Loading...
HomeMy WebLinkAbout13-5740 x Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County 7 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Nationstar Mortgage LLC f/k/a Lead Defendant's Name: Ian C. Sorkin; Renee Sorkin C Centex Home Equity Company, LLC T Dollar Amount Requested: within arbitration limits I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander /Libel/Defamation ❑ Employment Dispute: Other F] Zoning Board C F1 Other: T ❑ Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES — ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste El Ejectment E] Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA , PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043401 7 - Nationstar Mortgage LLC f /k/a Centex Home COURT OF COMMON PLEAS vc=:.,' s Equity Company, LLC CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO: I _ s) �� al Ian C. Sorkin , 1 Goldenrod Drive Carlisle, PA 17013 i Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CS) x/03. � - Ald /?/P Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAREN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043401 Nationstar Mortgage LLC f/k/a Centex Home COURT OF COMMON PLEAS Equity Company, LLC CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO: Ian C. Sorkin 1 Goldenrod Drive Carlisle, PA 17013 Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Nationstar Mortgage LLC f /k/a Centex Home Equity Company, LLC, the address of which is, Nationstar Mortgage LLC, 350 Highland Drive, Lewisville, Texas 75067, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Centex Home Equity Company, LLC Mortgagor(s) Ian C. Sorkin and Renee Sorkin (b) Date of Mortgage February 22, 2005 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Mortgage Book 1900, Page 93 Date: March 15, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 1 Goldenrod Drive, Carlisle, PA 17013 and is more specifically described as attached as part of Exhibit "A ". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Ian C. Sorkin, 1 Goldenrod Drive, Carlisle, PA 17013 and Renee Sorkin, 1 Goldenrod Drive, Carlisle, PA 17013. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of August 26, 2013: Principal Balance Due $199,123.36 Interest Currently Due and Owing at a variable rate $5,660.01 From February 1, 2013 through August 26, 2013 Escrow Advances $2,265.45 Appraisal Fees $3.00 Property Inspection $18.30 TOTAL $207,070.12 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible wider the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests. that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: �V Z BY: A eys for Pla' tiff S & D File No. 13- 043401 R , ERT P. Z IEGLER r, LC��.rE; OF ref 2005 (ERR 15 HM 9 a? Prr� aced B LESLIE DARKTO CENTEX HOME EQUITY COMPANY, LLC P.O. BOX 199500, FINAL DOCS Dallas, TX 7 Return To: 9 Parcel Number: [Space Above Thie Line For Recording Data] MORTGAGE DBPINITIONS Words used in multiple sections of this document are defined below end other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 2/22/2005 together with all Riders to this document. (B ) "Borrower" is IAN C. S ORKrN AND RENEE SORKIN HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument (C) "Leander" is CENTEX HOME EQUITY COUPANY, LLC Lender is it A LIM TED LIABILITY COMPANY PENNSYLVANIA - Single Family - Fannie MaelFraddle Mac UNIFORM INSTRUMENT Form 3439 1101 65-6(PA) Ie+0>7 Papa 1 a(18 IniBplu ���� VMP Mo npape Solution:, mc, (80021 -7281 � �� � � � �� S1{ 190OPG - 3093 F x organized and existing under the laws of TEE STATE OF D15LA1t M Lender's address is 282$ NORTH HARWWD DALLAS TX 75201 -•1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 2/22/2005 The Note states that Borrower owes Lender ONE HUNDRED FORTY SIX THOUSAND SIX HUNDRED SEVENTY TWO & 00 /100 Dollars (Us, $ 146,672.00 ) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 3/01/2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" mram the debt evidenced by the Note, plus interest, any prepayment charges and late charges duo under the Note, and all nuns due under this Security Instrument, plus interest. (G) "Itlders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider Condominium Rider ❑ Second Home Rider H Balloon hider Planned Unit Development Rider 1 -4 Family Rider VA Rider © Biweekly Payment Rider Hothor(s) [specify) (H) 'Applicable Law" moans all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (1) "Community Association Drees, Fees, aad Assessments" means all dues, fees, assossmants and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or sbwlsr organization. (J) "Electronic Funds Transfer" moans any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of=sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" meant those items that are described in Section 3. (L) "Miscellaneous proceeds" means arty compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages descried in Section 5) for: (i) damage to, or deaftotion of, the Property; (H) condemnaton or other taking of all or any part of the Property; (iii) couveyanco in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount duo for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. o tk-8(1 (awl) PsQe2oris Form 3039 1101 BK 1900PGO094 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they migbt be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "R.ESPA" refers to all requirements an restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument seems to Louder: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Nate; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following deamibed property to D arted in th a CONY [Type of Recording 1wisdiction) of (Name of Recording h isdic6on) All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 1 GOLDENROD DRM CARLISLE (Str [city), Pennsylvauis 17013 (zip Code) . ("Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referral to in this Security 7nstr=ent as the /'property-" at-S(PA) (0407) pa" 9 of io Form 3039 1101 B1�t900 5 BORROW13R COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVBNANTS. Borrower and Louder covenant and agree as follows; 1. Payment of Principal, Interest, .Escrow Items, Prepayment Chnrgea, and Late Chargas. Borrower shall pay when duo the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments duo under tho Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, in*utnemality, or entity; or (d) Electronic, Funds Transfer. Payments are doomed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if tho payment or partial payments are insufficient to bring the Loan current. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prier to foreclosure. No offset or claim which Borrower might have now or fn .the future against Fender shall relieve Borrower from making payments due under the Note and this Security lnstrument or performing the covenanta and agreements secured by this Security Instrument. 2. Applleation of Payments or Proceeds. Except as othorwiso described in this Section 2, all payments accepted and applied by Tender shall be applied in the following order of priority: (a) interest dde under the Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Poriodic Payment in the order in which it became due. Any reme sing amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suMcient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may .apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, eaoh payment can be paid in $ tnwali: c�V�"' (PA) (oto71 Pago 4 of 18 P9rm $1130 riot c $K 1900PG-UG96 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such execas may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in. the Note. Any application of payments, insurance proeeods, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3, Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Inslnuneat as a Ron or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sutras payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. Those items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Foos, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Bscrow Itom. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items, bender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant sad agrectnent contained in this Security Instrument, as the phrase "covenant and agreement" is used in Soct oa 9. If Borrower is obligated to pay Escrow Items directly, pumaant to a waiver, and Borrower fails to pay the amtouat due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Louder all Funds, and in such amounts, that are then required under this Section 3. Lender racy, at any time, collect and hold Punds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RBSPA, and (b) not to exceed the maximum amount a lender can require under RBSPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be hold in an institution whose deposits am insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specifled under RI?SPA. Lender shall not charge Borrower for holding and applying the Funds, annually walyzing 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 ammuent is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay 13orrower any interest or earnings on the Funds. Borrower and Leader can agree in writing, however, that interest shall be paid on the d .B(PA) (m7) Pas. s.ris Form3038 1101 8K 1900V-U6097 r Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds hold in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds hold in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is it deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fail of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Pecs, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mamw provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings no pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Lien to this Security Instrument. If Lender dctemm es 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 hen, Within 10 days of the data on which that notice is grvai, Borrower shall satisfy the lion or take one or more of the actions set forth above in ibis Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences car change during the term of the Loan. The insurance canter providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bornower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -titre charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Etnergeney Management Agency in connection with tho review of any flood zone determination resulting from all objection by Borrower. IntMb: �� 4R-8(PA) lote7t rep. le Form 3039 1101 UK1980FSU*'i98 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Loender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 'Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and night provide greater or lesser covemgo than was previously in offect. Borrower acknowlodges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shell be payable, with such interest, upon notice from Lender to Borrower requesting payment, All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Leader shall have tho right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance .carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair end restoration period, Leader shall have the right to hold such insurance proceeds until bender has had an opportunity to inspect such Property to ensure the work has been completed to Londor's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender aball not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may fdo, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property - under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insursace proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. InlUai►: QM -8(PA) (0407) Page 7 of IS Form 3039 1101 g 190 ►'au099 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at lout one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preaervatlon, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or dooreating is value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, .Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a aeries of progress payments as the work is completed. If the insurance or condemnation proceeds are not suf6ciont to repair or restore the Property, Borrower is not rolievod of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower falls to perform the covenants and agreements contained in this Security lnstrwnent, (b) there is it legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a Lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. Ii is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. IntW Ck•8(PA) (0407) vay4sotta Form3039 1101 BKI90GPUO{00 Any amounts disbursed by Lender under this Section 4 shall became additlonaI debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a lessehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the lessehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the. premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverago substantially equivalent to the Mortgage Insurance previously in offeet, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in affect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage owed to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non•rofundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as it condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leaders . requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such teamination.or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage insurance reimburses Lander (or any entity that purchases the Note) for certain losses 'it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force Ikom time to time, and may enter into agreements with othor parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Those agreements may require tho mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgages inaurces risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such :agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wM not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Irmo* � d APA) to4o7l P.o.o.rrs Form 3039 1101 �..1 fi n 0 U _ 94t1900iu101 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, andior to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Rorfelture, All Miseollaaooua Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Loader has had an opportunity to inspect such Property to ensure the work has been completed to Lsnder`s satisfaction, provided that such inspection sball be undertaken promptly. Loader 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 trade in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the rostoration or repair is not economically feasible or Leader's security would be lessened, the Miseollaneous Proceeds shall be applied to the sums secured by this Security lustrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied to the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial hiking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction,, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be roduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the sums secured immediately before the partial to dag, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the evont of a partial tatting, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial talcing, destruction, or loss is value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Waccllaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. if the Property is abandonetl by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined in the next sentence) offers to snake an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscatlaaeous Proceeds either to rest v4ou or repair of the Property or to the sums scoured by this Security .lnstrurnent, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whore Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall bo in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security lustrumont. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of rduor� db•8(PAl (mr) Pool +a of re Form 3039 1101 BK Igo o}IGO602 Lender's interest k the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Leader, All Misceltanaous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; 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 Lander to Borrower or any Successor in Interest of Borrower shal not operate to release the liability of Borrower or any Successors is Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exorcising any right at, 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. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and Gab ty shall be joint and several. However, any Borrower who oo -signs this Security Instrument but does not execute the Mote (a "co- signer'); (a) is co- signing this Security Instrument Onty to mortgage, grant and convey the oo- siguer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to oxtend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security lttstrument, Borrower shall not be released from Borrower's obligations and liability under this Security Instrument uutess Lender agrees to such release in writing. The covenants and agreements of this Security Instument shall bind (except as provided in Section 20) and beaetit the successors and assigns of Leader. fd. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lander may not charge fees that are expressly prohibited by dais 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 permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Mote 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 i provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of Any right of action Borrower tight have arising out of such overcharge. Inklalsf ��V ,►"-� 4M•6(PA) (soi) Pago l t of Is Form $039 Val 10 3 IS. Notiaea. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be doomed to have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by outer means. Notice to any one Borrower shall constitute notice to 411 Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. That may be only one dt aignatesd notice address under this Security Inatrumemt at any ono time, Any notice to Lander ahall be given by delivering it or by me hg it by first class mail to Lender's address stated herein unless Lender bas designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirameats and limitations of Applicable Low, Applicable Law right explicitly or implicitly allow the parties to agree by contract or it might be silont, but such silence shall not be construed as a prohibition against agreement by contrast. In the event that any provision or clause of this Security hu trtment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which car be given effect without the conflicting provision. As used in this Security Instrument; (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the worn "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. 18. Troa fer of the Property or a Benelicial Interest In Harrower. As used in this Section 18, " Interest in the Property" mesas any legal or beneficial interest in the Property, including, but not limiter) to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may require immediate payment in Elul of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower trust pay all guars secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further •notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any titre prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale oou%ined in this Security Instrument; (b) such other period -as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower;. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all y Mk4JPA) tenon Pao• t2of is Form 3039 IM ax I gooruo 104 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Inatrwnent; and (d) takes such action as Leader may reasonably require to assure that Lender's interest In the Property and rights under this Security Instrument, and Borrower's obligation to pay the sutras secured by this Security Insttummt; shall conftuc unchanged. • Lender may require that Borrower pay such reinstatement sutras and expenses in one or more of the following forms, as selected by Lender; (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds 'lkansfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall retrain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, ZO. Sale of Note; Change of Loam Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servitor, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicar, the address to which payments should be made and any other information RESPA requires in connection with a notice of trauafer of servicing. If the Note is sold and thereafter the Loan is serviced by atoan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer of be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the tnembor of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges than the other party has breached any provision of, or any duty owed by reason of, this security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be doomed to be reasonable for purposos of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of accelorWou given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Buvironmental Law and the following aubsumoes: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile sol vents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to boaltlt, safety or environmental protection; (c) "environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger srr Invireamental Cleanup. 4%-8(PA) te+Vt Paceiaotre Form 3038 trot 8#{ 190aPG 105 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardou4 Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances Chet are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulmory agency or private party involving the Property and any Hazardous 'Substance or Environmental Law of which Borrower has actual knowledge, (b) any Rnvironmettai Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. Xf Borrower leases, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bottower shall promptly take all necessary remedial actions in s000rdanee with Bnvfronmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22, deceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or apee[neI In this Security Instrument (but not prior to acceleration under Section I S unless Appiiea lb a Law provides otherwise). Under shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as speciffed may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. U the default is not cured as specttied, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shaU be entitled to collect ail expenses Incurred in pursuing the remedies provided in this Section 22, inducting, but not limited to, attorneys' fm and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums securod by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Auer such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower stall stay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only of the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applioable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and horoby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Re ustatenntut Period. Borrower's titm to reinstate provided In Section 19 shall extend to one hour prior to the commencement of bidding at a shorifFa sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the intrmpst rate payable after a judgment is entered on the Note or in an action of mortgage foroclosure shall be the rate payable from time to time under the Note, tdu.rn�___VY' 4,=.6(PA) taa 07l Papo 14 of is Form 3038 1101 8K 1900PU01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed by Borrower and recoiled with it. Witnesses: { (Seal) it. SORK - Bormwer - - — SORKnf - Hartowar (Seal) (SOSO }iouower - BarYovm (Seal} (Seal) Hormwrr - Borrower (Seal) (Seal) •Bou Deer - Borrower Q%4(PA) twos is d to Farm 3030 t/Ot $K 190�C'C�u 10 7 COMMONWEALTH OF PENNSYLVANIA, County es: t,"o fto .21 On this, the �i� a day of Urv�� f &P S , before me, the undersigned officer, p" NT SORKIN kaowa to me (or satisfactorily proven) to be the person(s) whose name(s) is /arc subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. rN WETNESS WNERF.OF, T hereunto set my hand and official seed. My Commission Expires; COMMONWE OF PENN SYLVANIA Notartal Seal Cesar L. Buono, Notary Public Camp Wlk Bo% Cumberland County W Com mlasion E) Vres Ja n. 15, 2008 �• �� /a(,J � G Mwnbe Ponns -41 rmin Pt«rriafinn Of Natedes TWO of Officer CertifUste of Residence - T, b 4o,- , do hereby certify that the correct address of the within -named Mort gga is 2828 NORT9 RMWOOD, DMAA3, TX 75201 -1515 Witness my hand this D D day of 001 D of Monmelt 1nMlnls: a -G(PA} (0407) pep. is Of to Form 3034 1101 sx i �o0r,-- 10 8 Stewart Title Guaranty Company Commitment Number: 2006010062COL SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment Is described as follows: ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of Middlesex, In the County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows; BEGINNING at a point on the eastern dedicated right- of-way line of 50 foot wide Goldenrod Drive at the dividing line between Lots Nos. 51 and 52 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 78 degrees 00 minutes 42 seconds East, 160.00 feet to a point; thence along the dividing line between Lots Nos. 50 and 51 on said plan, South 11 degrees 59 minutes 18 seconds East, 138.45 feet to a point on the northern dedicated right- of-way line of 60 foot wide Wheatfield Drive; thence along said tight-of -way line, South 85 degrees 25 minutes West, 129.30 feet to a point; thence by a curve to the right with a radius of 25.00 feet with an arc distance of 38.04 feet to a point; thence along the eastern dedicated right -of- -way line of Goldenrod Drive, North 11 degrees 59 minutes 18 seconds West, 96.00 feet to a point, the place of BEGINNING. BEING Lot No. 51, Final Subdivision Plan No. 1 for the Meadows as recorded In Cumberland County Recorder of Deeds Office in Plan Book 49, Page 43 (erroneously Plan Book 61, Page 142) AND BEING Improved with a single family residence known and numbered as I Goldenrod Drive, Carlisle, PA 17 SUBJECT to restrictions of record in Cumberland County Misc. Book 313, Page 706. parcel Number 21-05- 0433.055 ALTA Commitment Schedule C (2008010082COIJ2005010062CCU31) I,'. 8�{i9QOt��109 s a ADJUSTABLE RATE RIDER (LIBOR 6 Month index (As Published In The WaU Street Journal) - Rate Caps) THIS ADJUSTABLE RATE PMER is matte this 22nd day of FEBRCIARY 2005 , and is incorporated into and shall be deemed to anmd and supplemett the Mortgage, Deed of Trust or Security Deed (the "Security Inatrumont ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Adjustable Rate Note (the "Note ") to CE=X noMie B00ITY COMPANY, LLC (the "Lender ") of the same date and covering the Property described in the Security Instrument and located at; I GOLDZNWI) DRIVE CARLISLE, PA 17013 ( "IcY Addowl THE NOTE CONTAAMS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT TIIE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXYMUM RATE TFM BORROWER MUST PAY. .ADDITIONAL COVENANTS. In addition to the cavenanta and agreements inade in the Security Instrument, Borrower and Lender hirther covenant and agree as follows; A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8,540 %. The Note provides for changes in the interest rate amd the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the let day of NA= 2008 and on &at day every $Tti month thereafter. Each date on which my interest rate could change is called a "C lutrige Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar - denominated deposits in the London marlaet (" LIBOR"), as published in TU Wall Street Journal, The most recett: Index figure available as of the fast Maltistate Mustablo Rate Rider • UTIOR 6 Month lndcu Modified 6380 (9705) I MMA 3138 (6194) CE838U1 (031098) Pap 1of3 BK1900pso1 10 J business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a now Index that is based upon comparable information. The Note Holder will give me notice of this choice, (C) Calculation of Chaugea Before each Change Date, the Now Holder will calculate my new interest rata by adding S>".M AM 090/1000 percentage point($) ( 7.090 %) to the Cutrout Index. The Noto Holder will then round the result of this addition to the nearest one - eighth of one percentage point. (0.125 %). Subject to the limits stated in Section 4(U) below, this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then dctormine the amount of the monthly payment that would be sufficient to May the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment, (D) Limits on interest )State Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.540 % or less than 8.540 %. Thereafter, my interest rate will never be increased or deareaaed on any single Change Date by more than ONE AM 000/1000 percentage points) ( 1 .000 gip) from the rate of interest I have been paying for the preceding 8 months. My interest rate will never be greater than 15.540 1oraor than * 8.540 . (E) Effective Date of Changes My now interest rate will become effective on each Change page. I will pay the amount of my now monthly payment beginning on the first monthly 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 the amount of my monthly payment before the effective date of any ebange. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL IN'I'l✓REST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows; Transfer of the Property or a BeAetWid Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or trawfemvd and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate psyment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, Lender also shall not exorcise this option if. (a) Borrower causes to be submitted to Lender info on r ed by Initlals: 4=.&UU (9705) gage 2 o 3 Form 13a B19b Lender to evaluate the intended transferee as if a new loan were being wade to the transferee; and (b) bender reasonably detwmiaes that Lender's security will not be impaired by the loan assumptiou and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extont pemritted by applicable law, Lender may charge . a reasonable fee as a condition to Loader's consent to the loan assumption. Lender. also may require the ttunsfercc to sign an assumption agreement that is acceptable to Louder and that obligates the trannsferee - to keep all the promises and agreements wade in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless bonder releases Borrower in writing. If Lender excrciato the option to require immediate p", ant in Sian, 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 delivered or maiiad within which Borrower must pay all sutras secured by this Security lustrumeut.. If Borrower Shits to pay those sums prior to the expiratiou of this period, Lender may iavoke any remedies permitted by this Security Instrument without farther notice or demand on Borrower. BY SICININQ $BLOW, Borrower accepts and agreas to the terms and covenants contained in this Adjustable Rate Rider. C�ln e t 1 � ' Anb�n (Seal) (Seal) TAN C. SORKIN -Bwmwer RPM SORKIN •Banowcr (Sew) (Seal) -BWUW u Boaower (Seal) - Basower Borrower (Seal) (Seal) - Boctowox - Itomowar (a-MU (9705) Pago 3 of 3 Form 3138-W4 c Gerd fy this to be recorded !li Cumberland County PA Recorder of Deeds (Page 2 of 6) ADJUSTABLE RATE NOTE (LIBOR 6 Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANCES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY I�`TRPFAP'XLF1 VCAUfl N'FrATAE', ,? 1r[I SdFir6NRT, 1 j§. -AX% MAjTUMWT INTEREST RATE CAN CHANCE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. FEBRUARY 22, 2005 MILFORD, CT 06460 [Date] (City) [Slate) 1 GOLDENROD DRIVE, CARLISLE, PENNSYLVANIA 17013 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 146, 672.00 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is CENTEX HOME EQUITY COMPANY, LLC I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." L INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8,540 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on APRIL 1 2005 . I will make these payments every month until [ have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on MARCH 1, 2035 , I still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at g,O, BOX 199400 DALLAS, TX 75219 -9077 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,131.95 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 ofthis Note. 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 14t day of MARCH 2008 and on that day every 6TH month thereafter. Each date on which my interest rate could change is called a "Change Date." MULTISTATE ADJUSTABLE RATE NOTE -LIBOR 6 MONTH INDEX Modified -838 (9406) / FNMA 3520 (6194) CE838 -I (031098).01 Page I of Inilin)s. tea, 9 (Page 3 of 6) (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar - denominated deposits in the London market ( "LIBOR "), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in Journal The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND 090/1000 percentage point(s) ( 7 %) to the Current Index The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.540 % or less than a. 540 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000 %1000 percentage points(s) ( 1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 15.540 % or lower than 8.540 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." Except as provided below, I may make a full prepayment or a partial prepayment without paying any penalty, The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If f make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. If the original principal amount of this loan is $50,000 or less, 1 may make a full or partial prepayment without paying any penalty. However, if the original p- .neipal 4m99nl 9f this Note exceeds $50,000, and if within the first 36 months after the execution of this Mortgage, I make full prepayment or a partial prepayment and the total of such prepayments in anyone (1) year exceeds twenty percent (20%) of the original principal amount, I will pay a prepayment charge in an amount equal to the payment of six (6) months' advance interest on the amount prepaid which is in excess of twenty percent (20 1 /6) of the original principal amount. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum lean charges, is finally interpreted g9 that the illterc4t 9r other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. MULTISTATE ADJUSTABLE RATE NOTE -LIBOR 6 MONTH INDEX - w/PPP Modi6ed-938U9406) I FNMA 3520 (6144) CE83SPAP ( 1303) Pep 2 of 4 Initials: (Page 4 of 6) 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder hag not received the full amount of any inonthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the! nharoa' will I Oaten %al anc?1d&YeiYT0a "3 T l 1f pa "y a"ia'le'"efiaige t ( fie Note Milder" T e of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and all the, interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if l am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amonts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other, persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that 1 make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: I Modified-8 MULTISTATE ADJ FNMA 3 ABLE RATE 6 MONTH INDEX CE838 =3 (031098) Page 3 of 4 Initial I (Page 5 of 6) Trauster of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not • natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in • natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breacb of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to 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 Imuvrnunt unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. APPLICABLE LAW This Note shall be governed by the laws of the State of PENNSYLVANIA If a law, which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceed permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me: If a refund reduces principal, the reduction will be treated as a partial prepayment, but in no event will a prepayment charge be assessed if the Note Holder chooses to reduce my principal balance by applying such excess amounts. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. t ( (Seal) �7L/IV (Seal) IAN C. SORKIN - Borrower RENEE SORKIN - 8orrower it eac )QM (Seal) (Seal) - Borrower . Borrower (Seal) (Seal) - Borrower •Borrower SSN: SSN; (Seal) (Seal) - Borrower -Ban — SSN: SSN: [Sign Original Onlyf MULTISTATE ADJUSTABLE RATE NOTE -LIBOR 6 MONTH INDEX Modified -878 (9406) / FNMA 3570 (6194) G9$35 -4 Page 4 of 4 (Page 6 of 6) ALLONGE TO NOTE LOAN NUMBER: ALLONGE TO NOTE DATED: 2/22/2005 LOAN AMOUNT: 146, 672.00 PROPERTY ADDRESS: 1 GOLDENROD DRIVE CARLISLE, PENNSYLVANIA 17013 IN FAVOR OF: CENTEX HOME EQUITY COMPANY, LLC AND EXECUTED BY: IAN C. SORKIN RENEE SORKIN PAY TO THE ORDER OF: WITHOUT RECOURSE: E HOME EQUITY COMPANY, LLC BY: Charla Calvery TITLE: Senior Auditgr DATE: MAR 0 4 2005 MUDAOKA (111204) Nationstar Mortgage, LLC PRESORT PO Box 9095 First -Class Mail Temecula, CA 92589 -9095 U.S. Postage and Fees Paid W SO 7196 9006 9296 6908 0807 Send Payments to: Nationstar Mortgage 350 Highland Drive Lewisville, TX 75067 -4177 20130430 -160 ' Ilr" Ifl��r'"' I' I�III' Ir�l '�'r�l'�I�I�IIIf�Ihl�'I�nm�I' IAN C. SORKIN 1 GOLDENROD DR CARLISLE, PA 17015 -9010 PA—N01 Sent Via Certified Mail 7196 9006 9296 6908 0807 04/30/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save lour home. This Notice explains how the Drogr am works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your Cooly are listed at the end of the 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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 06 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA NOl Pagel o1`6 7196 9006 9296 6908 0807 HOMEOWNER'S NAME(S): IAN C. SORKIN RENEE SORKIN PROPERTY ADDRESS: I GOLDENROD DRIVE CARLISLE, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: "CENTEX HOME EQUITY COMPANY, LLC" CURRENT LENDER/SERVICER: Nationstar Mortgage, 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 from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA'and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HA YE 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 ABOYE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " PA NOI Page 2of6 7196 9006 9296 6908 0807 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN 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 (Brine it un to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1 GOLDENROD DRIVE CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 03/01/2013 Total Monthly Payments Due: $3,170.70 Late Charges: $802.05 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $586.30 Unapplied Balance: 0.00 TOTAL AMOUNT PAST DUE: $4,559.05 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,559.05 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES 'WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable an d sent to: Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067 -4177 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 vour mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins PA Page 3of6 7196 9006 9296 6908 0807 legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to 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 Sheriff's Sale as specified in writing by the lender and by performing an y 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 Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to.you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nationstar Mortgage, LLC Address: 350 Highland Drive Lewisville, TX 75067 -4177 Phone Number: 1- 888 -480 -2432 Fax Number: 1- 972 - 315 -6827 Contact Person: Ellery Wheaton E -Mail Address: customer .service @nationstarmail.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You X may or ` 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 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 (3) TIMES IN ANY CALENDAR YEAR) PA NOI Page4of6 7196 9006 9296 6908 0807 • 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 CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Ellery Wheaton Assigned Foreclosure Prevention Specialist Nationstar Mortgage, LLC 1- 866 - 316 -2432 ext. 2404597 350 Highland Drive Lewisville, TX 75067 -4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER PA_NOI Page of 7196 9006 9296 6906 0807 I'MAP Consumer Credit Counseling Agencies CUMBERLAND County Repoft last updatcd: 03/2012013 02:18 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 - 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 - 342 -2397 HC Page 6of6 7196 9006 9296 6908 0807 0 � Nationstar Mortgage, LLC PRESORT PO Box 9095 First -Class Mail Temecula, CA 92589 -9095 U.S. Postage and Fees Paid W SO 7196 9006 9296 6908 0814 Send Payments to: Nationstar Mortgage 350 Highland Drive Lewisville, TX 75067 -4177 20130430 -160 RENEE SORKIN 1 GOLDENROD DR CARLISLE, PA 17015 -9010 PA—N01 Sent Via Certified Mail 7196 9006 9296 6908 0814 04/30/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortEa2e 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 pates. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling_ Agencies serving your County are listed at the end of the Notice. If you have M 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 NOTIFICAC16N EN AD.IUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VTVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N 1NMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA N01 Page] of6 7196 9006 9296 6908 0814 HOMEOWNER'S NAME(S): IAN C. SORKIN RENEE SORKIN PROPERTY ADDRESS: 1 GOLDENROD DRIVE CARLISLE, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: "CENTEX HOME EQUITY COMPANY, LLC" CURRENT LENDER/SERVICER: Nationstar Mortgage, 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 from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face - to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face- to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGA) ST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " PA_NOI Page 2of6 7196 9006 9296 6908 0814 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN 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 (Brine it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: I GOLDENROD DRIVE CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 03/01/2013 Total Monthly Payments Due: $3,170.70 Late Charges: $802.05 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $586.30 Unapplied Balance: $( 0.00) TOTAL AMOUNT PAST DUE: $4,559.05 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,559.05 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable an d sent to: Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067 -4177 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 mortgased property L 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 PA N01 Page 3of6 7196 9006 9296 6908 0814 � u legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to 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 Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in 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 Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nationstar Mortgage, LLC Address: 350 Highland Drive Lewisville, TX 750674177 Phone Number: 1-888- 480 -2432 Fax Number: 1- 972 - 315 -6827 Contact Person: Ellery Wheaton E -Mail Address: customer .service @nationstarmaii.com 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 X may or _ 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 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 (3) TIMES IN ANY CALENDAR YEAR) PA_NOI Page 4of6 7196 9006 9296 6908 0814 • 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 CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof; if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Ellery Wheaton Assigned Foreclosure Prevention Specialist Nationstar Mortgage, LLC 1- 866 - 316 -2432 ext. 2404597 350 Highland Drive Lewisville, TX 75067 -4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER. PA Page 5of6 7196 9006 9296 6908 0814 q 4 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Rcpoct last updated: 03/20/2013 02:18 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Conunission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of YorklY Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 -342 -2397 HC Page 6of6 7196 9006 9296 6908 0814 ----------- ._......... ...... ...... ........._. ..... ......_...,........... .._...._ „- ............................. I VERIFICATION li Evie Nguyen hereby states that he /she is Assistant Secretary I, I I of Nationstar Mortgage, LLC, servicing agent for Plaintiff, in this matter and is authorized to is make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and i I; belief. I 4: f: The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. is i . I 3 Name. guyen DATE: 02 6 Title: Assistant Secretary l I: Company: Nationstar Mortgage, LLC r? i. I Y S & D FILE NO: 13- 043401 i Ian C. Sorkin and Renee Sorkin �s 1S t' I; f'? FORM 1 : IN THE COURT OF COMMON PLEAS OF Nationstar Mortgage LLC f/k/a Centex Home Equity CUMBERLAND COUNTY, Company, LLC ; PENNSYLVANIA Plaintiff(s) VS. Ian C. Sorkin 1 Goldenrod Drive -- Carlisle, PA 17013 - <� - .r Renee Sorkin ES 1 Goldenrod Drive Carlisle, PA 17013 DEFENDANTS ' Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which. must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: SHAPIRO & DeNARDO, LLC ' 1 0 0 kr� � Date At6meys for lai tff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BOR R OWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: I $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: Please only include expenses you are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food T Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. Payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m financial situation for possible mortgage options. I /We understand that I /We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF Nationstar Mortgage LLC f/k/a Centex Home Equity CUMBERLAND COUNTY, PENNSYLVANIA Company, LLC PIaintiff(s) vs. Ian C. Sorkin 1 Goldenrod Drive Carlisle, PA 17013 Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 DEFENDANTS Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date ti Signature of Defendant Date I y FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20, the. defendantiborrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendantiborrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendantiborrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaintiff) Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: PrimM Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1, 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: Please only include ex enses you are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I /We understand that I /We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith "t t `-V r Chief Deputy . Richard W Stewart Solicitor Tt-r�4RJP Nationstar Mortgage LLC vs. Case Number Ian C Sorkin (et al.) 2013-5740 SHERIFF'S RETURN OF SERVICE 10/04/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 1 Goldenrod Drive, Middlesex Twp, Carlisle, PA 17013. There are no other occupants other than the defendants. 10/04/2013 10:30 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Renee Sorkin, Wife, who accepted as"Adult Person in Charge"for Ian C Sorkin at 1 Goldenrod Driv Middlesex Twp, Carlisle, PA 17013. LAM CLINE, DEPUTY 10/04/2013 10:30 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Renee Sorkin at 1 Goldenrod Drive, Middlesex Twp, Carlisle LIAM CLINE, DEPUTY SHERIFF COST: $66.78 SO ANSWERS, October 07, 2013 RbNW R ANDERSON, SHERIFF FORM 3 NATIONSTAR MORTGAGE, LLC IN THE COURT OF COMMON PLEAS, F/K/A CENTEX HOME EQUITY CUMBERLAND COUNTY, COMPANY, LLC PENNSYLVANIA Plaintiff v. NO.2013-5740 CIVIL TERM IAN C.SORKIN a l Goldenrod Drive L.,: Carlisle, PA 17013 { • RENEE SORKIN • �?' cp t `. 1 Goldenrod Drive Carlisle, PA 17013 Defendants • REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is Defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Iz/-If)? George F. Doug as, III, sq. Date Defendant's Counsel/Appointed Legal Representative budi Ian C. Sorkin, Defendant Date 1--( i 10)1 1-3 Rene Sorkin, Defendant Date CERTIFICATE OF SERVICE I, George F. Douglas, III, Esq., of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing document was served this date by depositing the same via United States mail, first class mail,postage prepaid, and addressed as follows: Caitlin M. Donnelly, Esq. Shapiro &DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Date: 17-/ 7 /13 'II- 'George F. Douglas, III squire NATIONSTAR MORTGAGE, LLC IN THE COURT OF COMMON F/K/A CENTEX HOME EQUITY PLEAS, CUMBERLAND COUNTY, COMPANY,LLC PENNSYLVANIA Plaintiff . • v. NO. 2013-5740 CIVIL TERMf_, e., • IAN C. SORKIN and rn _,_ ° m RENEE SORKIN -: 1 Goldenrod Drive C, Carlisle, PA 17013 <c., _-' Defendants �' i = PRAECIPE TO ENTER APPEARANCE --I k_ TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, Ian C. Sorkin and Renee Sorkin, in the above-referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. Date: 7 13 N116. !..,_ George F. Douglas, III, 'squire Attorney ID#61886 Salzmann Hughes, P.C. 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Defendant CERTIFICATE OF SERVICE I, George F. Douglas, III, Esq., of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing document was served this date by depositing the same via United States mail, first class mail,postage prepaid, and addressed as follows: Caitlin M. Donnelly, Esq. Shapiro &DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Date: I 7 113 By: ‘ 11 George F. Douglas, III Esquire In Forma Pauperis Form NATIONSTAR MORTGAGE, LLC IN THE COURT OF COMMON F/K/A CENTEX HOME EQUITY PLEAS, CUMBERLAND COUNTY, COMPANY,LLC • PENNSYLVANIA Plaintiff v. • NO. 2013-5740 CIVIL TERM, ` IAN C. SORKIN and r= ` rrirr RENEE SORKIN • 1 Goldenrod Drive n Carlisle, PA 17013 Defendants ' ==• PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, IAN C. SORKIN AND RENEE SORKIN, husband and wife, Defendant, to proceed in forma pauperis. I, George F. Douglas, III, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. George F. Douglas, III, Esquire, Attorney for Defendant Salzmann Hughes, P.C. 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717)249-6333 FORM 4 NATIONSTAR MORTGAGE, LLC • IN THE COURT OF COMMON PLEAS, F/K/A CENTEX HOME EQUITY • CUMBERLAND COUNTY, COMPANY,LLC PENNSYLVANIA Plaintiff • v. NO. 2013-5740 CIVIL TERM IAN C. SORKIN 1 Goldenrod Drive d-) Carlisle, PA 17013 • rw RENEE SORKIN • • r- 1 Goldenrod Drive w Carlisle,PA 17013 <c-∎ Defendants • c __ CASE MANAGEMENT ORDER AND NOW, this /6 6/ day of_o_LtikA2, 2013, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on giAtt4V/ydd/Yat 3 ;3J' P.M. in efeleviratao ti at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one(21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement;paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT • • J. trekilF4, 01-47 a. I40„...a7c A /n//3 FORM 3 NATIONSTAR MORTGAGE, LLC IN THE COURT OF COMMON PLEAS, F/KJA CENTEX HOME EQUITY CUMBERLAND COUNTY, COMPANY, LLC : PENNSYLVANIA Plaintiff v. NO.2013-5740 CIVIL TERM IAN C. SORKIN • _ a l Goldenrod Drive • ,o Carlisle, PA 17013 =rrl ,�-`rl' �. • RENEE SORKIN • -< ► r_ 1 Goldenrod Drive • a . r Carlisle, PA 17013 • Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28,2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is Defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. George F. Doug as, III, sq. Date Defendant's Counsel/Appointed Legal Representative - , 1) I_7 I Ian C. Sorkin, Defendant Date )1,02f1A Igh 1-5 Rene Sorkin, Defendant Date CERTIFICATE OF SERVICE I, George F. Douglas, III, Esq., of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing document was served this date by depositing the same via United States mail, first class mail,postage prepaid, and addressed as follows: Caitlin M. Donnelly, Esq. Shapiro &DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Date: I-01 /13 By: o �__ • �-- George F. Douglas, III squire NATIONSTAR MORTGAGE, : IN THE COURT OF COMMON PLEAS OF LLC, F/K/A CENTEX HOME : CUMBERLAND COUNTY, PENNSYLVANIA EQUITY COMPANY, LLC, Plaintiff : CIVIL ACTION-LAW : NO. 13-5740 CIVIL Vs. • IAN C. SORKIN and RENEE SORKIN, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this /f r day of February, 2014, it appearing that the required submissions have only recently been made and the position of the plaintiff in this matter is unknown, the conciliation conference with council is continued generally and the matter to be reset forthwith at the request of either party. BY THE COURT, 74-14L Kevi A . Hess, P.J. Caitlin M. Donnelly, Esquire 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 For the Plaintiff ./George F. Douglas, III, Esquire 354 Alexander Spring Road, Suitel , Carlisle, PA 17013 2 For the Defendants - -"" -� rncv a-= O) :rim cp cad CD 1 QS aa 1 -D, a/ACV/V -4 al NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, Plaintiff Vs. IAN C. SORKIN and RENEE SORKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-5740 CIVIL ; MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this /3 day of March, 2014, at the request of counsel for the plaintiff, a continued conciliation conference is set for Wednesday, April 16, 2014, at 3:15 p.m. in Chambers of the undersigned. David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff .eorge F. Douglas, III, Esquire 354 Alexander Spring Road, Suitel Carlisle, PA 17013 For the Defendants :dm • BY THE COURT, NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, Plaintiff Vs. IAN C. SORKIN and RENEE SORKIN, Defendants • • IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 13-5740 CIVIL : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this / 4 day of April, 2014, at the request of counsel, a continued conciliation conference is set for Friday, May 16, 2014, at 1:45 p.m. in Chambers of the undersigned. /David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff /George F. Douglas, III, Esquire 354 Alexander Spring Road, Suitel Carlisle, PA 17013 For the Defendants Arnone Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 BY THE COURT, NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, Plaintiff Vs. IAN C. SORKIN and RENEE SORKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-5740 CIVIL : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 1" M day of May, 2014, on relation that the defendants have entered into a loan modification agreement, conciliation herein is continued generally and the matter to be relisted, if necessary, at the request of either party. BY THE COURT, BradleyJ. Osborne, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 For the Plaintiff gorge F. Douglas, III, Esquire 354 Alexander Spring Road, Suitel Carlisle, PA 17013 For the Defendants SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043401 Nationstar Mortgage LLC f/k/a Centex Home COURT OF COMMON PLEAS Equity Company, LLC CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY rn VS. NO: 13-5740 Ian C. Sorkin and Renee Sorkin -r) 4. DEFENDANTS PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. Date: BY: SHAPIRO & DeNARDO, LLC - 2 Attorneys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043401 Nationstar Mortgage LLC f /k/a Centex Home COURT OF COMMON PLEAS Equity Company, LLC CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. Ian C. Sorkin and Renee Sorkin DEFENDANTS NO: 13 -5740 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Ian C. Sorkin 1 Goldenrod Drive Carlisle, PA 17013 Renee Sorkin 1 Goldenrod Drive Carlisle, PA 17013 Salzmann Hughes, P.C. 354 Alexander Spring Rd. Suite 1 Carlisle, PA 17015 Date: C- Z/t' q BY: SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff