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HomeMy WebLinkAbout05-0796 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen D. Little / I.D. No. 79992 Kevin P. Diskin ( I.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. File No.05-12008 Loan No. 0002224962 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. L) S- -791n CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVEBEEN SUED IN COURT. IFYOU WISH TO DEFEND AGAINST THE CLAIMS SETFORTH IN THE FOLLOWING PAGES, YOU MUST TARE 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 WARNEDTHAT IFYOU FAI.TO DO SO THE CASE MAYPROCEED WITHOUT YOU AND AJUDGMENT 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 LASE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Sheet Carlisle, P A 17013 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARC HI VAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SO PERSONA. SEA AVISADO QUE SI USTED NO SE DERENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED) SIN PREVIO AVISO 0 NOTIFICACION O FOR CUALQIER QUEJA O ALIVIO QUE ESPEDIDOENLAPETICIONDEDEMANDA. USTEDPUEDEPERDERDINERO, 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 PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LIME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ARAM PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service (717) 249.3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen D. Little, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 *THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC1, is the holder of a mortgage as below described. (b) Select Portfolio Servicing Inc., is a corporation having been organized under the laws of the State Of Utah and having its principal place of business at 3815 South West Temple, Salt Lake City, UT 84115. (c) Select Portfolio Servicing Inc. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business. 2. (a) Defendant George T. Thomson is an individual whose last known address is 16 Cold Springs Road, Carlisle, PA 17013. (b) Defendant Debra A. Thomson is an individual whose last known address is 16 Cold Springs Road, Carlisle, PA 17013. (c) Defendant George T. Thomson holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Debra A. Thomson holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 16 Cold Springs Road, within the Township of Dickinson, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on April 23, 2001 and was recorded on May 29, 2001 in Mortgage Book 1710, at Page 586. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Public Savings Bank Assignee: Alliance Funding Recording Date: 11/26/2001 (Assignment) Book: 682 At Page: 2839 Assignor: Alliance Funding Assignee: LaSalle Bank National Association, as trustee Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(8), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $1,252.79 on May 1, 2004, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $127,187.49 (b) Interest due and owing at the rate of 11.25% calculated from the default date above stated through April 30, 2004 1,192.38 (c) Interest due and owing at the rate of 10.25% From May 1, 2004 to February 15, 2005 10,246.89 Interest will continue to accrue at the per diem rate of $39.20 through the date on which judgment in rem is entered in Plaintiffs favor. (d) Escrow Advances made by Plaintiff Mortgagee on 3,108.40 behalf of Defendant mortgage account (e) Property inspections as a recoverable 1,374.43 expense under the mortgage terms (f) Suspense <111.75> (g) Court Costs and fees as recoverable under the mortgage terms, estimated 300.00 (h) Attorneys' fees 6,359.37 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $149,657.21 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiffs actual attorneys' fees (calculated at counsel's hourlyrate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C, et seq.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendants have failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC I, demands: -- Entry of judgment in rem against the Defendants above named in the total amount of $149,657.21 as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esqt Attorney for Plaintiff Attorney I.D. No. 53C LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.F.L.S., dated June 3, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 59, Page 128, as follows: BEGINNING at a point in the centering of Cold Spring Road T-356, at corner of Lot No. 7 on said Plan; thence along Lot No. 7. South 77 degrees 41 minutes 20 seconds West 315.40 feet to a steel pin as Lot No. 7 on Plan: thence along Lot No. 7 on Plan. North 12 degrees 18 minutes 40 seconds West 150.00 feet to a steel pin common to Lots 7, 8, and 9 on Plan: thence along Lot 9, North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point in centerline of Cold Spring Road: thence along Cold Spring Road T-356, South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 1.086 acres and designated as Lot No. 8 on Plan of Cold Spring Meadows COMMONLY known as: 16 Cold Spring Road, Carlisle, PA 17013 TITLE IS VESTED IN: George T. Thomson and Debra A. Thomson, by Deed from Kimba, hie. dated 07/3011993, Recorded 08/03/1993, Book 36L, page 275 € EXIT After Remrdlng Reim Ta: PUBLIC SAVINGS BANK 2300 COMPUTER AVENUE, #H-92 WILLOW GROVE, PENNSYLVANIA 19090 Abwe Tan Lim For R aril # LOAN NO. 0004895605 MORTGAGE DEFINITIONS Words used in multiple sectiom of this documem are delhed below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used to this document are also provided to Section 16. (A) "Security Instrument" mean this document, which Is dated APRIL 23, 2001 together with all Riders to this document. (B) "Borrower" Is GEORGE T THOMSON AND DEBRA A THOMSON Borrower is the mortgagor under this Security Instrument. (C) "Lender" is PUI3LIC SAVINGS RANK Leader IS A PENNSYLVANIA CORPORATION organized mid existing under the laws of PENNSYLVANIA . Lender's address is 2300 COMPUTER AVENUE, #H-42, WILLOW GROVE, PENNSYLVANIA 19090 Lender is the morigagm under ibis Secudly instrument. (D) "Note" morns the promissory note signed by Borrower and dated APRIL 23, 2001 The Note states that Borrower owes Lender ONE HUNDRED TWENTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE: AND NO1100 Dollars (U.S. $ 128, 985.00 ) plus interest. Borrower has promised to pay dels debt in regular Periodic Payments and to pay the debt In full not later than MAY 1, 203; (E) "Property" means the property that is described below udder the heading "Transfer of Rights in the Property." (F) "Loan" meant the debt evidenced by the Note, plus interest, any prepayment charges and late Charges due mules the Note, and all sums due under this Security Instrument, plan Interest. (G) "Riders" means all ciders In this Security Instrument that we executed by Borrower. The following elders are to be executed by Borrower Icheck box as applicable): ADDENDUM TO SECURITY INSTRUMENT Ad)unable Rate Rider ? Condominium Rider ? Second Home Rider Balloon Rider ? Planned Unit Development Rider © Other(s) Ispecify] ? li Fundy Rider ? Biweekly Payment Rider LEGAL ATTACHED (M "Applicable Law" means an controlling applicable federal, state and local statutes, mgulations, ordinances and admioistn0ve rules ad orders (flat have the effect of law) ns well as all appliable final, nonappeahnble Judicial oplolons. (1) "Community Association Dues, Pees and Assessments" meant all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homemwners association or similar organization. IelQ1SYLYAHa -AyNFaWF.FbY WR.db art aNrfOPII1Ml'MUtlYN! Fv ] Im vvAana.oi"wr umaez+a eyFidn EXHIBIT 04/26/2001 23:40 7179397339 AD?,ANCED ABSTRACT PAUL-, utb INCLUDED IN AND FORMING PART OF _A SECURITY TITLE GUARAMTEE CORPOI, JJON OF BALTIMORE COMMITMENT NO.Og07" PILE 0 446 SCHEDULE C N.L that certain greet of lend oltwts is Dickinson Township, Oso?ecland County, pennsylvanls, ?ou:ded and assera?af de accordance with a plan prepared W sooner Lee Decker, R.T.L.S., dated June 1. 1989 and recorded is the Office of ilia Recorder of %%.41 for 0..0eorlan9 tounty is Plan Deal, 30, Poor 12l. as tollo"I 0=1N81NC of a point Lm the etntarline of Cold Sprint 80:d T•136, at corner at Lot No. 7 0o said 71ant ehone* alocg Lot We. 7. South 77 dogtrot 41 minutes 10 oaeoRds Hest 111.60 lost to a stool pln At Lac No. 7 on Mal thence sloog tat No. 7 up Plan, North ll degrees It %twatts 40 seconds Yen 130.00 feet to a stool p$n common to Lots 7, / and 9 an Plan; thence along lot 9, North 17 degrees fl nlaottt 20 seconds gut lts.40 feet to a potat to eenterlloe of Cold Spring Road; tenets alts8 Cold String Read T-356, Seurt, If deseuo 18 aleures 40 seconds rest 150,00 fans to d polar, the Place of aLCINNINC. CONUININC 1.895 acres and desltnated as Lot Rn. I all Plan It Cold Sprint Neadown. BEING THE SAME PREMISES WHICH Kimba, Inc., A Corporation, DC, by their deed dated July 30, 1993 and recorded August 3, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 36L Page 275, granted and conveyed unto George T. Thomson and Debra A. Thomson, his wife. (J) "Electronic Funds Transfer" mews any transfer of funds, other than a transaction origio dedby 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 Isdlution to debit or credit an account. Such term includes, but is not limited to, pomt.uf-sale transfers, automated teller machine transactions, trmufers initiated by telephone, whe transfers, and automated clearinghouse tcanafers. (R) "Farrow items" morns rkose Items that are described in Section 3. (l.d "Miscellamos Proceeds" means any compensation, settlement, award of damags, or proceeds paid by any third parry (other than insurance proceeds pant order the coverages described In Section 5) for; (1) damage to, or destruction of, the Properly; (10 condemnation or other taking of all or any part of the Property; (111) corweyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/" condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lend" against the nonpayment of, or default no, the Lean. (N) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the Note, plus (0) any amounts under Section 3 of this Security Instrument. (0) "RESPA" mum the Real Estate Settlement Procedures Act (12 U.S.C. Section 2001 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they mk& be amended from time to time, or my addmaned or success" legislation or regulation that governs the same subject matter. As used in ids Security lsltument. "RESPA" refers to all requirements and restrictions teat are Imposed In regard to a "federally related mortgage loan" even If the Lou does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor m Interest of Baramwer" means any party that has taken Cite 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 secures to Lender: (t) the repayment of the Loan, and all renewals, exlerWos and momcados of the Note: and (ii) the performance of Borrower's covemus and agreements under this Security Instrument aal the Note. For this purpose, Borrower does hereby morgage, grant and convey to Leader the following described property located in the COUNTY of CUMBERLAND (Type or nemWing Jurladudonl (Name of near ft Jmdadkuml LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currency has the address of 16 COLD SPRINGS ROAD lsom0 CARLISLE ,Pennsylvania 17013 ("Property Address"): [CRY] 171P Cam TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances. and fixtures now or hereafter a par of the property. AB replacements and additos shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." eamOYLVMM-SM1ae F.W.,- ?AWFn Mare Wm MACK=RR. env rmo wh ,;nawre.maa+e eirsa.rars? r.QaMn BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed ant 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 uuffmm covenants for national ase and nmautiforea covenants with limited variations by jurisdicdoa to conatimte a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay foods for Escrow items pursuant to Section 3. Payments due under the Note and this Security Wwment shall be made in U.S. currency. However, If any check or other Instrument received by Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require (hat any or all subsequent payments due under the Note and this Security Instrument be made in ona or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified claed, bank check, treasero'scheck or cashier's check, provided any such cbeck is drawn upon a institution whose deposits are Insured by a federal agency. Iususmmemilly, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader when received at the location designated In the Note or at such other location as may be designated by Leader in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment If the payment or partial payments are Insufficient to bring the Loan current. Leader may accept any payment or partial payment insufficient to bring the Loan current, without watver 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 unapplfed foods until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader shag 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 Nate Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Nom and this Security Instrument or performing the covenants and agreements secured by this Security ]nsnument. 2. Applicadan of Payments or Proceeds. Except as uthenvise described In this Section 2, all payments accepted and applied by Feeder shall he applied in the following order of priority: (a) Interest due under the Nom; (b) principal due under the Nom: (c) amounts due under Section S. Such payments shall be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall be applied first to lam charges, second to any other amounts due under this Sew" Instrument, and the to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amaal to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. H more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If. and to the extent that, each payment can be paid in fall. To the extent that any excess exists after the payment is applied to the full paymem of one at more periodic Payments, such excess may be applied te any late charges due. Voluntary prepayments shah be applied first to any prepayment charges and than as described in the Note. Any application of payments. Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone We due date, or change the amoral, 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 "Fads") m provide for payment of amounts due for: (a) taxes and assesoments am other Items which can attain Priority over this Security Imu Brent u a lien or encumbrance on the Property; (b) leasehold Payments or ground rents on the Property, R any; (rj premluma for any and all Insurance required by Leader ceder Section 5; and (d) Mortgage insurance premiums, if my, or any sums payable by Burrower to Lender in flea of the paymeot of VWAX6VANIA-a1M4 r1"r']'Fw?114Jh,W air IM1llMAl A'SIAIIMINI ire LU Ire UVAy1 L,ngryp X11 H.11t6] y,ael pill Mortgage htsur mse premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at my Ouse during the term of the Loan, Lender may require that Community Assocle0ou Does, Fees and Assessments, if any, be escrowed by Borrower, and sack does. fees and assessments shall be an Escrow Item. Borrower shag promptly furnish m Linder all makes of amounts to be paid under this Section. Borrower shall pay Lender the Foods for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay m Lender Foods for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of sack 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 Linder receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and in provide receipts shall for all purposes be deemed to be a covmwul and agreement contained in this Security Instrument. as the phrase "covenant and agreement" is used in Section 9. If Borrower Is obligated to pay Escrow Inner directly, pursmat to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount end Borrower shag than be obligated under Section 0 to repay to Lender any such amount. Lender may revoke the waiver as many or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pry to Lender all Funds, and In such amounts. that are then required under Witt Section 3. Leader may, at any time, collect and hold Funds In an amount (a) sufticlem to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Leader shaft estimate the amount of Funds due on the basis of carrem 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 are insured by a federal agenry, Instrumentality, or entity (Including Leader, If Lender is an Institution whose deposlts am so insured) or in any Federal Home Loan Bank. Leader shall apply the Foods to pay the Escrow Items no hoer than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Fonds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest an the Funds and Applicable Law permits Lender to maize such a charge. Unions an agreement is made in writing or Applicable Law requires Interest to be paid an the Foods, Lender shall not be required to pay Borrower any Interest or earnings on the Funds, Borrower and Lender can agree In writing, however. OW interest shall be paid an the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RPSPA. If there is a surplus of Fonds held in escrow. as defined under RESPA, Leader shalt account to Borrower for the excess foods in accordance with RESPA. If there is a shortage of Foods held in escrow, as defined under RESPA. Lender shag notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, bin In no more than twelve monthly payments. If there Is a deficiency of Foods held in escrow, as defined under RESPA, Leader shah notify Borrower a required by RESPA, ad Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but In no more than twelve a umbly payments. Upon payment In fail of all sums secured by this Security Instrument, Under shall promptly refund to Burrower my Furls held by Leader. a. Charges; Lima. Bortawer shall pay all taxes, assessments, charges, funs, and impositions attributable to the property which an attain priority over this Security Imtrumem, leasehold payments or ground rents on the Property, if my, and Community ASanClatiarm Dues, Fees, and Assessments, if my. To the extent that these hems are Escrow Items. Borrower shall pay them hr the manner provided In Section 3. Borrower shall pmmpdy discharge any lien which has priority aver this Security Bostromem 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 limn In good falth by, or defends against enforcement of the Ben in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such prouedlogs are concluded; or (c) secures from Oa hairier of the lieu an agreement saiddactary, to Lender subordimnling the Ben to this Security Instrument. If Lender, deter does that my part of the Property is subject m a Ben which ran attain priority over this Security Instrument, Leader may give Borrower a notice identifying the Ben. Within 10 days of the date on which that mHke is give, Borrower shall satisfy the lien or take one or mine of the actions `RN LV.WmA-8pae Pxiy-PepktlWPnJiWlamaxa mn}'araJam FY XUZ NI nmamorawow r,r.maa nua.rRrar Lender may require Borrower m pay a aw-lime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Iosaraoce. Borrower shall keep the Improvements now vdsthtg or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage: and any other hazards includleg, but not Embed to, earthquakes and floods, fm which leader requires Insurance. This Insurance shall be maintained In the amounts (Including deductible levels) and for the Palo& that Lender requires. What Lender requhes pursuant to the preceding sentences can change during the tam of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either. (a) a onetime charge for flood zone determination, certification and tracking services; or (b) a one8me charge for flood zone determination and certification services and subsequent charges each time remapptogs or similar changes occur which reasonably might affect such deteraWwtfoo or certification- Borrower shalt also be responsible for the payment of any fees bupmd by the Federal Emergency Managgement Agency In connection with the review of any fund zone determination matting farm an objectless by Borrower. If Borrower fails to maintain any of Ike coverages described above. Leader may obtain knorance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any Particular type or warm of coverage. Therefore, such rmerage shall cover fender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Properly, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall became additional debt of Borrower secured by this Security Instrument, These amounts shall bear lateral at the Note rate from the date of dishursemeat and shell be payable, with such interest, upon notice from Leader to Borrower requesting payment. Ali insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shag more Lender as mortgagee and/or as an additional Ion payee. Lender shall have the right to hold fie policies and renewal certificates. If leader nqutres, Borrower slag promptly give to Lender all receipts of paid premiums and renewal antics. If Borrower obtains any form of Insurance coverage, not otherwise repaired by Lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage time and shall name Lender as mortgagee "or as an additional loss payee. In the event of loss, Borrower s1a11 give prompt notice to the Insurance carrier and Lender, Lender may make proof of Ion if not made promptly by Borrower. Volans Leader and Borrower otherwise agree in writing, any Insurance proceeds, whether or reset the underlying insurance was required by Lender, shall he applied to restoration or repair of the Property, if the resioradoo or repair is economically feasible and Leader's security is ant lessened. During such repair and resoraton period, Leader shag have the right to hold such Insurance proceeds and! Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly, tender may disburse proceeds far the repairs and restoration In a single payment or In a serks of progress payments an the work Is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fes for public adjusters, or other tkkd parties, retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Harrower. If tike rsmntion or repair is coot economically feasible or Leader's security would be lessened, the insurance proceeds shah be applied to the soaks secured by this Security lustrumem, whether or not then due, with the excess, If any, paid to Borrower, Such Insurance proceeds shall be applied in Ike order provided far In Section 2. If Borrower abandons the Property, Lends may file, negotiate and settle any available irsmance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has offered m wade a clam, than tender may mgodate and settle the claim, lire 30-day period will begin when the notice is given. in either event, or if fender acquires the Property under Section 22 or otherwise, Borrower hereby assign to Lender (a) Borrower's rights to any Insurance proceeds In to amount not to emceed die 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, lawfar as such rights are applicable to the coverage of the Property. Lender nay use the insurance proceeds either to repair or restore she Property or to pay amounts unpald under the Note or this Security Instrument, whether or n al then due. PNpSVLVAN4-Pad,P,?a)-PYelrliMl,d6 MS MIMMASlaeNaNr F Pa NI UIPA10b.MOpW e1SSJ.titei "Sal, 6. Occupancy. Borrower shad occupy, establish. and use the Property as Borrower's principal residence within sixty days after rite execution of this Security Instrument end shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees to writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Mahueoame and Protection of the Property: Irnpecdlons. Borrower shad not destroy, damage or impair the Properly, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shad maintain the Property In order m prevent the Property from deteriorating or decreasing in value due to Us condition. Unless it is determined porsumt to Section 6 that repair a restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid fadber deterioration or damage. If Insurance or condemmtmo proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shelf, be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the walk is completed. If the heamance or candeametion proceeds are not sufficient to repair w restore the Property, Borrower is not relieved of Borrower's obligation for ore completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and Impectious of the Property. If it has reasonable cause, Leader may inspect the interior of the improvements on the Property, Lender shad give Borrower mace at the time of or prior to suck an Interior Inspection specifying such reasonable cause. g. Borrower's Lima AppBeathea. Borrower shad be in default ff, during the Loan application process, Borrower or any persons or euddes acting at the direction of Borrower or with Borrower's knowledge or conseal gave materially false, misleading, or Inaccurate information or statements to Lender for faded to provide Lender with matertal Information) to connection with the Lon. Material represeanekals include, but are not Valued to, representations concerning Borrower's occupancy of the Property as Bmmwef's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Lhstruruant. If (a) Borrower fails to perform the covarmals and agreements contained in rids Security Instrument. (b) there is a legal proceeding that might significantly affect Leader's Interest In the Property and/or rights under this Security lase um mit (yuck n a proceeding In bankruptcy, probate, for coudemmtion or forfeiture, for adarcemew of a den which may attain priority over this security lostturcent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay fm whatever is reasonable or appropriate m protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assening the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not dmlted lo: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable atmrnays' fees to protect Its interest in the property and/or tights order this Securltylestrumenl, Including its secured position in a bankruptcy proceeding. Securing the Property Includes, but is not f,ntited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, etimlmase building or other code violations or dangerous conditions, and have utilities tuned an or off. Although Leseler may take actlon under this Section 9, lender does tut have to do so and Is not order any duty or obligation to do an. It In agreed that fender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amount disbursed by Lender wider this Section 9 shad become additional debt of Borrower secured by dds Security Instrument. These among shad bear interest at the Note rate from the date of disbursement and slab be payable, with such interest, upon notice from Lender m Borrower requesting payment If this Security Instrument is an a leasebold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the. fee tide shall not merge unless Lender agrees to the merger in writing. nxmnVAJUA a,µra,ey- era rsde..ao. ?uarmue iYrhxaMFar e.m IDA w umawm.oamsa n163.+2r67 a.aaan to. Mortgage Insurance. If Lender required Mortgage Imurance as a mndhim of making the Lam, Borrower SW 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 coverage substandally equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Nuance coverage Is not available, Borrower shall condone to pay to Lender the summit of the separately designated payments that were due when the hrsurmce coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such low reserve shall be non-refundable, mtwithstamling the fad that the Loan is uldmately paid in fug, and Lender shall not be required to pay Borrower any Interest or eamings on such loss reserve. Lender can no longer require low reserve payments If Mortgage Insurance coverage (hr the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a mmBdon of making the Loco and Borrower was required to make separately designated payments toward die premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a nonrefundable low reserve, will Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing In this Section 10 affects Bortower's obligation to pay interest at the rate provided In dre Note. Mortgage Insurance reimburses Lender (or my emhy that purchases the Note) for certain ]owes it may incur if Borrower does tot repay the Lam as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from thin to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements me OR terms and conditions that are satisfactory to the mortgage insurer and the other party (a parties) to these agreements. These agreements may requite the mortgage insurer to make payments using my 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, Leader, any purchaser of the Note, another insurer, any reimurer, any other entity, w any affiliate of my of the foregoing, may receive (directly or Indirectly) amounts that derive from (or might be characterhed as) a portico of Borrower's payments fw Mortgage Insurance, in exchange for sharing or modifying the mortgage town's risk, or reducing losses. If such agreement provides that an of iltate of Lender takers a sham of the isomer's risk to exchange for a share of the pwzwu paid to the Walter. the arrangement is often termed "captive reimufance." Further: (a) Any such agreements will sot affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will rot increase the amount Borrower will awe for Mortgage Insurance, and they will not entitle Borrower to any refund. (h) Any such agreements will not affect the rights Borrower has -Many -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law. These rights may include the right to recetvm certain disclumm. to request and obtain rancdiadm of the Mortgage Immance, to have the Mortgage Insurance terminated aummadcalty, and/or to receive a refund of my Mortgage Insurance premiums that were unearned at the time of such cancellation or termhmtl0m. It. Assignment of Miscellaneous; Proceeds; Forfeiture. AB MiscelirneousProceeds ere hereby awtgaed to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Pmceedc shall be applied to restoration or repatr of the Properly, if the restoration or repair is ecoaomlcafly feasible and Lender's security is not lessened. During such repair and reams on period. Leader shall have the tight to held such Misceilam tons Proceeds onto Leader has had an opportunity to Inspect such Property to ensue the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken prompdy. Lender may pay for the repairs and restoratiou in a single disbursement or In a series of progress payments as ePNnrY vmik-Shan P, *-quay My/Pn y Unman(N:"Ima r P NQS 141 Ua67•n WP 41lb]2162 gplln the work Is completed. Unless an agreement Is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings no such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or toss In value of the Property, the Mismilmeous 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 die event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediatelybefore the partial taking. destruction, or loss In value b equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds andaphed by the following fraction: (a) the total amount of the sum secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In which the fair market value of the Property immediately before the partial taking, dvshrction, or loss in value Is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by tills Security Instrument whether a not the sums are their due. If the Property is abandoned by Borrower, a if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to saute a claim fa damages, Borrower falls to respond to Lender within 39 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not than due. "Opposing Party" means die third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be M default If any action or proceeding, whether civil or criminal, is begun that, in Lemler'sjudgmem, could result in forfetme of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can care such a default and, If acceleration has occurred, reinstate as provided to Section 19, by musing the action or proceeding to be dismissed with a ruling that, In Lender's Judgaiem, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable w the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shag. 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 amordullonof the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Burrower shall not operate so release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against my Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the soma secured by this Security instrument by reason of my demand me& by &a origiml Borrower or any Successors in Interest of Borrower, Any forbearance by Leader In exercising any right or remedy Including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or In animus less than the amount then due, shag not be a waiver of or preclude the exercise of my right or remedy. raIYNSVr.VanG-nµk PU•ly -ruM Yri,Niy ayt UN1POBN tM•rxUMtlNr Mum. wl UVNOrr.W mbO al lba.lrlar M'My IM 18. Joint and Several Liability, Cosigners: Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obllgallmus and llabtlitysbatl be Joint and several. However, any Borrower who cosigns this Security Instrument but does not execute the Note (a "cosigner"): (a) Is cosigning this Security Instrument only to mortgage, gram and convey the cosigner's Interest m the Property under the terms of this Security Instrument: (b) Is not personally obligated to pay the sums secured by this Security Instrument; amt (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes Borrower's obllga0mts under Ibis Security Instroment to writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Botrower shall not be released from Borrower's obligations and Ulti tty under this Security Instrument unless Leader agrees to such release to writing. The covenants and agreements of this Security Inarumeat shall blvd (except as provided in Section 20) and benefit The successors and assigns of lender. 14. loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest In the property and rights under tbls Security Instrument, including, but not Bathed to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authorily In this Security Instrument to charge a spedfie fee to Borrower shalt rum be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable law. If the Loan is subject to a law which sets maximum loan charges, end 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, than: (a) my such loam charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make lids refund by reducing the principal owed under the Note or by making a dkect payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without my prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of soy such refund nude by direct payment to Borrower will cmnstitute a waiver of my right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Leader In connection with tlds Security Instrument must be in writing. Any notice to Borrower in connection with Onto Security Instrument shall be deemed to have been given to Borrower when nulled by firsl class mail a when actually delivered to Borrower's notice address If sent by other means. Notice to any sae Borrower shag constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unkss Borrower has deslgnateda substlanc orrice address by notice to Lender. Borrowershall promptly unify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, that Borrower shall only report a change of address through that specified procedure. There may be only one designated notice adders under ihts Security Instrument al any one time. Any notice to Lender shall be given by delivering tl or by maffing it by that class mail to Lender's address stated hereto unless Lender has designated another address by notice m Borrower. Any notice in connection with ibis Security lastrument shag not be deemed to have been given to Lender muff actually received by Leader. If any noun 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; SeverabWly; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. Ali rights and obligations contained in this Security instrument are su *ct to any requirements and Bmltations of Applicable Law. Applicable law might explicitly a implicitly allow the parties to agree by contract or it color be slicer, but such silence shall not be construed as a problbhfon against agreement by contract. In the event that any provision or clause of ihls Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which cam be given effect without the conflicting provision. "KnRYLVMM-N bV.,Iy-P MMR M Us"M niravMnr Y.M an VWUMOIWN 41162.11101 p,9113 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding newer words or wards of the feminine gender; (b) words in the singular died mean and include the plural and vice versa; and (c) the word "may" gives We discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shalt be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or it Beae9dal Interest in Borrower. As used In this Section 18, "Interest in the Property" means any legal or beneficial interest to the Property. Including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, IastaBment sales contract or escrow agreement. The intent of which is the transfer of fide by Borrower at a fume date to a purchaser. If all or any part of the Property or any Interest in the property is sold or transferred (a if Borrower is not a natural person ad a beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent. Laodec may require immediate payment in full of all sums secured by this Securby Instrument. However, this option shag raw be exercised by Lender If such exercise Is prohPoHed by federal law. If Lender exercises this option, Lender shalt give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days farm the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security instrument without rather mace or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain c"Ifices, Borrower stall have the right to have enforcement of this Security Imlmmem discontinued at any time prior to the earliest of. (a) five days before sale of the property pursuant to any power of sale contained In this Security Inst ru tent; (b) such other pertud as AppBrzble haw might specify for the termination of Borrower's right In reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays !.ender 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 expenses Incurred in enforcing this Security instrument, Including, but not limited to, reasonable attorneys' fees, pro" inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's Interest to the Property and rights undo this Security Instrument: and (d) takes such action as Lender may reasonably requite to assure that Lender's Interest in the property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by dos Security Instrument, shell continue unchanged. Lender may require thin Borrower pay such reinatatementsums 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 when deposits am insured by a federal agency, instrumenmgty or eudty; or (d) Electronic Funds Transfer. Upon reinstatememby Borrower, this Security Instrument and obligations secured hereby shall remain fully etfecdveas Roo acceleradonhad occurred. However, tits right to reinstate shall not apply in the case of acceleration under Section 18. 70. Suit of Note; Change of Loam Servicer; Notice of Grievance. The Note or a partial imerestin the Note (together with Thls Security Instrument) can be sold one or mare times without prior notice to Borrower. A sale might result in a change to the entity (known as the "Loan Servicer`) that collects periodic payments due under the Note and M Security instrument and performs oUws mortgage Iran servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of tlm Low Servicer unrelated to a sale of the Nom. If there is a change of the Loan Servicer, Borrower will be given written aofice of der change which will sate the mate and address of the new Loan Servicer, The address to which payments should be made and any other information RESPA requires in con wAm with a notice of transfer of servicing. If the Note is sold and thereafter der Loan is serviced by a Loan Servicer other than die purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Service or be transferred to a successor Loan Servicer and are nth assumed by the Note purchaser unless otherwise provided by the Note pmchaaer. MMSYLVANIA -alyNF-Al -ray 11yIf"y4w nNHa 1M1Sial MF Pus l4y rqt uff` b1amw 411U.12767 pw'.4,) Neither Borrower nor Lender my commence, join, or be joined to any Judicial action (as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party hat breached any provision of, or any duty owed by reason of,"Security Instrument, now such Borrower or Lender has sotBed 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 deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Burrower parmaud to Section 22 and the notice of acceleration given to Borrower pursuant to Section ig shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 2I. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are these substances defined as toxic or harardom substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides, volatile solvents, materials containing asbestos or furmafdehyde, and radioactive materials; (b) "Environmental Law" mean federal laws and lam of the Jurisdiction where the Property is located that relate to health, safety or eavtranmental protection; (c) "Environmental Cleanup" includes any response action, remedial action. or removal action, as defined in Eaviroomanual Law; and (d) an "Eavhommeoai Condition" means a condition that can cause, contribute to, or otherwbe trigger as Eavhom ashost Cleanup. Borrower shall cwt came or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or dueaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) thin 1s W violation of any Environmental Law, (b) which antes an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, antes a condition that adversely affects the value of the Property. The preceding two sentences shall no apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances list are generally recognized to he appropriate to normal residential uses and to maintenance of the Property (Including, bat no limited to, hazardous substances In consumer products). Borrowor shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Eavirumnental Law of which Borrower has actual knowledge, (b) any Eavionmemal Condition, including but not limited to, any spilling. leasing, discharge, release or threat of release of any fluardom Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or my private party, that any removal or other remedialou of my Hazardous Substance affecting the Properly is necessary. Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Noting herein shag create any obligadon on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant aad agree as follows: 22. Acceleration; Remedies. Lender shag give notice to Borrower prior to acceleration foBovdng Borrower's breach of any covemant or agreement in this Security Instrument (but no prior to acceleration under Section lg unless Applicable Law provides o(herwise). Lender shall notify Borrower of, among other things: (a) the default (b) the action required to core the default (c) when the default meat he owed; and (d) that fallure to core the default as specified may result in acceleration of the smsmsecused by this Security Instrument, foreclosure byjudkWl proceeding and sale of the Property, Leader shall further Worm Borrower of the right to reinstate after acceleration and the right to assets in the foreclosure proceeding the renexhtence of a default or any other defense of Bmsower to acceleration and foreclosure. H the default is not cured as specified, Lender at its option may require Immediate payment In fall of all auma secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judlciai proceeding. Leader shall be entitled to collet all expenses incurred in pursuing the remedies provided In this Section 22, Including, Ito' and halted to, attorneys' fen and coats of dtle evidence to the extent permitted by Applicable Law. MSMYLV.w1A.%,, papy-iamAaWP,dY Y,e eNIPoRY pTrpUMMT .. M 29. Release. Upon payment of all sums seared by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Auer such occurrence, Leader shall discharge and sourly this Security Instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing tids Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable law. wolves and releases any error or defects in proceedings to enforce this Security Instrument, and hereby wolves the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attactumml. levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reitatate provided In Section 19 shall extend to note hour prior to the co unam emeat of bidding at a sherBf's sak or other sale pursuanl to this Sewity 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 he a purchase money mortgage. 27. Interest Rate After 3udgmeat. Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terns and cavernous contained in this Security Instrument and in any rideer(s1)executed -byy Boo rroolwwu and recorded with it. Witnesses: y' XIJK-? JL?`-' (Seat GE10R E T OI450N Barrowec Ti ONBo eA rrmVer (Seal) T Borrower ?.?.__?._ (Seat) Borrower (Seal) Borrower (wall Borrower Certificate??of? esid ?j t, [, 6 Si - I 4 OS Gi l ,n do hereby cerlffy that ate I address f e w -samed Lemler isr ? t'T7 11 4?? jj1?' ye Witness my hand this t?9?_".?d`ay' _af (ri f To GvCJ f n - G, Agent of Lender raNHSYLYiala -91yMrear-r...pyWY,.AY,M.•mnaVlnM msrrtwlrrr a non] Im UnATlM.I2 Nf0 b116b.121fl) Pp l2ala ISpato Blow Th4Lino For Achaowledpmmtl COMMONWEALTH (OF PENNSYLVANIA/, C???? County ss: On thisy'Ihe C230day of beforre? me, the undersigned officer, penomdly appeared known to me?(oc satisfactorily proven) to be the person whose name / subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hermmto set my band and ofliclal seal. My Commission Expires: Hoomer k ". Naary Pub9c MF S "2 Title of Officer Cmmoan Q.- "V I at«rox.Paauyueaaaveaaaweanumnea vewar VMIA-soµvcay-a.marw,.oa law uevonw mutaaovr va,?ww M W?h9.IbWA 91151ta19I PM ISt(19 ISELC r 1JT Port o1r'o SE ,ICING, inc. September 14, 2004 GEORGE THOMSON DEBRA THOMSON 16 COLD SPRINGS ROAD CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This h an official notice that the mortgage on your tome Is In defo Ift and the lender intends to foreclose. S m is Information about the nature of the defauti Is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the aroaram works. Aaencv. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners Name: GEORGE THOMSON DEBRA THOMSON Property Address: 16 COLD SPRINGS ROAD CARLISLE PA 17013 Loan Acct. No.: 2224962 Original Lender. Current Lender / Servicer: Select Portfolio Servicing, Inc. E1BfT This Notice contains Important legal information. fi you have any questions, representatives of 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. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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. During that time, you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT {301 DAYS. IF 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 is Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem Wth the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they WH assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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. LR064 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 Ilf you have filed bankruptcy you can still apply for Emergancy Mortgage Assistance( HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 16 COLD SPRINGS ROAD CARLISLE PA 17013 15 SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of $1252.79 per month due from 411/2004 through 9/112004 payment (a total of 6 months): (Mortgage payment includes Escrow Payment of $ 0 per month): Accrued Late Charges: Non-SuffidentFunds (NSF) / Return Check Fees Escrow Advances for Hazard Insurance, Real Estate Taxes and/or Municipal Liens: Other Advances (Property Preservation) Funds On Account: " Total Amount Due: $ 7516.7399999999998 $0 $0 $ 582 $0 $ 111.54000000000001 $ 7987.1999999999998 "Funds on Account typicalb represent a partial payment of principal and interest received that cannot be app(ced to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default vAthin THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7987.1999999999998, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Select Portfollo Servicing, Inc. Remittance Processing P.O. Box 79157 Phoenix, AZ 85062 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (do not use if not applicable) 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 outstnnriing hale^ce cf this d-eb' ,,,,, be consdered due immediately and you may LRO64 lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if,legal proceedings are started against you, you will have to pay all reasonable attorneys' 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. It you cure the defauff 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 MR restore your mortgage to the some position as lt you had never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE - it is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Select Portfolio Servicing, Inc. ADDRESS: P.O.Box65250 Salt Lake City, UT 84165-0250 PHONE NUMBER: 1-800-635-9698 FAX NUMBER: (801) 293-2600 Contact Person: Michael Rubino 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 - Under the terms of your mortgage and note, it may, or may not, be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. LRO64 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. • HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY [add table here[ LRO64 CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 3341518... CCCS of Western PA 2000 Lingtestown Road Harrisburg, PA 17102 588.511.2227 Community Action Commission of Capital Region 1514 Be" Street Harrisburg, PA 17104 (717)232-9757 Lovaship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232.2207 Mmanatha 43 Philadelphia Avenue Waynesboro, PA Mall (717) 782-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800.342.2397 21 VERIFICATION The undersigned, an officer of Select Portfolio Servicing, Inc., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned Ncho maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: Jeffrey Colclough Document Control Officer Company: Select Portfolio Servicing, Inc. V .. z a kj o , ?-^ N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC 1, NO. 05-796 Civil Term Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against George T. Thomson and Debra A. Thomson, Defendants, and real property situated at 16 Cold Springs Road, Township of Dickinson, Cumberland County, Pennsylvania 17013. AMOUNT DUE $150,729.21 INTEREST FROM March 23, 2005 Through September 7, 2005 5,845.00 SUBTOTAL $156,574.21 COSTS TO BE ADDED THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: oj-t'C, , Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 4G- w ? ? -d C C to - ?r^ v ) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-796 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, IN TRUST FOR THE HOLDERS OF MERRIL LYNCH MORTGAGE INVESTORS TRUST SERIES 2002-AFCI, Plaintiff (s) From GEORGE T. THOMSON AND DEBRA A. THOMSON, (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $150,729.21 L.L. $.50 Interest FROM 3/23/05 THROUGH 9/7/05 - $5,845.00 Arty's Comm % Due Prothy $1.00 Atty Paid $134.14 Other Costs Plaintiff Paid Date: APRIL 4, 2005 CURTIS R. LONG Prothonota (Seal) By Deputy REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 File No.05-12008 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC1, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Tenn V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. AFFIDAVIT UNDER PA. RCP RULE 3129 LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 16 Cold Springs Road, Carlisle, Township of Dickinson, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: George T. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 2. Name and address of each Defendant named in the judgment: George T. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: LaSalle Bank National Association, as trustee, Plaintiff c/o Select Portfolio Servicing 3815 South West Temple, Salt Lake City, UT 84115 Household Realty Corporation 26 Gateway Drive, Suite 107 Mechanicsburg, PA 17055 Citifinancial 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Dickinson Township Water Authority 219 Mountainview Road Mt. Holly Springs, PA 17065 Tax Collector: Carolyn R. McQuillen 1044 Pine Road Carlisle, PA 17013 Name and address of every other person of whom the Plaintiffhas knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 16 Cold Springs Road Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: March 30, 2005 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY:? Barbara A. Fein, Esquir Attorney for Plaintiff Attorney I.D. No. 53002 ?> ?, G , CJ? 7??t ? `. S v=;` iSt "'--r Ll -_ tJ7 c? ;? lrrr -?1 ...: ?_J )i ?'(, i THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFCI, Plaintiff, File No.05-72008 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George T. Thomson Debra A. Thomson 16 Cold Springs Road, 16 Cold Springs Road, Carlisle, PA 17013 Carlisle, PA 17013 Your house at 16 Cold Springs Road, Township of Dickinson, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriff s Department on September 7, 2005 at the Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $150,729.21 obtained by Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Dionne Winstead at (215) 653-7450. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.F.L.S., dated June 3, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 59, Page 128, as follows: BEGINNING at a point in the centering of Cold Spring Road T-356, at comer of Lot No. 7 on said Plan; thence along Lot No. 7. South 77 degrees 41 minutes 20 seconds West 315.40 feet to a steel pin as Lot No. 7 on Plan: thence along Lot No. 7 on Plan. North 12 degrees 18 minutes 40 seconds West 150.00 feet to a steel pin common to Lots 7, 8, and 9 on Plan: thence along Lot 9, North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point in centerline of Cold Spring Road: thence along Cold Spring Road T-356, South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 1.086 acres and designated as Lot No. 8 on Plan of Cold Spring Meadows COMMONLY known as: 16 Cold Spring Road, Carlisle, PA 17013 TITLE IS VESTED IN: George T. Thomson and Debra A. Thomson, by Deed from Kimba, Inc. dated 07/30/1993, Recorded 08/03/1993, Book 36L, page 275 -> ,- =; -; ?- _? ` -_. , ,n ?.- G; , THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Kevin P. Diskin, Esquire / L.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC 1 Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $150,729.21 in favor of Plaintiff LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC 1 and against the Defendants George T. Thomson and Debra A. Thomson for failure to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiffs damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage Interest due and owing at the rate of 11.25% calculated from the default date above stated through April 30, 2004 Interest due and owing at the rate of 10.25% calculated from May 1, 2004 through March 23, 2005 Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account Property inspections as a recoverable expense under mortgage terms Suspense Balance Attorneys' fees TOTAL IN REM JUDGMENT TO BE ENTERED 127,187.49 1,192.38 11,618.89 3,108.40 1,374.43 < 111.75 > 6,359.37 $150,729.21 TOTAL IN REM JUDGMENT TO BE ENTERED $150,729.21 BY: Barbara A. Fein, Esquire AND NOW, judgment is entered in favor of the Plaintiff LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC 1 and against the Defendants George T. Thomson and Debra A. Thomson, and damages are assessed as above in the sum of $150,729.21. Pro. Prothonotary THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Kevin P. Diskin, Esquire / I.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC1, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.US-"tglp C Jil 'rA"A V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF UTAH COUNTY OF SALT LAKE CITY s.s.: THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant George T. Thomson Age Over 18 Residence 16 Cold Springs Road, Carlisle, PA 17013 Employment Unknown Defendant Debra A. Thomson Age Over 18 Residence 16 Cold Springs Road, Carlisle, PA 17013 Employment Unknown ore to and sub met ' before day of 7 2005. ,J iJHFk A . SHEL.L.EY " n. a.,. eLT', .aglx , .Poii<•, r?.,,?, IT S IATE OIT U'1'A? NAME: Herb Grown TITLE: Document Control Officer COMPANY: Select Portfolio Servicing, Inc. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Kevin P. Diskin, Esquire f I.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in Trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC1, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. George T. Thomson Debra A. Thomson 16 Cold Springs Road, 16 Cold Springs Road, Carlisle, PA 17013 Carlisle, PA 17013 Dated: March 11, 2005 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ik Au (p C [ l Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER MAIL. DOES NOT Received From qP? rGl Rsu'? FV 1111 ,rl ??? 7 ° One piece of ordinary mail addressed to Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 PS Fortin 3817, January 2001 ,2 P. /2 a 0 J, Jv,x? Affix fee here in stamps or meter postage and -post mark. Inquire of Postmaster for torrent fee. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From'. yCl A 57 One Piece of ordinary mail addressed to f 7 W 16 Cold %pjj Ec Road Carlisle, PA 17013 n Affix fee here in stamps or meter postage and .post mark. Inquire of Postmaster for tureen fee. Form oo f f , January 2UD1 237 I lLocg ?.? THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Kevin P. Diskin, Esquire ! L.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC I, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this peer to your law?r at once. If you do not have a Law , go to or telephone the office set forth below. This office can rn ovide you with information about hiring a lawyer If you cannot afford to hire a laws this office maybe able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Ilame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 South Bedford Street Carlisle, P A 17013 Date of Notice: March 11, 2005 PERSONS SERVED: George T. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 THE LAW OFFICES OF BARBARA A. BY: 'P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Kevin P. Diskin, Esquire / I..D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFCI Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON Defendants. CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for Plaintiff LaSalle Bank National Association, as trustee, in trust for the Holders ofMerril Lynch Mortgage Investors Trust Series 2002-AFCl, hereby certify that the Plaintiffs correct address is 3815 South West Temple, Salt Lake City, UT 84115, and the last known address of each Defendant is as below. George T. Thomson 16 Cold Springs Road Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road Carlisle, PA 17013 BY: Barbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire ( I.D. No. 79992 Kevin P. Diskin, Esquire 1 L.D. No. 86727 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC1 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON Defendants. CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for Plaintiff LaSalle Bank National Association, as trustee, intrust for the Holders ofMerri] Lynch Mortgage Investors Trust Series 2002-AFC 1, hereby certify that I have served a true and correct copy of the appended pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: George T. Thomson 16 Cold Springs Road Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road Carlisle, PA 17013 BY: Barbara A. Fein, Esquire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House S. Hanover Street Carlisle, PA 17013 CURTIS R. LONG, PROTHONOTARY TO: George T. Thomson Debra A. Thomson 16 Cold Springs Road 16 Cold Springs Road Carlisle, PA 17013 Carlisle, PA 17013 LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC I Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURTIS R. LONG, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. ?, :< cy SHERIFF'S RETURN - REGULAR CASE NO: 2005-00796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCTAT VS THOMSON GEORGE T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accord says, the within COMPLAINT - MORT FORE was served upon GEORGE T DEFENDANT to law, he , at 1939:00 HOURS, on the 17th day of Februar , 2005 at 16 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to DEBRA THOMSON, WIFE a true and attested copy of COMPLAINT - MORT FORE toget and at the same time directing Her attention to the contents Sheriff's Costs Docketing 18. 00 Service 8. 14 Affidavit . 00 Surcharge 10. 00 .00 36. 14 Sworn and Subscribed to before me this day of a,/, A.D. Pro h otary So Answers: R. Thomas Kline 02/18/2005 BARBARA FEIN By: y with SHERIFF'S RETURN - REGULAR CASE NO: 2005-00796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS THOMSON GEORGE T ET KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon DEBRA A t DEFENDANT , at 1939:00 HOURS, on the 17th day of at 16 COLD SPRINGS ROAD CARLISLE. PA 17 DEBRA THOMSON by handing to a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of i A.D. Prot onotar So Answers R. Thomas Kline 02/18/2005 BARBARA FEIN By: if law, 2005 with reef. Y ? THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFC1, Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. Fite No. 05-12008 Loan No.0002224962 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term AFFIDAVIT OF SERVICE I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant, Debra A. Thomson on April 11, 2005, by certified mail, postage pre-paid, and evidenced by the return receipt executed by the Defendant, Debra A. Thomson, originals of which are attached hereto. Sworn to before me this April 18. 2005. otary Public Notarial Seal Jessica McVittie, Notary Public Dublin Twp., Montgomery County ?y Commission Expiros Jan. 11, 2006 THE LAW 017FICES OF BARBARA A. FEIN, P.C. BY: Dionne instead, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sheriffs Dept. ¦ Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is desired. ¦ Print-your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if spice permits. 1. Article Addressed to: Debra.& 16 Cold Road Carlisle, 7013 X 13 Agent 1 •7?'lal'1,rbr ? Addressee eoeived by (Pdnted Name) Ps' Date of Delivery l o hrd r1.Tv,A, 'y4(',5 D. Is delivery address dflereM from Rem 1? LJ If YES, enter delivery address below: O 3. Service Type Ified Mail 0 Express Mail Registered ? Return Receipt for Merchandise 0 Insured Mail. 0 C.O:O... 4. Restricted Delivery? (Extra Fee). 0 yes 2. Anbb Number 7004 2510 0000 1995 8591 (iFenalar from rom service label) PS Form 3811, August 2001Domestic Return Receipt ,? - :, aoe0esoz-M='tsoo I V?S? 200 ? '1 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFCI, Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. File No. 05-12008 Loan No. 0002224962 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term AFFIDAVIT OF SERVICE I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC I, hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant, George T. Thomson on April 11, 2005, by certified mail, postage pre-paid, and evidenced by the return receipt executed by Debra A. Thomson, an authorized agent of the Defendant, originals of which are attached hereto. THE LAW Sworn to before me this April 18. 2005. aa'L?' tary Public BY: Dionne Winstead, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff Notarial Seal cc. Cumberland County Sheriffs Dept. Jessica McVatNotary Public Fuc r D ublin Twp., MontgomeCounty Commission Expires Jan. 11, 2006 OF BARBARA A. FEIN, P.C. f ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: George T. Themom 16 Cold sxjjba?w Carlisle, PA TM`3- v 7? /^? T ? Agent X ) ?' l L1 1 \?i In srlin .ww LC B) by (Printed Name) Date of Delivery D. Is delivery address different from item 14 0 Yes If YES, enter delivery address below: 0 No 3. SpAce 7ype -Gertifisd Mall 0 Express Mall Registered O Return Recelpt for Merchandise 0 Insured Mall 0 G.O.D. 4. Restricted Delivery! (Extra Fee) 0 Yes 2. Article Number 7004 2510 0000 1995 8607 (runs/er from service lapel) PS Form 3811, August 2001 Domestic Rawrn Receipt ? 1o2ses-o2-M-154o VbSS /100T PL-i ?- ?? 4 ;? r c r;, ,?:, ?:?? c '? ! { LaSalle Bank National Association et al In The Court of Common Pleas of VS Cumberland County, Pennsylvania George T. Thomson and Debra A. Writ No. 2005-796 Civil Term Thomson R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Barbara Fein. Sheriff's Costs Docketing 30.00 Poundage 5.18 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 11.20 Certified Mail 4.25 Surcharge 30.00 Law Journal 119.00 Share of Bills 18.20 Prothonotary 1.50 $264.33 Sworn and subscribed to before me This a ? day of 2005, Prothonotary So Answe?E P Y R. Thomas Kline, Sheriff B Real Estate Sergeant ?? ek-''D93I THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 File No.05-12008 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFCI, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. AFFIDAVIT UNDER PA. RCP RULE 3129 LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 16 Cold Springs Road, Carlisle, Township of Dickinson, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: George T. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 2. Name and address of each Defendant named in the judgment: George T. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Debra A. Thomson 16 Cold Springs Road, Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: LaSalle Bank National Association, as trustee, Plaintiff c/o Select Portfolio Servicing 3815 South West Temple, Salt Lake City, UT 84115 Household Realty Corporation 26 Gateway Drive, Suite 107 Mechanicsburg, PA 17055 Citifinancial 1 Valley Street, Suite 103 Carlisle, PA 17013 Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Dickinson Township Water Authority 219 Mountainview Road Mt. Holly Springs, PA 17065 Tax Collector: Carolyn R. McQuillen 1044 Pine Road Carlisle, PA 17013 Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 16 Cold Springs Road Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 30, 2005 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: CJ-&(? z Barbara A. Fein, Esquir Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002- AFCI, Plaintiff, File No.05-12008 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George T. Thomson Debra A. Thomson 16 Cold Springs Road, 16 Cold Springs Road, Carlisle, PA 17013 Carlisle, PA 17013 Your house at 16 Cold Springs Road, Township of Dickinson, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriff s Department on September 7, 2005 at the Cumberland County Court House, l Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $150,729.21 obtained by Plaintiff, LaSalle Bank National Association, as trustee, in trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFCI, against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Dionne Winstead at (215) 653-7450. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stogy the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.F.L.S., dated June 3, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 59, Page 128, as follows: BEGINNING at a point in the centering of Cold Spring Road T-356, at corner of Lot No. 7 on said Plan; thence along Lot No. 7. South 77 degrees 41 minutes 20 seconds West 315.40 feet to a steel pin as Lot No. 7 on Plan: thence along Lot No. 7 on Plan. North 12 degrees 18 minutes 40 seconds West 150.00 feet to a steel pin common to Lots 7, 8, and 9 on Plan: thence along Lot 9, North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point in centerline of Cold Spring Road: thence along Cold Spring Road T-356, South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 1.086 acres and designated as Lot No. 8 on Plan of Cold Spring Meadows COMMONLY known as: 16 Cold Spring Road, Carlisle, PA 17013 TITLE IS VESTED IN: George T. Thomson and Debra A. Thomson, by Deed from Kimba, Inc. dated 07/30/1993, Recorded 08/03/1993, Book 36L, page 275 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-796 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, IN TRUST FOR THE HOLDERS OF MERRIL LYNCH MORTGAGE INVESTORS TRUST SERIES 2002-AFCI, Plaintiff (s) From GEORGE T. THOMSON AND DEBRA A. THOMSON, (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $150,729.21 L.L. $.50 Interest FROM 3/23/05 THROUGH 9/7/05 - $5,845.00 Atty's Comm % Due Prothy $1.00 Atty Paid $134.14 Other Costs Plaintiff Paid Date: APRIL 4, 2005 URTIS R. NG (Seal) Prothonotary Bv: Deputy REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 Real Estate Sale #31 On May 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 16 Cold Springs Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 09, 2005 By: jd,? -? Real Estat Deputy 10 `E b 9- ddV 5001 ?j1J3H? 3 tl ?!o 2?60, - 0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 15, 2005 Affiant farther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covtle. Editor TO AND SUBSCRIBED before me this 15 day of July. 2005 NOTAR/AL SEAL (/ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March S, 2009 REAL NSTATE SALE NO. 31 Writ No. 2005-796 Civil LaSalle Bank National Association, as Trustee In Trust for the Holders of Merril Lynch Mortgage Investors Trust Series 2002-AFC] VS. George T. Thomson and Debra A. Thomson Atty.: Barbara Fein LEGAL DESCRIPTION ALL that certain tract of land situ- ate in Dickinson Township, Cumber- land County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Deck- er, R.F.L.S., dated June 3, 1989 and recorded in the Office of the Record- er of Deeds for Cumberland County in Plan Book 59, Page 128, as fol- lows: BEGINNING at a point in the cen- tering of Cold Spring Road T-356, at corner of Lot No. 7 on said Plan; thence along Lot No. 7. South 77 degrees 41 minutes 20 seconds West 315.40 feet to a steel pin as Lot No. 7 on Plan: thence along Lot No. 7 on Plan. North 12 degrees 18 minutes 40 seconds West 150.00 feet to a steel pin common to Lots 7, 8, and 9 on Plan: thence along Lot 9, North 77 degrees 41 min- utes 20 seconds East 315.40 feet to a point in centerline of Cold Spring Road: thence along Cold Spring Road T-356, South 12 de- grees 18 minutes 40 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 1.086 acres and designated as Lot No. 8 on Plan of Cold Spring Meadows. COMMONLY known as: 16 Cold Spring Road, Carlisle, PA 17013. TITLE IS VESTED IN: George T. Thomson and Debra A. Thomson, by Deed from Kimba, Inc. dated 07/30/1993, Recorded 08/03/ 1993, Book 36L, page 275. F{E.E THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, as trustee, in trust for the Holders of Meml Lynch Mortgage Investors Trust Series 2002- AFC1, Plaintiff, V. GEORGE T. THOMSON AND DEBRA A. THOMSON, Defendants. 2010 AN 29 PH 12: 00 h t T File No. 05- l 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-796 Civil Term PRAECIPE TO WITHDRAW / VACATE JUDGMENT AND TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly withdraw / vacate the judgment entered in the above captioned mortgage foreclosure action. Then please mark the matter settled, discontinued and ended without prejudice to Plaintiff. April 26, 2010 CK? ?aeoy' r?av(3s I THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002