT DISCLOSURE is made this 16 day of August, 2012, and is incorporated into and shall be deemed.to supplement the Loan Modification Agreement (the "Agreement") of the same date given by the undersigned Borrower(s). The Agreement contains a balloon payment provision representing the amount of the Deferred Principal Balance under the Agreement. The Agreement also contains a principal reduction feature that may reduce the Deferred Principal Balance in three equal installments of $34,868.21 in accordance with Section 3(C) of the Agreement, provided that the Borrower remains eligible for principal reduction for the time period specified in Section 3(C) of the Agreement. A balloon payment is a scheduled lump sum usually due at the end of the mortgage loan term that is significantly larger than the other regularly scheduled periodic payments. 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. The amount of the balloon payment may vary depending on my payment history and adherence to Section 3(C) of the Agreement. If my loan is an adjustable rate mortgage, the amount of the balloon payment also may vary based on any interest rate changes that occur during the life of the loan. If the Borrower remains eligible for the time period specified in the following table, the Deferred Principal Balance will be adjusted to the amounts reflected in the table. Duration of Eligibility Deferred Principal Balance due on Maturi 11/1/2012 up to 8/1/2013 $192,459.66 - NO ADJUSTMENT 8/1/2013 up to 8/1/2014 $157,591.45 8/1/2014 up to 8/1/2015 $122,723.24 8/1/2015 up to 4/1/2036 $87,855.03 THIS CONTRACT IS NOT PAYABLE IN INSTALLMENTS OF EQUAL AMOUNTS: AN INSTALLMENT OF UP TO $192,459.66 WILL BE DUE AND PAYABLE IN FULL ON 4/1/2036, PROVIDED THAT ALL PAYMENTS ARE MADE IN ACCORDANCE WITH THE LOAN TERMS AND THE INTEREST RATE DOES NOT CHANGE FOR TIM ENTIRE LOAN TERM. DEPENDING ON THE BORROWER'S ELIGIBILITY UNDER SECTION 3(C), THIS AMOUNT MAY DECREASE. The balloon payment on the loan modification I have applied for is due 282 months from the effective date of the modification. Notice required by North Dakota law. CAUTION TO BORROWER: IF YOU DO NOT HAVE THE FUNDS TO PAY THE BALLOON PAYMENT WHEN DUE, IT MAY BE NECESSARY FOR YOU TO OBTAIN A NEW LOAN AGAINST YOUR PROPERTY FOR THIS PURPOSE AND YOU MAY BE REQUIRED TO AGAIN PAY COMMISSION AND EXPENSES FOR ARRANGING THE LOAN. KEEP THIS IN MIND IN DECIDING UPON THE AMOUNT AND TERMS OF THE LOAN MODIFICATION THAT YOU OBTAIN AT THIS TOM. Page 7 of 8 OLS Form (rev. 5111) 434040 NMLS # 1852 5455027 PRA -BD- If I cannot pay the balloon payment when due, I may have to obtain a new loan to make the balloon payment or I may lose my property through foreclosure. Before deciding to take this loan, I will consider my ability to pay the balloon payment when it comes due. 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. NEITHER OCWEN LOAN SERVICING, LLC NOR ANY LENDER TO WHICH THIS LOAN IS TRANSFERRED IS UNDER ANY OBLIGATION TO FINANCE THE AMOUNT OF THE BALLOON PAYMENT. THEREFORE, I MAY BE REQUIRED TO REPAY THE LOAN OUT OF ASSETS I OWN OR I MAY HAVE TO FIND ANOTHER LENDER TO REFINANCE THE LOAN. ASSUMING THE OWNER OF MY LOAN OR ANOTHER LENDER REFINANCES THIS LOAN AT MATURITY, I WILL PROBABLY BE CHARGED INTEREST AT MARKET RATES PREVAILING AT THAT TIME AND SUCH RATES MAY BE HIGHER THAN THE INTEREST RATE PAID ON THIS LOAN. I MAY ALSO HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW MORTGAGE LOAN. Uwe have read the above disclosure and acknowledge receiving a copy by signing below. *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. ,., Borrower Date Bon-ower . Date Page 8 of 8 OLS Form (rev. 5111) 434040 AWLS # 1852 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 8, 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 - OIL' `- -= - -- . -- - 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 E MEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Scott A. Macak PROPERTY ADDRESS: 707 Brenton Street, Shippensburg, PA 17257. MAILING ADDRESS: 707 Brenton St, Shippensburg, PA 17257 -2115 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MERS, Inc. as nominee for First NLC Financial Services, LLC. CURRENT LENDER/SERVICER: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4, by its attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * 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 EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION =- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 707 Brenton Street, Shippensburg, 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 January 1, 2013 through and including May 8, 2013 as follows: Payments of $675.48 due on 01/01/2013 through and including 05/01/2013, inthe amount of ................ ............................... ......................$3,377.40 Other charges (explain/itemize): Latecharges: .......................................................................... $79.36 Feesbilled ....................... ............................... ........................$658.50 Other charges ( explain) ..................... ......................... . . . . .. ......$0.00 Lesssuspense ....................... ............ ..... ............ .. ...................($99.52) TOTAL AMOUNT PAST DUE: .................................................... $4,015.74 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,015.74, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES MCH BECOME DUE DURING - THE - THIRTY (30) DAY PERIOD: Payments - - - must be made either by cash, cashier's check certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p rope rty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the 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 THK LENDER: Name of Lender: U.S. Bank N.A., 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: Stern & Eisenberg, PC-___. _. � f r VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTf 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. i ' Comprehensive Housing rir� r __..:i,<. F; . ; ,,_� _. _r< y Counseling Agencies {,..x Agencies de Consejo al Cliente para Viufenda Cumberland County "CCCS of Waste m PA - 'fork 55 Clover Hill Road Dallwtown PA 17313 688.511.222 7 / 686.51 1.222? WAA7.C= Ga. 0fo Community Action Commission - Capital Region 1514 De"ry t Hanlshurg PA 1r104 7172329757 wti�n•:.cactriN -unty any Harrisburg Fair Housing Council 2104 N 6th St Hardsbufg PA 17110 717238.9540 Housing & Red0velopmentf tdhonty- Cumberland Cnty 114 N HanovetSt; STF 104 CatrisL PA 17013 966.693:5507 /717245.079y ve wceh m,com Patlstone Corporation Pennsylvania 1.625 Nanh. Seond St Harrishurg PA 17102 _ ;......... _: •. —= °.... 717234.6616' xn�nw nrali +r_ .z:�(nat��y; - him Pennsylvania Interfaith Community Programs, Inc: 40 E High St Getnyshurg PA 17325 717.334.1518 ivtvvcadams�ha -ono NOTE: Many of the agehc es offer workshops at various location sites; call to find a rotation near you. Re port last updated: 4/3012012 9:03:04 AM Page 10 1 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 8, 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 - _DAT -E 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 an representatives at the Consumer Credit Counseling Agency may be able to help explain n 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 PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIR SU HIPOTECA. HOMEOWNER'S NAME(S): Judy F. Macak PROPERTY ADDRESS: 707 Brenton Street, Shippensburg, PA 17257. MAILING ADDRESS: 707 Brenton St, Shippensburg, PA 17257 -2115 LOAN ACCT. NO.: 5455027 ORIGINAL LENDER: MFRS, Inc. as nominee for First NLC Financial Services, LLC. CURRENT LENDER/SERVICER: U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass - Through Certificates, Series 2006 -4, 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 DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (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 Pemisylvania 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 FRAM STARTING - A FORECLOSURE ACTION; BUT IF YOUR APPLICATION -IS - -° - EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bringy it up to date) NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 707 Brenton Street, Shippensburg, 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 January 1, 2013 through and including May 8, 2013 as follows: Payments of $675.48 due on 01/01/2013 through and including 05/01/2013, inthe amount of ................ ............................... ......................$3,377.40 Other charges (explain/itemize): Latecharges: .......................................................................... $79.36 Feesbilled ........................................... ............................... ....$658.50 Other charges ( explain) . ................... ............ ..........................$0.00 Less ........... .......... ............................... ......................($99.52) TOTAL AMOUNT PAST DUE: .................................................... $4,015.74 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,015.74, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, cerfifed check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your morteaaed p rope rty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pang 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 perfornning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: U.S. Bank N.A., as Trustee, by its attorney -in -fact, .Ocwen Loan S ervicing, 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 EISF NBERG, PC BY: Stern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUY�STE.D AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTERINOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. u ._....::._ Comprehensive Housing A , r. h S,- A ,"' i;tYUC:,� FINWNI'e �.O,im� Counseling Agencies Agencias de Consejo al Cliente para Vivienda Cumberland County `CCCS of Western PA -York 55 Cbver Hill Road Dallastown PA 17313 a88.511.22r� 7 ! 989.5112227 IVWW-C. na.010 Community Action Commission - Capital pegion 1514 Die ny &t Ham --bug PA 17104 717232.9757 x�,vxccattri � u nrr.ora Harrisburg Fair Hou9il19 COUnCil 2100 N 6th St Harrisburg PA 17110 717238.9540 Housing & Redevt1opmentAut1writy • Cumheriand Cnty 114 N Hanov-rSt; S7E 104 CarfsL PA 17013 666.663.590? 1 71 7249.0 769 ww+v..tchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 M234.E61fr -- _ xn+.wrnra lisp n , /riaihctnnan MM - PennsylVan is Interfaith Community Programs, Inc, 40 E High St Gettysburg PA 17325 717.334.151a wkw.adamseha.aro NOTE Many of the agencies offer workshops at,rarious tOCafJOn sites; call to fintl'.IOCation near you. Report last updated: 4/30/2012 9:03:04 AM Page 1 of 1 U.S. POSTAGE>> PITNEY aowEs Name and STERN & EISENBERG Address 11111111110 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 ZIP 19046 $ OQ'�as© Line Article ,� ,. 02 1 YY Number Postage Fee AY 08 2013 1 * * ** Scott A. Macak 707 Brenton Street Po stal Shi ppensburg, PA 17257 2 * * * * Judy F. Macak CERTIFI MA 707 Brenton Street •• Mesilc Afall . No Insurance Coverage Provic(ed) Shippensburg, PA 17257 m 3 * ** a, p^ t r _n ti r , 4 , Postage V !..' * * ** ru Certified Fee ru 5 * * * * C3 Return Receipt Fee p Postmark O (Endorsement Required) ��l Here _ C3 6 Restricted Delivery Fee PHFA O * * ** (Endorsement Required) PO BOX 8029 0 HARRISBURG, PA 17105 -8029 -n Total Postage &Fees ` M Sent To ra Scott A. Macak -`-- ` Street, Apt No.; 707 Brenton -- __-- --- Street °- "- ' - - " "' "" 8 * * ** - or PQ Box No. 9 * * ** city state, +4' ShiPPensburg, PA 17257 10 * * ** 11 * * ** U.S. Po stal CERTIFIED MAILT. RECEIPT 12 ., . , Provid * * ** m 0 13 Er 14 * * ** rEr U Postage $ fLl Certified Fee .._ 15 RE: Macak ACT NOTICE C3 Return Receipt Fee Postmark O (Endorsement Required) �, Here O Total Number of Total Number of Pieces Restricted Delivery Fee 1 f• " "` Pieces Listed b S Post to a , e ece' ng p (Endorsement Required) Received at Post O ce Em o Q -D Total Postage & Fees C3 Sent To � Judy F. Macak ----------------- O Street Apr. No.; 707 Brenton Street r— or PO Box No. city, siaie, - yjP 5 ; ° Shippensburg, PA 17257 ---•---------------- PS Form :,0 August 2006 See Reverse for Insttuctiond U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan IN THE COURT OF COMMON Trust, Mortgage Pass - Through Certificates, PLEAS OF CUMBERLAND Series 2006 -4.,by its servicer, Ocwen Loan COUNTY, PENNSYLVANIArncu Z" �+ Servicing LLC. r- ��,', ' C Plaintiff COMPLAINT IN -<3> =1 V. MORTGAGE FORECLOSUR&_:cD v r3 _._ Scott A. Macak zc _,.. te r,: Judy F. Macak Ta Defendant(s) 13� 5� Civil e(M NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of 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 25 10 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. Respectful y submi d' ' Date: h g 3 ?nature of Counsel ' r Plai fff U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan IN THE COURT OF COMMON Trust, Mortgage Pass - Through Certificates, PLEAS OF CUMBERLAND Series 2006 -4.,by its servicer, Ocwen Loan COUNTY, PENNSYLVANIA Servicing LLC. Plaintiff COMPLAINT IN V. MORTGAGE FORECLOSURE Scott A. Macak Judy F. Macak 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 unswom 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 lender must consider your circumstances to determine possible options while working with your ' Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City; State: - Zip: Is the property for sale? Yes R No F1 Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes [] No Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: t of people in household: Homer long? Mailing Address: Cit = State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? FINANCIAL INFORMATION First Mortgage tender: Type of Doan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: T nan Niirnhar If yes, provide names, location of court, case number & attorneyr: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $$ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ Automobile l: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles). Model: Year: Amount owed: Value Monthly Income Name of Employers: I . 2. a. Additional Income Description (not wages): L monthly amount: 2. monthly amount: Borrower Pay Days: Co Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortga ge Food 2 Mortgage Utilities CarPavment(s ) Condo,Nei .l:ees Auto Insurance Med. not covered Auto fueUre airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. j S ndin g Mone Da !Child Care. Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working yvith a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: - 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Dame): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating nay financial situation for possible mortgage options. I /We understand that 1 /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income Past 2 bank statements Y Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY"' Ronny R Anderson t ; Sheriff i n 0 f +U y109 of CPflublprI4� (; Jody S Smith Chief Deputy OC — 2. Richard W Stewart ' cut`1BEPi Solicitor O FF4E OF TPE SHERff`r PENtdS�'L Vq�t�U"T 'r U.S. Bank National Association VS. Case Number Scott A. Macak(et al.) 2013-5123 SHERIFF'S RETURN OF SERVICE 09/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: USA, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/13/2013 01:00 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lackawanna County upon Paige Costanzi,who accepted for USA, at c/o U.S.Attorney's Office, 235 North Washington Ave. Suite 311, Scranton, PA 18503. John Szymanski, Sheriff, Return of Service attached to and made part of the within record. 09/13/2013 01:05 PM- Deputy Shawn Gutshall, 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: Scott A. Macak at 707 Brenton Street, Shippensburg Borough, Shippensburg, 2KQAN SHALL, PUTY 09/13/2013 01:05 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Scott Macak- Husband, who accepted as"Adult Person in Charge"for Judy F. Macak at 707 Brenton Stree, Shippensburg Borough, Shippensburg, PA 17257. S TSHALL, EPUTY SHERIFF COST: $91.60 SO ANSWERS, September 27, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott,Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2013-00571 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA U.S. BANK NAT'L ASSOC. VS USA C/O U. S . ATTY'S OFFICE RYAN DELUCCIE Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT. FORE. was served upon USA C/O U. S . ATTY' S OFFICE the DEFENDANT at 0001 : 00 PM Hour, on the 13th day of September, 2013 at 235 N.WASHINGTON AVE. SUITE 311 SCRANTON, PA 18503 by handing to PAIGE COSTANZI (PERSON IN CHGE) a true and attested copy of COMPLAINT MORT. FORE. together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 00 John Szymanski, Sheriff Service Affidavit . 00 ` Surcharge . 00 . 00 e uty Sheriff . 00 00/00/0000 Sworn and Subscribed to before me this day of A.D. Notary STEVEN K.EISENBERG ESQUIRE(75736) M.TROY FREEDMAN ESQUIRE(85165) - �` LESLIE J.RASE,ESQUIRE(58365) HO�J I € CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) ti STERN&EISENBERG,PC ��1 COUNTy 1581 MAIN STREET,SUITE 200 PENIgS YL 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 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 13-5123 Civil Term V. Scott A. Macak- MORTGAGE FORECLOSURE Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Scott A. Macak Judy F. Macak, for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPAL BALANCE...............................................................................$130,642.97 DEFERRED PRINCIPAL.............................................................................$125,604.63 INTEREST accrued thru 06/25/2013 of .......................................................$1,474.69 Interest after 06/25/2013 shall accrue at the per diem rate of$7.20.) �l Na LATE CHARGES accrued thru 06/25/2013 of.............................................$79.36 Late charges after 06/25/2013 shall accrue at the monthly rate of$19.84.) ESCROW ADVANCES................................................................................$1,435.37 FEESBILLED...............................................................................................$669.00 ATTORNEY'S FEE......................................................................................$6,532.14 LESS SUSPENSE(If any).............................................................................($99.52) Sub-Total Through Date of Complaint.........................................................$266,338.64 ACCRUED INTEREST after 06/25/2013 shall accrue at the per diem rate of$7.20 to October 23, 2013 ........................................$864.00 ACCRUED LATE CHARGES Late charges after 06/25/2013 accruing at the monthly rate of$19.84 through October 23, 2013.......................................................$79.36 TOTAL DUE THROUGH DATE OF REQUEST FORJUDGMENT.........................................................................................$267,282.00 STERN & EISENBERG, PC BY: � EN . EISENBERG, ESQUIRE !TEVLIEEJ.. T FREEDMAN, ESQUIRE ❑ A ULINE F. McNALLY, ESQUIRE • RASE, ESQUIRE • CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREw J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Civil Action: 13-5123 Civil Term Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. V. MORTGAGE FORECLOSURE Scott A. Macak Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service 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 707 Brenton Street Shippensburg, PA 17257-2115 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN &EISENBERG, PC BY: ❑ ,STEVE EISENBERG, ESQUIRE M.TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this 180' Day of November, 2013. /�, lc-"2'ee� Notary Public COMMONW �,fM qAF PEiNNElYLVAN NOTARIAL SEAL HELEN CAPASSO,Notary Public Warrington Twp.,Bucks County My Commission Expires October 21,2016 X as of:Nov-18-2013 07:23:15 • Department of Defense Manpower Data Center Results SCRA 3.0 Status Report Pur-suanf,to Serve ceinernben Civil Relief Act Last Name: MACAK First Name: JUDY 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,NOAH,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. Ohl, F M. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Nov-18-201307:22:46 SCRA 3.0 4' Statua RePoi t Pursue to Ser icememb{ers Civil Relief fact. Last Name: MACAK First Name: SCOTT 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 Noted of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA L a I INo - 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,NOAH,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. �` 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 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5123 Civil Term V. Scott A. Macak MORTGAGE FORECLOSURE Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN&EISENBERG, PC BY: ❑ STEVEN K. FISENBERG, ESQUIRE M & . TRO REEDMAN, ESQUIRE ❑ JAC J LINE F. McNALLY, ESQUIRE • L ,'IE J. RASE, ESQUIRE • CHRISTINA 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) IlV THE COURT OF COMM-ON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY' U.S. Bank N.A., as Trustee for the registered holders Of Structured Asset Investment Loan Trust,Mortgage Docket#: 13-5123 Civil Term Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. TI;N DAY NOTICE (Plaintiff) V. Scott A. Macak Judy F. Macak United States of America (Defendant(s)) :NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Scott A. Macak Judy F.Macak 707 Brenton Street 707 Brenton Street Shippensburg,PA 17257-2115 Shippensburg,PA 17257-2115 Date of Notice: Thursday, October 10,2013 IMPORTANT NOTICL 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&EIS�NBERG, By: Attorney forTlaintiff J:\Michaela\Ten Day\Cumberland\Ocwen.Macak.10.13.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)5 72-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5123 Civil Term V. Scott A. Macak MORTGAGE FORECLOSURE Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN & EISENB , PC BY: ❑ STEVEN . EISENBERG, ESQUIRE Er M. WY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A.; as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5123 Civil Term V. Scott A. Macak Judy F. Macak and MORTGAGE FORECLOSURE United State of America, Dept of Treasury Internal Revenue Service Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: U.S. Bank N.A., as Trustee,by its servicer, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Scott A. Macak and Judy F. Macak 707 Brenton St Shippensburg, PA 17257-2115 (Defendant(s)) STERN&EISENB G, C BY: ❑ ,STEVE . EISENBERG, ESQUIRE M. WOY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff r. STEVEN K.EISENBERG,ESQUIRE(75736) i �� }� ( �' TA M.TROY FREEDMAN,ESQUIRE(85165)J. P1 l!,� LESLIE RASE,ESQUIRE(58365) f AM (#; 04 CHRISTINA C.VIOLA,ESQUIRE(308909) r(j'� ANDREW J.MARLEY(312314) PENNSYLVANIA D CO WI r�,. 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 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5123 Civil Term V. Scott A. Macak MORTGAGE FORECLOSURE Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 707 Brenton Street, Shippensburg,PA. 1. Name and address of Owner(s) or Reputed Owner(s): Scott A. Macak and Judy F. Macak 707 Brenton St Shippensburg, PA 17257-2115 2. Name and address of Defendant(s) in the judgment: Scott A. Macak and Judy F. Macak 707 Brenton St Shippensburg, PA 17257-2115 United State of America, Dept of Treasury Internal Revenue Service c/o U.S. Attorney's Office William J. Nealon Federal Building 235 N Washington Avenue Scranton, PA 18501 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: Dwight L. Martin 18321 Dry Run Road West Spring Run, PA 17262 Joanne S. Martin 18321 Dry Run Road West Spring Run, PA 17262 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 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 � s 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) 707 Brenton Street, Shippensburg, PA, 17257. 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& EISENBERG, PC BY: ❑ STEVEN K. ISENBERG, ESQUIRE M. TRO REEDMAN, ESQUIRE ❑ JACQYELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me This 18t' Da of November, 2013. v Notary Pu lic � A NEO N�t n 5wJ00 ouz'706 omm gs�on ®s October MY C STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) ' f LESLIE J.RASE,ESQUIRE(58365) TA . , CHRISTINA C.VIOLA,ESQUIRE(308909) �'` ' ! ff I/: �U ANDREW J.MARLEY(312314) STERN&EISENBERG,PC _ !j ,� C� 1581 MAIN STREET,SUITE 200 PENly$�LVA� 1 VNT j` WARRINGTON,PENNSYLVANIA 18976 A TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5123 Civil Term V. Scott A. Macak MORTGAGE FORECLOSURE Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott A. Macak Judy F. Macak 707 Brenton St 707 Brenton St Shippensburg, PA 17257-2115 Shippensburg, PA 17257-2115 Your real estate at 707 Brenton Street , Shippensburg, 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$267,282.00 obtained by U.S. Bank N.A., 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 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust,Mortgage Pass-Through Certificates,Series 2006-4.,by its servicer,Ocwen Loan Servicing LLC. V. Civil Action: 13-5123 Civil Term Scott A.Macak Judy F.Macak and MORTGAGE FORECLOSURE United State of America,Dept of Treasury Internal Revenue Service Defendant(s) RE: PREMISES: 707 Brenton Street,Shippensburg,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$267,282.00 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&EISENBERG,PC BY: ❑ TEVEN ISENBERG,ESQUIRE [],,STEVEN TR FREEDMAN,ESQUIRE ❑ JA LINE F.McNALLY,ESQUIRE ❑ IdNLIE J. RASE,ESQUIRE ❑ CHRISTINA C.VIOLA,ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION U.S. Bank N.A as trustee et al. ❑Confessed Judgment Plaintiff ❑Other VS. File No. 13-5123-Civil _ Scott A. Macak, Judy F. Macak & USA Amount Due $267,282.00 Defendant Interest to G> t u� Address: Atty's Comm 707 Brenton Street Costs Shippensburg, Pa 17257 q r' d 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) ***Against Scott A. Macak and Judy F. Macak only. ** 707 Brenton Street, Shippensburg,Pa 17257 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 against real estate of the defendant(s)described in the attached exhibit. Date-11/18/2013 Signature: Print Name: M. Tro reedman Address: 15 Main Street,Suite 200 Warrington, PA 18976 0 C� Attorney for: Plaintiff Plainti �t Telephone: 215-572-8111 Supreme Court ID No: 85165 �,Sb L4-. F' ALL THAT CERTAIN parcel of land anal imUUprovem.ents theron situate in.the Borough of Shippensburg, County of Cumberland and Commonwealth.of Pemisylvania, being Lot Nos. 22 and 23 of Block"I" of a plan oh Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan Book No.5 and.designated as Parcel No. 32-33-1871-012 and more fully described in a Deed dated December 27, 2002 and recorded December 30, 2002 in Cumberland County in Deed Book Volume 255 at Page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. BEING KNOWN 707 Brenton Street, Shippensburg, PA 17257 BEING the same premises which Dwight L. Martin.and Joanne S. Martin, husband and wife, by Deed dated December 27, 2002 and recorded December 30, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255 Page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. PARCEL NO. 32-33-1871-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5123 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S.BANK N.A.AS TRUSTEE FOR THE REGISTERED HOLDERS OF STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-4,BY ITS SERVICER,OCWEN LOAN SERVICING,LLC Plaintiff(s) From SCOTT A.MACAK,JUDY F.MACAK (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: $267,282.00 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $240.35 Other Costs: Plaintiff Paid: Date: 11/20/13 David D.B 11,Prothonotary (Seal) , Deputy REQUESTING PARTY: Name: M.TROY FREEDMAN,ESQUIRE Address: STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 85165 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE 85165 LESLIE J.RASE,ESQUIRE(58365) iEfd�7 T . CHRISTINA C.VIOLA,ESQUIRE(308909) l }� ANDREW J.MARLEY(312314) f D 30 PH 2; 3� STERN&EISENBERG,PCUQCL MAIN STREET,SUITE WBARRINGTON,PENNSYLVANIOA 18976 PGUNSYLVANIA T i TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4,by its attorney in fact, Ocwen Loan Civil Action Number: 13-5123 Servicing, LLC V. Scott A. Macak and Judith F. Macak and The United States of America, Dept. of Treasury, COMPLAINT IN Internal Revenue Service MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, ANDREW J. MARLEY, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the 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& E G, C BY- DREW J. MA Attorney for Plai ff 12/26/t3 O• � ^L y v, 4�1 alp UJ tz)2 � J HC� H b n Z [~ � r+ � " � � � n• � � C/a r G CA C/� y � Y �_ CsJ cn rp CD r-. r+ L t....UQ rh > n WG C) a o 0 0 J 00 cn y GO N N 0 �. CD O cr 6" CD CD Icj En CD � 00 Ua O r n N Ch CD vC 6 � � w CD � � � o i-+ �•s � CD x � SD P �, � a UQ O CD O c 7� N It (D _• c CD v, a n v, b CD (D cn En f-• N � r.;ray T + a O 0000 (DON C V W:*co o o NJ w -f 4._ CC O m m o V o CL N CD 0 It LL CQ CC =cr t 692.9 5005 TOOO DE92 E`IO2_ � � • m m W-c �a m u-+�h U i OUI CCJ m N + • d � Cl Oz cma -^,Z Z N • V E� �° o ax tam IL S „�'�'•' ¢ n d:mQ CL • I �-- 92.2.9 5005 TOOO OE92 ETOL 69- r ai emi c� ro LL LL a' 'T o F n Z;Q t_ i • U ¢m �m c (4�x iNr a E q C m c t0 �- W 259 5009 'IOOO OE92 EZO2. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t SHERIFF'S OFFICE OF CUMBERLAND'CO I1 t�'�f 20;i1 -6 Aj41 : 29 i Cumb, CUMBERLAND COUNTY PENNSYLVANIA c et r S1. ERIFF U.S. Bank National Association vs. Scott A. Macak (et al.) Case Number 2013-5123 SHERIFF'S RETURN OF SERVICE 01/03/2014 03:58 PM - Deputy Dawn Kell, 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 707 Brenton Stree, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 01/03/2014 03:58 PM - Deputy Dawn Kell, 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: Scott A. Macak at 707 Brenton Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 01/03/2014 03:58 PM - Deputy Dawn Kell, 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 Scott Macak, husband, who accepted as "Adult Person in Charge" for Judy F. Macak aka Judith F. Macak at 707 Brenton Stree, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 03/10/2014 As directed by Steven Eisenberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/03/2014 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: $818.97 SO ANSWERS, June 03, 2014 RONNY R ANDERSON, SHERIFF frri c) Co.fitVSur:.e Sheriff, Teleosoft, Inc. On November 25, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA, Cr) tta L" li C Known and numbered as, 707 Brenton Street, Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 25, 2013 By: Real Estate Coordinator N LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-5123 Civil Term U.S. Bank National Association vs. Scott A. Macak Judy F. Macak aka Judith F. Macak Atty.: Steven Eisenberg ALL THAT CERTAIN parcel of land and improvements theron situate in the Borough of Shippensburg, County of Cumberland and Com- monwealth of Pennsylvania, being Lot Nos. 22 and 23 of Block "I" of a plan of Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan Book NO.5 and designated as Parcel No. 32-33-1871-012 and more fully described in a Deed dated December 27,2002 and recorded December 30, 2002 in Cumberland County in Deed Book Volume 255 at Page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. BEING KNOWN 707 Brenton Street, Shippensburg, PA 17257. BEING the same premises which Dwight L. Martin and Joanne S. Mar- tin, husband and wife, by Deed dated December 27,2002 and recorded December 30, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255 Page 761, granted and conveyed unto Scott A. Macak and Judith F. Macak, husband and wife. PARCEL NO. 32-33-1871-012. 54 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. isa Marie Coyne, Edir SWORN TO AND SUBSCRIBED before me this 7 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 patriotNews 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. 2013-5123 Civil Term r.S. Bank National Association Vs Scott A. Macak Judy F. Macak aka Ju h F. Macak Atty: Steven Eisenberg ALL THAT CERTAIN parcel of land and improvements theron situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, being Lot Nos. 22 and 23 of Block "I" of a plan of Hallwood Heights as recorded in the office of the Recorder of Deeds in Plan Book NO. 5 and designated as Parcel No. 32-33-1871-012 and more fully described in a Deed dated December 27,2002 and recorded December 30, 2002 in Cumberland County in Deed Book Volume 255 at Page 761, grantediiid conveyed unto Scott A. Macak and /Judith F Macak, This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 ay of February 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public WashingtonTWp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THF COUKC OF COMMON PLEAS CIJMBERLAND COUN FY CI V I I.ACTION - LAW ANDREW J, MARLEY, ESQUIRE STERN & EISENBERG PC ".. 1581 Main Street, Suite 200 - ,, The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 1.0. #312314 U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer,Ocwen Loan Servicing LLC. Civil Action Number. 13-5123 V. Scott A. Macak Judy F. Macak and United State of America. Dept of Treasury Internal Revenue Service cio t S. Attorney's Office Defendants) PRAECIPE TO VACATE JUDGMENT WrITIIOUtPREJUDICE TO THF. PRO I IONOTARY: Subsequent to the entry of judgment.Plaintiff, U.S. BANK NATIONAL ASSOCIATION.as trustee.directs the Prothonotary to vacate the judgment without prejudice to the continuing validity of the note and mortgage and without prejudice to Plaintiffs right to institute a separate proceeding on the note or mortgage against the Defendant as a result of any default. STI/RN & EISENBERG. PC •BY: __✓_ r! _ r RFW .1, MAREh.Y,1.SQ. Attorney for Plaintiff 6/20/2014 0)ClUiskla-1 ANDREW J. MARLEY, ESQUIRE STERN & EISENBERG PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 I.D. #312314 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank N.A., as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2006-4.,by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 13-5123 v. Scott A. Macak Judy F. Macak and United State of America, Dept of Treasury Internal Revenue Service c/o U.S. Attorneys Office Defendant(s) ORDER TO SETTLE,DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN & EISENBERG, PC BY:4 _y .o, ANDREW J, MARLEY Attorney for Plaintiff 6/12/2014